Terms of Service

Table of Contents

  1. 1. AGREEMENT TO TERMS
  2. 2. INTELLECTUAL PROPERTY RIGHTS
  3. 3. USER REPRESENTATIONS
  4. 4. USER REGISTRATION
  5. 5. PRODUCTS
  6. 6. PURCHASES AND PAYMENT
  7. 7. RETURN POLICY
  8. 8. PROHIBITED ACTIVITIES
  9. 9. USER GENERATED CONTRIBUTIONS
  10. 10. CONTRIBUTION LICENSE
  11. 11. GUIDELINES FOR REVIEWS
  12. 12. SUBMISSIONS
  13. 13. ADVERTISERS
  14. 14. SITE MANAGEMENT
  15. 15. PRIVACY POLICY
  16. 16. COPYRIGHT INFRINGEMENTS
  17. 17. TERM AND TERMINATION
  18. 18. MODIFICATIONS AND INTERRUPTIONS
  19. 19. GOVERNING LAW
  20. 20. DISPUTE RESOLUTION
  21. 21. CORRECTIONS
  22. 22. DISCLAIMER
  23. 23. LIMITATIONS OF LIABILITY
  24. 24. INDEMNIFICATION
  25. 25. USER DATA
  26. 26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
  27. 27. MISCELLANEOUS
  28. 28. CONTACT US

1. AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and The Book Company Inc (“Company,” “we,” “us,” or “our”), concerning your access to and use of the https://manualrepair.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered in the United States and have our registered office at 1095 Evergreen Cir, The Woodlands, TX 77380, USA. You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use.

If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and must discontinue use immediately. Supplemental terms and conditions or documents posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date, and you waive any right to receive specific notice of each such change. Please ensure you check the applicable Terms every time you use the Site so you understand which Terms apply. Your continued use of the Site after changes are posted means you accept those changes.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement. Accordingly, those who access the Site from other locations do so on their own initiative and are responsible for compliance with local laws. All users who are minors in their jurisdiction (usually under age 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site, including all source code, databases, software, website designs, audio, video, text, photographs, and graphics (the “Content”), and trademarks, service marks, and logos contained therein (the “Marks”), are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws. The Content and the Marks are provided “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the Site or Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited without our prior written permission. You are granted a limited license to access and use the Site for personal, non-commercial use only. We reserve all rights not expressly granted.

3. USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity to enter into these Terms; (2) you are not a minor, or you have received parental consent; (3) you will not access the Site through automated or non-human means; (4) you will not use the Site for illegal or unauthorized purposes; and (5) your use of the Site does not violate any applicable law or regulation. If you provide false or incomplete information, we may suspend or terminate your account and refuse current or future use of the Site.

4. USER REGISTRATION

You may be required to register with the Site. You agree to keep your password confidential and are responsible for all use of your account. We may remove or change your username if we determine it is inappropriate, obscene, or otherwise objectionable.

5. PRODUCTS

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.

6. PURCHASES AND PAYMENT

We accept the following forms of payment: Visa, Mastercard, PayPal. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added as required. We may change prices at any time. All payments shall be in U.S. dollars or the local currency available on the Site.

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider. We reserve the right to correct errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Site and may limit or cancel quantities purchased per person, per household, or per order.

7. RETURN POLICY

All sales are subject to our Refund and Returns Policy. Our refund and returns policy lasts 15 days. If 15 days have passed since your purchase, we cannot offer you a full refund or exchange. To be eligible for a return, your item must be unused and in the same condition that you received it. Certain types of goods, including downloadable digital products, are non-refundable once accessed or downloaded. Please refer to the full Refund Policy on our website.

8. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make it available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create a collection, compilation, database, or directory without written permission from us.
  • Trick, defraud, or mislead us and other users.
  • Circumvent or disable security features of the Site.
  • Use the Site to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in violation of any applicable law or regulation.
  • Engage in unauthorized framing or linking to the Site.
  • Upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site.
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar tools.
  • Attempt to impersonate another user or use the username of another user.
  • Sell or otherwise transfer your profile.
  • Use any information obtained from the Site to harass, abuse, or harm another person.
  • Use the Site for advertising or offering to sell goods and services.

9. USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us and others to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  • You have the written consent of each identifiable individual person in your Contributions to use the name or likeness of each such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable.
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law or regulation.
  • Your Contributions do not violate the privacy or publicity rights of any third party.

10. CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works or incorporate into other works. This includes the use of your name, company name, and any trademarks or service marks you provide.

You waive all moral rights in your Contributions and warrant that moral rights have not otherwise been asserted. We do not assert ownership over your Contributions; you retain full ownership of all intellectual property rights in your Contributions. We have the right, at our sole discretion, to edit, redact, or otherwise change any Contributions, and to recategorize or pre-screen or delete any Contributions at any time for any reason without notice. We have no obligation to monitor your Contributions.

11. GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  • You should have firsthand experience with the person/entity being reviewed.
  • Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language.
  • Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
  • Your reviews should not contain references to illegal activity.
  • You should not be affiliated with competitors if posting negative reviews.
  • You should not make any conclusions as to the legality of conduct.
  • You may not post any false or misleading statements.
  • You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews at our sole discretion. We are under no obligation to screen or delete reviews, even if someone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not represent our opinions. We assume no liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute all content related to the review.

12. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the marketplace offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive all moral rights to such Submissions, and you warrant that any such Submissions are original with you or that you have the right to submit them. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

13. ADVERTISERS

We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you are fully responsible for any advertisements placed on the Site and any services provided on the Site or products sold through those advertisements. As an advertiser, you represent and warrant that you possess all rights and authority to place advertisements on the Site, including intellectual property rights, publicity rights, and contractual rights. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

14. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

  • Monitor the Site for violations of these Terms of Use;
  • Take legal action against anyone who violates the law or these Terms of Use;
  • Refuse, restrict access to, limit availability of, or disable any of your Contributions or any portion thereof;
  • Remove excessive or burdensome files or content from our systems;
  • Otherwise manage the Site in a manner designed to protect our rights and facilitate proper functioning of the Site.

15. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Site or the marketplace offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised that the Site and the marketplace offerings are operated in the United States. If you access the Site from outside the United States, you agree to have your data transferred to and processed in the United States, and you expressly consent to this transfer and processing under U.S. laws.

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please notify us immediately using the contact information provided below (“Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that, under applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Therefore, if you are unsure whether material on the Site infringes your copyright, you should consider first contacting an attorney.

17. TERM AND TERMINATION

These Terms of Use remain in full force and effect while you use the Site. We reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Site (including blocking certain IP addresses) to any person for any reason or no reason, including without limitation for breach of any representation, warranty, or covenant in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Site or delete your account and any content or information you posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name or a borrowed name. We also reserve the right to take legal action, including pursuing civil, criminal, and injunctive remedies.

18. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the marketplace offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or offerings.

We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during downtime or discontinuance. Nothing in these Terms obligates us to maintain or support the Site or to provide corrections, updates, or releases.

19. GOVERNING LAW

These Terms are governed by and defined following the laws of the United States, and you irrevocably consent to the exclusive jurisdiction of the courts in Texas to resolve any dispute that may arise in connection with these Terms.

20. DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a “Dispute” and collectively, the “Disputes”), the parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Informal negotiations begin upon written notice from one party to the other.

Binding Arbitration

Any dispute arising out of or relating to these Terms shall be referred to and finally resolved by binding arbitration under the rules of the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146). The number of arbitrators shall be five. The seat, or legal place, of arbitration shall be Brussels. The language of the proceedings shall be English. The governing law shall be the substantive law of the European Union.

Restrictions

The parties agree that any arbitration shall be limited to the Dispute between the parties individually. To the full extent permitted by law: (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or other persons.

Exceptions

The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found illegal or unenforceable, neither party will elect to arbitrate Disputes falling within that portion and such Disputes shall be decided by a court of competent jurisdiction within the courts listed above, and the parties consent to the personal jurisdiction of that court.

21. CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time without prior notice.

22. DISCLAIMER

THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

23. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL 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 OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

24. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms; (4) any breach of your representations and warranties in these Terms; (5) your violation of the rights of a third party, including intellectual property rights; or (6) any overt harmful act toward another user of the Site with whom you connected. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. We will make reasonable efforts to notify you of any such claim upon becoming aware of it.

25. USER DATA

We will maintain certain data you transmit to the Site to manage the performance of the Site, as well as data relating to your use of the Site. Although we perform regular backups, you are solely responsible for all data you transmit or that relates to any activity you undertake using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you waive any right of action against us arising from any such loss or corruption.

26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You waive any rights or requirements under any laws that require an original signature, or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

27. MISCELLANEOUS

These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision is deemed severable from these Terms and does not affect the validity or enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them. You waive any defenses you may have based on the electronic form of these Terms and the lack of signing by the parties to execute these Terms.

28. CONTACT US

To resolve a complaint or request further information regarding the Site, please contact us at:

The Book Company Inc
1095 Evergreen Cir
The Woodlands, TX 77380, USA
Email: support@manualrepair.com