PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING WWW.OWLPOSTBOOKS.COM (THE "SITE") OR ANY SERVICE OFFERED BY OWLPOSTBOOKS. ("OWL POST BOOKS," "WE," OR "US"). UNLESS YOU ACCEPT THIS AGREEMENT YOU ARE NOT AUTHORIZED TO USE THE SITE OR ANY SERVICE. BY VISITING, BROWSING, OR USING THE SITE OR ANY OWLPOSTBOOKS SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT INCLUDING ANY ADDITIONAL TERMS, CONDITIONS, AND POLICIES INCORPORATED BY REFERENCE INTO IT.

This Agreement applies to all Site visitors and users of the Site or Owl Post Books Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or any Owl Post Books Service. If you have any questions please submit an inquiry through the contact us tab.

WELCOME TO Owl Post Books!

Owl Post Books operates an online children's books subscription service on the Site and on social networking platforms controlled by Owl Post Books such as the Owl Post Books Facebook® and Google+ pages, the Owl Post Books Instagram® and Pinterest® boards, the Owl Post Books Twitter® feed and the Owl Post Books YouTube channel (collectively, the "Owl Post Books Online Community"). Our community is a place for you to express yourself.

You are not required to use social media at all to become a subscriber.

Owl Post Books offers its community members various subscription services.

 

Owl Post Books Subscriptions

Subscribers residing in the 50 United States, the District of Columbia, ("United States") or Canada may subscribe to receive monthly subscriptions.Owl Post Books offers five different recurring payment options to subscribe to the Membership : (1) an automatically billed monthly subscription ("Monthly Membership"); and (2) an automatically billed annual subscription ("Annual Membership") (3) an automatically billed 3 month subscription, (4) an automatically billed 6 month subscription and (5) a gift box billed one time only. You can subscribe here: www.owlpostbooks.com.

Imagination Box Contents: Owl Post Books subscriptiones typically contain 4 items. The contents of each Owl Post Books subscription will vary from month to month. We make no guarantees that you will receive a particular product.

Book of the Month Contents: One Book that is mailed in a colorful mailer. The contents of each Subscription will vary from month to month. We make no guarantees that you will receive a particular product.

YA Artist Subscription: One Book and a set art medium each month. The contents of each Box will vary from month to month. We make no guarantees that you will receive a particular product.

YA Writer Subscription: One Book and a writing activity each month. The contents of each Owl Post Books subscription will vary from month to month. We make no guarantees that you will receive a particular product.

Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges until you cancel your subscription. You may cancel your Monthly Subscription at any time, subject to the terms of our cancellation policy.

AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe Owl Post Books will automatically process your Monthly Subscription fee in the next billing cycle. Owl Post Books will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate, until you cancel your subscription. We explain how to cancel your Monthly Subscription below at the Section "Cancellation Policy".

Annual Subscription: By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service. After one year and annually thereafter, you will be billed  a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate. We will notify you before the renewal fee is billed. You may cancel your Annual Subscription anytime before the next billing cycle, subject to the terms of our cancellation policy.

AUTOMATIC ANNUAL, 3 MONTH, AND 6 MONTH RENEWAL TERMS: We bill your credit card for the Annual, 3 month or 6 month Subscription renewal fee in the first month of your next Annual, 3 month or 6 month Subscription.

For example, let's say you purchased an Annual Subscription beginning in May 2015 and ending in April 2016. We will bill you for the second year (May 2016 to April 2017) in May 2016, unless you cancel your Annual Subscription before May 2016. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, Owl Post Books will automatically process your Annual, 3 month or 6 month Subscription fee at the then-current Annual Subscription, 3 month or 6 month rate. We explain how to cancel your Annual Subscription below at the Section "Cancellation Policy".

 

You may cancel your Monthly Subscription at any time by emailing info@owlpostbooks.com and requesting a cancellation. If you cancel your Monthly Subscription, the cancellation will take effect for your next Owl Post Books subscription monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.

Cancellation Policy for Annual, 3 month or 6 month Subscription Renewals: Annual, 3 month or 6 month Subscription fees are non-refundable. You may cancel your Annual Subscription renewal at any time after you are billed for the then-current year and before you are billed for the next year, by emailing info@owlpostbooks.com. There are no refunds for prepaid subscriptions that get cancelled before their prepaid terms are completed. If you cancel in the middle of your prepaid term, you will receive the prepaid amount of packages then your subscription will end. If you choose not to receive the remaining packages you will still not receive a refund.

No Returns: You may not return any Owl Post Books subscription product you receive. If you have concerns about the Owl Post Books subscription you have received or any of the products in it, please email info@owlpostbooks.com. We will work with you to address your concerns.

You agree to indemnify and hold Owl Post Books, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand, including reasonable attorney’s fees, made by any party due to or arising out of your use of their product.

Cancellations, Returns or Exchanges.Not happy?  Please check the return and exchange policy of the Retail Partner for the product you purchased for whether you can cancel, return, or exchange an order. If a return or exchange is possible,Owl Post Books will be happy to help. Just contact a member of our team at info@owlpostbooks.com. Unapproved returns will not be refunded.

PRODUCT MANUFACTURE AND INGREDIENTS

We don’t manufacture any of the products we send to you. All other Owl Post Books subscription items and products distributed with Offers, Points and Giveaways are manufactured by their respective brands. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product.

Eligibility to Use the Site and Owl Post Books Services

General: You may access the Site from anywhere in the world without incurring any fees. However, you will be required to join Owl Post Books and must be a legal resident of the United States or Canada to use certain Site features.

Residency: The Site is available to anyone in the world, but most of the Owl Post Books Services are limited to legal residents of the United States or Canada. The Owl Post Books subscription Membership are available to subscribers residing in the United States or Canada. You must reside in the United States to be eligible for Owl Post Books Offers.  We make no guarantee that you will be eligible to receive every product we sell or distribute.

Age: You are not authorized to access or use the Site or any Owl Post Books Service if you are under 13 years old. Individuals under 18 years old must at all times use the Site and Owl Post Books Services only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user (or Site member or Owl Post Books subscriber, if applicable) and will be responsible for any and all use of the Site and Owl Post Books Services by the individual under 18.

Compliance: To be eligible to use the Site and Owl Post Books Services, you must comply with all local laws regarding online conduct and acceptable content and agree to pay all applicable taxes. Use of the Site is void where prohibited by law. You must also comply with these Terms of Use, the Owl Post Books policy documents listed below (if applicable to your use of the Site or Owl Post Books Services), and all other operating rules, policies, and procedures that Owl Post Books may publish from time to time on the Site, each of which is incorporated herein by reference and each of which Owl Post Books may update from time to time without notice to you:

Owl Post Books Privacy Policy

Owl Post Books Copyright and Intellectual Property Policy

Owl Post Books Community Guidelines

Owl Post Book's Right to Revoke, Suspend, or Restrict Eligibility: Owl Post Books reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Owl Post Books may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any Owl Post Books Service. If Owl Post Books bans you from the Site or any Owl Post Books Service, you may not return to the Site or use that Owl Post Books Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the Owl Post Books Service after you've been banned, you will be deemed to have breached this Agreement, and Owl Post Books reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.

GENERAL TERMS OF USE FOR OUR SITE AND ALL THE Owl Post Books SERVICES

Account Information: In the course of your use of the Site or Owl Post Books Services, we may ask you for certain information including your name, email address, mailing address and credit card information (collectively, "Account Information"). Your Account Information must be up-to-date and accurate at all times. You agree that you are solely responsible for the accuracy and content of your Account Information. Owl Post Books Privacy Policy, which is incorporated herein by reference, explains what information we collect from you, how we collect it, how we use it, and how we protect it.

Account Transfer Prohibited: You may not transfer or sell your Owl Post Books account or username to any other party. You are fully responsible for all activity of your Owl Post Books account and username.

General Practices Regarding Site Use and Storage: You acknowledge that Owl Post Books may establish general practices and limits concerning Site use and storage. You agree that Owl Post Books has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that Owl Post Books may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.

Site Content: Other than content submitted to the Owl Post Books Online Community by users ("User Content"), we own, exclusively, all rights, title, and interest in and to the Site including all content, code, data, materials, the look and feel, design, and organization of the Site, and the compilation of the Site content, code, data, and materials (collectively, "Site Content"), including all copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights, and other intellectual property and proprietary rights therein. To the extent that we don't own any Site Content, we have secured a license from the owner or licensor of such Site Content granting us the right to display it on the Site. Your use of the Site does not grant you ownership of any kind in any Site Content. Except as provided in these Terms of Use, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit any Site Content without Owl Post Books prior written permission.

You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.

User Content: You must own all User Content you submit to any Owl Post Books Online Community or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities in the Owl Post Books Online Community and you submit User Content at your own risk.

Owl Post Books does not claim ownership rights in your User Content. When you submit User Content to any Owl Post Books Online Community you grant us a license to use such content, but you retain ownership.

By uploading User Content on the Site, you grant Owl Post Books a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, and sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the User Content, in any form, media, or technology now known or later developed. You agree to allow Owl Post Books to store, translate or reformat your User Content on the Site and display your User Content on the Site in any way Owl Post Books chooses, for any purpose whatsoever, including for promotional or commercial purposes, without compensation or accounting to you and without further recourse by you. We will only use personal information in accordance with our Privacy Policy.

Re-Posting User Content: It's possible for an outside website or third party to re-post your User Content. You agree to hold Owl Post Books harmless for any dispute concerning such re-posting. Owl Post Books assumes no responsibility for any third party's intellectual property infringement of User Content.

Trademarks: The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed in the Owl Post Books Online Community or through the Owl Post Books Services are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear in the Owl Post Books Online Community or through the Owl Post Books Services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed in the Owl Post Books Online Community without our written permission or that of the third-party rights holder.

Prohibited User Conduct: You agree that while using the Site and Owl Post Books Services, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from Owl Post Books, its affiliates, or another subscriber; (3) misrepresent your affiliation with any third party; (4) post or republish third party advertising on any part of the Owl Post Books Online Community; (5) attempt to gain unauthorized access to other computer systems through the Site; or (6) use the Site or Owl Post Books Services in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.

Information on the Owl Post Books Online Community: We control and operate the Site from the United States. Owl Post Books does not control User Content postings to the remainder of the Owl Post Books Online Community. The views expressed in the Owl Post Books Online Community do not necessarily reflect or represent the views of Owl Post Books, its staff or stylists.

Owl Post Books reserves the right, but does not and shall not have an obligation, to monitor and review all User Content in the Owl Post Books Online Community and to edit or remove any information or materials that are in violation of this Agreement or applicable law. Owl Post Books also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.

You may find some User Content to be offensive or inaccurate. If you have concerns regarding User Content posted by others, please contact info@owlpostbooks.com. We will review your concerns in good faith. If you want us to remove User Content posted by you, please contact info@owlpostbooks.com. We will remove your User Content as soon as reasonably possible. Please also review our Copyright and Intellectual Property Policy.

Linking to the Site: You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.

Fees and Billing: Prices are quoted in U.S. dollars. You agree to pay in full the price for each Owl Post Books Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to Owl Post Books as each payment, if any, is due. You agree to pay all applicable taxes, if any. If Owl Post Books does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.

AUTOMATIC RENEWAL TERMS: For Owl Post Books Services subject to automatic renewal, you agree that Owl Post Books may submit periodic charges (monthly or yearly) until you provide notice that you wish to terminate the authorization or change your payment method. You agree that such notice will not affect charges submitted before Owl Post Books could reasonably act.

Our total price for any Owl Post Books Service involving your purchase of a product (Owl Post Books subscription Membership) will include the price of the product plus any applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with Owl Post Books and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable. Further, Points redeemable for Rewards may be taxable, depending on the value of the item and any tax laws applicable to you. You are solely responsible for reporting such items on your tax returns and for paying any associated tax liability.

Unless otherwise indicated, our total price for any Owl Post Books Service involving your purchase of a product will include shipping and handling fees. Owl Post Books subscription shipments to Canada are subject to a shipping fee.

Risk of Loss: A third-party carrier will ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.

Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. When appropriate, you should seek independent professional advice.

Warranty Disclaimer: Owl Post Books AND Owl Post Books OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND OWL POST BOOKS SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. OWL POST BOOKS AND OWL POST BOOKS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM OWL POST BOOKS TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

YOU AGREE THAT YOUR USE OF THE SITE, THE Owl Post Books ONLINE COMMUNITY, AND THE OWL POST BOOKS SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THATOWL POST BOOKS HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.

Liability Limit: IN NO EVENT SHALL OWL POST BOOKS OR OWL POST BOOKS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR OWL POST BOOKS SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

THE LIABILITY OF OWL POST BOOKS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO OWL POST BOOKS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity: YOU AGREE TO INDEMNIFY AND HOLD OWL POST BOOKS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. OWL POST BOOKS RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH OWL POST BOOKS DEFENSE OF SUCH CLAIM.

LEGAL DISPUTES

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND OWL POST BOOKS HAVE AGAINST EACH OTHER ARE RESOLVED.

If a dispute arises between you and Owl Post Books, we are likely to be able to resolve your matter quickly and to your satisfaction.  Please contact our customer support team by sending us an email to info@owlpostbooks.com. Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible.  We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.

If you are a resident of the U.S. or Canada, and you have availed yourself of our customer service department without satisfaction, you and Owl Post Books all agree to resolve any remaining dispute arising out of or related to this Terms of Service, the Privacy Policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to Agreement to Arbitrate sub-section.

An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and Owl Post Books each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings.  For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either Owl Post Books or you do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.

YOU AND OWL POST BOOKS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND OWL POST BOOKS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

If a dispute arises between you and Owl Post Books, we are likely to be able to resolve your matter quickly and to your satisfaction.  Please contact us at info@owlpostbooks.com. Please indicate the nature of your complaint and we will do our best to get back to you with a reasonable solution as quickly and efficiently as possible.  We may ask you to provide us with more information. We trust we will be able to address your complaint without delay and to your satisfaction.

If you are a resident of the U.S. or Canada, and you have availed yourself of our customer service department without satisfaction, you and Owl Post Books all agree to resolve any remaining dispute arising out of or related to this Terms of Service, the Privacy Policy or our service through final and binding arbitration. This applies to all kinds of claims under any legal theory, unless the claim fits in one of the exceptions in the exceptions to Agreement to Arbitrate sub-section.

An arbitration proceeding is before a neutral arbitrator instead of a judge and jury, so you and Owl Post Books each agree to give up the right to a trial before a judge and jury. Arbitrations are not identical to litigation and have different rules than standard court proceedings.  For instance, arbitrations may involve lawyers, but they are less formal than lawsuits in courts. An arbitrator can award the same relief to an individual that a court can award. If either Owl Post Books or you do not like the arbitrator’s decision, the courts only have a limited ability to change the outcome of arbitration or make the arbitrator reconsider his or her decision.

If we have a dispute about whether this agreement to arbitrate can be enforced or applies to our dispute, we all agree that the arbitrator will decide that, too.

Exceptions to Agreement to Arbitrate.

We all agree that we will go to court to resolve disputes relating to:

Your or Owl Post Books intellectual property (for example, trademarks, trade dress, domain names, trade secrets, copyrights or patents); or

Any claim made in small claims court in Round Rock, Texas, if it qualifies to be brought in that court.

No Class Actions.

We all agree that we can only bring a claim against each other on an individual basis.

That means:

Neither you nor Owl Post Books can bring a claim as a plaintiff or class member in a class action, consolidated action or representative action.

The arbitrator cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless we both agree to change this).

The arbitrator’s decision or award in one person’s case can only impact the person who brought the claim, not other users of our Service, and cannot be used to decide other disputes with other users.

The Arbitration Process.

The American Arbitration Association (AAA) will manage the arbitration between you and Owl Post Books, and AAA’s rules and procedures (including their Supplementary Procedures for Consumer-Related Disputes, if applicable) will be used. If something in these Terms is different than AAA’s rules and procedures, then we will follow these Terms instead. You can look at AAA’s rules and procedures on their website www.adr.org or you can call them at 1-800-778-7879.

The arbitration location will be in Round Rock, Texs.  We can only choose another location if we mutually agree.

If your claim is for less than $10,000 (US), you do not need to attend the arbitration in person.  You can have a hearing by phone. If your claim is for more than $10,000, we will look to and follow the AAA for guidance.

While most arbitrators render a verbal decision, both you and Owl Post Books have the right to request the arbitrator to put his or her decision or award, or his or her reasons for the decision or award, in writing. Once a decision is rendered, Owl Post Books and/or you can ask a court to confirm it.  In some very limited circumstances, we may be allowed to ask a court to change the decision or award. This is information you will be provided should the arbitration process prove unsatisfactory.

Arbitration Costs.

If your claim is for $1,000 (US) or less, you must tell the AAA at the time you begin the arbitration proceeding. Owl Post Books will be notified of your request.

If your claim is for more than US $1,000, and arbitration is too expensive for you to afford when compared to filing a lawsuit in court, Owl Post Books will not be responsible for fees incurred filing, administration and arbitrator fees.

 

We won’t try to make you cover our fees unless the arbitrator decides that your claims are frivolous and it is fair to make you do this under the circumstances.

 

Applicable Law.

The Federal Arbitration Act (including its procedural provisions) is the law that will be applied to determine whether these dispute resolution provisions regarding arbitration and class action can be enforced and how they should be interpreted.

Apart from that, if you are U.S. resident, these terms and our relationship will be governed by Texas law, except for its conflicts of laws principles. If you reside outside of the U.S., these Terms of Service and our relationship will be governed by English law, except for its conflicts of laws principles.

Any dispute or claim arising from or relating to the Agreement or the Owl Post Books is subject to the binding arbitration, governing law, disclaimer of warranties and limitation of liability and all other terms in these Terms of Use.

Choice of Law: This Agreement shall in all respects be governed by the laws of the State of Texas and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.

No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and Owl Post Books failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.

Entire Agreement: These Terms of Use, together with our Privacy Policy, Cookie and Tracking Policy, Copyright and Intellectual Property Policy, Community Guidelines, and all other operating rules, policies, procedures, and additional terms that Owl Post Books may publish from time to time on the Site, constitutes the entire agreement between you and Owl Post Books concerning your use of the Site and Owl Post Books Services. Owl Post Books reserves all rights not granted under this Agreement.

Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency: You and Owl Post Books are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to Owl Post Books must be given by postal mail to Owl Post Books. Any notice to you may be given: (1) to the email address you provide to Owl Post Books during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to Owl Post Books, in which case notice will be deemed sufficient three days after the mailing date.

For intellectual property issues, please provide notice as specified in Owl Post Books  Copyright and Intellectual Property Policy.

Survival: The provisions of this Section 4 shall survive termination or expiration of this Agreement.

MODIFICATIONS TO TERMS OF USE

We may change the Agreement or these Terms of Use at any time for any reason by updating this posting. You are responsible for periodically reviewing these Terms of Use for revisions. Changes in the Terms of Use will be effective when posted. If Owl Post Books makes a material change, Owl Post Books will notify you here in this Terms of Use Agreement or by any other means we deem appropriate.Owl Post Books may determine, in its sole discretion, in good faith, what constitutes a "material change" using common sense and reasonable judgment. Your use of the Site or any of the Owl Post Books Services after we have modified this posting will constitute your acceptance of any changes.