Terms of Use

Effective Date: August 19, 2019

Welcome to this website (this "Website") hosted by Porchlight Book Company (“PLBC”), f/k/a as 800-CEO- Read. Your access to and use of this Website is subject to terms and conditions of use described below (hereinafter “Terms of Use”).  All pages within this Website and any information, material, content, products or services made available on or through this Website are subject to these Terms of Use. So, please read these Terms of Use carefully before accessing or using this Website, so that you fully understand your rights and responsibilities. Your use of this Website indicates your agreement to be bound by these Terms of Use. 

If you do not agree to the following Terms of Use, do not access or use this Website

PLBC reserves the right to modify or amend these Terms of Use at any time. All changes will be effective immediately upon their posting on this Website.  If we make a material change to these Terms of Use, we will endeavor to notify you of that change via email, if we have your email address on file. By accessing the Website after any changes to these Terms of Use, you agree to all such changes.

You may visit portions of this Website as a visitor without signing up to receive, purchase or participate in any products and services (“Products and Services”), subject to these Terms of Use.  Your participation, receipt and purchase of any Products and Services from PLBC are entirely voluntary. 

Should you choose to sign up for an account with PLBC or choose to sign up to receive, purchase, or participate in any Products and Services, you will opt-in to receiving communications from PLBC, and you will also be subject to any additional services terms to which you have agreed or which are otherwise posted on this Website, all of which are expressly made a part of these Terms of Use and your agreement with PLBC. 

License and Restrictions

You are granted a limited right to access and use this Website solely for personal use. This right does not include the right to download (except for page caching), modify, reproduce, or resell any part of the Website's content; use any robot, spider, data miner, or other automated or semi-automated means to extract or gather data from the Website; or otherwise use this Website or any of its content in any manner other than the manner in which it is intended to be used, unless you first obtain PLBC’s express written consent.  You may not use this Website or its content or the Products and Services for any purpose prohibited or restricted by law.

Termination of Use

PLBC may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of this Website, including any account hereon, without notice, for any reason in PLBC’s sole discretion, including, without limitation, violation of these Terms of Use or PLBC's belief that your use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, PLBC, another user, or any third party.

Pricing

The pricing you see on each book page is for Non-Returnable books.  Returnable books can be purchased at a lesser discount by calling and arranging with a PLBC client services associate.  The prices for items on this Website are subject to change.  It is possible for the price of an item to change between the time you add it to your shopping cart and the time you check out. Occasionally, an item may be mispriced on the Website. In that case, the mispriced item would appear at the incorrect price even upon checkout. If the correct price of an item is higher than the price shown on the Website or at checkout, PLBC may, in its sole discretion, do any one of the following: (1) contact you before shipping the item to notify you of the correct price and receive instructions from you as to whether you want to purchase the item at the correct price; (2) cancel the order and notify you of the cancellation; or (3) ship the item to you at the incorrect price. No contract will have been formed between you and PLBC until PLBC has charged your credit or debit card, or processed another method of payment.

Product Descriptions

PLBC attempts to make the descriptions of its products as accurate as possible. However, PLBC does not warrant that the descriptions or other content on this Website are accurate, reliable, complete, or current. If you receive an item from PLBC that is not as it was described on the Website, your sole remedy (and PLBC’s sole liability) is to return it in its unused and original form (i.e., without damage) for a refund.

Risk of Loss
The risk of loss and title for all items purchased from this Website passes to you upon delivery of the item to the carrier.

RETURNS AND REFUNDS

Returnable and Non-Returnable Books

Books ordered as Non-Returnable copies may not be returned, unless we made a mistake. See the subsection below entitled “Mistakes.” 

If you order Returnable copies, our goal is to make returns as easy as possible for you. PLBC will refund the full cost of your Returnable book purchase minus the shipping within 30 days after you return to us the Returnable book. Please note that Returnable books must be returned in their original condition, with no writing or other damage.

Be sure not to open any software included as part of a book until you are sure you will keep the book. We cannot take returns on books (even if we made a mistake) if the seal on any included software is broken.

Mistakes

You may return any type of book (Returnable or Non-Returnable) because of a mistake we made—for example, if we mailed you the wrong book or it is damaged when you receive it.  If this occurs, please call 800-236-7323 and one of our client services associates will correct this immediately and provide you with a Return Number. When we receive your return at the “Address for Returns” noted below, we will promptly credit your account for the full cost of the book purchase and shipping.

Address for Returns

For any returns described above, please mail your return to:

Porchlight Book Company Returns Department
544 S. 1st Street
Milwaukee, Wisconsin 53204

 

Your Account

If you register for an account with PLBC on this Website, you are responsible for maintaining the confidentiality of your username and password. You agree to accept full responsibility for all activities that take place under your username.  If you elect to make a purchase, you will be asked to provide information including your name, billing address, email address, and credit card information.  You are responsible to ensure that your personal information and other data you submit to us is true, accurate and up to date, at all times.

Children's Privacy

Our Products and Services are marketed for and directed towards purchase by adults. Individuals under the age of 18 ("Minors") are not permitted to use this Website without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to share personal information on our Website. Should we learn that someone under the age of 13 has provided any personal information to or on this Website, we will remove that information as soon as possible after we are notified.

Privacy

By accessing and using this Website, you agree to the terms of the PLBC Privacy Policy, which are incorporated into these Terms of Use by reference. You are also expressly agreeing and consenting to the collection and use of your personal information and other data as set forth in (and more fully described in) the PLBC Privacy Policy.

Trademarks

PLBC, or third parties from whom PLBC has permission, own the trademarks and service marks that are used on this Website. All rights are reserved by PLBC and said third parties, and no implied rights are granted to you or any other third parties. These and other graphics, logos, service marks, trademarks, and trade dress of PLBC and its licensors may not be used without prior written consent of PLBC or its licensor, as the case may be. Without limiting the foregoing, no PLBC trademark or trade dress may be used in connection with any product or service that is not PLBC's, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits PLBC.

Copyright and Other Proprietary Rights

All proprietary content and materials on this Website including, without limitation, this Website's layout, organization, and design, and any graphics, text, icons, audio, video, and the like are protected by copyrights, trademarks, service marks, trade secrets, and other proprietary rights and laws. You agree to comply with all applicable laws by not copying or using this proprietary content, except as allowed by these Terms of Use or by written consent of the owner of the proprietary rights.

You grant PLBC a perpetual, royalty-free, irrevocable, sub-licensable, assignable, and transferable license to any feedback, submissions, ideas, concepts, know-how or techniques that you submit to this Website or otherwise choose to share with PLBC through other communication channels for any purpose (including without limitation commercialization) and without compensation to you, subject only to PLBC’s Privacy Policy.

Digital Millennium Copyright Act

If you have reason to believe that material on this Website infringes your copyright, please send a notice by mail or email to PLBC's Copyright Agent requesting that the infringing material be removed. The notice must contain the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright;
2. A description of the work claimed to have been infringed, or a representative list of such works if the notice is intended to cover multiple works on the Website;
3. Identification of the allegedly infringing material and where the material is located on the Website;
4. Your contact information, including your name, address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement 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 the exclusive right that has allegedly been infringed.

PLBC's Copyright Agent for notice of claims of copyright infringement on its site is:

Copyright Agent

544 S. 1st Street

Milwaukee, WI 53204

E-mail:  shawn@porchlightbooks.com

Tel: 1-800-236-7323, Extension 116

Third-Party Sites

This Website may contain links to other unrelated websites on the Internet. PLBC is not responsible for the content, accuracy, copyright compliance, decency standards, or other materials on such sites. These Terms of Use do not apply to such unrelated websites and you should review the privacy policy and terms of use for any website that you visit. PLBC makes no representations or warranties regarding the security of any information you make available to such websites. PLBC is not liable for any loss or damages incurred as the result of your business dealings with such third parties.

Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE AND ALL CONTENT, PRODUCTS AND SERVICES, AND MERCHANDISE MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED BY PLBC ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT.  Neither PLBC, its affiliates, any third party supplier nor their respective officers, directors, employees or agents are responsible or liable to you under any theory of liability or indemnity in connection with or related to: (i) your access or use of this Website or any of its content, or (ii) any Products and Services or merchandise.

FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, PLBC WILL NOT BE LIABLE FOR LOST PROFITS OR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, RESULTING FROM YOUR USE OF THIS WEBSITE OR ANY OF ITS CONTENT, ANY PRODUCTS AND SERVICES, OR MERCHANDISE PURCHASED THROUGH THIS WEBSITE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS WEBSITE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA OR DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT. PLBC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES SHALL PLBC’S AGGREGATE LIABILITY TO YOU EXCEED TEN DOLLARS ($10). 

SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE EXCLUSIONS AND LIMITATIONS ABOVE MAY NOT APPLY.

Indemnification
You agree to indemnify, defend and hold harmless PLBC, its officers, representatives, directors, employees, consultants, third party suppliers, and agents from any and all losses, expenses, third-party claims, liabilities, damages, and costs (including without limitation attorneys’ fees) arising from or related to your use of this Website, your use of any material, information or data downloaded or otherwise obtained from this Website, any Products and Services or merchandise obtained from this Website, or your violation of these Terms of Use, including without limitation, your infringement of any intellectual property or other right of PLBC or any other person or entity.

Interpretation and Disputes

These Terms of Use are governed by the laws of the United States and the State of Wisconsin, without regard to any conflict of laws provisions.  Venue shall be proper exclusively in Milwaukee County, Wisconsin with respect to any dispute arising under these Terms of Use, unless otherwise specifically agreed in writing by PLBC in its sole discretion.  In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs.  If any provision of these Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid.  Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of these Terms of Use shall be interpreted and read to give them maximum enforceability.  Any cause of action or claim with respect to this Website must be commenced within one (1) year after the action or claim arises.

Entire Agreement

These Terms of Use and the PLBC Privacy Policy constitute the entire agreement between you and PLBC relating to this Website, the Products and Services, and any content and materials obtained through the Website, and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by PLBC.  These Terms of Use will inure to the benefit of PLBC's successors and assigns.

Electronic Communications

You acknowledge that these Terms of Use are a valid and binding agreement.  To the fullest extent permitted by law, you agree that these Terms of Use and any other documentation, agreements, notices or communications between you and PLBC may be provided to you electronically.  Please print a copy of all such documentation, agreements, notices or other communications for your reference.

Contacting Us

If you have any other questions or concerns regarding these Terms of Use, this Website or our Products and Service, please contact us at: 544 S. 1st Street, Milwaukee, WI 53204, United States.

© PLBC.  All rights reserved.

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