Deseretbook.com Terms of Use


Last updated: July 20, 2017


Welcome to DeseretBook.com! Deseret Book Company ("Deseret Book") provide website features and other products and services to you when you visit or shop at DeseretBook.com, use Deseret Book products or services, use Deseret Book applications for mobile, or use software provided by Deseret Book in connection with any of the foregoing (collectively, "Deseret Book Services"). Deseret Book provides the Deseret Book Services subject to the following conditions.

By using Deseret Book Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Deseret Book Services, and sometimes additional terms may apply. When you use a Deseret Book Service (for example, DeseretBook.com, Deseret Bookshelf Plus or Deseret Book applications) you also will be subject to the guidelines, terms and agreements applicable to that Deseret Book Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice (https://deseretbook.com/privacy), which also governs your use of Deseret Book Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Deseret Book 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 this site 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.

COPYRIGHT

All content included in or made available through any Deseret Book Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Deseret Book or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Deseret Book Service is the exclusive property of Deseret Book and protected by U.S. 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

TRADEMARKS

All imprints, graphics, logos, page headers, button icons, scripts, brands, trade and service names included in or made available through any Deseret Book Service are trademarks or trade dress of Deseret Book in the U.S. and other countries. Deseret Book's trademarks and trade dress may not be used in connection with any product or service that is not Deseret Book's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Deseret Book. All other trademarks not owned by Deseret Book that appear in any Deseret Book Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Deseret Book.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Deseret Book or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Deseret Book Services. This license does not include any resale or commercial use of any Deseret Book Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Deseret Book Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Deseret Book or its licensors, suppliers, publishers, rights holders, or other content providers. No Deseret Book Service, nor any part of any Deseret Book Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Deseret Book.

YOUR ACCOUNT

You may need your own Deseret Book account to use certain Deseret Book Services, and you may be required to be logged in to the account and have a valid payment method associated with it https://deseretbook.com/login You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Deseret Book does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Deseret Book Services only with involvement of a parent or guardian. Deseret Book reserves the right to refuse service, terminate accounts, terminate your rights to use Deseret Book Services, remove or edit content, or cancel orders in its sole discretion.

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. Deseret Book reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Deseret Book 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 Deseret Book 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 Deseret Book for all claims resulting from content you supply. Deseret Book has the right but not the obligation to monitor and edit or remove any activity or content. Deseret Book takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

Deseret Book respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact rights@deseretbook.com

RISK OF LOSS

All purchases of physical items from Deseret Book are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Deseret Book does not take title to returned items until the item arrives at our distribution center. At our discretion, a refund may be issued without requiring a return. In this situation, Deseret Book does not take title to the refunded item. For more information about our returns and refunds, please reach out to service@deseretbook.com

PRODUCT DESCRIPTIONS

Deseret Book attempts to be as accurate as possible. However, Deseret Book does not warrant that product descriptions or other content of any Deseret Book Service is accurate, complete, reliable, current, or error-free. If a product offered by Deseret Book itself is not as described, your sole remedy is to return it in unused condition within 30 days of receipt.

PRICING

We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Deseret Book is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Your credit card will be charged at the time of your purchase.

APP PERMISSIONS

When you use apps created by Deseret Book, such as the Deseret Bookshelf app, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, refer to our legal page https://deseretbook.com/legal/terms

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE DESERET BOOK SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DESERET BOOK 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 SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DESERET BOOK SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DESERET BOOK 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 SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DESERET BOOK 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 SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU OR MADE AVAILABLE BY YOU THROUGH ANY DESERET BOOK SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Deseret Book Service, or to any products or services sold or distributed by Deseret Book or through Deseret Book.com will be resolved by mediation followed by binding arbitration if necessary, rather than in court. The Federal Arbitration Act and federal arbitration laws apply to this agreement. Any such mediation and/or arbitration will take place in Salt Lake City, Utah. Each party will be responsible for their own costs and the cost of the mediator will be divided equally between the parties.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. Notwithstanding any of the previous, the maximum amount Deseret Book can be held liable for any claim is $1,000.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Deseret Book Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Deseret Book.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your use of Deseret Book Services. We reserve the right to make changes to our site, policies, Terms of Use, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Deseret Book Company
PO Box 30178
Salt Lake City, Utah 84130
https://deseretbook.com/contact

ADDITIONAL DESERET BOOK SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Deseret Book Services (the "Deseret Book Software"). Additional information can also be found here: https://deseretbook.com/legal/eula

  1. Use of the Deseret Book Software. You may use Deseret Book Software solely for purposes of enabling you to use the Deseret Book Services as provided by Deseret Book, and as permitted by these Conditions of Use and any 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, create derivative works of, distribute, assign any rights to, or license the Deseret Book Software in whole or in part. All software used in any Deseret Book Service is the property of Deseret Book and is protected by United States and international copyright laws.
  2. 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.
  3. 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.
  4. Updates. We may offer automatic or manual updates to the Deseret Book Software at any time and without notice to you.
  5. Conflicts. In the event of any conflict between these Conditions of Use and any other Deseret Book or third-party terms applicable to any portion of Deseret Book Software, such as open-source license terms, such other terms will control as to that portion of the Deseret Book Software and to the extent of the conflict.