Terms of Service

Overview

This website is operated by A Couch Readers, LLC. Throughout the site, the terms “we”, “us” and “our” refer to A Couch Readers. A Couch Readers offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Wix and CrateJoy. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.


You may not use our products 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.


A breach or violation of any of the Terms will result in an immediate termination of your Services.

Account Security

Upon setting up an account, you will be required to create a username and password.  You are responsible for safeguarding the password you use to access the Website and you agree not to disclose your password to any third-party. 

You agree to use a unique password for your account which you do not use for any other online service. As we (or our third party providers) may send password reset notices and links to your email account registered on the Website (i) you are responsible for ensuring that your email address is accurate; and (ii) you represent and warrant to us, and agree that you will ensure, you are the sole person, at all times, with access to the email account registered in connection with your account.

You agree you are responsible for any activity on your account and all correspondence provided to us from any email address used to register your account, whether or not you authorized that activity or correspondence.  You agree that we are, in respect of any instructions or actions taken by a person using your account, entitled to assume that the person is you; the person whose name and personal information is registered and associated with the account.

You must immediately notify us of any unauthorized use of your account.

You must inform us of any changes to your contact details and other information provided to us, including your email and shipping address for subscriptions and orders.

Prices

Where prices for goods or subscriptions are listed on the Website, they are subject to change without notice. Such prices listed are an invitation to make an offer and are subject to acceptance by us. Even in the event of the automated processing of your order on the Website, you agree that we will have the opportunity to review and accept or cancel such orders. All orders are also subject to availability. Products and subscriptions displayed on our Website may have limited quantities. A wait-list may apply to purchase a subscription.

Additional terms, including but not limited to, price, tax, account access and payment may be specified on the Website. Those terms, as amended from time to time, are incorporated by reference. If any information or terms posted to the Website concerning price, tax, discounts, refunds or cancellations are posted in error, we reserve the right to amend those terms. We also reserve the right to:

  • Remove any products from the Website;

  • Correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person;

  • Change, at any time, the prices, fees, taxes, charges and specifications, any promotional offers and any other content without any notice or liability to you or any other person; and

  • Reject, correct, cancel or terminate any order, including accepted orders for any reason.


You agree that where (i) you are a subscriber; and (ii) we elect to change the prices for our subscription boxes, we will give you a minimum of 10 days’ notice to elect to cancel your subscription prior to the change taking effect.

Payment

We use third-party payment processors to process payments made by you on the Website and in connection with a renewing subscription. Our third-party payment processors include Stripe, Apple Pay, PayPal and others. Although we may display or link to their forms on our Website, when you provide your payment details on the Website, you are providing them to the applicable payment processor.

We may have access to view portions of your payment information via the third-party payment processor, however, we do not collect or store your full credit card information ourselves. You acknowledge that third-party payment processes may have their own terms and conditions that apply to you. If you have any questions concerning our third-party payment providers, please contact us.

We will charge all fees for products and subscriptions to the credit card associated with your order or your account. You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to promptly update your account and other information, including your email address and credit card information and expiration dates, so that we can complete your transactions and contact you as needed. For subscriptions, any updates to your account (i.e. shipping, billing and address information) must be made prior to the fifteenth (15th) day of each calendar month for the updated details to apply to the subsequent month. If the credit card information you provide is incorrect or incomplete, or we are otherwise unable to process your payment, we will attempt to contact you and inform you of the problem. Failure to provide accurate and complete shipping and billing information may result in the delay or cancellation of your order or a particular delivery. Where a shipping delay or error is caused by you providing an incorrect shipping address, you agree to be responsible for any resulting and additional shipping costs.

Acceptable Use

In using the Website and your account, you agree, and you represent and warrant to us that you:

  1. Will not use the Website in a way that has any unlawful or fraudulent purpose or effect;

  2. Will not endeavor to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, our products or our subscription service for commercial purposes without our express written permission;

  3. Will comply with all applicable laws, rules and regulations;

  4. Will not upload, copy, distribute, share or otherwise use or generate data or content that is unlawful, obscene, defamatory, libelous, harmful, hateful, harassing, bullying, sexual in nature, threatening, racially or ethnically offensive or abusive, that would violate a third party’s rights (including their intellectual property rights), constitute or encourage a criminal offense or give rise to civil liability or damages;

  5. Will not upload, transmit, disseminate, post, share, store, use any content, data or information, perform any services or do anything that infringes on, or contributes to any infringement of, any intellectual property rights; including copyright, trademark, patent or trade secret rights, whether of ours or any third party;

  6. Will not use or disclose personally identifiable information belonging to others except (i) with their consent; and (ii) in accordance with applicable privacy laws, rules and regulations;

  7. Will not disclose your password or transfer your account to any third party, or allow any third party to access your account;

  8. Will not impersonate any person or entity;

  9. Will not collect, harvest or store any personally identifiable information, including user account information, from us; and

  10. Will not circumvent, disable, violate or otherwise interfere with any security related feature of the Website.

We may, but have no obligation to, remove accounts from the Website that we determine, in our sole discretion, to have, or which may reasonably appear to have, violated these Terms.

We reserve the right to refuse service, not accept orders, deny account access, pause or cancel your subscriptions without reason, justification or cause, at any time.

We reserve the right, at any time, to modify or discontinue our products and subscription box types without notice at any time.

We reserve the right to limit the sales of our products and subscriptions to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We further reserve the right to limit the quantities of any products that we offer.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, distributors, or that have been flagged in our system as potentially fraudulent.

Risks and Disclaimers

Everything on the Website and in our marketing materials (including our social media accounts) and all products and subscriptions available for order, are provided "as is" without warranty of any kind, including all implied warranties and conditions of merchantability and fitness for a particular purpose, durability, title and non-infringement. We hereby disclaim all warranties and conditions of any kind, whether express, implied or statutory.

You agree that we are not responsible or liable to you if information made available on our Website is not accurate, complete or current. The material on our Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on our Website is at your own risk.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors on our Website will be corrected.

You agree that, while we strive to have the Website and our subscription services error free and uninterrupted, we do not guarantee the absence of errors or interruptions. You agree that we shall not be held liable for any damage such errors or interruptions may cause. We make no representations and grant no warranties as to the uptime of our Website or the ongoing availability of our subscriptions or products.

We may also perform scheduled maintenance which will result in the Website being unavailable for certain periods of time.

We may provide you with access to third-party tools, widgets or functionality on or in connection with our Website over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. You agree that we shall have no liability whatsoever arising from or relating to your use of optional third-party tools or software. Any use by you of optional tools or software offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

Comments,  Feedback, and Other Submissions

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.


We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.


You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

LIMITATION OF LIABILITY

ASIDE FROM CLAIMS FOR DIRECT AMOUNTS OWING TO YOU AS A RESULT OF AN OVERPAYMENT OR INCORRECT CHARGE, YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, SUPPLIERS, LICENSORS, AGENTS, CONTRACTORS OR EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, HOWSOEVER CAUSED, INCLUDING BY NEGLIGENCE OR OTHERWISE, REGARDLESS OF LEGAL THEORY AND WHETHER OR NOT WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THOSE DAMAGES WERE FORESEEABLE OR NOT.

IF YOU ARE DISSATISFIED WITH OUR WEBSITE, OUR PRODUCTS OR OUR SUBSCRIPTION BOXES, OR DO NOT AGREE WITH ANY PART OF THESE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, OUR OFFICERS, DIRECTORS, SHAREHOLDERS, SUPPLIERS, AGENTS, LICENSORS, CONTRACTORS OR EMPLOYEES, THEN YOUR REMEDY IS TO DISCONTINUE ACCESSING AND USING OUR WEBSITE AND CANCELLING ANY OUTSTANDING SUBSCRIPTIONS.

IN ADDITION TO YOUR AGREEMENT TO NOT HOLD THE ABOVE ENTITIES AND PERSONS LIABLE FOR ANY DAMAGES, IN THE EVENT A COURT OR ARBITRATOR DECLINES TO UPHOLD SAID CLAUSE, YOU AGREE THAT IN NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO OR IN ANY WAY ARISING FROM THE USE OF THE A COUCH READERS PLATFORM, OR IN ANY WAY RELATED TO THESE TERMS, BE MORE THAN THE LESSER OF (I) USD $50.00 OR (II) THE AMOUNTS YOU HAVE PAID TO US IN CONNECTION WITH YOUR LAST ORDER ON OUR WEBSITE.

YOU AGREE AND ACKNOWLEDGE THAT WE WOULD NOT ENTER INTO THIS AGREEMENT OR GRANT ACCESS TO OUR WEBSITE, PRODUCTS OR OUR SUBSCRIPTIONS WITHOUT THESE RESTRICTIONS AND LIMITATIONS ON OUR LIABILITY.

INDEMNIFICATION

You agree to indemnify us, our employees, shareholders, contractors, agents, directors and officers, and to defend and hold each of them harmless, from any and all claims and liabilities (including reasonable legal fees) which may arise from (i) your violation of these Terms or any policy incorporated by reference; (ii) your violation of any third-party right; (iii) any breach of a representation or warranty made by you to us, either in these Terms, privacy policy or otherwise; (iv) any claim for damages suffered by another user of our Website which you caused or contributed to; and (v) any claim, fees or penalties imposed on us arising from or related to your failure to pay any customs, duties, fees, shipping charges or taxes.

Proprietary Rights

Our Website contains open source and public domain content, licensed content as well as proprietary content owned by us and by third parties. You are not permitted to copy, use or distribute any content (including but not limited to text, software code, images, trademarks, videos and audio) on the Website or in our marketing and social media materials without the express consent of the owner.

All rights, title and interest in and to the Website are and will remain the exclusive property of A Couch Readers, LLC. and our licensors.

The Website and all content thereon are protected by copyright, trademark and other laws of the United States and foreign countries. You agree not to reproduce, modify or prepare derivative works, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Website or any content thereon or which comprises our products, without our express written consent. You are not permitted to use any trademark or trade name of A Couch Readers, including our logo, or the logos of Sofa Spuds Book Club and Young @ Heart Book Club without our express permission.

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on the Website, please notify us at ms.couch@acouchreaders.com