Last updated: March 24, 2016
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the http://bookretriever.com website (the "Service") ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
The Services provides a collection of tools and resources to manage classroom libraries including asset management, databases, and workflows for managing activities surrounding those libraries including book borrowing by students.
By subscribing or using any of the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization) unless that organization has a separate agreement in effect with us, in which event the terms of that contract will govern your use of the Service. You may use the Services only in compliance with these Terms and only if you have the power to enter into a contract with Book Retriever and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES.
Book Retriever is continually improving our Services and we reserve the right, at our sole discretion, to make changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for maintaining the confidentiality of any system credentials including user names, passwords and pin numbers associated with any account that you use to access the Services and for any activities or actions under your password. Book Retriever will not be responsible for any breaches of security due to your failure to do so.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
If you believe that the security of your account has been compromised in any way, you must notify Book Retriever immediately by emailing the details to firstname.lastname@example.org.
This is an Agreement for Services, and you are not granted a software license by this Agreement. You will not attempt to reverse engineer, decompile or attempt to view or capture the source code or underlying structure. You shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, data mining tools, or the like) to “scrape” or download data from any web pages or applications contained in the Website.
Data that was provided by you such as your lists of books and students is your data and is not restricted in any way by the Terms. Book metadata that was not provided by you, and is provided through the website, is only to be used in conjunction with Services, and may not be downloaded for use on any other website or for any other purpose. Customer represents, covenants, and warrants that Customer will use the Services only in compliance with these Terms. Customer hereby agrees to indemnify and hold harmless Book Retriever and its partners and the respective directors, officers, employees and agents of each against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing.
You agree that we may collect and use data derived from the Service, including data about any Users’ access and use of the Services, that has been anonymized, aggregated, or otherwise de-identified such that the data cannot reasonably identify a particular student, user, or school. De-identified data will have all direct and indirect personal identifiers removed, including but not limited to name, ID numbers, date of birth, demographic information, location information and School ID. We may use such data to operate, analyze, improve or market our Services.
Book Retriever requires minimal amounts of information about students to function. To manage the borrowing of books, a student user name may be required. The student user names are managed by the teacher, and it is the teacher’s responsibility ensure that the user names used in Book Retriever are in accordance with the policies of their school, district or local, state and federal laws and regulations.
If we share or publicly disclose information for example, in marketing materials, our website, or blog posts, that is derived from usage data, that data will be aggregated or anonymized to reasonably avoid identification of a specific School or individual student. For example, we may track the number of schools, classrooms and students for marketing efforts for our Services, or to analyze aggregated activity for improving the Services. You further agree that we may use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated data even after this Agreement has expired or been terminated.
We are committed to protecting the information collected in Book Retriever, and we take multiple security measures to protect your information against unauthorized access by maintaining appropriate physical, electronic, and other procedures to safeguard and secure the information and data stored within Book Retriever. While no computer system is completely secure, we believe the measures we have implemented reduce the likelihood of security problems to a level appropriate to the type of data involved.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
We reserve the right to terminate and delete your account including all activity and data if you haven't renewed your subscription for Services for 12 consecutive months. We'll of course provide you with notice via the email address associated with your account before we do so.
BOOK RETRIEVER PROVIDES THE SERVICEs "AS IS", "AS AVAILABLE" AND WITH “ALL FAULTS”. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES ARE AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BOOK RETRIEVER, ITS AFFILIATES, OR PARTNERS BE LIABLE FOR:
(A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR
(B) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
BOOK RETRIEVER SHALL HAVE NOT LIBAILITY WITH RESPECT TO BOOK RETRIEVER’ OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNATIVE DAMAGES, EVEN IF BOOK RETRIEVER HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF BOOK RETRIEVER TO THE CUSTOMER FOR ANY REASON UPON CAUSE OF ACTION SHALL BE LIMITED TO THE LESSER OF THE AMOUNT OF $100 OR THE AMOUNTS PAID BY THE CUSTOMER TO BOOK RETRIEVER FOR THE PAST 12 MONTHS OF SERVICE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING WITHOUT LIMITATION TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.
These Terms shall be governed and construed in accordance with the laws of Missouri, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 business days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
If you have any questions about these Terms, please contact us at email@example.com.