Deseret Bookshelf and Bookshelf Plus Terms of Use

Deseret Bookshelf is a digital platform (“Deseret Bookshelf Service”) that provides our members with access to Deseret Book's audiobook and e-book library, podcasts, and other audiovisual material (“Digital Content”) delivered over the Internet on certain Internet-connected computers and other devices (“Supported Devices”). Deseret Bookshelf Plus provides a personalized subscription service (“Deseret Bookshelf Plus Service”) that allows our subscribers to access a wider selection of Digital Content. Deseret Bookshelf Service and Deseret Bookshelf Plus Service shall be referred to together as the “Digital Services.” Please read the Deseret Bookshelf and Bookshelf Plus Terms of Use (“Bookshelf Terms” or “Terms of Use”) carefully before you start to use the Digital Services. By using these Digital Services, you agree to be bound by all terms, conditions and notices contained or referenced in these Bookshelf Terms. If you do not want to agree to these Bookshelf Terms, you must not access or use the Digital Services.

  1. ACCEPTANCE THROUGH USE. The Digital Services are operated by Deseret Book Company (“Operator,” “Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference, including but not limited to, the Privacy Statement and all other terms, if any, posted elsewhere at the website, (collectively, “Terms of Use”). The Terms of Use govern your access to and use of the Digital Services, including any content, functionality, or purchase of the Digital Services or items offered on or through the Digital Services and all affiliated mobile apps (collectively the “Services”), whether as a guest or a registered user and are entered into by and between the Company and you.

  2. DESERET BOOK ACCOUNT. You may visit and browse the Deseret Book Company's Digital Content without registering or opening a Deseret Book Account (“Account”) with us. If Company requires you to open an Account to access the Digital Services or some of the resources it offers, you must complete the process by providing us with the current, complete and accurate information required by the applicable registration form. You agree that all information you provide to register with the Digital Services or otherwise, including, but not limited to, the use of any interactive features on the application, is governed by our Privacy Statement and you consent to all actions we take with respect to your information consistent with our Terms of Use. You are responsible for: (1) making all arrangements necessary for you to have access to the Digital Services; and (2) ensuring that all persons who access the Digital Services through your internet connection are aware of these Terms of Use and comply with them. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You may not share passwords. Your right to access the Digital Services is an individual, non-transferrable right. You also acknowledge your Account is personal to you and agree not to provide any other person with access to this Digital Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

  3. DIGITAL CONTENT LICENSE. Upon your download or access of the Digital Services and payment of any applicable fees, including applicable taxes, Company provides access to Digital Content. The Digital Content may include but is not limited to e-books, audiobooks, podcasts, and other audiovisual materials licensed through the Digital Services by Deseret Book Company and any of its subsidiaries or affiliates (collectively, “Company”).
    1. Deseret Bookshelf Service. By accessing the Deseret Bookshelf Service, and purchasing Digital Content, you acknowledge and agree that you are purchasing a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access such Digital Content subject to the restrictions and conditions in the Digital Services License below.
    2. Deseret Bookshelf Plus Service. By accessing the Deseret Bookshelf Plus Service, you acknowledge and agree that you are acquiring a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to view, use, display, and access such Digital Content subject to the Digital Services License below and subject to your active subscription in the underlying subscription program. A subscription provides you with ongoing access to a product, service, or content in exchange for a recurring fee.
    3. Digital Services License. You acknowledge and agree that you are not receiving ownership of the Digital Content. This license is subject to specific restrictions and conditions, including but not limited to:
      • Support Limitations. Digital Content may be accessed on a limited number of devices.
      • Time Restrictions. Access to Digital Content may be limited to a specific period.
      • Geographical Restrictions. Digital Content may only be accessible in certain regions.
      • Modification and Redistribution. You are prohibited from modifying, altering, or redistributing Digital Content.
      • Exclusive Access. Certain Digital Content may only be accessible via the Deseret Bookshelf web or mobile applications.
      • Digital Content licensed via a subscription-based service are only accessible for the duration of the subscription.
      • Subscription Services. Access to Digital Content on the Deseret Bookshelf Plus Service, which is an ongoing subscription service, may only be available on those devices that can support the Deseret Bookshelf Plus software.
      • Compatibility. The Digital Content is only compatible with the Digital Services. Digital Content is not compatible with Kindle or other e-reader devices.

  4. LIMITATIONS AND RISK OF LOSS. Unless specifically indicated otherwise, you may not sell, rent, lease, distribute, broadcast, sublicense, or otherwise assign any rights to the Digital Content or any portion of it to any third party, and you may not remove or modify any proprietary notices or labels on the Digital Content. In addition, you may not attempt to bypass, modify, defeat, or otherwise circumvent any digital rights management system or other content protection or features used as part of the Digital Services. Risk of loss for Digital Content transfers to you when you download or access the Digital Content.

  5. NO USE BY CHILDREN. The Digital Services are not directed to, or intended for use by, children (defined as anyone younger than 18). Children should not use the Digital Services or submit any information to Company. We do not knowingly collect personal information from anyone younger than 18. If you are younger than 18, do not use or provide any information on the Digital Services or through any of its features, register on the Digital Services, make any offers or purchases through the Digital Services, use any of the interactive or public comment features of this Digital Services, or provide any information about yourself to us, including your name, address, telephone number, e-mail address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child younger than 18 without verification of parental consent, we will delete that information. If you believe we might have any information from anyone younger than 18, please contact us here.

  6. CHANGES TO THE TERMS AND CONTENT. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Digital Services thereafter. However, any changes to the dispute resolution provisions set out in Choice of Law and Venue section of these Terms of Use will not apply to any disputes for which we have actual notice on or before the date the change is posted or notice is sent via email to users of the Digital Services. We may update the content on the Digital Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Digital Services may be out of date at any given time, and we are under no obligation to update such material. YOUR CONTINUED USE OF THE DIGITAL SERVICES FOLLOWING THE POSTING OR EMAIL NOTIFICATION OF REVISED TERMS OF USE MEANS YOU ACCEPT AND AGREE TO THE CHANGES. YOU ARE EXPECTED TO CHECK THIS PAGE OR YOUR EMAIL EACH TIME YOU ACCESS THE DIGITAL SERVICES SO YOU ARE AWARE OF ANY CHANGES AS THEY ARE BINDING ON YOU.

  7. SUBSCRIPTIONS AND MEMBERSHIPS
    • Ongoing Subscription: Your Deseret Bookshelf Plus Subscription (“Subscription”), which may start with a free trial, will continue month-to-month or annually depending on your subscription plan (below), and will automatically renew unless and until you cancel your Subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Deseret Bookshelf Plus Service. We will bill the applicable subscription fee to your Payment Method. You must cancel your Subscription before it renews in order to avoid billing of the next term's subscription fees to your Payment Method.
    • Differing Subscriptions: We may offer a number of subscription plans, including special promotional plans or memberships or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription with the Deseret Bookshelf Plus Service by visiting our website and clicking on the "My Account." Some promotional discounts may be offered from time to time by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
    • Deseret Bookshelf Membership: The Deseret Bookshelf Service is a digital platform that allows users who have created an Account to browse the Digital Content and download or access Digital Content on Supported Devices. Digital Content is licensed, not sold, to you by Company and as applicable, Company's third-party providers. The Digital Service License above includes the terms of your revocable license to the Digital Content.
    • Platinum Membership: To learn more about our Platinum Membership program, see www.deseretbook.com/join-platinum-rewards.html

  8. FREE TRIALS
    • Your Deseret Bookshelf Plus Subscription may start with a free trial. The free trial period of your Subscription lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new subscribers only. Company reserves the right, in its absolute discretion, to determine your free trial eligibility.
    • We will begin billing your Payment Method for subscription fees at the end of the free trial period of your subscription and your subscription will automatically renew for successive term period(s) unless you cancel prior to the end of the free trial period. To view the specific details of your Subscription, including subscription fees and end date of your free trial period, log in to your Account on our website or on the app for the Digital Services and look under "Subscriptions" under "My Account" (https://deseretbook.com/account/subscriptions). We may authorize your Payment Method through various methods, including authorizing it up to approximately one dollar when you register to verify your card. Once verified, the temporary charge will be removed from your card within 48 hours.
    • CLICK THE "MY ACCOUNT" LINK AT THE TOP OF ANY DESERET BOOK COMPANY WEB PAGE, THEN "MY SUBSCRIPTIONS" THEN "UPDATE BILLING INFORMATION" TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your subscription fee until you cancel.

  9. PAYMENT, BILLING, AND RENEWALS
    • Payment Methods: You may edit your Payment Method information by visiting our website and clicking on the "My Subscriptions" link under the "My Account" page available at the top of the pages of the Deseret Bookshelf Plus website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your Account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
    • Billing Cycle: For monthly subscriptions, the subscription fee for our Deseret Bookshelf Plus Service will be billed at the beginning of the paying portion of your Subscription and each month thereafter unless and until you cancel your Subscription. For all subscriptions, we automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment and no refunds are given. We reserve the right to change the timing of our billing, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on the closest corresponding day in the applicable month or such other day as we deem appropriate. For example, if you started your Deseret Bookshelf Plus Subscription or became a paying subscriber on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. Visit our website and click on the "My Subscriptions" link on the "My Account" page to see the commencement date for your next renewal period. Or visit the Digital Services app, click on “Account,” and then click on the member name on the Account to view information related to your Subscription or to cancel your Subscription. We may authorize your Payment Method in anticipation of subscription or Deseret Bookshelf Plus service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
    • Recurring Billing: By starting your Deseret Bookshelf Plus Subscription and providing or designating a Payment Method, you authorize us to charge you a subscription fee at the then current rate, and any other charges you may incur in connection with your use of the Deseret Bookshelf Plus Bookshelf Plus Service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed may vary for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly or annually in one or more charges. WE RESERVE THE RIGHT TO ADJUST PRICING FOR OUR DIGITAL SERVICES OR ANY COMPONENTS THEREOF IN ANY MANNER AND AT ANY TIME AS WE MAY DETERMINE IN OUR SOLE AND ABSOLUTE DISCRETION. We will notify you via email of any price changes to your Deseret Bookshelf Plus Service and such price changes will not take effect before the next renewal period.
    • Renewal: Your Subscription will automatically renew at the end of each Billing cycle unless you cancel it prior to the renewal date.

  10. REFUNDS, RETURNS, AND CANCELLATION
    • No Refunds or Returns: PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the Digital Services through the end of your current billing period. If at any time, and for any reason, we provide a refund, discount, or other consideration to some or all of our members ("credits"), the amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
    • Cancellation: You may cancel your Deseret Bookshelf Plus Subscription at any time via your Account on the website, and you will continue to have access to the Deseret Bookshelf Plus Bookshelf Plus Service through the end of your monthly or yearly billing period as applicable. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL SUBSCRIPTION PERIODS. To cancel via the website, go to the "My Account" page on our website, click the "My Subscriptions" link and follow the instructions for cancellation as found under "Update Payment Information." If you cancel your Subscription, your Account will automatically close at the end of your current billing period. To see when your Account will close, click the "My Subscriptions" link on the "My Account" page. If you signed up for Deseret Bookshelf Plus using your account with a third party as a Payment Method, and wish to cancel your Deseret Bookshelf Plus Subscription at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Deseret Bookshelf Plus Bookshelf Plus Service through that third party.

  11. ACCESSING THE DIGITAL SERVICES. We reserve the right to withdraw or amend the Digital Services, and any Deseret Book Service or material we provide on the Digital Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Digital Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Digital Services, or the entire Digital Service, to users, including registered users. All information we collect on the Digital Services are subject to our Privacy Statement. By using the website application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.

  12. INTERNATIONAL USE. You may view the Digital Content through the Digital Services primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such Digital Content. The Digital Content that may be available to view may vary by geographic location. The Digital Services will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY VIEW MAY BE LIMITED. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.

  13. USE OF THIRD-PARTY SERVICES. When you use the Deseret Book Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third-party services may be subject to the separate policies, terms of use, and fees of these third parties.
    • No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Deseret Book Software, whether in whole or in part.
    • Updates. We may offer automatic or manual updates to the Deseret Book Software at any time and without notice to you.

  14. LINKS TO THIRD PARTY WEBSITES AND SERVICES. The Digital Service may contain links to websites or services operated by third parties. This includes links contained in advertisements, including banner advertisements and sponsored links. These links do not constitute or imply an endorsement, affiliation or a nexus with the linked site. The linked sites may appear to be integrated into the Digital Service but are not under Company's control. Company is not responsible for the operation or content of any linked service or subsequent links from that site. The policies that govern the use of a linked service will differ from these Terms of Use. You should review the policies of a linked service before making a decision to use that service. If you decide to access any of the third-party websites linked to the Digital Services, you do so entirely at your own risk.

  15. SOCIAL MEDIA FEATURES: The Digital Services may provide certain social media features that enable you to:
    • Link from your own or certain third-party websites to certain content on the Digital Services.
    • Send e-mails or other communications with certain content, or links to certain content, on the Digital Services.
    • Cause limited portions of content on the Digital Services to be displayed or appear to be displayed on your own or certain third-party websites.

    You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

    • Establish a link from any website or service that is not owned by you.
    • Cause the Digital Service or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.
    • Link to any part of the Digital Service.
    • Otherwise take any action with respect to the materials on the Digital Service that is inconsistent with any other provision of these Terms of Use.
    • We may disable all or any social media features and any links at any time without notice in our discretion.

  16. PROHIBITED USES: You may use the Digital Services for lawful purposes and in accordance with these Terms of Use.

    17. You agree not to use the Digital Services:

    • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
    • To transmit, or procure the sending of, any advertising or promotional material.
    • To transmit, or procure the sending of, any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Digital Services, or which, as determined by us, may harm the Company or users of the Digital Service, or expose them to liability.
    • Use the Digital Services in any manner that could disable, overburden, damage, or impair the Digital Services or interfere with any other party’s use of the Digital Services, including their ability to engage in real time activities through the Digital Services.
    • Use any robot, spider, or other automatic device, process, or means to access the Digital Services for any purpose, including monitoring or copying any of the material on the Digital Services.
    • Use any manual process to monitor or copy any of the material on the Digital Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
    • Use any device, software, or routine that interferes with the proper working of the Digital Services.
    • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
    • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Digital Services, the server on which the Digital Services are stored, or any server, computer, or database connected to the Digital Services.
    • Attack the Digital Services via a denial-of-service attack or a distributed denial-of-service attack.
    • Otherwise attempt to interfere with the proper working of the Digital Services

  17. USE OF THE DESERET BOOK SOFTWARE. You may use Deseret Book Software solely for purposes of enabling you to use the Digital Services as provided by Deseret Book, and as permitted by these Terms of Use. You may not incorporate any portion of the Deseret Book Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, reverse engineer, create derivative works of, distribute, assign any rights to, or license the Deseret Book Software in whole or in part. All software used in the Digital Services are the property of Deseret Book and are protected by United States and international copyright laws.

  18. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT. You may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, patently false, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Company reviews user content and reserves the right (but not the obligation) to remove or edit such content.

    • If you do post content or submit material, and unless we indicate otherwise, you grant Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Company and sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Company for all claims resulting from content you supply. Company has the right but not the obligation to monitor and edit or remove any activity or content. Company takes no responsibility and assumes no liability for any content posted by you or any third party.

  19. INTELLECTUAL PROPERTY. Unless otherwise indicated, you acknowledge that all content, materials, features, and functionalities (including but not limited to all information, software, text, displays, images, video, audio, the design, selection and arrangement thereof) available on the Digital Services are owned by Company and protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other intellectual property or proprietary rights and laws. You may only access and use the Digital Services as expressly permitted in these Terms of Use and for no other purpose.

  20. TRADEMARKS.The Company name, and terms using the trademarks of the Company, including Deseret Book Company, Deseret Bookshelf, Deseret Bookshelf Plus, the Company logo, the Deseret Bookshelf logo, and all related names, logos, product and website names, designs, and slogans (whether formally registered) are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

  21. COPYRIGHT. All content included in or made available through the Digital Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software are the property of Deseret Book or its content suppliers and are protected by United States and international copyright laws.
    • Copyright Permission. The compilation of all content included in or made available through any Deseret Book Bookshelf Plus Service is the exclusive property of Company and protected by United States and international copyright laws. To request permission to use any of our published material, please send an email with your request to permissions@deseretbook.com.
    • Infringement. Deseret Book Company respects the intellectual property of others. Pursuant to federal copyright law, if you believe that your work has been copied in a way that constitutes infringement, please contact rights@deseretbook.com.

  22. ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS. All purchases at or through our Deseret Bookshelf Service or other transactions for the sale of goods, or Deseret Bookshelf Plus Services, or websites or information formed through the Digital Services, or resulting from visits made by you, are governed by the relevant provisions of these Terms of Use.

  23. CONSENT TO CONTACT, MONITORING OF MESSAGES AND CALL RECORDING: We may contact you using autodialed or prerecorded calls and text messages, at any telephone number that you have provided us, to: (i) notify you regarding your Account; (ii) troubleshoot problems with your account; (iii) resolve a dispute; (iv) poll your opinions through surveys or questionnaires; or (v) as otherwise necessary to Bookshelf Plus Service your account or enforce these Terms of Use, our policies, applicable law, or any other agreement we may have with you. We may also contact you using autodialed or prerecorded calls and text messages for marketing purposes (e.g., offers and promotions), if you consent to such communications. As described in our Privacy Statement, we may collect other telephone numbers for you and may place manual non-marketing calls to any of those numbers and autodialed non-marketing calls to any landline. Standard telephone minute and text charges may apply and may include overage fees if you have exceeded your plan limits. You may opt-out of a specific text marketing campaign by replying "STOP" to such marketing text message.
    • We may share your telephone number with our authorized service providers as stated in our Privacy Statement. These service providers may contact you using autodialed or prerecorded calls and text messages, only as authorized by Company to carry out the purposes identified above.
    • We may, without further notice or warning and in our sole discretion, monitor, review or record telephone conversations you or anyone acting on your behalf has with us or our agents or using telephone numbers provided on our website or our Digital Services. You (i) consent to the monitoring or recording, at any time and from time to time, by us, and (ii) waive any further notice of such monitoring or recording.

  24. DISCLAIMER OF WARRANTIES. THE DESERET BOOK BOOKSHELF PLUS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER BOOKSHELF PLUS SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DESERET BOOK BOOKSHELF PLUS SERVICES ARE PROVIDED BY DESERET BOOK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DESERET BOOK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DESERET BOOK BOOKSHELF PLUS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER BOOKSHELF PLUS SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DESERET BOOK BOOKSHELF PLUS SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DESERET BOOK BOOKSHELF PLUS SERVICES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, DESERET BOOK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DESERET BOOK DOES NOT WARRANT THAT THE DESERET BOOK BOOKSHELF PLUS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER BOOKSHELF PLUS SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DESERET BOOK BOOKSHELF PLUS SERVICES, DESERET BOOK'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DESERET BOOK ARE FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, DESERET BOOK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DESERET BOOK BOOKSHELF PLUS SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER BOOKSHELF PLUS SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU OR MADE AVAILABLE BY YOU THROUGH ANY DESERET BOOK BOOKSHELF PLUS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

  25. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PROVIDED BY LAW, UNDER NO CIRCUMSTANCES WILL COMPANY, OR ANY PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OR THEIR LICENSORS, BOOKSHELF PLUS SERVICE PROVIDERS, DIVISIONS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE DIGITAL SERVICES, INCLUDING YOUR CONTENT, ANY WEBSITES LINKED TO IT, ANY DIGITAL SERVICES OR ITEMS OBTAINED AT OR THROUGH THE DIGITAL SERVICES, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  26. FAILURE OF ESSENTIAL PURPOSE. You acknowledge and agree that the provisions hereof that limit liability, disclaim warranties, or exclude consequential damages or other damages or remedies are essential terms of this Agreement that are fundamental to our understanding regarding allocation of risk. Accordingly, such provisions shall be severable and independent of any other provisions and shall be enforced as such, regardless of any breach or other occurrence hereunder. Without limiting the generality of the foregoing, you agree that all limitations of liability, disclaimers of warranties, and exclusions of consequential damages or other damages or remedies shall remain fully valid, effective and enforceable in accordance with their respective terms, even under circumstances that cause any exclusive remedy under this Agreement to fail of its essential purpose.

  27. INDEMNIFICATION. You agree to defend, indemnify, defend, and hold harmless Company, parent companies, subsidiaries, affiliates, divisions, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any and all liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Digital Services, including but not limited to, your content, use any of the Digital Services and products obtained at or through the Digital Services, use of any of the Digital Services’ content, including but not limited to content other than as expressly authorized by these Terms of Use, or your use of any information obtained at or through the Digital Services.

  28. CHOICE OF LAW AND VENUE. All matters relating to the Digital Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any choice or conflicts of law provision or rule (whether of the State of Utah or any other Jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Digital Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Utah, in each case located in Salt Lake City, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

  29. LIMITATION ON TIME TO FILE CLAIMS. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE DIGITAL SERVICES MUST BE COMMENCED AT THE EARLIER OF ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE RELEVANT STATUTE OF LIMITATION UNDER UTAH OR FEDERAL LAW PROVIDED THAT IF SUCH STATUE OF LIMITATIONS ALLOWS FOR MODIFICATION BY CONTRACT THEN SUCH TIME LIMIT TO FOR ANY CAUSE OF ACTION OR CLAIM SHALL BE ONE (1) YEAR; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  30. INTEGRATION, SEVERABILITY AND NO WAIVER. These Terms of Use, along with the Privacy Statement, and any other terms expressly incorporated by reference or posted elsewhere within the Digital Services, if any, constitute the entire agreement between Company and you with respect to the Digital Services and supersede all prior or contemporaneous communications and proposals with respect to the Digital Services. If any provision of the terms referenced in the prior sentence are held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provisions shall be eliminated or limited to the minimum extent such that the remaining provisions of the previously referenced agreements will continue in full force and effect. No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

  31. ELECTRONIC COMMUNICATIONS. When you use the Digital Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Digital Services or through the other Deseret Book services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

  32. ADDRESS AND CONTACT INFORMATION: Questions concerning these Terms of Use or the Bookshelf Plus Service should be directed to permissions@deseretbook.com. Deseret Book Company’s mailing address is PO Box 30178, Salt Lake City, Utah 84130.