We may from time-to-time amend or modify these Terms in our sole discretion by posting the amended Terms to the Website or by emailing you to the email address you provided to us. If you do not agree or consent to our amended or modified Terms, you should not use the Services. Your continued use of the Services will be considered your acceptance of any amended or modified Terms.
Nothing in these Terms will be deemed to confer any third-party rights or benefits. Additional terms may apply to certain Services, and those additional terms will become part of your agreement with us if you use those Services.
If you do not agree to the Entire Agreement, you should not use the Website and/or our Services. If you have any questions or concerns about these Terms, please feel free to contact us at email@example.com.
- Use of the Services You may use our Services only if you are above the age of 18 and have the legal authority to enter into a binding contract. INDIVIDUALS BELOW THE AGE OF 18 ("MINORS") ARE NOT ALLOWED TO CREATE AN ACCOUNT WITHOUT THE EXPRESS PERMISSION OF A LEGAL GUARDIAN OR PARENT. IF YOU BECOME AWARE THAT WE HAVE COLLECTED PERSONAL INFORMATION FROM A MINOR WITHOUT PARENTAL OR LEGAL GUARDIAN CONSENT, PLEASE LET US KNOW BY CONTACTING US AT firstname.lastname@example.org, SO WE CAN TAKE APPROPRIATE ACTION. In no event is use of the Services permitted by those under the age of 13. If you are using the Services on behalf of any entity, then you are agreeing to the Terms on behalf of that entity and will be liable for all actions taken under that account. Wise Acre reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
- Types of Users There are three types of users that can use the Services: Visitors to the Website, Guests, and Account Holders (collectively referred to as, "User(s)").
- Registration and Account Creation By using the Services, you agree to the following: When you register to create an account and use the Services, you agree: (a) to submit a valid e-mail address and password, along with your first and last name to create your account ("Account"); (b) to submit accurate information, including but not limited to your location, phone number, billing and shipping address, and other use content, on your account; (c) to keep confidential, all aspects of your Account including Your user name and password, and content associated with and within it; (d) that you are responsible for any and all uses of your Account, whether or not you've authorized such use; (e) to keep confidential all aspects of other Users' Account information that You may have authorized access to; (f) to immediately notify us in writing of any unauthorized use of your Account; and (g) that you will not use the Services for any unlawful or otherwise prohibited activity. The information required to create an Account may vary depending on the country, region, or type of User.
You hereby represent and warrant that you will indemnify and hold Wise Acre harmless against all claims, actions, allegations, fines, damages, or loss resulting from or arising out of the User Content you provide to us or upload to the Website or Services. Wise Acre takes no responsibility and assumes no liability for any content posted by you or any third party. Further, if you request your information be deleted pursuant to CCPA, we are not responsible or obligated to delete the posts, testimonials, comments, ratings, reviews, and other content or User Content that you've made public on the Website or affiliate websites. It is your responsibility to delete content that you've published and made available to the public online. We will only delete the personal information in our internal systems, services, and with third-party processing.
- Restrictions on User Content We reserve the right to cancel a User Account at any time for any reason in our sole discretion. User Accounts may be cancelled for several reasons, including but not limited to:
- Submitting any unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, or otherwise objectionable User Content or content that violates our policies;
- Any sexually explicit User Content;
- Language or User conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation;
- Posting any unsolicited or unauthorized advertising, "spam," or junk mail, including "chain letters" and "pyramid schemes";
- Submitting any User Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right;
- Uploading a virus or User Content designed to disrupt, limit, or damage any functionality of any computer software, hardware or server;
- If we in Our judgment and sole discretion deem it appropriate; or
- Upon a verified data deletion request.
- Prohibited Activities. Unless you have our express written consent, you cannot, and will not attempt to:
- Use the Services to submit, store, transmit, or process malicious code, worms or viruses;
- Use the Services to submit, store, transmit, or process User Content that is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) libelous or defamatory; (c) fraudulent, tortious, or unlawful; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) infringing of any person's rights, any applicable laws, or your obligations to any third party;
- Use the Services to submit, store, transmit, or process User Content that would give rise to criminal or civil liability or that encourages unlawful activity;
- Use the Services for retail arbitrage or any other commercial and/or reselling purposes; bulk purchasing is available solely for non-profit groups, foundations, and charities who do not re-sell items.
- Gain unauthorized access to the Services, or to our systems or networks;
- Interfere with or disrupt the integrity or performance of the Services, or third-party content contained therein;
- Impersonate any person or entity or misrepresent your affiliation with any person or entity in connection with the Services;
- Reverse engineer, disassemble, or decompile the Services or apply any other process or procedure to derive the source code of any software included in the Services; or
- Unless otherwise provided, remove any copyright, trademark, or other proprietary rights notice from the Services.
- Removal of User Content and Requests. We take the rights of others very seriously. If you have any concerns that User Content is improper or infringing, please contact us at email@example.com and if you would like the User Content removed, please provide us with:
- A detailed description of the objectionable content, including where it is located;
- A statement that you have a good faith belief that the poster does not have permission to use the said objectionable content;
- A statement that you are the owner, or exclusive agent of the owner, of the objectionable content;
- Your contact information, including telephone number and physical address, and;
- A signed and sworn statement, under penalty of perjury, that your statements above are true to your knowledge.
- We will try our best to remove any infringing User Content, but we are under no obligation or responsibility to do so.
- Cancellation, Removal or Suspension of Account
- Without limiting or waiving any of our other rights under these Terms, we may limit, suspend, terminate, modify, or delete your Account or access to the Services if you are, or we suspect that you are, failing to comply with any of these Terms for any actual or suspected illegal or improper use of the Services, with or without notice to you. Additionally, we may limit, suspend, terminate, modify, or delete your Account or access to the Services if we believe that you are infringing our intellectual property rights or third parties', or are acting inconsistently with the letter or spirit of our Terms or any published policies. Data will be removed from all applicable devices when your Account is terminated or deleted, but only as technically feasible and in compliance with applicable laws.
- At any time, you may cancel your Account with us by emailing us at firstname.lastname@example.org or by accessing your Account preferences.
- If there are remaining funds in your Account, we may not be able to delete your data, a portion thereof, or your account. However, you will have the following options: (1) you may use the funds and request deletion again; or (2) you may request a Digital Code to be used after deletion of your personal information. If you choose to use the funds remaining in your account, you will need to request data deletion again after all funds have been used, and only then will we be able to proceed with a deletion request. Please note that Wise Acre is not required to delete any requested data if (1) that information is required to complete a transaction for which the personal information was collected; (2) keeping the personal information is reasonably anticipated within the context of Wise Acre's ongoing business relationship with you; or (3) the request under CCPA is unverifiable.
- At all times, you have the right to remove or change your User Content and some personal information by editing or specifically deleting it through your account. You can edit, modify, and delete your contact information, address, email address, payment information, and date of birth within your account. However, in certain instances, some of your removed or edited User Content or data may not be completely removed, and copies of your User Content or data may continue to exist on the system or Site's server, and other locations belonging to us, including records indicating your deletion request as allowed by applicable data privacy laws. Copies, or meta copies, of User Content and information is solely used for purposes associated with the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content at any time, or any other content that you have made available online, including comments, photos, testimonials, reviews, videos, and ratings.
- Fees and Payment Information
- When using the Services or placing an order with us, you may be required to pay a purchase price associated with the item(s), along with applicable fees and taxes ("Fees").
- If you choose to delete certain data or personal information with us, or if you opt-out-of-sale, we may not be able to process payments, fees, refunds, orders, credits, promotions, or offers with our Third-Party Payment Gateway.
- Intellectual Property and License Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. Except in the context of browsing or accessing our Services in accordance with these Terms, you may not use content from our Services unless you obtain written permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.
- Copyright Protection. All content included in any Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Wise Acre or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site and included in any Service is the exclusive property of Wise Acre and protected by U.S. and international copyright laws. All software used on this site and included in any Service is the property of Wise Acre or its software suppliers and protected by United States and international copyright laws.
- Trademark Protection. Wise Acre and other Services graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Wise Acre in the U.S. and other countries. Wise Acre trademarks and trade dress may not be used in connection with any product or service that is not owned by Wise Acre, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wise Acre. All other trademarks not owned by Wise Acre that appear in connection with Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Wise Acre.
- License and Site Access. Wise Acre grants you a limited license to access and make personal use of the Services and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Wise Acre. This license does not include any resale or commercial use of Services' content; any collection and use of any product listings, descriptions, or prices; any derivative use of Services' content; 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. Services' content or any portion of such content may not be reproduced, duplicated, copied, sold, resold, assigned, sub-licensed visited, or otherwise exploited for any purpose, including commercial purposes, without the express written consent of Wise Acre. 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 Wise Acre without express written consent. You may not use any meta tags or any other "hidden text" utilizing Wise Acre' name or trademarks without the express written consent of Wise Acre. Any unauthorized use terminates the permission or license granted by Wise Acre. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Wise Acre so long as the link does not portray Wise Acre, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Wise Acre logo or other proprietary graphic or trademark as part of the link without express written permission. Violation of this section will constitute a material breach of these Terms and may be grounds for immediate termination and/or cancellation of your Account.
- Returns, Refunds, Exchanges, and Store Credit. We will honor returns and refunds, consistent with our return and refund policies, if we are contacted within 30 days of the date the order was shipped for domestic recipients and 45 days for international recipients. We reserve the right to charge a restocking fee for any return, refund, or exchange that is not the result of our error.
- Returns: Depending on the item, we will accept returns within 30 days of the date the order was shipped to a domestic recipient or 45 days for an international recipient. Restocking fees, handling fees, and return shipping fees may apply. We may refuse to accept a return of certain items, even if we offer you store credit or otherwise refund your purchase. If you receive an incorrect or damaged item, please Contact Us before attempting to return any product, and we will correct the situation, often without the need for you to return any of the incorrect or damaged items.
- Refunds: For certain returns, we will provide you with a partial or full refund for the item(s) purchased, less any restocking fee, shipping, and other applicable fees. In lieu of a refund, we may only offer you store credit or the ability to exchange the item(s).
- Exchanges: If possible, we may offer you the opportunity to exchange your purchased item for another product. However, applicable restocking fees, shipping, taxes and additional fees may apply. Customers are responsible for paying the difference between exchanged items if the value of the new item(s) exceeds the value of the original item(s).
- Store Credit: We do not accept returns, honor exchanges, or provide refunds for:
- Items that were purchased for $20.00 or less;
- Requests that are made after the return/refund/exchange window;
- Items that are no longer desired after purchase; or
- Any Visitor, Guest, or Account Holder that violates these Terms or any other applicable terms or conditions.
- However, if the requested return, exchange, or refund is a result of our error, we may offer you a store credit in an amount equal to all or some part of the original purchase price. The store credit amount will not include any delivery fees, taxes, or handling fees previously paid by you, which are all non-refundable.
Store credit will be applied to your Wise Acre account, not your credit card, debit card, or other payment method. Store credit may only be used for future purchases of products and services on our website. Store credit can only be used for orders associated with your Wise Acre account and cannot be transferred, gifted, or assigned to another person or Wise Acre account. You will be responsible for the payment of any purchase amount that exceeds the value of the store credit.
We reserve the right to refuse to accept a return, issue a refund, or permit an exchange, and to otherwise deny any of the above remedies in our sole discretion at any time. Further, we are unable to accommodate purchase cancellations and address changes after an item has shipped.
If you do not use all of the funds remaining in your account, we may not be able to, and are not legally obligated to, honor your deletion request, pursuant to CCPA § 1798.105 (d) (1). However, you may request a Digital Code in the amount of the remaining funds in your account, to be used after the deletion of your data and account.
- Copyright Complaints and Digital Millennium Copyright Act
- Notice of Copyright Infringement The Digital Millennium Copyright Act (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials on the Services infringes your rights under U.S. copyright law, you may send Wise Acre a notice requesting that the material be removed. The notice must include the following information:
- The signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or the subject of infringing activity, and information that reasonably allows us to locate the material within the Services;
- Your name, address, telephone number, and email address (if available);
- A representation that you have a good faith belief that use of the material in the manner complained of is not authorized by you (the copyright owner), your agent, or the law; and
- A representation that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Please be advised that Wise Acre will not respond to complaints that do not meet the requirements above. If Wise Acre determines that the materials alleged to infringe your rights do not require removal, Wise Acre will remove those materials only pursuant to a court order that declares the content or use of the materials unlawful.
- Counter-Notice you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Counter-notices must include the following information:
- Your name, address, and telephone number;
- A description of the source of the content that was removed;
- A representation under penalty of perjury that you believe that the content was removed in error;
- A representation that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district that Wise Acre chooses, and that you will accept service of process from the person who provided the original complaint; and
- Your signature (physical or electronic is acceptable).
- Updated Requirements Notices and counter-notices with respect to the Services must meet the then-current statutory requirements imposed by the DMCA and should be sent to Wise Acre's designated agent through the address listed below. Please be aware that there can be penalties for false claims under the DMCA.
ATTN: DMCA Designated Agent
Wise Acre Bookstore
18381 W. Southgate Ave
Goodyear, AZ 85338
- Risk of Loss All items purchased from Wise Acre are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- Product Descriptions Wise Acre attempts to be as accurate as possible. However, Wise Acre does not warrant that product descriptions or other content provided through Services is accurate, complete, reliable, current, or error-free. If a product offered by Wise Acre itself is not as described, your sole remedy is to return it, exchange the item, or receive store credit, to be determined our sole discretion.
- Disclaimer of Warranties and Limitation of Liability Wise Acre AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH WISEACRE SERVICES ARE PROVIDED BY WISEACRE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WISEACRE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF WISEACRE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH WISEACRE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF WISEACRE SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WISEACRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WISEACRE DOES NOT WARRANT THAT WISEACRE SERVICES; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH WISEACRE SERVICES; THEIR SERVERS; OR EMAIL SENT FROM WISEACRE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WISEACRE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THRIFTBOOKS SERVICES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH WISEACRE SERVICES, 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.
- Legal Compliance You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Disputes Any dispute relating in any way to your visit to our sites or use of any Service, or to products or services sold or distributed by Wise Acre or through Services in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 will be adjudicated in any state or federal court in Maricopa County, Arizona and you consent to exclusive jurisdiction and venue in such courts.