TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
Welcome to the Shea Swain website and the Shea Swain Bookstore.
The Shea Swain website located at www.SheaSwainWrites.com, its subdomains, affiliate version(s), mobile version(s), and any associated applications are owned and operated by Shea Swain and its affiliates (collectively, "us", "we", "the Site" or "the Company"). By accessing or using the Site, you ("you," "User," "Visitor" or "Customer") signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"), whether you are a Visitor (which means that you simply browse the Site without purchasing) or a Customer (which means that you are a paid user of the Site).
This Agreement sets out the legally binding terms of your use of the Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. Such revisions are effective immediately after we give notice thereof, which we may do by revising the “Date of Last Revision” date of this Agreement or by otherwise posting on the Site, or by email or conventional mail, and/or by any other means that provides reasonable notice. Your use of the Site after such notice is posted confirms your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Site.
It is your responsibility to regularly check the Date of Last Revision of these Terms of Service to determine if there have been changes and to review such changes. You agree that Company shall not be liable to you for any delay or other damages that might result from any changes to the agreement if any.
Use of the Site is intended for visitors ages 18 and up. Pursuant to 47 U.S.C Section 230 (d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that may be deemed harmful to minors.
By agreeing to these terms or by using the Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of these Terms of Service.
This Agreement and any posted revision to this agreement shall remain in full force and effect while you use the Site whether as a Visitor or a paying Customer.
3. PROPRIETARY RIGHTS IN COMPANY CONTENT
The Site contains content created or posted by Company ("Company Content"). Company Content is protected by copyright, trademark, patent, trade secret, and other laws, and Company owns and retains all rights in the Company Content.
Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the Site.
4. PROPRIETARY RIGHTS IN THIRD-PARTY CONTENT
The Site may also contain content created or posted by other Third-Party Companies ("Third-Party Content"). Third-Party Content may be protected by copyright, trademark, patent, trade secret and other laws. The associated third-party retains all such copyright, trademark, patent, trade secret, and other rights associated with their Third-Party Content.
Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Third-Party Content appearing on or through the Site.
5. PROPRIETARY RIGHTS IN SITE CONTENT; LIMITED LICENSE
All content on the Site, including designs, text, graphics, pictures, video, information, applications, software, music, sound, and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission.
Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
Any use of the Site, the Site Content, or Third-Party Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.
6. LINKS TO THIRD-PARTY WEBSITES
Certain links in the Site may connect to other websites maintained by third-parties. The Company has no control over these websites or the information or goods or services provided by such third parties. The Company shall have no liability for any use or reliance of a user on these third-party websites. By using any portion of the Site, you expressly relieve the Company from any and all liability arising from your use or access to any third party websites. The Company shall have the right, but not the obligation, at any time and in its sole discretion, to block links from or to the Site through technological or other means, without prior notice.
7. LINKS, FRAMES, AND METATAGS
You may link to the Site’s home page or any page within Site as long as the link does not cast us in a false or misleading light. You may not frame the content of any of the Site. You may not use metatags or any other "hidden text" that incorporates the Company’s Trademarks or our name without our express written consent.
8. TERMS OF SALE
Products and services may be made available to you by us through the Site. By purchasing any products or services through the Site, you signify that you have read, understand, and agree to be bound by the Terms of Sale in this Agreement in effect at the time of purchase ("Terms of Sale"). These Terms of Sale are subject to change without prior written notice at any time, in Company's sole discretion, and such changes shall apply to any purchases made after such changes are posted on the Site. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on the Site.
Purchase Qualifications; Account Security
To make a purchase on the Site, you must comply with these Terms of Sale (including the Terms of Service). You agree to accept responsibility for all purchases and other activities that occur under your name and/or account. The Site sells products only to those users who can legally make purchases with a credit card. Purchases are only allowed by individuals over the age of 18. We reserve the right to refuse or cancel orders at any time in our sole discretion.
Payment Method and Terms
By submitting an order through the Site, you authorize the Company, or its designated payment processor, to charge the account you specify for the purchase amount. All payments are to be made in United States Dollars. When you provide your credit card number to the Site, you may authorize us to store your credit card number and related payment information.
The Site uses Stripe as a payment provider. You agree to pay for all products you purchase through the Site, and that Shea Swain may charge your chosen payment method for any products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your account. All fees will be billed to the payment method you designate during the checkout process. Billing to your selected payment method occurs at the time of purchase, and you will be bound by that party's terms and conditions, which are available on that party's website. Shea Swain reserves the right to change the payment methods offered at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Site must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Unless otherwise stated, all prices quoted on the Site are in US Dollars.
Shea Swain reserves the right to change prices and availability of products at any time.
Your use of the Site includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR SUCH PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility. These Terms do not confer any rights or remedies upon any person other than you or Shea Swain. You may also have additional rights under applicable law.
Your total price will include the price of the product plus any applicable sales or use taxes in effect on the time of purchase, and based on the location data you provide at the time of check-out. If you are not located in the US, your purchase price will be the full amount of the price posted and failure on Shea Swain's part to invoice you for any applicable sales and use taxes, value added taxes and other taxes does not relieve you of the liability to pay such taxes, and you must pay to the applicable taxing authority any such taxes which may be due as a result of your purchase through the Site.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Shea Swain reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verification or information before accepting any order.
Delivery of Physical Products
Any tangible property purchased through the Site will be shipped FOB Shipping Point within 1-2 business days unless otherwise noted. Title to such products passes from Company to you upon shipment. With respect to services you purchase through the Site, you acknowledge and agree that upon making such services available to you (or to their intended authorized recipients), Company will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure or inability to use such services.
The recipient is the importer of record and must comply with all laws and regulations of the destination country. Orders shipped outside of the United States may be subject to import taxes, customs duties and fees levied by the destination country. The recipient of an international shipment may be subject to such import taxes, customs duties and fees, which are levied once a shipment reaches the recipient's country. Additional charges for customs clearance must be borne by the recipient; we have no control over these charges and cannot predict what they may be.
We also cannot control or guarantee the length of time for delivery within the United States or internationally.
We will gladly exchange your product if it is damaged, defective, or if the wrong item was delivered to you within 14 calendar days of receipt. To return or exchange an order by mail:
* Include a copy of your proof of purchase.
* We recommend you ship your package with a carrier that can provide tracking and insurance.
Shea Swain Returns & Exchanges
Randallstown, Md. 21133
If your delivered purchase is damaged, defective, or if the wrong item was delivered to you, please attach a picture of the damaged or wrong item in an email to us, and we will refund your order amount (not including taxes or shipping).
You agree to abide by US and other applicable export control laws and sanctions requirements and not to transfer, by electronic transmission or otherwise, any product subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization.
Delivery of Digital Products
On occasion, technical problems may delay, interrupt or prevent the download or activation of your product. Shea Swain shall have no liability for issues encountered with downloading, activating or using products due to factors beyond its control, including your computer's performance, your e-reader's performance, the speed of your internet connection, or your lack of technical knowledge. You agree that you are responsible for all technical knowledge in accessing your downloaded product on your computer or e-reader.
In some cases, certain products may still be in development. You understand that in some instances product release dates may be delayed and that release dates and times posted on the Site are only estimates, and you will not be entitled to any refund for a delayed product release date. Our obligation to deliver any product to you shall be complete at the time when and place where you first receive the information necessary to commence download of such product. In all circumstances, it is your responsibility to ensure that the product is correctly and completely downloaded on your computer or transferred to your e-reader. Once a product is purchased and you receive the product, it is your responsibility to keep the product from being misplaced, damaged or destroyed, and Shea Swain shall be without liability to you in the event of any loss, damage, or destruction. Shea Swain encourages all its users to appropriately back up the product files and any other elements associated with the products.
Digital Returns & Refunds
There are no returns or cancellations for any intangible property or services purchased from the Site and/or its partners. All sales are final, non-cancelable and non-refundable except in the case of damaged files. Shea Swain will replace damaged content with either an undamaged file of the work, or a work of equal value. You must request replacement of damaged files within seventy-two (72) hours of purchase (for currently available works) or within seventy-two (72) hours of receipt (for pre-orders). By completing the purchase of products offered through the Site you hereby acknowledge and accept this policy in full.
If you have purchased an item and then do not receive the product, please email us.
Product and Service Descriptions and Availability, Errors
Company and its suppliers continually upgrade and revise their products and services to provide you with new products and services.The company may revise, discontinue or modify products or services at any time without prior notice to customers, and products or services may become unavailable without notice. Company shall have no liability of any kind if a product or service that has been ordered is unavailable. If necessary, Company reserves the right to substitute items of equal or greater value when an item or service is unavailable or Company may cancel the order.
We attempt to be as accurate as possible and eliminate errors on the Site, however we do not warrant that any product, service or description, photograph, pricing, or other information is accurate, complete, reliable, current, or error-free. In the event of an error, whether on the Site, in an order confirmation, in processing an order, delivering a product or service, or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order or offer a merchandise or service credit with a value at least equal to the amount of your purchase. The Company reserves the right to determine and modify from time to time the exact nature of any such merchandise or service credit, including conversion into one or more different types of merchandise or service credits. Your sole remedy in the event of such error is to cancel your order as set forth above. To request a service credit, please contact us via email.
9. END-USER LICENSING AGREEMENT
You agree that all products are owned by Shea Swain and contain proprietary information and intellectual property rights that are owned by Shea Swain, and are protected by applicable US and international intellectual property and other laws and conventions, including but not limited to copyright and trademark, and that you will not use such proprietary information or materials in any way whatsoever except for use of the service in compliance with these terms. You agree that you will not attempt to, or encourage or assist any other person to, circumvent, reproduce, modify, reverse engineer, derive source code, disassemble, decompile, create derivative works based on, or remove any proprietary notices from any software required for use of the service or any product, or to violate any agreement applicable to the use of such software, without the prior written consent of Shea Swain. All rights to such information in and to such intellectual property rights not expressly granted to you are reserved by Shea Swain.
Upon purchase and download of any ebook from the Site, you hereby accept and agree to be bound by the following End-User Licensing Agreement. You are allowed to use any copy of the eBook (the “Work,” or “Works”) in any reasonable non-commercial manner in compliance with Copyright law and pursuant to this Agreement.
Please note that the ebook files and content being offered to you on this site contain no encryption (Digital Rights Management) on the files so you are allowed to use the ebook in any manner that remains in compliance with copyright law.
Rights of Use
You acknowledge that the Works purchased from the Site are materials copyrighted by the author and publisher. Once you purchase a Work from the Site, you are granted a single-user, non-exclusive, non-transferable, and non-distributable license for your personal use. Your granted license cannot be sublicensed, resold, transferred, or redistributed by you in any manner.
You are free to enjoy the Work for your own personal use, but you are not authorized to share, sell, reproduce, or distribute the Work to others.
Any free Works or sample Works published at the Site are the copyrighted material of the author and publisher, and therefore are not authorized for resale or redistribution without prior written consent from the Company.
Once you make a purchase, you should receive a unique download page. You shall not, directly or indirectly, disclose the unique URL for your download page to anyone else or use anyone else's download page. You are solely and entirely responsible for all activities that occur on your download page.
Third-parties are not authorized to download, host, and otherwise redistribute any Works from the Site without prior written agreement from the Company.
Directory services and affiliate marketers may reproduce the metadata information found on each book's book page (cover image, book description, price, etc.) provided hyperlinks direct visitors to the Site’s product page, and provided users are not charged for access to these listings and are not required to register their personal information to gain access to these listings.
THE USE OF ANY PART OF THE WORK, EXCEPT FOR USE OF THE WORK AS EXPRESSLY PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON INTELLECTUAL PROPERTY RIGHTS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES FOR INFRINGEMENT.
Shea Swain is provided “as is,” with no guarantee of completeness, accuracy, timeliness, or of the results obtained from the use of the Site.
THE EBOOKS AND OTHER ITEMS SOLD ON THE SITE AND ALL OTHER SERVICES RELATED TO THE SITE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA SERVICES, UNINTERRUPTED ACCESS, FUNCTIONALITY OF PRIVACY SETTINGS, SITE AVAILABILITY OR SITE OPERATION, COMPLETENESS, ACCURACY, OR TIMELINESS. THE COMPANY DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SITE, ANY PORTIONS THEREOF, ITS EBOOKS SOLD, INCLUDING (WITHOUT LIMITATION) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, WORKS SOLD, OR SERVICES; AND (ii) THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND IMPLIED WARRANTIES FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, INCLUDING PRIVACY SETTINGS, AND ANY WORKS OR MATERIALS THEREON IS WITH END USER. THE END USER ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE DISCLAIMERS HEREIN APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,USER PROVIDED CONTENT, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, INCLUDING BUT NOT LIMITED TO ANY FINANCIAL INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SOME STATES MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY. THIS WARRANTY PROVIDES SPECIFIC LEGAL RIGHTS AND THE END USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
You may choose to submit comments or ideas to this Site, Shea Swain, or Shea Swain, either voluntarily or by invitation, about how to improve the Site or our Work. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Company under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or disclose the idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, the Company does not waive any rights to use similar or related ideas previously known to the Company, or developed by its employees, or obtained from sources other than you.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to or alteration of User or Customer communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment belonging to any user of the Site, any Customer or any other person related to or resulting from use of the Site, viewing, playing, or downloading any materials on or from the Site. The Site is provided "AS IS" and, except as otherwise prohibited by applicable law, we expressly disclaim any warranty of any kind, including but not limited to warranties of merchantability, fitness for a particular purpose and non-infringement. We cannot guarantee and do not promise any specific results from use of the Site. No advice or information, whether oral or written, obtained by you from us or from or through the Site shall create any warranty not expressly stated herein.
You understand that by using the Site and Works, you may encounter content that may be deemed mature, offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or adult themes, and which may be due to the content of the Work or your interactions with other users in the course of using the Works. You agree to use the Site at your sole risk and that Shea Swain shall have no liability to you for content that may be found to be mature, offensive, indecent, or objectionable.
Use of the Site and/or Works requires a compatible computer, phone, tablet e-reader, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining patches, updates or upgrades from time to time. Because use of the Site and/or Works involves hardware, software, and Internet access (high speed Internet access is strongly recommended), your ability to use the Site and/or Works may be affected by these factors. You are responsible for being aware of any particular system requirements of any product and for your ability to meet such requirements, which may change from time to time. Certain Products also may require you to register an account with a third party (which may require an initial and/or ongoing fee) or to install third party software and content in connection with their use. Shea Swain does not assume any responsibility or liability for any such fee, account or third party software or content.
11. LIMITATION ON LIABILITY
Notwithstanding any other provision of this Agreement, our entire liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for your use of the Site during the term of this Agreement. Except in jurisdictions where such provisions are restricted, in no event will we be liable to you or any third person for any indirect, consequential, exemplary, incidental, special, or punitive damages.
No Ongoing Obligations
Notwithstanding any other provision of these Terms, Shea Swain reserves the right, without liability to you, to change, suspend, remove, or disable access to any products, content, or other materials comprising a part of or sold through the Site at any time without notice. You acknowledge that some aspects of the Site, Work, and administering of our usage rules entails the ongoing involvement of Shea Swain. Accordingly, in the event that Shea Swain changes any part of the Site or its Work or discontinues the Site, which Shea Swain may do at its election, you acknowledge that you may no longer be able to use products to the same extent as prior to such change or discontinuation, and that Shea Swain shall have no liability to you in such case. You understand that nothing in these Terms entitles you to any future updates, versions or enhancements to any product (although Shea Swain may offer such updates, versions or enhancements at its sole discretion).
If there is any dispute between you and us about or involving the Site, by using the Site, you agree that the dispute exclusively shall be governed by the laws of the State of Illinois, without regard to its conflicts of law provisions. In the event of any dispute that you may bring against us, you agree that the state and federal courts located in Chicago, Illinois shall be the exclusive venue for and shall have exclusive jurisdiction over any such dispute. In the event of any dispute initiated by us against you, you agree that the state and federal courts located Northern District of Illinois located in Chicago, Illinois shall have jurisdiction over and shall be a proper venue for any such dispute, and that any such dispute may also be brought by us in any forum or venue in which jurisdiction may properly be exercised as a matter of law.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, members, managers, agents, representatives, employees, and corporate or other partners harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, arising out of or relatingto: (a) your use of the Site in violation of this Agreement, (b) any other breach of this Agreement by you, (c) any breach of your representations and warranties set forth above, or (d) your violation of any law or the rights of a third party.
14. NO AGENCY
There is no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between you and us or between us and any other Customer or user of the Site.
We reserve the right to terminate any or all of the Site and this Agreement at any time without notice for any reason, including, in the case of the Agreement, for your violation of any of its provisions. The Indemnification, Disclaimer, Limitation of Liability, and Governing Law sections of this Agreement shall survive any such termination.
If you have any questions or concerns about these Terms of Service or if you need further assistance with respect to access to or use of the Site, you may contact us as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.
You may contact us via email.
SheaSwainWrites/ Terms of Service
ATTN: Shea Swain/SSW Publishing
P.O. Box 32
Randallstown, MD. 21133
Copyright 2013. Shea Swain. All Rights Reserved.