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BookTree Service Agreement

This Service Agreement (“Agreement”) is a contract between you and BookTree, LLC (“BookTree”), and applies to your use of BookTree’s services (“Service”). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use the Service.

1. Acceptance of Agreement
   By clicking the “I ACCEPT” button, you acknowledge that you have read, understand, and agree to be legally bound by the terms and conditions set forth or referenced below in this Agreement. If you do not agree to these terms, do not use the Service.
   
2. Changes to Agreement
   BookTree reserves the right, from time to time, with or without notice to you, to make changes to this Agreement in our sole and absolute discretion. The most current version of this Agreement can be viewed by clicking “View Service Agreement” from your main account page.
   
3. Eligibility
   The Service is available to families with a child enrolled at a participating school, a parent employed at a participating company or through a participating location that is available to the general public. The participating school, company or general public location is referred to as a “Location” in this Agreement.
   
4. Managing Your Password and Account
   You are solely responsible for managing your member login e-mail and password and for keeping your password confidential. If you have forgotten your password, select the “Member Sign In & Registration” button at the top of the pages of the BookTree website and follow the instructions for “Forgot Your Password”. You are solely responsible for all use of your login, whether authorized by you or not. You agree to immediately notify BookTree of any unauthorized use of your login.
   
5. Free Trial
   BookTree offers a one month free trial of the service to first-time customers. Only one free trial may be redeemed per household. This offer allows you to receive a tote of books for one child during the next service delivery at the Location at no charge. You and your child have approximately one-month to read and reread the books, returning them to the Location by the deadline specified in the schedule. You must have Internet access and a valid credit card (MasterCard or VISA) to redeem a free trial offer. Upon registering for your free trial, your credit card will be authorized for approximately one month of service. No charges will be applied to your credit card unless you do not cancel prior to the end of the free trial period.
   
6. Billing and Fees
   By using the Service, you expressly agree that BookTree is permitted to bill you a monthly subscription fee and any other charges you may incur in connection with your use of the Service. Additional charges may include book replacement fees for lost or damaged books. BookTree will automatically charge your credit card (MasterCard or VISA) each month on the calendar day corresponding to the delivery of book totes to the Location. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. BookTree may change the fees and charges in effect, or add new fees and charges from time to time, and will notify you in advance of these changes by e-mail. For the first child enrolled, the subscription fee is $28.95 per month. There is a 20% discount for each additional subscription to the same family (e.g., siblings, extra totes). Tax is included.
   
7. Cancellation of Service
   You may cancel your subscription to the Service at any time, and cancellation will be effective immediately if it is at least three days prior to the next scheduled book delivery at the Location. If within three days, then cancellation will become effective the day after the book delivery. Once service has been cancelled, you must return the books by the next scheduled book return deadline for the Location. To cancel your membership: log in to your account, select “Membership Status”, and click on “Cancel Subscription”.
   
8. Automatic Renewals
   Your BookTree subscription will be automatically renewed on a monthly basis, and your credit card will be charged as noted in Item 6: Billing. You may place your subscription on hold for one or more months, up to six months in advance, to avoid receiving books those months. You will not be charged for any month in which the subscription is on hold. To put your subscription on hold: log in to your account, select “Membership Status”, and click on “Place Subscription on Hold”. To permanently stop the automatic renewals, you must cancel your membership per Item 7: Cancellation of Service.
   
9. Schedule
   For each Location, there is a monthly schedule which specifies the dates and times by which book totes must be returned and the dates and times when new totes are available. To access this schedule, log in to your account and select “Location and Schedule for Book Pickup/Return”.
   
10. Book Pick-up
    It is your responsibility to pick up the book tote for each subscribed child from the Location for which you are currently subscribed. Your responsibility for the books begins with the pick-up.
    
11. Book Return
    All 10 books for each tote must be returned in the supplied BookTree tote bag on or before the return deadline specified for the Location. Your responsibility for the books ends with the return of the books and tote bag to the Location. If you miss the book return deadline for any reason, a new tote of books may not be available for pick-up that month.
    
12. Lost Books
    A book is considered lost if it has not been returned within 75 days after it was released to you, at which time BookTree will alert you of the lost book via e-mail. If the book has not been returned by the 90th day, a $15 book replacement fee will be charged to your credit card.
    
13. Damaged Books
    BookTree will repair books at no charge. If a book is damaged beyond repair (e.g., page has been torn out and lost or permanent marks obscure text or illustration), and the damage occurred after you picked the book up and prior to your return of the book, you will be notified within 45 days of the book’s return and charged a $15 book replacement fee.
    
14. Termination
    BookTree reserves the right to terminate or restrict your use of the Service, without notice, for any reason or for no reason whatsoever.
    
15. Privacy
    BookTree takes the privacy of your personal information very seriously and will not rent or sell your personally identifiable information or a list of our customers to third parties. BookTree collects only personal information that is necessary for internal business purposes, and BookTree takes reasonable measures to protect this information. BookTree may share information with administrators from the Location when necessary to provide the Service adequately, and to prevent false customer registrations. BookTree communicates with customers on a regular basis via email and phone to provide customer service, send monthly book pick-up/return e-mail reminders, send information about important changes to the Service, and to send notices and other disclosures required by law. Generally, customers cannot opt out of these communications which are primarily informational in nature rather than promotional.
    
16. Intellectual Property
    BookTree owns all right, title and interest in and to the Service, and all materials and content provided in connection with the Service, including, without limitation, the compilation (meaning the collection, arrangement and assembly) of books, programs, methods, techniques and processes incorporated into the Service, and all written materials, website content, software, design, text, book lists, photographs, illustrations, artwork and other graphic materials, and the names, logos, trademarks and service marks (the “Content”). The Content is the exclusive property of BookTree or its licensors and is protected by copyright, trademark and other intellectual property laws. Unauthorized use of the BookTree Content may violate these laws, and is strictly prohibited. No right, title or interest in any of the Content is transferred to you as a result of your use of the Service. BookTree reserves all rights not expressly granted in and to the Service and the Content. The Content is intended solely for your personal, noncommercial use. Any use of robots or similar data mining, gathering or extraction tools is prohibited, as is any collection of the Content or any Service offerings. You may not use the Service or the Content for any resale or commercial purpose, nor may you publish or use the Content on any Web site or in any computer environment for any purpose. You agree not to sell, exploit, copy, reproduce, duplicate, modify, create derivative works from, display, publish, perform, disclose, distribute, disseminate, broadcast or circulate the Content or the Service, or any part thereof, without the express prior written consent of BookTree.
    
17. Indemnity
    You agree to indemnify and hold harmless BookTree and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, damages, liability and expenses, including, without limitation, all reasonable attorney fees and costs arising from or relating to (a) your breach of this Agreement; and (b) your use of the Service.
    
18. Disclaimer of Warranties
    BookTree provides the Service on an “as is” basis and on an “as available” basis, and makes no representations or warranties of any kind with respect to the Service. To the full extent permissible by applicable law, BookTree disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
    
19. Limitation of Liability
    Under no circumstances shall BookTree be liable for any damages of any kind related to your use of the Service, including, without limitation, direct, indirect, special, incidental, consequential and punitive damages. Certain states 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, exclusions or limitations may not apply to you, and you may have additional rights.
    
20. General
    This Agreement shall be governed by and construed in accordance with the laws of the state of California, U.S. No failure or delay by BookTree in exercising any right, power or privilege under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision, all of which will remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. This Agreement represents the entire understanding of the parties regarding its subject matter, and supersedes all prior agreements and understandings between the parties regarding its subject matter.