Welcome to Andrew Luck Book Club. This Website located at www.andrewluckbookclub.com (the "Site") is owned and operated by Andrew Luck Book Club, LLC. Andrew Luck Book Club maintains the Site for your personal entertainment, information, and education. Use of the Site signifies your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms”). If you do not agree to these Terms please do not use this Site. THESE TERMS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. READ THEM CAREFULLY, BECAUSE THEY AFFECT YOUR LEGAL RIGHTS. Andrew Luck Book Club, LLC reserves the right to change these Terms, and your continued use of the Site constitutes agreement to all such changes.
Anyone may participate in Andrew Luck Book Club by simply visiting the Site. Registration is not required.
Andrew Luck Book Club may at any time revise the terms and conditions herein by updating these Terms. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions.
The trademarks, logos, and service marks (the "Trademarks") displayed on the Site, unless otherwise specified, are either the registered and unregistered trademarks of Andrew Luck Book Club's parent entity or used under license. Nothing contained in the Site should be construed as granting by implication or otherwise, any license or right to use any Trademark displayed in the Site without the written permission of Andrew Luck Book Club or any third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, is strictly prohibited. You are hereby also advised that Andrew Luck Book Club will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided for in these terms and conditions or in the text of the Site without the express permission of Andrew Luck Book Club, which neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned or affiliated with Andrew Luck Book Club. You may only download material displayed on the Site for non-commercial, personal use provided you also retain all copyright, trademark and other proprietary notices contained in the material. It is strictly prohibited to modify, transmit, distribute, reuse, re-post, "frame" or use the content of the Site for public or commercial purposes including the text, images, audio and/or video without Andrew Luck Book Club's prior written permission. It is strictly prohibited to download the images of the products recommended for reading within this Site.
Images of people or places displayed in this Site are either the property of, or used with permission by Andrew Luck Book Club. The use of these images by you, or anyone authorized by you, IS PROHIBITED unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the Site or you secure the necessary permission from the rights holder. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post on the Site or any third-party website and/or application using #AndrewLuckBookClub (the “Hashtag”) may be used by Andrew Luck Book Club or its affiliates for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Andrew Luck Book Club is free to use any ideas, concepts, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. You represent and warrant that any content posted by you anywhere using the Hashtag is owned by you and does not violate, misappropriate or infringe on the rights of any third party.
While Andrew Luck Book Club uses reasonable efforts to include accurate and up-to-date information on the Site, Andrew Luck Book Club makes no warranties or representations as to its accuracy, nor does Andrew Luck Book Club assume any liability or responsibility for any errors in the content of the Site.
Andrew Luck Book Club also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in, the Site or your downloading of any materials, data, text, images, video or audio from the Site.
Andrew Luck Book Club has not reviewed all of the sites linked to the Site, is not responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to any other off-Site pages or other sites is at your own risk and the fact that there is a link to Andrew Luck Book Club site should not be construed as an endorsement of either the linked Site’s content or sponsors.
Your use of and browsing in the Site are at your own risk. Neither Andrew Luck Book Club nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of the Site. Without limitation, everything on the Site is provided to you "AS IS" without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANDREW LUCK BOOK CLUB, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SITE; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ANDREW LUCK BOOK CLUB, LLC EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID ANDREW LUCK BOOK CLUB, LLC, IF ANY, IN THE PAST SIX MONTHS FOR THE SITE GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT ANDREW LUCK BOOK CLUB, LLC ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend (at Andrew Luck Book Club, LLC's request), indemnify and hold Andrew Luck Book Club, LLC harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Site or those conducted on your behalf): (i) any content you post on a third-party website and/or application using the Hashtag or otherwise associated with Andrew Luck Book Club, LLC or your access to or use of the Site; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Instagram in the defense of any claim. Andrew Luck Book Club, LLC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Andrew Luck Book Club, LLC.
These Terms and any action related thereto will be governed by the laws of the State of California without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Site will be brought solely in the federal or state courts located in Los Angeles County, California, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
If you are a federal, state, or local government entity in the United States using the Site in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).
You and Andrew Luck Book Club, LLC agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to: the Site; any transaction or relationship between us resulting from your use of the Site; the purchase, order, installation, or use of Andrew Luck Book Club, LLC’s products or services; or communications between us; will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Andrew Luck Book Club, LLC further agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration. You and Andrew Luck Book Club, LLC further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If Andrew Luck Book Club, LLC is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Andrew Luck Book Club, LLC. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Andrew Luck Book Club, LLC and may not preside over any kind of representative or class proceeding against Andrew Luck Book Club, LLC. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST Andrew Luck Book Club, LLC IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE THE SITE OR ANDREW LUCK BOOK CLUB, LLC’S PRODUCTS, AND RETURN THE PRODUCT (UNOPENED AND UNUSED) FOR A REFUND IN ACCORDANCE WITH ANDREW LUCK BOOK CLUB, LLC’S RETURN POLICY WITHIN 30 DAYS OF YOUR FIRST ORDER OF ANY OF ANDREW LUCK BOOK CLUB, LLC’S PRODUCTS. Except as otherwise provided in this Agreement, if any provision of this Agreement is declared or found to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void and the remainder shall remain fully enforceable.
The failure of Andrew Luck Book Club, LLC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
This policy is effective as of: April 1, 2016