Terms & Conditions


Last Updated: February 2016

Terms and Conditions

Welcome to AudiobookStand.com. AudiobookStand provides website features to you when you visit or shop at AudiobookStand.com (collectively, "AudiobookStand Services"). AudiobookStand provides the AudiobookStand Services subject to the following conditions.

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

We offer a wide range of AudiobookStand Services, and sometimes additional terms may apply. When you use an AudiobookStand Service you also will be subject to the guidelines, terms and agreements applicable to that AudiobookStand 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, which also governs your use of AudiobookStand Services, to understand our practices.

ELECTRONIC COMMUNICATIONS
When you use any AudiobookStand Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, in-app push notices, or by posting notices and messages on this site or through the other AudiobookStand Services. 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 AudiobookStand Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of AudiobookStand 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 AudiobookStand Service is the exclusive property of AudiobookStand and protected by United States and international copyright laws.

LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms and your payment of any applicable fees, AudiobookStand 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 AudiobookStand Services. This license does not include any resale or commercial use of any AudiobookStand Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any AudiobookStand 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 AudiobookStand or its licensors, suppliers, publishers, rightsholders, or other content providers. No AudiobookStand Service, nor any part of any AudiobookStand Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AudiobookStand. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AudiobookStand without express written consent. You may not use any meta tags or any other "hidden text" utilizing AudiobookStand's name or trademarks without the express written consent of AudiobookStand. You may not misuse the AudiobookStand Services. You may use the AudiobookStand Services only as permitted by law. The licenses granted by AudiobookStand terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT
If you use any AudiobookStand Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account. AudiobookStand 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 AudiobookStand Services only with involvement of a parent or guardian. AudiobookStand reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

You will perform under these Conditions of Use as an independent contractor, and these Conditions of Use will not be construed to create a partnership, joint venture, agency, employment, or any other relationship between you and AudiobookStand. You will not represent yourself to be an employee, representative, or agent of AudiobookStand. You will have no authority to enter into any agreement on AudiobookStand’s behalf or in AudiobookStand’s name or otherwise bind AudiobookStand to any agreement or obligation. We may assign these Conditions of Use (or any of our rights and obligations thereunder): (a) to any of our affiliates; or (b) in connection with any merger, consolidation, reorganization, sale of all or substantially all of our assets or any similar transaction.

RISK OF LOSS
All items purchased from AudiobookStand 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.

INTERNATIONAL SALES
The customer is the importer of record for international sales.

RETURNS, REFUNDS AND TITLE
AudiobookStand does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, AudiobookStand does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Form.

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

PRICING
Except where noted otherwise, the List Price or Suggested Price displayed for products on any AudiobookStand Service represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price or Suggested Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price or Suggested Price may be provided by the merchant. Payments received by Amazon are exclusive of any applicable tax.

With respect to items sold by AudiobookStand, 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 AudiobookStand 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. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE AUDIOBOOKSTAND SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUDIOBOOKSTAND SERVICES ARE PROVIDED BY AUDIOBOOKSTAND ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. AUDIOBOOKSTAND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AUDIOBOOKSTAND SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUDIOBOOKSTAND SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE AUDIOBOOKSTAND SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AUDIOBOOKSTAND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUDIOBOOKSTAND DOES NOT WARRANT THAT THE AUDIOBOOKSTAND SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE AUDIOBOOKSTAND SERVICES, AUDIOBOOKSTAND'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM AUDIOBOOKSTAND ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUDIOBOOKSTAND WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY AUDIOBOOKSTAND SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY AUDIOBOOKSTAND SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

DISPUTES
Any dispute or claim relating in any way to your use of any AudiobookStand Service, or to any products or services sold or distributed by AudiobookStand or through AudiobookStand.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

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 and any Service Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, AudiobookStand will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

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 AudiobookStand Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, 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 AudiobookStand.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of AudiobookStand Services. We reserve the right to make changes to our site, policies, Service Terms, 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
AudiobookStand.com
P.O. Box 481
Grand Haven, MI 49417