Welcome to AudiobookSTORE.com. DME MEDIA LLC, A MISSOURI LIMITED LIABILITY COMPANY D/B/A AUDIOBOOKSTORE.COM (“AudiobookSTORE”) OFFERS THIS WEBSITE, WEB APPLICATION AND MOBILE APPLICATION (collectively, the “Website”) TO YOU SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (“Terms”). PLEASE READ THE FOLLOWING TERMS RELATING TO YOUR USE OF OUR WEBSITE CAREFULLY. YOUR USE OF THIS WEBSITE SHALL BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS OF USE SET FORTH BELOW. AudiobookSTORE reserves the right, in its sole discretion, to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for changes. By using this Website after we post any changes to these Terms, you agree to accept those changes, whether or not you have reviewed them. PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, INCLUDING THE MANDATORY ABRITRATION PROVISION AND CLASS ACTION WAIVER (UNDER SECTION HEADER “DISPUTES”), THEN YOU MAY NOT ENGAGE IN THE SERVICES OR USE PRODUCTS MADE AVAILABLE THROUGH THE SERVICES OR OTHERWISE.
IMPORTANT – READ CAREFULLY: This is a legal agreement between you and AudiobookSTORE. By using this Website, engaging in AudiobookSTORE’s services, placing an order for products or participating in related communications, you agree to be and hereby are bound by the terms and conditions of these Terms. If you do not agree to these Terms, you may not access, engage, or in any way use the Website or any related services.
General Use Restrictions
AudiobookSTORE or third parties granting rights to AudiobookSTORE hold all right, title, and interest in and to the materials on this Website, which are the copyrighted work of AudiobookSTORE or such third parties. AudiobookSTORE grants you a limited, personal, non-exclusive, non-sublicensable and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with this Website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title, or interest (and no copyright, trademark or other intellectual property right) in or to the Website or any materials and you agree not to “frame” or “mirror” the Website, any material contained on or accessible from this Website on any other server or Internet-based device without the advanced written authorization of AudiobookSTORE.
In AudiobookSTORE’s efforts to promote good citizenship within the Internet community, if AudiobookSTORE becomes aware of inappropriate use of the Website or any of its Services (defined below), AudiobookSTORE will respond in any way that, in its sole discretion, AudiobookSTORE deems appropriate. You acknowledge that AudiobookSTORE will have the right to report to law enforcement authorities any actions that might be considered illegal, as well as any reports it receives of such conduct. When requested, AudiobookSTORE will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
By visiting AudiobookSTORE’s Website, engaging in or downloading the books/products offered and tracked through this Website and/or purchasing products from us, you engage in our services (collectively “Services”) and agree to be bound by these terms and conditions, including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and players.
You may neither use AudiobookSTORE’s products or Services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature to AudiobookSTORE. A breach or violation of any of the Terms will result in an immediate termination of your Services.
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given AudiobookSTORE your consent to allow any of your minor dependents to use this Website. We do not target our Website to persons less than 18 years of age, although our products can be used by them. When children aged under 18 use our products, we recommend that they obtain permission from a parent or guardian.
Password/Login Information
Use of this Website might require you to provide certain registration details, payment or other information to create an account (“Account”). You may view content on the Website without registering, but as a condition of using certain aspects of the Website, you will be required to register with AudiobookSTORE and select a username (“User ID”) and password. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. AudiobookSTORE reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your Account and shall be responsible for maintaining the confidentiality of your password for the Website. You shall never use another User account and will immediately notify AudiobookSTORE in writing of any unauthorized use of your account, or other known account-related security breach. You agree that all information you provide to register an Account or otherwise is governed by AudiobookSTORE’s Privacy Notice. AudiobookSTORE has the right to disable any Account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS WEBSITE THAT OCCURS UNDER YOUR LOGIN AND PASSWORD, WHETHER OR NOT THIS ACCESS IS AUTHORIZED BY YOU INCLUDING ALL COMMUNICATION, TRANSMISSIONS AND PURCHASES THAT OCCUR DURING THIS ACCESS OR USE.
Notify AudiobookSTORE immediately if there is a concern about the integrity and confidentiality of your account login or password.
Account Terms
By creating an Account you can access or view the prices, product inventories, and submit orders electronically. You are responsible for using the Website in a private and secure manner. We will not be liable for any damage or loss caused from any unauthorized Account access resulting from your actions, such as not logging out of the account or sharing your account password. We reserve the right to refuse registration or cancel an account at any time.
Acceptable Use
You shall not do any of the following or permit any other third parties to do any of the following:
(a) Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law, including without limitation, export control laws and regulations;
(b) Post or transmit any information or software that the sender is aware contains a virus, worm, or other harmful component;
(c) Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
(d) Account sharing, including, without limitation, letting third parties use your account and password.
User Submitted Content
You are solely responsible for the photos, profiles (including your name, image, and likeness), reviews, messages, notes, text, information and other content that you upload, publish or display (hereinafter, “post”) on or through this Website, or transmit to or share with other users (collectively the “User Content”). You may not post, transmit, or share User Content on the Website that you did not create or that you do not have permission to post. You understand and agree that AudiobookSTORE may, but is not obligated to, review the Website and may delete or remove (without notice) any Website content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of AudiobookSTORE violates this provision, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Website or provide to AudiobookSTORE. You agree that under no circumstances will AudiobookSTORE be liable in any way for any loss or damage to any content or photos you post, e-mail, or otherwise make available to AudiobookSTORE.
When you post User Content to the Website, you authorize and direct AudiobookSTORE to make such copies thereof as AudiobookSTORE deems necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of this Website, you automatically grant, and you represent and warrant that you have the right to grant to AudiobookSTORE an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with this Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. AudiobookSTORE reserves the right to modify, translate, republish, reproduce, and/or distribute any and all User Content and photos submitted through the Website.
In connection with User Content, you further agree that you will not: (i) submit or upload material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant AudiobookSTORE all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage AudiobookSTORE or any third party; (iii) submit material that is unlawful, obscene, abusive, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) create or submit unwanted email (“Spam”); or (vi) impersonate another person. AudiobookSTORE does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Content. AudiobookSTORE does not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and AudiobookSTORE will remove all User Content if properly notified that such User Content infringes on another’s intellectual property rights. AudiobookSTORE may terminate your access to the Website if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Content removed from the Website more than twice. AudiobookSTORE also reserve the right to decide whether User Content is appropriate and complies with these Terms for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. AudiobookSTORE may remove such User Content and/or terminate your access for uploading such material in violation of these Terms at any time, without prior notice and at AudiobookSTORE’s sole discretion.
Modification of these Terms & Conditions
AudiobookSTORE reserves the right to change or modify any of the terms contained in these Terms & Conditions, at any time. Any such modifications or changes will immediately become effective upon posting of such changes. Your continued access or use of this Website will imply your full acceptance of the same. You are therefore responsible for regularly reviewing these Terms & Conditions and additional terms or notices posted on the Website.
Payment and Purchases
You agree to pay the full price for all products you purchase directly from our Website. You are responsible for the timely payment of all fees and for providing us with a valid credit card account details for payment of all fees. Accepted forms of payment include most major credit cards (VISA, MASTERCARD, AMERICAN EXPRESS, and DISCOVER), Apple Pay, Google Pay and Amazon Pay, for the Services. You represent and warrant that (i) the credit card or other payment information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card or other payment method for purchases, (iii) charges incurred by you will be honored by your credit card company, and (iv) AudiobookSTORE is authorized to charge you for any paid feature of the Service you choose to sign up for or use while these Terms are in force. You should be aware that AudiobookSTORE uses a third-party payment processor (the “Payment Processor”) to link AudiobookSTORE to your credit card account or other payment method. The processing of payments or credits, as applicable, in connection with your use of the Services will be subject to the terms, conditions, and privacy policies of the Payment Processor and your credit card issuer in addition to these Terms. AudiobookSTORE is not responsible for any errors by the Payment Processor or your credit card issuer. You agree to make payment using that selected payment method, but if the Payment Processor is not able to charge your preferred payment method, you authorize us to use any payment method stored on record for your Account.
If you purchase products through this Website or otherwise from AudiobookSTORE, your order of the products is an offer to purchase the products. The purchase price for such product (“Purchase Price”) will be equal to the purchase fee listed on the Website for the applicable product at the time of purchase. AudiobookSTORE, at its discretion and without notice, reserves the right to alter the price of a product, the amount or availability of any discount, or the availability of any particular product. Certain products, may only be available for purchase with a specific Subscription.
Electronic Communications
By visiting our Website or sending emails to us, you will be communicating electronically with us. By initiating such electronic communication you agree to receive such communications from us electronically. You acknowledge that your electronic submissions constitute your agreement and your acceptance to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all transactions you enter into on the Website, and all records including notices of cancellation, policies, contracts, and applications. For further information please refer to our PRIVACY POLICY.
Intellectual Property
Unless otherwise noted, this Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (collectively “Contents”), are owned by AudiobookSTORE, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms permit you to use this Website for your personal, non-commercial use only. You may download or copy Contents from our Website for your personal, non-commercial use only. No right, title or interest in any Contents is transferred to you as a result of any such downloading or copying. You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without AudiobookSTORE’s express written consent. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or of this Website. Unauthorized use of the Contents is expressly prohibited by law and may result in civil and criminal penalties.
AudiobookSTORE respects the copyright rights of others. In appropriate circumstances and at our discretion, we may remove, suspend, terminate access, or take other appropriate action against users or other third parties who infringe or repeatedly infringe the copyright rights of others. Therefore, if you reasonably believe that any material accessed using this Website or mobile device application contains unauthorized reproductions of your copyrighted work or otherwise infringe an exclusive copyright right, and you reasonably believe it is appropriate to notify us to take any action/and you want us to take any action, then, as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512), (“DMCA”), you must promptly provide in writing the following information to our Designated Agent: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address; (v) statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (vi) a statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Designated Agent for AudiobookSTORE’s Website is as follows:
AudiobookSTORE
Attn: DMCA Complaints
E-mail content@audiobookstore.com
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(C)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS SECTION IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER DMCA AND WE DO NOT REPRESENT ANY RELATED UNDERTAKING BY AUDIOBOOKSTORE NOT OTHERWISE EXPRESSLY REQUIRED BY APPLICABLE LAW.
The trademarks, logos, and service marks, including those products denoted with ™, ©, or ®, as well as pictures, graphs, or photographs of products, persons, or other objects (collectively, the “Trademarks and/or Images”) displayed on this Website are registered and unregistered trademarks of AudiobookSTORE, its affiliates, and third parties. If a Trademark and/or Image is owned by a third party, AudiobookSTORE or its affiliate has obtained permission from such third party to use the third-party Trademark and/or Image on this Website. Nothing contained in this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks and/or Images without the express written permission of AudiobookSTORE, its affiliate, or the applicable third party. Your misuse of the Trademarks and/or Images on the Website and in its contents, except as provided in these Terms, is strictly prohibited. You are advised that AudiobookSTORE will aggressively enforce its intellectual property rights over the Website and its contents to the fullest extent of the law, including the pursuit of criminal sanctions.
Promotions, Memberships, Gifts and Special Offers
Promotional offers (such as the FlexPass™ introductory offer) are available for one-time use to new AudiobookSTORE customers only. Customers who join a Membership plan (such as FlexPass™) agree to recurring fees that will be automatically charged to the customer's credit card on the date their membership renews. Customers may cancel their membership at any time by choosing the "Cancel FlexPass" link on their "My Account" page.
Gift and Gift Certificate purchases are non-refundable, but may be assigned to another recipient by the original purchaser, provided it has not already been used or applied to an account. Contact Customer Care for more details
AudiobookSTORE FlexPass™ Membership Terms
AudiobookSTORE FlexPass™ Membership customers agree to pay a recurring monthly fee by credit card, and permits AudiobookSTORE to charge their credit card for said membership fees and any applicable tax, until the account is cancelled online by the customer, or by Customer Care on behalf of the customer. Membership fees, including FlexPass™ pricing and limited time offers, are subject to change at AudiobookSTORE's discretion.
- FlexPass™ Membership Plan: FlexPass™ Membership customers pay a recurring monthly fee of $9.95 for access to exclusive member only audiobook discounts. This fee is automatically charged to the customer's credit card every 30 days (on the renewal date) until the customer cancels. Cancellation of membership is immediate, and all membership benefits discontinue as of the moment the customer cancels. Customers who have cancelled may resume their membership benefits at any time by choosing one of the various "Resume" options throughout the Website. In doing so, the customer's credit card will be charged immediately for the first month of resumed FlexPass™ membership in order to allow immediate access to member benefits. Thereafter, automatic recurring membership fees will again be charged on a 30-day cycle (on the renewal date).
- Audiobook Refunds: Any FlexPass™ Membership customer who is not completely satisfied with their audiobook purchase may contact Customer Care regarding a refund within 14 days of the purchase date. Refunds will generally be applied in the form of a credit in the amount of the original purchase, to be applied toward the purchase of a different audiobook. AudiobookSTORE reserves the right, at its sole discretion, to limit the number of refunds allowed by each customer, including (but not limited to) cases where AudiobookSTORE suspects potential abuse by a customer of its refund policy.
- Membership Fee Refunds: FlexPass™ Membership fees are non-refundable. AudiobookSTORE at its sole discretion, may issue a credit (“Credit”, “Credits”) redeemable for content found on AudiobookSTORE, if they determine a particular situation or circumstance warrants. Credits may only be redeemed on AudiobookSTORE, have no cash value, are non-transferrable, and are non-refundable. All Credits are valid for six months from the date of issuance. Credits expire immediately upon permanent account deletion (which occurs only upon customer request). Cancelling your FlexPass™ Membership has no impact on Credits applied to your account.
Disclaimer of Warranty/Limitation of Liability
This Website and related information is provided by AudiobookSTORE on an "as is" and "as available" basis. AudiobookSTORE makes no express or implied warranties, representations or endorsements of any kind, or as to the operation of this Website or the information, content, materials, or products included on this Website. You expressly agree that your use of this Website is at your sole risk. To the full extent permissible by applicable law, AudiobookSTORE disclaims all warranties, express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose. AudiobookSTORE does not warrant that this Website, its servers, or email sent from Website are free of viruses or other harmful components. AudiobookSTORE will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
AudiobookSTORE uses reasonable efforts to include accurate and up-to-date information on this Website. AudiobookSTORE assumes no liability or responsibility for any typographical or other errors or omissions in the content of this site. In the event that a product is listed at an incorrect price or with other incorrect information, AudiobookSTORE shall have the right to refuse or cancel any orders placed for the product listed incorrectly.
All prices displayed on AudiobookSTORE are in US Dollars (USD) unless otherwise noted. You understand that additional currency conversion fees or charges, as well as exchange rates, may be applied to your purchase by your credit card company or bank if you reside outside of the United States. These fees will not be noted on this Website, but may appear on your bank or credit card statement. AudiobookSTORE will not be liable for any currency conversion or exchange rate fees or charges of any kind arising from the use of this site.
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 may have additional rights.
Third Party Links
For your shopping convenience AudiobookSTORE may provide links to third party websites operated by other entities on the Website. If you use such third party sites, you will leave this Website. AudiobookSTORE does not make any warranty or representation regarding, and does not endorse, any linked websites or the information appearing thereon or any of the products or services described thereon. Any third party links do not imply that AudiobookSTORE sponsors, endorses, is affiliated or associated with any linked third party websites.
You acknowledge that AudiobookSTORE is providing these links to you only as a convenience, and you agree that AudiobookSTORE is not responsible for the content or links displayed on such websites to which you may be linked. Your interactions with organizations and/or individuals found on or through the Website are solely between you and such organizations and/or individuals.
You agree that AudiobookSTORE shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third-party organizations or individuals. If there is a dispute between participants on this Website, or between users and any third-party, you understand and agree that AudiobookSTORE is under no obligation to become involved. If you have a dispute with one or more users, you hereby release AudiobookSTORE from any and all liability associated with such dispute.
Applicable Law
By visiting the website, you agree that the laws of the state of Missouri, without regard to principals of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and AudiobookSTORE.
Disputes
PLEASE READ THE BELOW SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS AND CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Except for any claim or dispute in which either party seeks to bring an individual action in small claims court, you and AudiobookSTORE waive your rights to: (a) a trial by jury; and (b) to having any claim or dispute arising out of or related to the Terms, Services or the products purchased through the Services or otherwise resolved in court. Instead, you and AudiobookSTORE agree to resolve any claim or dispute arising out of these Terms, the Services or the products purchased through the Services or otherwise through final and binding individual, confidential arbitration. The American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Arbitration Rules. The arbitration will be held in St. Louis, MO, or any other location AudiobookSTORE agrees to.
All claims and disputes arising out of or related to the Terms, Services or the products purchased through the Services or otherwise must be arbitrated on an individual, and not a class, basis. Claims of more than one user cannot be brought or arbitrated jointly or consolidated with those of any other user. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
To initiate an arbitration proceeding, you must send a notice requesting arbitration and describing your claim to 6209 Mid Rivers Mall Dr., Suite 303, St. Peters, MO 63304. If you or AudiobookSTORE decides to pursue arbitration, the action must be initiated within the applicable statute of limitations for such claim. The AAA rules will govern payment of all arbitration fees. The costs and fees of arbitration shall be allocated in accordance with the arbitration provider’s rules, including rules regarding frivolous or improper claims and AudiobookSTORE does not waive the right to seek its attorneys’ fees and costs in arbitration.
If any part of the mandatory arbitration provisions contained in this Disputes Section are found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class or representative arbitration, the mandatory arbitration provisions contained in this Disputes Section will be unenforceable in its entirety. If you are found to have a non-waivable right to bring a particular claim or to request a particular form of relief that the arbitrator lacks authority to redress or award according to the mandatory arbitration provisions contained in this Disputes Section, including public injunctive relief, then only that respective claim or request for relief may be brought in court, and you and we agree that litigation of any such claim or request for relief shall be stayed pending the resolution of any individual claim(s) or request(s) for relief in arbitration. AudiobookSTORE reserves all rights and remedies available to it, in law or equity, with respect to any matter relating to these Terms.
Opt-out. You may opt out of the mandatory arbitration provisions in this Disputes Section. If you do so, neither you nor AudiobookSTORE can force the other to arbitrate. To opt out, you must notify AudiobookSTORE in writing no later than 30 days after first becoming subject to these Terms; otherwise you shall be bound to arbitrate disputes on an individual basis in accordance with these Terms. Your notice must include your name and address and an unequivocal statement that you want to opt out of the mandatory arbitration provisions in these Terms. You must either mail your opt-out notice to this address: AudiobookSTORE, Attn: Arbitration Opt-out, 6209 Mid Rivers Mall Dr., Suite 303, St. Peters, MO 63304, or email the opt-out notice to content@audiobookstore.com.
Indemnification
You agree to indemnify, defend and hold harmless AudiobookSTORE.com, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third party information provider to the Website from and against all losses, expenses, damages and costs, including attorney's fees, arising out of your use of this Website, including but not limited to any use of this Website that is not authorized by these Terms and any claim from a third party that your use of this Website violates any applicable law or regulation. In addition, you will pay any judgment awarded against AudiobookSTORE or any settlement agreed to by you, and any authorized expenses incurred by AudiobookSTORE. AudiobookSTORE reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with AudiobookSTORE in asserting any available defenses.
Other Provisions
AudiobookSTORE.com's failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.
Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.
AudiobookSTORE may assign its rights and duties under these Terms to any party at any time without notice to you.
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 or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
For questions, comments or concerns related to these Terms please feel free to contact us via email or mail:
Send mail to:
AudiobookSTORE
Attn: Customer Service
6209 Mid Rivers Mall Dr.
Suite 303
St. Peters, MO 63304