Terms & Conditions

Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and toreadmore.com (“we,” “us” or “our”), concerning your access to and use of the toreadmore.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.

If you do not agree with all of these terms, then you are expressly prohibited from using the Site and you must discontinue use immediately.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that:

1. All registration information you submit will be true, accurate, current, and complete;
2. You will maintain the accuracy of such information and promptly update such registration information as necessary;
3. You have the legal capacity and you agree to comply with these Terms of Use;
4. You are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site;
5. You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
6. You will not use the Site for any illegal or unauthorized purpose; and
7. Your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a user of the Site, you agree not to:

• Systematically retrieve data or other content from the Site without written permission;
• Trick, defraud, or mislead us or other users;
• Circumvent, disable, or otherwise interfere with security-related features of the Site;
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site;
• Use any information obtained from the Site to harass, abuse, or harm another person;
• Use the Site in a manner inconsistent with any applicable laws or regulations;
• Engage in unauthorized framing or linking to the Site;
• Upload or transmit viruses, Trojan horses, or other material that interferes with the use of the Site;
• Engage in automated use of the system, such as using scripts to send comments or messages;
• Interfere with, disrupt, or create an undue burden on the Site or the networks connected to the Site;
• Attempt to impersonate another user or person;
• Sell or otherwise transfer your profile;
• Use the Site to advertise or offer to sell goods and services without authorization.

USER-GENERATED CONTRIBUTIONS

The Site may invite you to contribute content, including but not limited to text, reviews, comments, suggestions, or other information (“Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

By submitting Contributions, you represent and warrant that:

• Your Contributions do not violate the privacy or intellectual property rights of any third party;
• You are the creator and owner or have the necessary licenses to submit the Contributions;
• Your Contributions do not contain material that is false, misleading, obscene, defamatory, unlawful, or otherwise objectionable.

We reserve the right to remove or edit any Contributions at our sole discretion without notice.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to toreadmore.com an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose.

This license will apply to any form, media, or technology now known or hereafter developed.

SITE MANAGEMENT

We reserve the right, but not the obligation, to:

• Monitor the Site for violations of these Terms of Use;
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms;
• Refuse, restrict access to, limit availability of, or disable any of your Contributions;
• Remove or disable files and content that are excessive in size or are burdensome to our systems;
• Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site.

Without limiting any other provision of these terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or any applicable law or regulation. We may terminate your use or participation in the Site or delete your account at any time without warning.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

GOVERNING LAW

These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT, WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), both of which are available at www.adr.org. Your arbitration fees and your share of the arbitrator’s compensation will be governed and, where appropriate, limited by the AAA Consumer Rules.

Arbitration may be conducted in person, through document submissions, by phone, or online. The arbitrator will issue a written decision but is not required to provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and the award may be challenged if the arbitrator fails to do so.

Unless otherwise required by AAA rules or applicable law, arbitration will be held in the State of New Mexico, United States. Either Party may seek relief in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on an arbitration award.

If, for any reason, a Dispute proceeds in court rather than arbitration, such Dispute shall be initiated and resolved exclusively in the state or federal courts located in New Mexico, United States. The Parties hereby consent to, and waive all defenses regarding, lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such courts.

The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Terms of Use.

No Dispute brought by either Party relating in any way to the Site may be initiated more than one (1) year after the cause of action arose. If any portion of this arbitration provision is found to be illegal or unenforceable, the unenforceable portion will be severed, and the remainder will remain in full force and effect. Any Dispute falling within the unenforceable portion shall be resolved exclusively by a court of competent jurisdiction in the courts referenced above, and both Parties submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the individual Dispute between the Parties. To the fullest extent permitted by law:

• (a) No arbitration shall be joined with any other proceeding;
• (b) There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
• (c) There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following types of Disputes are not subject to the provisions requiring informal negotiations and binding arbitration:

• (a) Any Dispute seeking to enforce or protect, or concerning the validity of, a Party’s intellectual property rights;
• (b) Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
• (c) Any claim for injunctive relief.

If any part of this provision is found to be illegal or unenforceable, then the affected Dispute shall not be subject to arbitration. Instead, it shall be resolved by a court of competent jurisdiction located in the courts specified above, and the Parties agree to submit to the personal jurisdiction of such courts.

Corrections

The Site may contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, or other information related to the Marketplace Offerings. We reserve the right to correct any such errors, inaccuracies, or omissions and to update or change information on the Site at any time, without prior notice.

Disclaimer

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS;
2. PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE;
3. UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL OR FINANCIAL INFORMATION STORED THEREIN;
4. INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE;
5. BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL ELEMENTS TRANSMITTED BY ANY THIRD PARTY THROUGH THE SITE; AND/OR
6. ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS, OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY LINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE ARE NOT A PARTY TO, AND WILL NOT MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitations of Liability

IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER—AND REGARDLESS OF THE FORM OF THE ACTION—WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION ARISING.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to defend, indemnify, and hold harmless To Read More, its subsidiaries, affiliates, and all respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees and expenses) made by any third party due to or arising out of:

1. Your use of the Site;
2. Your breach of these Terms of Use;
3. Your violation of any representations or warranties outlined in these Terms of Use;
4. Your infringement of any third-party rights, including but not limited to intellectual property rights; or
5. Any harmful or unlawful conduct toward another user you interacted with through the Site.

We reserve the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate, at your own expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

User Data

We maintain certain data that you transmit to the Site for the purpose of managing its performance, as well as data related to your use of the Site. While we perform routine backups, you are solely responsible for all data you transmit or that relates to any activity you undertake on the Site.

You agree that toreadmore.com shall not be liable to you for any loss or corruption of such data, and you hereby waive any right of action against us arising from such loss or corruption.

Electronic Communications, Transactions, and Signatures

By visiting the Site, sending us emails, or completing online forms, you are engaging in electronic communications. You consent to receive such communications and agree that all agreements, notices, disclosures, and other communications provided to you electronically—via email or on the Site—satisfy any legal requirement that such communications be in writing.

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH TOREADMORE.COM. You waive any rights under laws requiring non-electronic records, original signatures, or non-digital forms of payment or consent, unless such laws are non-waivable.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

1625 North Market Blvd., Suite N 112, Sacramento, California 95834
Telephone: (800) 952-5210 or (916) 445-1254

Miscellaneous

These Terms of Use, along with any posted policies or operational rules on the Site, constitute the entire agreement between you and toreadmore.com. Our failure to enforce any right or provision shall not be deemed a waiver of such right or provision.

These Terms operate to the fullest extent permitted by law. We may assign our rights and obligations at any time. We are not liable for delays or failures caused by events beyond our reasonable control.

If any part of these Terms is found to be unlawful, void, or unenforceable, that part shall be severed, and the remaining provisions shall remain in effect. No joint venture, partnership, employment, or agency relationship is created by your use of the Site or these Terms.

You agree not to challenge these Terms based on their electronic format or the absence of physical signatures by either party.

Contact Us

If you have any questions about these Terms of Use or need assistance, please contact us at:

toreadmore.com
Email: support@toreadmore.com