Terms and Conditions
Welcome to BookGorilla. BookGorilla and/or its affiliates (BookGorilla) provide website features and other services to you when you visit our website at http://www.BookGorilla.com (the "Site") or open our emails or mobile applications. BookGorilla provides these website features and other services subject to the following conditions.
By using BookGorilla, you agree to these conditions. Please read them carefully.
Please read the following Terms and Conditions carefully. By using the services, you acknowledge that you have read these terms and understand them, that you agree to be bound by them, and that you are at least 18 years old. If you do not agree to any of the Terms below, we do not grant you access to the Site or use of the Services.
Please review our Privacy Notice, which also governs your use of BookGorilla, to understand our practices.
When you use BookGorilla, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the BookGorilla site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through BookGorilla, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of BookGorilla or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any BookGorilla service is the exclusive property of BookGorilla and protected by U.S. and international copyright laws.
All graphics, logos, page headers, button icons, scripts, and service names included in or made available through any BookGorilla service are trademarks or trade dress of BookGorilla in the U.S. and other countries. BookGorilla's trademarks and trade dress may not be used in connection with any product or service that is not BookGorilla's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BookGorilla. All other trademarks not owned by BookGorilla that appear in any BookGorilla service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BookGorilla.
LICENSE AND ACCESS
Subject to your compliance with these Conditions and your payment of any applicable fees, BookGorilla or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of BookGorilla. This license does not include any resale or commercial use of any BookGorilla Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any BookGorilla Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by BookGorilla or its licensors, suppliers, publishers, rightsholders, or other content providers. No BookGorilla Service, nor any part of any BookGorilla Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BookGorilla. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BookGorilla without express written consent. You may not use any meta tags or any other "hidden text" utilizing BookGorilla's name or trademarks without the express written consent of BookGorilla. You may not misuse the BookGorilla Services. You may use the BookGorilla Services only as permitted by law. The licenses granted by BookGorilla terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any BookGorilla Service, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. BookGorilla does recommend products for children, but it recommends them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the BookGorilla Services only with involvement of a parent or guardian.
RISK OF LOSS
All items purchased from retailers and other businesses or persons based on BookGorilla recommendations are made directly from those retailers and other businesses or persons. BookGorilla is not a party to such transactions and may not be held liable for price changes, delivery failures, or any problems with any purchased item.
BookGorilla regularly provides information on items that are available at prices that have been set at promotional levels either temporarily or indefinitely. BookGorilla always checks prices before providing this information to you, but is not responsible for price changes which may occur at any time, or for different prices that may be set in different nations or geographical regions. We cannot confirm the price of any item that you may order from a retailer or other business or person, and it is solely your responsibility to verify pricing and any other necessary information before you place an order.
Parties other than BookGorilla operate stores, provide services, or sell product lines which are recommended or promoted on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. BookGorilla does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
BookGorilla and all information, content, materials, products and other services included on or otherwise made available to you through BookGorilla are provided by BookGorilla on an "as is" and "as available" basis, unless otherwise specified in writing. BookGorilla makes no representations or warranties of any kind, express or implied, as to the operation of BookGorilla, or the information, content, materials, products or other services included on or otherwise made available to you through BookGorilla, unless otherwise specified in writing. You expressly agree that your use of BookGorilla is at your sole risk.
To the full extent permissible by applicable law, BookGorilla disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BookGorilla does not warrant that the BookGorilla services, information, content, materials, products (including software) or other services included on or otherwise made available to you through BookGorilla, BookGorilla's servers or electronic communications sent from BookGorilla are free of viruses or other harmful components. BookGorilla will not be liable for any damages of any kind arising from the use of any BookGorilla service, or from any information, content, materials, products or other services included on or otherwise made available to you through BookGorilla, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Certain state laws 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 might have additional rights.
Any dispute or claim relating in any way to your use of any BookGorilla Service, or to any products or services sold or distributed by BookGorilla will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Windwalker Media, 350 Massachusetts Avenue #152, Arlington, MA 02474. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.
By using any BookGorilla Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BookGorilla.
SITE MODIFICATION AND SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
c/o Windwalker Media
350 Massachusetts Avenue #152
Arlington, MA 02474