Terms of Service
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND Colson Center STATING THE TERMS THAT GOVERN YOUR USE OF THE Colson Center STORE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF Colson Center'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE "AGREEMENT" BETWEEN YOU AND Colson Center. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE," AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND Colson Center MAY REFUSE ACCESS TO THE Colson Center STORE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
1. Definition of the Colson Center Store Service. Colson Center is the provider of the Colson Center Store (the "Service") that permits you to purchase or rent (as applicable) digital content, such as e-books, downloadable audiobooks, software, video and other downloadable products (the "Products"), under certain terms and conditions as set forth in this Agreement.
2. Age requirements for use of the Service. This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.
3. System Requirements. Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or rental (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
4. Policies and Rules. Your use of the Service and transactions made through it are subject to Colson Center's Terms of Sale at Terms of Sale, which can be readily viewed on the Service, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read Colson Center's Terms of Sale, you should do so now. Your purchase of all product types made through the Service is subject to any end-user agreements or other terms and conditions required for use of such products, all of which are hereby made a part of this Agreement.
5. Privacy. Colson Center's Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to Colson Center's Privacy Policy at Privacy Policy, which is expressly made a part of this Agreement. If you have not already read Colson Center's Privacy Policy, you should do so now.
6. Your Information. You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. Colson Center may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that Colson Center may store and use the Registration Data you provide (including credit card, if provided) for use in maintaining your accounts and billing fees to your credit card.
7. User Account and Security.
a. Account and Password. As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Colson Center of any unauthorized use of your Account or any other breach of security. Colson Center shall not be responsible for any losses arising out of the unauthorized use of your Account.
b. Security. You understand that the Service, and Products purchased and/or delivered through the Service, may include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by Colson Center and its licensors ("Usage Rules"). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by Colson Center for compliance purposes, and Colson Center reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through software that is provided by Colson Center for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
8. Purchase or Rental of Colson Center Content
a. Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and software is your responsibility. Products may be stored in your online, Colson Center my downloads for future reference and download. The my download is a free service provided to you as part of your Colson Center product purchase, the terms of which may be subject to change in the future. However, to assure retention of your Product, we recommend that you store a back-up copy on one of your authorized devices.
b. Use of Products. You acknowledge that Products may contain security technology that limits your usage of Products to the following applicable Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.
Usage Rules
(i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.
(ii) You shall be authorized to use the Products only for personal, noncommercial use.
(iii) You shall be authorized to use the Products on five Colson Center-authorized devices at any time.
(iv) You shall be able to store Products on your personal computer, ebook reader, PDA or other media device that belongs to you. You agree that copying your Products for purposes of socially or commercially distributing such copies to another device or online is unlawful and is strictly prohibited by the Colson Center Terms of Use.
(v) Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.
(vi) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules.
(vii) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
(viii) Usage rules for software Products are governed by the terms of any end-user agreements or other terms and conditions required for use of such Products.
c. You agree that your purchase or rental (as applicable) of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, and that any other use of the Products may constitute a copyright infringement. The security technology, if applicable, is an inseparable part of the Products. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. Colson Center reserves the right to modify the Usage Rules at any time.
d. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of Colson Center. Accordingly, in the event that Colson Center changes any part of the Service or discontinues the Service, which Colson Center 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 Colson Center shall have no liability to you in such case.
e. Bulletin Boards, Chat Rooms and Blogs
(i) You are welcome to post, transmit or submit messages and other materials (which include uploading files, inputting data or any other materials or engaging in any form of communication in connection with this Site) (collectively "Messages") to bulletin boards, chat rooms, blogs or other public areas within, or in connection with, the Colson Center Store (collectively "Forums"). However, Colson Center accepts no responsibility whatsoever in connection with or arising from such Messages.
(ii) Colson Center does not endorse and has no control over the content of Messages submitted by others to Forums. Messages submitted to Forums are not necessarily reviewed by HCP prior to posting and do not necessarily reflect the opinions or policies of Colson Center. Colson Center makes no warranties, express or implied, as to the content of the Messages in the Forums or the accuracy and reliability of any Messages and other materials in the Forums. Nonetheless, Colson Center reserves the right to prevent you from submitting Materials to Forums and to edit, restrict or remove such Messages for any reason at any time.
(iii) Colson Center assumes no responsibility for actively monitoring Forums for inappropriate Messages. If at any time Colson Center chooses, in its sole discretion, to monitor the Forums, Colson Center nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Message. In submitting Messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Colson Center accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages. You also agree to permit any other user of this Site to access, view, store or reproduce the material for that other user's personal use and not to restrict or inhibit the use of the Colson Center Store by any other person.
(iv) Prohibited Content and Activities:
- are harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic or otherwise sexually
explicit, graphically violent, gory, depicting gratuitous blood or mutilation, fraudulent, invasive of privacy or publicity rights, hateful, or
racially, ethnically or otherwise objectionable. - are blatantly disrespectful, attacking, insulting, bigoted, ridiculing,mocking, disparaging, libelous and/or hateful.
- are objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the company or its users to
any harm or liability of any type.
(v) You agree that any Message whatsoever submitted by you becomes the property of Colson Center and may be used, copied, sublicensed, adapted, edited, transmitted, distributed, publicly performed, published, displayed or deleted as Colson Center sees fit.
(vi) You agree to release Colson Center, its parents and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with or arising from your use of Forums. If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them
9. Territory. At this time, the majority of the Products are available throughout the world. In the event that a Product is subject to a territory restriction, such as being available only to residents of the United States, the Product description will indicate the restriction. You agree not to violate any such territoryrestrictions on the Products.
10. Agreement to Pay.
a. Payment for Products. You agree to pay for all Products you purchase or rent(as applicable) either through an authorized Colson Center reseller or directly through the Service. If you chose to purchase Products directly through Colson Center, you agree that Colson Center may charge your credit card for any Products purchased or rented (as applicable), and forany additional amounts (including any taxes and late fees, as applicable) asmay be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FORTHE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING Colson Center WITH A VALID CREDITCARD FOR PAYMENT OF ALL FEES. All fees will be billedto the credit card you designate during theregistration process. If you want to designate a different credit card or ifthere is a change in your credit card status, you must changeyour credit card information online at the Account Infosection of the Service. (There may be a temporary disruption of your access to the Service until Colson Center can verify the validity of the new credit card information.)
b. Right to Change Prices and Availability of Products. Prices and availability of anyProducts are subject to change at any time.
c.Electronic Signatures and Contracts. Your use of the Service includes theability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT ANDINTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. 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.
d. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
11. Delivery of Products.
a. If delivery of a Product you purchased or rented (as applicable) using Wi-Fi isinterrupted, your transaction will be included in your download queue. If during the download process, your download is interrupted or delayed, you may access your account and continue orreinstall your purchased download from your My Download.
b. Technical Problems. On occasion, technical problems may delay or preventdelivery of your Product. Your exclusive and sole remedy with respect toProduct that is not delivered within a reasonable period will be eitherreplacement of such Product, or refund of the price paid for such Product, asdetermined by your authorized Colson Center reseller or Colson Center (as applicable).
12. Intellectual Property.
a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, audio clips, video clips, and editorial content,contains proprietary information and material that is owned by Colson Center and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright,and that you will not use such proprietary information or materials in any waywhatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by anymeans, except as expressly permitted hereunder. You agree not to modify, rent,lease, loan, sell, distribute, or create derivative works based on the Service,in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b.Removal of Colson Center Content or Other Materials.Notwithstanding any other provision of this Agreement, Colson Center and its licensors reserve the right to change, suspend, remove, or disableaccess to any Products, content, or other materials comprising a part of theService at any time without notice. In no event will Colson Center be liable for the removal of or disabling of access to any such Products,content or materials under this Agreement. Colson Center may also impose limits on the use of or access to certain features or portions ofthe Service, in any case and without notice or liability.
c.Copyrights. All copyrights in and to the Service, including but not limited to,the Colson Center Store (including the compilation ofcontent, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by Colson Center and/orits licensors, who reserve all their rights in law and equity. THE USE OF THESOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTEDIN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
d. Trademarks. Colson Center, the Colson Center logo and other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks Colson Center in the U.S. and/or other countries. Other trademarks,service marks, graphics, and logos used in connection with the Service may bethe trademarks of their respective owners. You are granted no right or licensewith respect to any of the aforesaid trademarks and any use of such trademarks.
e. CoverArt. As an account holder of the Service in good standing, Colson Center may provide you with limited access to download certain cover art for Products,subject to availability. Such access is provided as an accommodation only, and Colson Center does not warrant or endorse and does not assume andwill not have any liability or responsibility for such cover art or your usethereof. You may only access cover art (to the extent available) for Productsfor which you are the lawful owner of a legal copy. Cover art is provided forpersonal, noncommercial use only. You agree that you will not use cover art in any manner that would infringe or violate these Terms of Service or the rights of any other party, and that Colson Center is not in any way responsible for any such use by you.
13. Termination.
a.Termination by Colson Center. If you fail, or Colson Center suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide Colson Center with avalid credit card or with accurate and complete Registration Data, failure tosafeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties' rights, Colson Center, at its sole discretion, without notice to you may:(i) terminate this Agreement and/or your Account, andyou will remain liable for all amounts due under your Account up to andincluding the date of termination; and/or (ii) terminate the license to thesoftware; and/or (iii) preclude access to the Service (or any part thereof).
b.Termination of the Service. Colson Center reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Colson Center will not be liable to you or to any third party should it exercise such rights.
14.General Compliance with Laws. The Service is controlled and operated by Colson Center from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances,and regulations that apply to your use of the Service.
15.Enforcement of These Terms. Colson Center reserves the right to takes steps Colson Center believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Colson Center's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/orProducts is unlawful and/or infringes such third party's rights). You agree that Colson Center has the right, without liability to you,to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Colson Center believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Colson Center's right to cooperate with any legal process relatingto your use of the Service and/or Products, and/or a third party claim thatyour use of the Service and/or Products is unlawful and/or infringes such thirdparty's rights).
16. NoResponsibility for Third-Party Materials or Web sites. Certain content,Products, and services available via the Service may include materials from third parties. In addition, Colson Center may provide linksto certain third-party Web sites. You acknowledge and agree that Colson Center is not responsible for examining or evaluating thecontent or accuracy of any such third-party material or Web sites. Colson Center does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties.Links to other Web sites are provided solely as a convenience to you. You agreethat you will not use any third-party materials in a manner that would infringeor violate the rights of any other party, and that Colson Center is not in any way responsible for any such use by you.
17. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHTINFRINGEMENT
Colson Center will process notices of alleged infringement which it receives and will take appropriateactions as required by the Digital Millennium Copyright Act (the"DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to Colson Center's Designated Agent.
Service Provider(s): Colson Center
Name/Contact Information of Designated Agent:
Email: service@store.colsoncenter.org
If you believe that you have been falsely accused of copyright infringement, you may file a counter notification to Colson Center Stores. The counter notification must include the following pursuant to 17 U.S.C. (512(g)(3)(A-D)):- A physical or electronic 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, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. - Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
18. Disclaimer of Warranties; Liability Limitations.
a. Colson Center DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICEWILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME Colson Center MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOURSOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY Colson Center) PROVIDED "ASIS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANYKIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c. IN NO CASE SHALL Colson Center, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USEOF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OFTHE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANYCONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, Colson Center'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d. Colson Center SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU INCONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOURSUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND Colson Center HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TOSUCH INFORMATION IN ANY WAY.
e. Colson Center DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS,CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITYINTRUSION, AND Colson Center DISCLAIMS ANY LIABILITY RELATING THERETO. Colson Center WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT FILES ARE STORED AND BACKED-UP ON MULTIPLE SERVERS AND, UNDER CATASTROPHIC CIRCUMSTANCES, WILL MAKE ALL COMMERCIALLY REASONABLE EFFORTS TO PROVIDE ITS CUSTOMERS WITH THEIR PURCHASE RECORDS AND DATA FILES.
19. Waiver and Indemnity. BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD Colson Center, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS,CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OFYOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY Colson Center AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENTOR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENTHAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM Colson Center, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANYINFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THESERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTEDVIOLATION OR AS A RESULT OF Colson Center'S CONCLUSION THAT A VIOLATION OF THISAGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALLVIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
20. Changes. Colson Center reserves the right, at any time andfrom time to time, to update, revise, supplement, and otherwise modify thisAgreement and to impose new or additional rules, policies, terms, or conditionson your use of the Service. Such updates, revisions, supplements,modifications, and additional rules, policies, terms, and conditions(collectively referred to in this Agreement as "Additional Terms")will be effective immediately and incorporated into this Agreement. Your continued use of the Colson Center Store following will bedeemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
21. Notices. Colson Center may send you notice with respect tothe Service by sending an email message to the email address listed in your Colson Center Account contact information, by sending a letter viapostal mail to the contact address listed in your Colson Center Account contact information, or by a posting on the Colson Center Store. Notices shall become effective immediately.
22. Governing Law. The laws of the State of Michigan, excluding its conflicts oflaw rules, govern these Terms of Service and your use of the Service. Your useof the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Colson Center or relating in any wayto your use of the Service resides in the courts of the State of Michigan.
23. Miscellaneous. These Terms of Service constitute the entire agreement between you and Colson Center and govern your use of the Service,superseding any prior agreements between you and Colson Center.You also may be subject to additional terms and conditions that may apply whenyou use affiliate services, third-party content, or third-party software. Ifany part of these Terms of Service is held invalid or unenforceable, thatportion shall be construed in a manner consistent with applicable law toreflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Colson Center's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms ofService. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Colson Center will not be responsible for failures to fulfill any obligations due to causes beyond its control.
Terms of Sale
The following terms of sale apply only to the digital content,such as e-books, downloadable audiobooks, software video and other downloadable content (the "Products") that are purchased and downloaded from the Colson Center Store. Products purchased from an authorized Colson Center retailer and only downloaded from the Colson Center Store are subject to such Colson Center retailer's terms of sale.
U.S. SALES ONLY
At this time, the majority of the Products are available to customers throughout the world. In the event that a Product is subject to a territory restriction, such as being available only to United States residents, the Product description will indicate such restrictions. You agree not to violate any such territory restrictions on Products.
SALES TO END USERS ONLY
The Colson Center Store sells and rents (as applicable) Products to enduser customers only.
REFUND POLICY
All Sales and rentals (as applicable) are final.
PAYMENT METHODS
The Colson Center Store accepts credit cards, and Colson Center may obtain a pre-approval from the credit card company for an amount up to the amount of the order. Billing to your credit card occurs at the time of purchase or rental (as applicable) or shortly thereafter.
The Colson Center Store accepts the following credit cards: Visa, MasterCard and Discover.
PLEASE NOTE
We are unable to accept credit cards issued by banks outside ofthe United States or prepaid gift cards issued by credit card companies. Debit cards and checkcards issued by Visa and MasterCard are accepted but have daily spending limits that may prevent the processing of your order.
If a transaction has been declined online due to credit cardissues please ensure all data is correctand resubmit. If the transaction is not accepted online, you will be unable touse that card for your transactionand should use another credit card.
BILLING
If you use the Shopping Cart functionality, you will have oneorder that authorizes and bills as a single transaction.
SALES TAX
Colson Center Store transactions will include sales tax based on thebill-to address and the sales tax rate in effect at the time your transactionis completed. We will only charge tax in states where digital goods are taxable. No customers are eligible for tax exemptions for transactions made on the Colson Center Store.
PRE-ORDERS
By pre-ordering Products, you are authorizing the Colson Center Store to automatically charge your account and download the product when it becomes available. You may cancel your pre-order prior to the time the item becomes available, by going to your Account page and clicking Manage Pre-Orders.
SOFTWARE
Software Products purchased from the Colson Center Store are subject to purchaser's prior acceptance of the terms of any end-user agreements or other terms and conditions required for use of such Products.
PRICES
The Colson Center Store endeavors to offer you competitive prices on current selections. Your total price will include the price of the Product plus any applicable sales tax. Colson Center reserves the right to change prices forProducts offered at the Colson Center Store at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
CONTENT AVAILABILITY
Colson Center reserves the right to change content options without notice. On occasion, a Product may become unavailable following a transaction but prior to download. Your sole remedy in such cases is a refund of the price paid for the unavailable Product. Please contact Colson Center Store Customer Service for assistance in such cases (see below).
FOR ASSISTANCE WITH ORDERS - Colson Center STORE CUSTOMER SERVICE
For assistance with billing questions or other order inquiries,please refer to our online support page by clicking here: Support.If you cannot find the answers you are seeking in our robust knowledge base, you can contact us by visiting the following URL Contact Us,clicking on the appropriate Customer Service topic, then using the contact button or email form at the bottom of the page. Responses to emails will be provided as soon as possible.
CONTENT USAGE RULES
Your use of any Products purchased or rented (as applicable)from the Colson Center Store is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein.
OTHER TERMS AND CONDITIONS
Colson Center is not responsible for typographic errors.
Colson Center reserves the right to change the terms and conditions of sale at the Colson Center Store at any time. Customers are encouraged to review theTerms of Sale on a periodic basis for modifications.
All transactions on the Colson Center Store are governed by Michigan law, withoutgiving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered transactions pass to the purchaser or renter (as applicable) upon electronic transmission to the recipient. No Colson Center employee or agent has the authority to vary any of the Colson Center Store's policies or the terms and conditions governing any sale.