DME Media LLC, a Missouri limited liability company d/b/a AudioBookSTORE.com (“AudiobookSTORE”) recognizes that privacy is important and is committed to maintaining the privacy of personal information collected at its websites and/or on its mobile applications (respectively, the “Site” and the “App”) as well as offline where notice is legally required. This Privacy Notice describes the Personal Information that AudiobookSTORE collects and the uses that AudiobookSTORE will make of that Personal Information. By providing Personal Information to AudiobookSTORE, you agree to the terms and conditions of this Privacy Notice.

“Personal Information” is information that identifies you as an individual. Personal information includes:

• Name;
• Email address;
• Purchase history; and
• Passwords.

AudiobookSTORE collects personal information when you participate in various opportunities that we provide, for example:

• When you create an account on a AudiobookSTORE Site or App for any purpose;
• When you register for subscriptions, forums, or other communications through a AudiobookSTORE Site or App, Facebook, Instagram, Twitter, or any other social media or web application;
• When you order a product or service through the Site or App, social media or any other web application;
• When you make a request;
• When you make a payment through the Site or App;
• When you participate in a contest, promotion, sweepstakes, survey or other promotion;
• When you participate in a blog or forum or write an article or review; and
• When we conduct market research or when we meet you at a social event, trade show, or other event.

AudiobookSTORE needs to collect Personal Information to provide requested services and functionality to you. If you do not provide the information requested, we might not be able to provide the services and functionality offered by the Site and App. If you disclose any Personal Information relating to other people to us or to our service providers in connection with your use of the Site or App, you represent that you have the authority to do so and permit us to use the information in accordance with this Privacy Notice.

We may combine Personal Information that we collect about you with Personal Information you provide to us through other sources, such as product registrations, inquiries or marketing events. We will use the combined Personal Information in accordance with this Privacy Notice for as long as it is combined.

AudiobookSTORE and its service providers use Personal Information for its business purposes, including to:

• Fulfill and respond to your requests and inquiries.
• Communicate with you regarding our services and provide you with related customer service.
• Send you important information regarding our websites, changes to our terms, conditions and policies and/or other administrative information.
• Allow you to communicate and interact with others through the Site (for example through a blog, message board, messaging functionality, chat functionality, profile or other social media). By using this functionality, you are telling AudiobookSTORE that you are entitled to use and provide to AudiobookSTORE other individuals name, email address and social media account information.

We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.

• Send you email alerts, text messages and other written or electronic communications.
• Personalize your experience by presenting products and offers tailored to you.
• To better understand you and personalize our interactions with you.
• Send marketing communications that we believe may be of interest to you.

We will engage in this activity with your consent or where we have a legitimate interest.

• Allow you to participate in sweepstakes, contests and similar promotions and to administer these activities.
• Permit you to register and participate in forums and other events with AudiobookSTORE.

We will use Personal Information in this way to manage our contractual relationship with you or with your consent.

• Achieve AudiobookSTORE’s business purposes.
• For data analysis, audits, researching and enhancing the Site and App, improving AudiobookSTORE’s services, developing marketing events and identifying usage trends.

We will engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, to determine the effectiveness of marketing activities and/or because we have a legitimate interest to do so.

We may also use Personal Information as we believe to be necessary or appropriate: (a) to comply with applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including those outside your country of residence; (d) to enforce AudiobookSTORE’s terms and conditions; (e) to protect AudiobookSTORE’s operations; (f) to protect AudiobookSTORE’s rights, privacy, safety or property, you or others; and (g) to allow AudiobookSTORE to pursue available remedies or limit the damages that we may sustain.

Your Personal Information might be disclosed:

• Within AudiobookSTORE for the purposes described in this Privacy Notice.
• To AudiobookSTORE third-party service providers.

Such third parties provide services such as website hosting, data analysis, payment processing, order fulfillment, product distribution, infrastructure provision, IT services, customer service, email delivery services, credit card processing, auditing services and other similar services to enable them to provide services.

• To third parties such as agents and distributers to facilitate the sale and distribution of AudiobookSTORE services which may include marketing communications.
• To identify you to anyone to whom you send messages through the Site or App.
• To a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of AudiobookSTORE business, assets or stock (including in connection with any bankruptcy or similar proceedings).
• By you, when you participate in features on a AudiobookSTORE Site or App that provide the opportunity to interact with AudiobookSTORE and others (for example a blog, message board, messaging functionality, chat functionality, profile or other social media).

When you use these features you should be aware that any information you submit, including your name, location and e-mail address, might be publicly available to others. We are not responsible for any information you choose to submit through these features and we strongly discourage you from disclosing any sensitive Personal Information (such as credit card information) through these features. If you use these features, your Personal Information may remain on the Site or App even after you cease use of the Site or App.

As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce AudiobookSTORE terms and conditions; (e) to protect AudiobookSTORE operations; (f) to protect AudiobookSTORE rights, privacy, safety or property, you or others; and (g) to allow AudiobookSTORE to pursue available remedies or limit the damages that we may sustain.

“Other Information” is any information that does not reveal your specific identity or relate to you as an identifiable individual. Other Information is anonymous data.

Other Information includes:

• Browser information;
• Information collected through cookies, pixel tags and other technologies;
• Demographic information and other information provided by you;
• Aggregated information;
• Physical location.

AudiobookSTORE and AudiobookSTORE’s third-party service providers may collect Other Information in a variety of ways, including:

• Through your browser or mobile device.

Certain information is collected by most browsers and devices, such as your Media Access Control (MAC) address, computer type, screen resolution, operating system version, device manufacturer and model and Internet browser type and version.

• Through your use of an App.

When you download and use an App, we and our service providers may track and collect App usage data, such as your location, or the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.

• Through your use of an App, connected device or vehicle, including unmanned aerial vehicles.

The physical location of your device and its associated date and time is collected by satellite, cell phone tower, Wi-Fi signals or other technologies. We may use your device’s physical location to provide you with personalized location-based services and content. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, we and/or our partners may not be able to provide you with the applicable personalized services and content.

• From you.

Information such as your location as well as other information, such as your preferred means of communication, is collected when you voluntarily provide this information. Unless combined with Personal Information, this information does not personally identify you or any other user of the Site or App.

• By aggregating information.

Aggregated Personal Information does not personally identify you or any other user of the Site or App. For example, we may use Personal Information to calculate the percentage of AudiobookSTORE users who have a particular telephone area code or who use an Android device or an iOS device.

Because Other Information does not personally identify you, we may use and disclose Other Information for any purpose. If we are required to treat Other Information as Personal Information under applicable law, then we use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Privacy Notice.

In some instances, we combine Other Information with Personal Information, such as combining your name with your geographical location. If we combine any Other Information with Personal Information, such as when we combine information you provide upon registration with Other Information to provide you with personalized marketing, the combined information will be treated by AudiobookSTORE as Personal Information.

Your “IP Address” is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (“ISP”).

An IP Address is identified and logged automatically in AudiobookSTORE server log files whenever a user visits the Site, along with the date and time of the visit and the page(s) that were visited. The amount of information sent by your web browser depends on its settings. Please refer to your browser if you want to learn what information it sends. Collecting IP Addresses is standard practice on the Internet and is done automatically by many web sites.

AudiobookSTORE uses IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, administering the Site and presenting content that is tailored to your country. We use this type of information to see which web pages you visit at the Site, which website you visited before coming to the Site, and where you go after you leave the Site. We can then develop statistics that help us understand how our visitors use the Site and how we can improve it.

We may also use and disclose IP Addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP Addresses, server log files and related information as Other Information, except where we are required to do otherwise under applicable law.

This Privacy Notice does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including the further use of Personal Information and Other Information by any third party operating any site to which the Site or the App contains a link. The inclusion of a link on the Site or the App does not imply endorsement of the linked site by AudiobookSTORE. We are not responsible for the information collection, use, disclosure or security policies or practices of any app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Site or the Apps. This Privacy Notice applies only to information collected on this Site and Appp and not to information collected on linked sites. We encourage you to be aware when you leave this Site and to read the privacy notices of each and every linked website that collects your personal information.

AudiobookSTORE does not currently follow or respond to browser do-not-track signals.

AudiobookSTORE uses reasonable organizational, technical and administrative measures to protect Personal Information under AudiobookSTORE control. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure and we cannot guarantee the absolute security of your Personal Information. If you suspect or have reason to believe that your interaction with AudiobookSTORE is no longer secure, immediately notify us of the problem by any means described in the Contacting AudiobookSTORE section below.

If you would like to request to review, correct, update, suppress or delete, or object to, restrict or otherwise limit AudiobookSTORE use of, your Personal Information that has been previously provided to AudiobookSTORE, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law) you can contact us via email at customercare@audiobookstore.com.

In your request, please make clear what information you would like to have changed, whether you would like to have your Personal Information suppressed from a AudiobookSTORE database or otherwise let AudiobookSTORE know what limitations you would like to put on AudiobookSTORE use of your Personal Information. We will try to comply with your request as soon as reasonably practicable and in accordance with applicable law.

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or allowed by law.

The criteria used to determine our retention periods include:

• The length of time we have an ongoing relationship with you and provide requested services to you;
• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).

AudiobookSTORE is committed to protecting the privacy needs of children and we encourage parents and guardians to take an active role in their children’s online activities. AudiobookSTORE does not target the Site or the App to children less than 18 years of age or knowingly collect Personal Information from children for the purpose of selling products or services.

Your Personal Information might be stored and processed in any country where we have facilities or where we have engaged a service provider, including to the United States, which may have different data protection rules than in your country.

If you are located in the European Economic Area (“EEA”): Some non-EEA countries are recognized by the European Commission (“EC”) as providing an adequate level of data protection according to EEA standards. For transfers from the EEA to countries not considered adequate, we have put in place adequate measures, such as standard contractual clauses adopted by the EC to protect your Personal Information.

Depending on the laws of your local jurisdiction, you may have certain rights and additional choices with respect to your information. For example, laws outside the United States (e.g., the United Kingdom, France, Germany and other EU countries) provide individuals in such locations the right to ask us to:

• obtain confirmation of whether we hold personal information about them, and receive information about how it is used and disclosed;
• obtain a copy of the personal information, and in some cases, receive it in a structured, commonly used and machine-readable format, or have it be transmitted to a third party in such form;
• update, correct or delete the information;
• object to the use or disclosure of the information;
• withdraw consent previously provided for the handling of the information (without affecting the lawfulness of prior use and disclosure of the information, or of uses and disclosures for which the law does not require consent); and
• obtain a restriction on the use of the information.

For example, individuals whose personal information is subject to the General Data Protection Regulation (“GDPR”) have an absolute right to opt out of our handling of their personal information for direct marketing purposes.

Many of the rights described above are subject to limitations or exceptions under applicable law.

To exercise these rights, except for the right to correct your personal information, please contact us at email customercare@audiobookstore.com or write to the following address: AudiobookSTORE.com, 6209 Mid Rivers Mall Dr., Suite 303, St. Peters, MO 63304. If you wish to exercise your right to correct your personal information, or raise a complaint on how we have handled your personal information, please contact us at email customercare@audiobookstore.com. Individuals also have a right to file a complaint with the relevant supervisory authority, but we invite you to kindly first give us an opportunity to address your concern.

We ask that you not send AudiobookSTORE, and you not disclose, any sensitive Personal Information (for example, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership) on or through the Site or App or otherwise to AudiobookSTORE.

We may change this Privacy Notice. View the “LAST UPDATED” legend at the top of this page to see when this Privacy Notice was last revised. Any changes to this Privacy Notice will become effective when we post the revised Privacy Notice on the Site or App. Your use of the Site or App following these changes means that you accept the revised Privacy Notice.

If you have questions about this Privacy Notice, contact us via email at customercare@audiobookstore.com or write to the following address:

AudiobookSTORE.com
6209 Mid Rivers Mall Dr.
Suite 303
St. Peters, MO 63304

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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:

AudiobookSTORE
Attn: Customer Service
6209 Mid Rivers Mall Dr.
Suite 303
St. Peters, MO 63304