Deseret Bookshelf Plus Subscription Terms of Use

Overview:

Welcome to Deseret Bookshelf Plus! We are a subscription service that provides our members with access to audio-visual material ("Deseret Bookshelf Plus content") delivered via Internet-connected computers and iOS and Android capable mobile devices.

By using this service, you have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, "Deseret Bookshelf Plus service," "our service" or "the service" means the service provided by Deseret Bookshelf Plus for searching and viewing Deseret Bookshelf Plus content, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.

You agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with Deseret Bookshelf Plus.

Acceptance of Terms of Use

These Terms of Use, which include our Privacy Statement https://deseretbook.com/privacy and End User License Agreement https://deseretbook.com/legal/eula ("EULA") govern your use of the Deseret Bookshelf Plus service. By using, visiting, or browsing the Deseret Bookshelf Plus service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the Deseret Bookshelf Plus service.
The Deseret Bookshelf Plus service is provided by Deseret Book Company.

Changes to Terms of Use. Deseret Bookshelf Plus may, from time to time, change these Terms of Use, including the Privacy Statement and EULA. Such revisions shall be effective immediately.
Privacy. Personal, identifying information is subject to our Privacy Statement at https://deseretbook.com/privacy, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
Communication Preferences. By using the Deseret Bookshelf Plus service, you consent to receiving electronic communications from Deseret Bookshelf Plus relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the Deseret Bookshelf Plus service, or in the "My Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Deseret Bookshelf Plus. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Deseret Bookshelf Plus features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply click the "Unsubscribe" link from any Deseret Bookshelf Plus email. Please review our Privacy Statement (https://deseretbook.com/privacy) for further detail on our marketing communications.
Membership, Fees, Free Trials, Billing and Cancellation

Membership

Ongoing Membership. Your Deseret Bookshelf Plus membership, 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 membership 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 membership fee to your Payment Method. You must cancel your membership before it renews in order to avoid billing of the next term's membership fees to your Payment Method.
Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships 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 membership with Deseret Bookshelf Plus by visiting our website (https://deseretbook.com/login) and clicking on the "My Account" link (https://deseretbook.com/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 membership plans.
Fees. Deseret Bookshelf Plus membership fees will vary depending upon the plan selected by the Subscribing members, as follows:

Annual – for Platinum Members: $69.99 per year.
Annual: $99.99 per year.
Month-to-Month – for Platinum Members: $6.99 per month.
Month-to-Month: $9.99 per month.

To learn more about our Platinum Membership program, see https://deseretbook.com/platinum

Free Trials

Your Deseret Bookshelf Plus membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new members only. Deseret Bookshelf Plus reserves the right, in its absolute discretion, to determine your free trial eligibility.
We will begin billing your Payment Method for membership fees at the end of the free trial period of your membership and your membership 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 membership, including membership fees and end date of your free trial period, log in to our website 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 BOOKSHELF PLUS 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 membership fee until you cancel.

Billing

Recurring Billing. By starting your Deseret Bookshelf Plus membership and providing or designating a Payment Method, you authorize us to charge you a membership fee at the then current rate, and any other charges you may incur in connection with your use of the Deseret 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.
Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, We will notify you via email of any price changes to your service and such price changes will not take effect before the next renewal period.
Billing Cycle. For monthly subscriptions, the membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. For all memberships, we automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. 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 membership 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 membership or became a paying member 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 Membership. 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. We may authorize your Payment Method in anticipation of membership or 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.
No Refunds. 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 service 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.
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.
Cancellation. You may cancel your Deseret Bookshelf Plus membership at any time, and you will continue to have access to the Deseret 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 MEMBERSHIP PERIODS. To cancel, go to the "My Account" page on our website, click the "My Subscriptions" link and follow the instructions for cancellation as found under "Update Billing Information". If you cancel your membership, 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 membership 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 service through that third party.

Deseret Bookshelf Plus Service

You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the Deseret Bookshelf Plus service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
The Deseret Bookshelf Plus service and any content viewed through our service are for your personal and non-commercial use only. During your Deseret Bookshelf Plus membership, we grant you a limited, non-exclusive, non-transferable, license to access the Deseret Bookshelf Plus service and view Deseret Bookshelf Plus content through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
You may view Deseret Bookshelf Plus content through the Deseret Bookshelf Plus service 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 Deseret Bookshelf Plus content. The content that may be available to view may vary by geographic location. Deseret Bookshelf Plus 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.
We continually update the Deseret Bookshelf Plus service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of Deseret Bookshelf Plus content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
You agree to use the Deseret Bookshelf Plus service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Deseret Bookshelf Plus service without express written permission from Deseret Bookshelf Plus and its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Deseret Bookshelf Plus service; use any robot, spider, scraper or other automated means to access the Deseret Bookshelf Plus service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Deseret Bookshelf Plus service; insert any code or product or manipulate the content of the Deseret Bookshelf Plus service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Deseret Bookshelf Plus service, including any software viruses or any other computer code, files or programs.
Deseret Bookshelf Plus software is developed by, or for, Deseret Bookshelf Plus and is designed to enable streaming and viewing of content from Deseret Bookshelf Plus through your internet –connected computers and/or iOS and/or Android devices. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (https://deseretbook.com/legal/eula) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE DESERET BOOKSHELF PLUS AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Deseret Bookshelf Plus service.
We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.

Passwords & Account Access

The member who created the Deseret Bookshelf Plus account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Deseret Bookshelf Plus account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Deseret Bookshelf Plus Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card) associated with their account. You are responsible for updating and maintaining the validity and accuracy of the information you provide to us relating to your account.
In order to provide you with ease of access to your account and to help administer the Deseret Bookshelf Plus service, Deseret Bookshelf Plus implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Deseret Bookshelf Plus service, which includes accessing via mobile devices or website.
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Deseret Bookshelf Plus website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Deseret Bookshelf Plus reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Deseret Bookshelf Plus is not obligated to credit or discount a membership for holds placed on the account by either a representative of Deseret Bookshelf Plus or by the automated processes of Deseret Bookshelf Plus.

Disclaimers of Warranties and Limitations on Liability

THE DESERET BOOKSHELF PLUS SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE DESERET BOOKSHELF PLUS SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. DESERET BOOKSHELF PLUS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE DESERET BOOKSHELF PLUS SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. DESERET BOOKSHELF PLUS SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS AND DESERET BOOKSHELF PLUS SOFTWARE (INCLUDING YOUR DEVICE COMPATIBILITY WITH OUR SERVICE).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL DESERET BOOKSHELF PLUS, OR ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Gifts & Promotions. Gift cards for the Deseret Bookshelf Plus service may be available for purchase at third-party retail outlets and websites, which can be redeemed on our website (https://deseretbook.com/account/subscriptions) The purchase and redemption of gift cards are subject to the gift terms (http://support.deseretbook.com/customer/en/portal/articles/1630347-using-gift-cards-for-product-purchases ). From time to time, other types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Gift cards and promotional codes can only be used once, cannot be redeemed for cash, and may not be combined with other offers, including a free trial, subject to certain restrictions as determined by Deseret Bookshelf Plus in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
Intellectual Property

Copyright. The Deseret Bookshelf Plus service, including all content provided on the Deseret Bookshelf Plus service, is protected by copyright, trademark, trade secret or other intellectual property laws and treaties.
Trademarks. Deseret Bookshelf Plus is a registered trademark of Deseret Book Company

Governing Law. Terms of Use shall be governed by and construed in accordance with the laws of the state of Utah, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
Use of Information Submitted. Deseret Bookshelf Plus is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Deseret Bookshelf Plus service, including the Deseret Bookshelf Plus website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Deseret Bookshelf Plus service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note Deseret Bookshelf Plus does not accept unsolicited materials or ideas for Deseret Bookshelf Plus content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Deseret Bookshelf Plus. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Deseret Bookshelf Plus and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit Deseret Bookshelf Plus Help Center (http://support.deseretbook.com/customer/en/portal/articles/2426598-contacting-customer-service ). In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
Arbitration Agreement

If you are a Deseret Bookshelf Plus member in the United States (including its possessions and territories), you and Deseret Bookshelf Plus agree that any dispute, claim or controversy arising out of or relating in any way to the Deseret Bookshelf Plus service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Deseret Bookshelf Plus are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your Deseret Bookshelf Plus membership.
If you elect to seek arbitration, you must first send to Deseret Bookshelf Plus, by certified mail, a written Notice of your claim ("Notice"). The Notice to Deseret Bookshelf Plus must be addressed to: Business Affairs, Deseret Book Company PO Box 30178, Salt Lake City, Utah 84130 ("Notice Address"). If Deseret Bookshelf Plus initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Deseret Bookshelf Plus, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Deseret Bookshelf Plus and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Deseret Bookshelf Plus may commence an arbitration proceeding.
The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Deseret Bookshelf Plus and you agree otherwise, any arbitration hearings will take place in Salt Lake county Utah.
YOU AND DESERET BOOKSHELF PLUS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Deseret Bookshelf Plus agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Last updated: June 7, 2017