Terms and Conditions

Welcome to the JitterBook website (the "Site").

The terms and conditions stated below, along with the policies and guidelines located throughout the Site (collectively, the "Terms of Use"), identify what users of the Site (each a "User") can expect from JitterBook Providers (as defined below) and the Site and what we expect from Users. By visiting or viewing any area of the Site, or making a purchase or other transaction via the Site or using any other feature of the Site, a User is deemed to have accepted the Terms of Use.

I. ONLINE CONDUCT

User agrees to use the Site only for lawful purposes in accordance with these Terms of Use.

JitterBook may disclose any electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of JitterBook, JitterBook’s affiliates and their respective officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, " JitterBook Providers"), or any other User.

JitterBook reserves the right to prohibit or restrict conduct or communication that JitterBook deems in its sole discretion to be harmful to any User, JitterBook Provider, the Site, or any third party, or to violate any applicable law.

II. LICENSES AND RESTRICTIONS

JitterBook grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (except to the extent User has a business relationship with JitterBook) of the Site.

JitterBook further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the home page of Site so long as the link does not portray JitterBook, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.

The foregoing licenses do not include any rights to:

modify, download (other than page caching), reproduce, copy, or resell the Site, the Content (as defined below) or any portion or derivative thereof;
commercially use the Site, the Content or any portion or derivative thereof (except to the extent User has a business relationship with JitterBook);
copy or download any User's account information for the benefit of any third party;
enable high volume, automated, electronic processes that apply to the Site or its systems;
use any robot, spider, data miner, scraper or other automated means to access the Site or its systems for any purpose;
interfere or attempt to interfere with the proper working of the Site or others’ use and enjoyment of the Site;
bypass any JitterBook measures used to prevent or restrict access to any portion of the Site;
frame or utilize framing techniques to enclose any Content, trademark, logo, or other proprietary information (including images, text, page layout, or form) of JitterBook;
use JitterBook’s name, trademarks, services marks, or logos in any meta tags, advertising keywords, or any other "hidden text;" or
compile, repackage, disseminate, or otherwise extract data from the Site.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require JitterBook’s express written consent (which may include a written agreement signed by an authorized representative of JitterBook). Any unauthorized use of the Site, the Content, or any portion or derivative thereof shall terminate any license or permission granted by JitterBook.

III. TRADEMARKS

"JitterBook" and all other trademarks or service marks appearing on the Site are trademarks of JitterBook or its licensor. All rights are reserved. These and other intellectual property of JitterBook and its licensors used on the Site may not be used without prior written consent of JitterBook or its licensor, as the case may be. Without limiting the foregoing, no JitterBook trademark or trade dress may be used in connection with any product or service that is not JitterBook’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits JitterBook.

IV. CONTENT

"Content" is defined as any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material posted on the Site.

User acknowledges that the Site contains Content that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and JitterBook owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright or other proprietary right without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

V. EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act -- and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws and regulations.

VI. PRICES

The price for an item on the Site may differ from the price shown in a User's shopping cart -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Site. If the price for such an item on the Site is incorrect as shown and the actual price is higher than the price shown at the time of purchase, then, at its sole discretion, JitterBook may either (i) contact the User for instructions before shipping the item or charging the User for the item; (ii) cancel the order for the item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.

Please note that this policy regarding prices applies only to items sold and shipped by JitterBook.

VII. RISK OF LOSS

The risk of loss and title for all items purchased via the Site pass to the User upon delivery of the item to the shipping carrier.

VIII. PRODUCT DESCRIPTION

The items offered for sale on the Site contain descriptions that are provided directly by the publisher, manufacturer, or distributor of such item. JitterBook does not represent or warrant that the description of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM JITTERBOOK THAT IS NOT IS NOT AS DESCRIBED ON THE SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN THE ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.

IX. AGE OF USERS

JitterBook does not intend the Site to be used by any individual under the age of 13 (a "Minor") without the supervision of a parent or guardian 13 years of age or older (a "Guardian"). JitterBook relies upon Guardians to determine if any Content or items available on the Site are appropriate for the viewing, access, or purchase by such Minors. If a User is a Minor, such Minor may use the Site only under the supervision and written permission of a Guardian.

If user is under 13 years old user cannot provide JitterBook with any personal information, including email, user’s address and name. JitterBook adheres to the Children’s Online Privacy Protection Act of 1998, which prohibits the collection of any information from any Minor under the age of 13. Minor’s under the age of 13 must have their parents or legal guardian submit written permission allowing the collection of information to JitterBook before proceeding to fill out any form. By filling in any form on JitterBook, user acknowledges that they are 14 years of age or older.



X. TERMINATION OF USAGE

JitterBook may issue a warning, temporarily suspend, indefinitely suspend, or terminate any User's right to use or access all or any part of the Site, including any account thereon, without notice, for any reason in JitterBook’s sole discretion, including without limitation JitterBook’s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, JitterBook, any JitterBook Provider or another User.

XI. REPRESENTATIONS AND WARRANTIES

User represents and warrants to JitterBook that: (i) User has the full power and authority to enter into and perform User’s obligations under these Terms of Use; (ii) User’s assent to and performance of User’s obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which User is bound, or any applicable laws, regulations, or rules; (iii) these Terms of Use constitute legal, valid, binding, and enforceable obligations on User; (iv) User’s use of the Site will not infringe the patent, copyright, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party; and (v) User will comply with all applicable laws, rules, and regulations in User’s use of the Site.

XII. INDEMNITY

User agrees to indemnify and hold each JitterBook Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's breach of the Terms of Use or User's use of the Site in a manner that violates any law or the rights of a third party.

XIII. PASSWORD AND ACCOUNT SECURITY

Every User that has an account on the Site is responsible for (i) keeping his or her account password confidential and secured, (ii) restricting access to such User's computer; and (iii) keeping the e-mail address associated with that account current. User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her JitterBook account using an old e-mail address, such User will not receive important messages from JitterBook about his or her orders and inquiries or other matters.

User accepts full responsibility for all activities that occur within such User's JitterBook account.

XIV. NOTICES

User consents to receive electronic communications from JitterBook, whether addressed to the e-mail address associated with such User's JitterBook account or posted on the Site. User acknowledges and agrees that any communication via e-mail or by postings on this Site satisfies any legal requirement that such communication be made in writing and that such communications shall be deemed received upon sending or posting.

XV. DISCLAIMERS AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED BY JITTERBOOK ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH JITTERBOOK PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NO JITTERBOOK PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (i) AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED THEREON; (ii) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE; OR (iv) THAT THE SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF JITTERBOOK ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, OR OTHER HARMFUL COMPONENTS.

JITTERBOOK DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF JITTERBOOK.

UNDER NO CIRCUMSTANCES SHALL ANY JITTERBOOK PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, TERRORISM, FIRE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO JITTERBOOK’S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE.

NO JITTERBOOK PROVIDER SHALL ASSUME LIABILITY FOR ANY ACTION OR INACTION WITH RESPECT TO CONDUCT, COMMUNICATION, OR CONTENT OF ANY THIRD PARTY ON THE SITE.

NO JITTERBOOK PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH JITTERBOOK PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JITTERBOOK’S LIABILITY EXCEED THE GREATER OF THE VALUE OF GOODS PURCHASED THROUGH THE SITE BY USER OR $100.

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

XVI. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

XVII. APPLICABLE LAW; JURISDICTION

The Site is created and controlled by JitterBook in the State of California. The laws of the State of California will govern the Terms of Use, without giving effect to any principles that would cause the application of the law of any other State.

Each JitterBook Provider and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within the State of Missouri and waives any objection to the laying of venue of any litigation in said courts.

XVIII. DISPUTE RESOLUTION

For any claim or controversy at law or equity that arises out of the Terms of Use, the Site or any JitterBook service (each a "Claim") where the total amount of the award sought is less than $10,000 (excluding Claims for injunctive or other equitable relief), User or JitterBook may elect to resolve the dispute through binding arbitration conducted by telephone, on-line or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Alternatively, any Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Boone County, Missouri or in the United States county where the defendant is located (in the case of JitterBook, Boone County, Missouri, and in the User's case either in the county of such User's home address or principal place of business, or if such address is not located in the United States, then in Boone County, Missouri).

XIX. ADDITIONAL TERMS AND CONDITIONS

User agrees to comply with any additional policies and guidelines located throughout the Site, including without limitation the following, which are incorporated into these Terms of Use:

Privacy Policy
Buyback Policy

XX. ACKNOWLEDGMENT

By visiting or viewing any area of the Site, making a purchase or other transaction via JitterBook or using any other feature of the Site, a User is deemed to have accepted the Terms of Use. The Terms of Use, including all documents referenced herein, represents the entire understanding between User and JitterBook regarding User's relationship with JitterBook and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms.

XXI. MODIFICATION

Internet technology and the applicable laws, rules and regulations change frequently. Accordingly, JitterBook reserves the right to make changes to the Site, posted policies, and Terms of Use at any time without notice. User’s continued use of the Site constitutes assent to any new or modified provision of these Terms of Use that may be posted on the Site.