Terms and Conditions
1. Our Service
The J. Michaud Archive exists to preserve, publish, and distribute the writings of Jean Michaud for use by students, scholars, and researchers. No membership or registration is required to use this Site, and it is open to all members of the general public. We host and make Michaud’s writings available for free as downloadable pdfs and for sale in print editions. You are, however, in no way obligated to purchase anything from us: all content that is available for sale is also freely available to you on this Site.
2. Intellectual Property Rights
All of the content on, or made available through, this Site — including but not limited to text, graphics, software, and downloadable files (collectively, the “Content”) — is the exclusive property of the J. Michaud Archive and/or its licensors, vendors, and content providers. All Content is protected by copyright, trademark, and other intellectual property laws. You may view or download this Content for your own personal, non-commercial use only; but you may not remove any copyright, trademark, or other proprietary notices from our Content; nor may you copy, distribute, transmit, display, perform, reproduce, publish, license, create derivate works from, transfer, or sell our Content.
3. Site Access License
You are granted a limited, non-exclusive, non-transferable, revocable license to access and make use of this Site strictly in accordance with these Terms. As a condition of your use of this Site, you agree that you will not use this Site for any purpose that is unlawful or prohibited by these Terms; or in any manner that could damage, disable, overburden or impair this Site, or interfere with any other party’s use and enjoyment of it. This license does not include any resale or commercial use of this Site or our Content. You may not reproduce, duplicate, copy, sell, resell, visit or otherwise exploit for commercial purpose any portion of this Site or our Content without our express, prior written consent. You may not frame or utilize framing techniques to enclose any of our Content or other protected information on a networked computer environment; nor may you use any meta-tags or other “hidden text” that uses our name or trademarks. Any use of this Site or our Content that violates these Terms automatically terminates any and all permissions and/or licenses granted to you by us.
4. Termination and Access Restriction
We reserve the right, in our sole discretion, to terminate your access to this Site and our Content as well as any related services or any portion thereof at any time, without notice. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the J. Michaud Archive as result of these Terms or use of this Site. Unless otherwise specified herein, these Terms constitute the entire agreement between you and the J. Michaud Archive with respect to this Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written. A printed version of these Terms and of any notice given in electronic format shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Failure to enforce any right or provision of these Terms will not constitute a waiver of such or any other provision by the J. Michaud Archive. We will not be responsible for failures to fulfill any obligations due to causes beyond our control. These Terms and all related documents shall be written in English.
6. Disclaimer and Limitation of Liability
Your use of this Site is at your own risk! Everything on or available through this Site is provided “as is,” without warranty of any kind, either expressed or implied: including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties as to the suitability, reliability, timeliness, or accuracy of any of the Content on this Site for any purpose. We do not warrant that any of the functionalities contained on this Site will be uninterrupted or error-free, that defects or errors will be corrected, or that this Site or the server that makes this Site and our Content available to you are free from viruses or other harmful components. We do not warrant or make representation regarding the use or the results of the use of any of the Content on this Site, in terms of their correctness, accuracy, reliability, or otherwise. Under no circumstances shall we be liable for any damages that result from the use of or inability to use this Site, including but not limited to the reliance by a user on any information or Content obtained from this Site that results from mistakes, omissions, interruptions, deletions, transmissions, or any failure of performance, whether or not resulting from acts of God; communications failures; theft; destruction; unauthorized access to our records, programs, or services; or otherwise. You hereby acknowledge that this disclaimer and limitation of liability shall apply to all Content, products, and services available through this Site. In no event shall we be liable for any consequential, incidental, indirect, punitive, or special damages arising out of your access to or use of this Site or our Content, whether based on contract, tort, negligence, strict liability, or any other claim whatsoever; even if the J. Michaud Archive or an authorized representative has been advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless the J. Michaud Archive, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use this Site or services, your violation of any of these Terms, or violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and controls of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
8. Class-Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. You agree that you may bring claims against us only in your own individual capacity, and not as a plaintiff or class member in any putative class, collective, and/or representative proceeding, such as in the form of a private attorney general action against us. Furthermore, unless both you and the J. Michaud Archive agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
9. Governing Law
To the maximum extent permitted by law, these Terms shall be governed by the laws of the State of Minnesota. The exclusive place of jurisdiction and venue of courts for all disputes arising from or in connection with these Terms is Hennepin County, Minnesota; and our dispute shall be determined under Minnesota law. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms, including without limitation this section. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including but not limited to the warranty disclaimers and liability limitations set forth, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
10. Payment Terms
Payments for book orders are processed via Stripe and are subject to and governed by their terms and conditions. Customers are resposible for paying any and all vat and/or Customs charges for international orders.
11. Order Cancellations and Refunds
We process and ship book orders promptly. If your order has already been processed and shipped, then we will be unable to accommodate your cancellation request. However, if your order has not yet shipped, then you may request a cancellation and a full refund. You may return any book ordered through our site for up to two weeks (14 days) after delivery receipt. The book must be in new, unused condition to qualify for return. We reserve the right to refuse returns that do not meet this criteria. You are responsible for return shipping and original shipping costs are non-refundable.
12. Notification of Changes
We may revise these Terms from time to time. The most current version will always be posted on this Site. By continuing to access or use this Site after revisions become effective, you agree to be bound by the new Terms. If you do not agree to the new terms, you are not permitted to continue using this Site.
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