Terms & Conditions
Privacy Policy
About Us
At Miss Wendy’s Books, LLC (“Miss Wendy’s Books”), we respect the privacy of our visitors and customers. We do not sell your information to third parties. If we collect information for our services (such as email addresses and mailing addresses) we keep your information private. We do not collect information from children.
The following statement spells out our privacy policy in more detail. Our products are directed at children with parent or adult supervision. We take privacy seriously at Miss Wendy’s Books and this policy is designed to tell you what information we collect and how we use it.
Please review this policy from time to time as we may make changes. If there are any changes to this policy in the future, that information will be posted here. These policies are subject to change without notice.
What Kind of Information is collected?
We may collect personal information that parents voluntarily provide on the website, such as when purchasing materials from our website. We may also collect non personal data which doesn’t directly identify an individual. Miss Wendy’s Books may collect non personal information about the use of the website and apps to help us improve our services.
Any information collected for the purpose of payments or financial transactions will be kept private. We do not share the information that you provide us with any third parties. Your information is kept private and used only for the purpose of providing our services and products.
Letters, Pictures, and Social Media
Miss Wendy’s Books does not seek personal information from children. Any photos and letters sent to Miss Wendy’s Books will remain private, unless we have express written (email or hard copy) permission to use part or all of the information on the Miss Wendy’s Books website and/or social media pages. Photos of children shared on these platforms will not include names. Because we value your privacy, and the privacy of your children, we will keep any other information you provide confidential, unless we have your express permission.
Please note that if a parent posts personal information about themselves or their children in a community forum or blog in the parent section, or on a social media site such as Facebook, Pinterest or Twitter , in addition to being collected, this data is made public for others to see. The parent is responsible for disclosing this data. If parents or teachers choose to post information or photos on Miss Wendy’s Books social media sites, be advised that those postings may be shared, and are the sole responsibility of the individual posting them. Miss Wendy’s Books reserves the right to add or delete any social media postings.
If you have questions or concerns about our privacy practices, please contact us at misswendysbooks@gmail.com.
More about Non-Personal Data
Our Use Of “Cookies”
Miss Wendy’s Books may place an electronic “cookie” in the browser files of a guest’s computer. Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record-keeping purposes. Cookies themselves do not enable us to access any personal information about our visitors; however, they do allow Miss Wendy’s Books to analyze guests’ use of our sites. This analysis helps us better understand which areas of our sites are most useful and popular so we can plan improvements and updates accordingly.
To help us provide you with the best service we may work with third party analytics providers such as Google Analytics. These kinds of companies help us to better understand your use of the site and apps. In association with these companies we may collect your unique device identifier, IP address, mobile phone carrier, and website usage. These third party service providers are restricted from sharing your user data.
For more information about Google Analytics please see their Google privacy policy https://policies.google.com/privacy.
This information is for internal use only and is not shared with any other third parties. It’s just for us to help us improve our services for you. We may use cookies and web beacons to help deliver our services and to analyze it, as such by counting the number of times a page has been viewed.
We may disclose your personal information if required by law or in the event of a company sale or proposed change of ownership. We may also disclose it to protect Miss Wendy’s Books and properties or to investigate fraud or intellectual property infringement.
Links
We may include links to third parties from the website or apps. Miss Wendy’s Books is not responsible for these companies and because we have a link doesn’t mean we endorse them. Your use of our services may be subject to the terms and conditions and privacy policies of other services that we don’t control such as mobile app stores, mobile software platforms or payment processors. Please be sure to check their privacy policies if you decide to visit them.
Security
The privacy of communication over the Internet cannot be guaranteed, because the Internet is not a secure medium. Miss Wendy’s Books does not assume any responsibility for any harm, loss, or damage you may experience or incur by the sending of personal or confidential information over the Internet by or to us.
Notice to California Residents:
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain members of Miss Wendy’s Books to third parties for the third parties’ direct marketing purposes. With respect to these entities, this Privacy Policy applies only to their activities within the State of California. To make such a request, please send an email to misswendysbooks@gmail.com or mail to:
Miss Wendy’s Books, LLC
3270 E. 17th Street, #129
Ammon Idaho, 83406
Notice to EU/EEA Member State Residents
Miss Wendy’s Books may store and/or transfer your personal data to its affiliates and partners in and outside of EU/EEA member states and the United States in accordance with mandatory legislation and this Privacy Policy. By using the sites or services, you consent to such transfer.
Terms of Use
Effective Date: October 1, 2021
This Terms of Use ("Agreement", "Terms") is an agreement between you and Miss Wendy’s Books, LLC ("Miss Wendy’s Books", "us", "our" or "we") and sets forth the legally binding terms for your use of our websites or any other site which includes a link to this Privacy Policy (the "Sites"), as well as in connection with any of our sales or marketing activities ("Services").
These Terms apply to your use of the Sites or Services (however accessed and/or used, whether via personal computers, mobile devices or otherwise) or any other means or applications in which you connect with us and your use of our Services.
Our Privacy Policy found at this Site is incorporated into and subject to these Terms by reference. Please review that Privacy Policy for information about how we collect, use, and share information, including the data rights available to you.
ARBITRATION NOTICE AND CLASS ACTION WAIVER : EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 15 BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
1. WHO WE ARE AND OUR SERVICES
Miss Wendy’s Books, LLC is a US-based company that provides materials and content as supplemental education materials.
2. ACCEPTANCE OF TERMS
Agreement to the Terms. Each time that you access our Sites or use the Services you signify that you have read, understand, and agree to be bound by these Terms. If you do not agree to any of these Terms, you must discontinue using the Sites and Services.
Eligibility. You must be at least 18 years old or have reached the age of majority to use the Sites and Services and by registering with us you attest that you have reached the age of majority and have the legal capacity to be legally bound to our Terms. Our services are designed to be used by children under adult supervision.
Electronic Form/Communications. By accessing or using the Sites or Services you consent to having this Agreement provided to you in electronic form and receiving communications from us electronically. We may communicate with you by postal mail, e-mail or by posting notices on the Sites. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing.
3. CONTACT INFORMATION
Contacting You. When you provide us with contact information in connection with a particular activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable laws or regulations ("Applicable Laws").
4. PAYMENT AND CANCELLATION RIGHTS
Purchasing our Services or Merchandise. Please refer to the applicable offer for a description of our merchandise or services and pricing. Any terms and conditions of any offer disclosed to you when ordering is deemed part of these Terms. We reserve the right to change the fees for its merchandise and Services and will provide notice of any increase prior to your being charged.
Orders. Any prices displayed on the Sites or Services are quoted in U.S. dollars and are intended to be valid and effective only in the United States. We will add shipping and handling fees and applicable sales/use tax in accordance with our then-current policies. All orders are for personal use only and orders for resale are prohibited without prior written approval. Products displayed on this Sites or Services are available only while supplies last. If your order is canceled by us after you have been charged, we will issue a credit. We try to display the image of the products available on our Sites or Services including colors, as accurately as possible but they may vary and the actual colors you see depend upon your device display. If we have cancelled your order after charging your account, we will issue a credit for the amount charged. The risk of loss and title for all products purchased by you and shipped by us pass to you upon our delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of our vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment. If products are damaged in shipping, they will be replaced. You must notify Miss Wendy’s Books at misswendysbooks@gmail.com within 30 days of purchase. You must return damaged merchandise to Miss Wendy’s Books, LLC, 3270 E 17th Street #129, Ammon, Idaho 83406. Upon receipt of damaged merchandise, Miss Wendy’s Books will ship replacement merchandise. Shipping costs will be provided by Miss Wendy’s Books. As the products offered by Miss Wendy’s Books are paper and plastic items and because of Covid-19, we cannot take returns and issue refunds. All sales are final. We offer only new products, and will not re-sell used products.
No Binding Offer. Nothing on the Sites or Services constitutes a binding offer to sell, distribute or give away any products or services. In the event the products and services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. We also reserve the right at any time to limit the quantities of merchandise, products and/or services ordered for you or your household. There may be information on the Sites that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, colors, pricing, and availability. We make no representation as to whether information on the Sites or Services is current or the completeness or accuracy of any information on the Sites or Services.
Billing Information. When you provide payment information ("Billing Information") to Miss Wendy’s Books or its authorized processor, you represent that you are an authorized user of the payment card, PIN, key, account or other payment method specified by you ("Payment Method"), and you authorize Miss Wendy’s Books to charge such Payment Method for the full amount of the transaction. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen Payment Method (the "Payment Method Provider"). If Miss Wendy’s Books does not receive payment from your Payment Method Provider, you agree to pay all amounts due on your account upon demand. In the event we are advised of insufficient funds in your account or credit to cover your payment by your Payment Method, we may re-present such un-cleared or rejected payment, or any lessor amount thereof, to your Payment Method Provider. In the event we have to collect unpaid amounts you owe us, you will be liable for all collection costs, including attorneys' and collection agency fees. Miss Wendy’s Books reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment and to update your information from available third-party sources. In the event Miss Wendy’s Books cannot charge the Payment Method you provide we reserve the right to terminate your order and invoice you for any unpaid amounts. You must promptly notify Miss Wendy’s Books if your Payment Method is canceled (e.g., for loss or theft). If you fail to notify us, you remain responsible for any continued charges to the Payment Method you provided.
5. USE OF THE SITES AND SERVICES
Rules of Conduct. In connection with your use of the Sites or Services, you will not (i) use the Sites or Services other than as permitted in these Terms and only for your personal use; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Sites, Content (as hereinafter defined), or Sites or Services; (iii) upload or input to the Sites or Services any information which contains software viruses, or any computer code, files or programs designed to interrupt, destroy or limit the functionality of the Sites or Services, any computer software or hardware or telecommunications equipment; (iv) reverse engineer, decompile, reverse assemble, decode, modify or attempt to discover any source code or generate its content or any software or other products or processes accessible through the Sites or Services; (v) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Services, monitor traffic on the Sites or Services, obtain or accumulate personal information about other users, or collect or store personal data about other users; (vi) copy or adapt the object code of any software, HTML, JavaScript or other code; (vii) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Sites or Services; (viii) use the Sites or Services in any manner that in our sole judgment, adversely affects the performance or function of the Sites or Services or interferes with the ability of other users to access or utilize the Sites or Services or undertake any acts not expressly permitted under the Terms; (ix) develop a product which is competitive with any of Miss Wendy’s Books’ products or services; (x) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Content; (xi) exploit, distribute or publicly communicate any error, miscue or bug which gives an unintended advantage; (xii) use software or any other means to harvest information from the Sites or Services; (xiii) harass others or disclose personal information about others that could amount to harassment; (xiv) impersonate others or create false accounts; (xv) Send chain letters, junk mail, 'spamming' material or any other form of bulk communication; (xvi) publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, sexually explicit, harmful, confidential, libelous, hateful, threatening or otherwise illegal material or information, or anything which might constitute a criminal or civil offence; or (xvii) undertake to use the Sites or Services in violation of any Applicable Law or generally accepted practices or guidelines ("Accepted Practices") or take any action which would cause us to be in violation of any Applicable Law or Acceptable Practices.
Ordering Online. Merchandise available on our Sites or through our Services are subject to availability when you order. Images on our Sites may not accurately capture the actual Appearance or quantity of what is available for purchase.
No Binding Offer. Nothing on the Services constitutes a binding offer to sell, distribute or give away any products or services. We reserve the right at any time after receipt of your order to accept or decline such order, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order confirmation or after you have been charged. Any prices displayed on the Services are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event the products and services are listed at an incorrect price, we have the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed or you have been charged. If your order is canceled by us after you have been charged, we will issue a credit. We reserve the right at any time to limit the quantities of products or services, which you, or your household, seek.
Monitoring. Miss Wendy’s Books reserves the right to monitor all network traffic to the Sites or Services and anyone using the Sites or Services expressly acknowledges that such monitoring may occur. Miss Wendy’s Books may block unauthorized attempts or intrusions to upload or change information or cause damage to the Sites or Services in any fashion. You acknowledge that Miss Wendy’s Books has no general obligation to monitor nor to actively seek facts or circumstances indicating illegal activity, but has the right to do so in order to: (i) operate, secure and improve the security of the Sites (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure compliance with these Terms; (iii) comply with Applicable Laws or the order or requirement of a court, law enforcement, or other administration agency or governmental body; (iv) respond to user conduct that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms.
Termination. Miss Wendy’s Books may terminate your access to its Sites or Services immediately or disable any user name, password or other identifier, whether chosen by you or provided by Miss Wendy’s Books, at any time without notice, if, in Miss Wendy’s Books’ sole opinion, you have violated any provision of these Terms. Termination will not limit any of Miss Wendy’s Books’ rights or remedies at law or in equity.
Third-Party Links. The Sites and Services may contain links to other websites or applications. These websites and applications are not under the control of Miss Wendy’s Books, and the existence of a link from the Sites or Services does not imply any endorsement of or affiliation with the linked websites or applications. Miss Wendy’s Books makes no warranties or representations, and disclaims all liability, relating to the accuracy, content, terms of use, privacy policies, products, services, legality, reliability, viewpoint, accuracy, currency, decency, or any other aspect of the linked websites or applications.
Data Collection Policy. No party unaffiliated with Miss Wendy’s Books may collect or use, or direct, authorize or assist other persons or entities to collect or use any data from a user, or a computer or device operated by a user, while accessing our Sites or Services without our prior express written permission.
Modification to Services. Miss Wendy’s Books has the right to modify its Services (and products and services accessible through its Services), and its Sites at any time in its sole discretion which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Miss Wendy’s Books has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality or other aspects of its Sites or Services. Your only right with respect to any dissatisfaction with any modifications made, or any policies or practices of Miss Wendy’s Books in providing its Services is to cancel your account and/or stop using our Sites or Services.
Injunctive Relief. You expressly acknowledge and agree that there may be no adequate remedy at law for a breach of this Section, that such a breach may irreparably harm Miss Wendy’s Books and Miss Wendy’s Books is entitled, without limiting any of its other remedies at law or equity, to seek injunctive relief (temporary and permanent) from any court of competent jurisdiction immediately upon request and without the need to post a bond or security, with respect to any such breach or potential breach of these Terms.
6. PROPRIETARY RIGHTS
Ownership of Content and Marks The Sites and Services, and all content published on or accessible through the Sites and Services ('Content"), is owned by Miss Wendy’s Books, its affiliates or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Miss Wendy’s Books owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Sites. All trademarks, logos, service marks, trade names, and trade dress appearing on the Content or Sites ("Marks"), are proprietary to Miss Wendy’s Books, its affiliates, or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Sites or Services. You may not frame or utilize framing techniques to enclose any Marks or Content (including images, text, page layout, or form) nor use any Meta tags or any other "hidden text" utilizing Miss Wendy’s Books’, its affiliates', or its licensors' name or Marks without the prior express written consent of Miss Wendy’s Books. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, the Sites, Services, Marks or Content, in whole or in part, without the prior written consent of Miss Wendy’s Books.
Our Limited License to You. You acknowledge and agree that the Sites, Services and Content are provided under license, and not sold, to you and your use. You do not acquire any ownership interest in the Sites, Services or Content under these Terms, or any other rights thereto other than to use the Sites, Services and Content in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. Miss Wendy’s Books grants you a limited, personal, non-commercial, non-exclusive, revocable, non-assignable, and non-transferable license to access (but not through scraping, spidering, crawling or other technology or software used to access data) and display the Content (excluding any software code) solely for your personal use in connection with accessing and using the Services as reasonably necessary to use them for their intended purpose. You may not insert any code or product to manipulate the Content, Sites, or Services in any way that affects any user's experience. Miss Wendy’s Books and its licensors reserve all rights not expressly granted in and to its respective Sites, Services, Marks and Content. You may not use the Sites, Services, Marks or Content in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Sites or Services.
Feedback/Idea Submissions Miss Wendy’s Books does not accept unauthorized idea submissions. Any ideas disclosed to Miss Wendy’s Books are not confidential and Miss Wendy’s Books may develop, use and freely disclose or publish similar ideas without compensating you or accounting to you. All comments or materials submitted to us, including testimonials, images, reviews, questions, comments, or suggestions (collectively, "Feedback"), is received and treated by us on a non-confidential and unrestricted basis. If you provide Miss Wendy’s Books with any Feedback, you hereby grant Miss Wendy’s Books a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not be licensed under Applicable Laws (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Miss Wendy’s Books is not required to make any use of any Feedback that you provide. You agree that if Miss Wendy’s Books makes use of your Feedback, Miss Wendy’s Books is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to Miss Wendy’s Books to grant Miss Wendy’s Books and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary, privacy or other personal rights.
7. DISCLAIMER OF WARRANTIES
IF YOU CHOOSE TO USE THE SITES OR SERVICES, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE CONTENT AND INFORMATION OFFERED ON OR THROUGH THE SITES OR SERVICES ARE PROVIDED "AS IS". TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT: THAT THE SITES OR SERVICES, OR ANY OF THEIR FUNCTIONS, WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT ANY PART OF THE SITES OR SERVICES, OR THE SERVERS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES OR SERVICES OR CONTENT CONTAINED THEREIN WITH REGARD TO THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE. DUE TO THE NATURE OF THE INTERNET, MISS WENDY’S BOOKS CANNOT GUARANTEE THE CONTINUOUS AND UNINTERRUPTED AVAILABILITY AND ACCESSIBILITY OF THE SITES OR SERVICES. MISS WENDY’S BOOKS MAY RESTRICT THE AVAILABILITY OF THE STIES OR SERVICES OR CERTAIN AREAS OR FEATURES IF NECESSARY, IN VIEW OF CAPACITY LIMITS, THE SECURITY OR INTEGRITY OF ITS SERVERS, OR TO CARRY OUT MAINTENANCE MEASURES THAT ASSIST IN THE PROPER OR IMPROVED FUNCTIONING OF THE SITES OR SERVICES. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITES OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SITES OR SERVICES.
8. LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Sites, Services and Content remains with you. Neither Miss Wendy’s Books nor any other party involved in creating, producing, or delivering the Sites, Services or Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Sites or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Miss Wendy’s Books has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed its essential purpose. In no event will Miss Wendy’s Books’ aggregate liability arising out of or in connection with these Terms and your use of the Sites or Services exceed the amounts you have paid to Miss Wendy’s Books in the twelve month period prior to the event giving rise to the liability, or $50USD if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Miss Wendy’s Books and you. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. CALIFORNIA RESIDENTS RIGHTS
If you are a California resident and in connection with the foregoing releases, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states:
" A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
10. GEOGRAPHIC RESTRICTIONS
Miss Wendy’s Books will provide the Sites and Services with reasonable care and skill but Miss Wendy’s Books makes no representations that they are appropriate for use from locations outside the United States or compliant with laws outside the United States. If you access the Sites or Services from outside the United States, you are responsible for compliance with local laws in relation to your use of the Services.
11. CHANGES TO TERMS OF USE
Miss Wendy’s Books will review and may update these Terms periodically and will note the new effective date if any changes are made. If we make material changes to these Terms we may choose to notify you by prominently posting a notice of a new Terms of Use update on the Sites for a period of time in our discretion but we encourage you to review these Terms and make note of the "effective date" frequently . Your continued use of the Sites and Services after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Sites and Services.
12. THIRD PARTY LINKS
You may be able to access other websites, mobile applications or resources through links accessed on the Sites. Because Miss Wendy’s Books has no control over such websites or mobile applications you acknowledge and agree Miss Wendy’s Books is not responsible for the availability of such external websites, mobile applications or resources accessible from those third parties, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials available from such websites or mobile applications, nor does Miss Wendy’s Books endorse any such websites, mobile applications or resources, or the products or services assessable on such websites or mobile applications.
13. ARBITRATION / DISPUTE RESOLUTION
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Idaho without application of conflict of laws rules, except that these Arbitration provisions shall be governed by the Federal Arbitration Act.
Resolution of Any Dispute. In the event a dispute arises between you and Miss Wendy’s Books ("Dispute"), we want to provide you with an efficient, neutral and cost-effective means of resolving the dispute. Most customer concerns can be resolved quickly and to the customer's satisfaction by contacting us by writing to Miss Wendy’s Books, misswendysbooks@gmail.com. If, however, the Dispute cannot be resolved by the personnel directly involved, the parties shall first attempt in good faith to resolve the Dispute promptly by negotiation between duly appointed executive officers or other representatives of such parties, with full authority to negotiate and settle the Dispute.
Limitation of Legal Remedies. If there is a Dispute that remains unresolved, INSTEAD OF SUING IN COURT, YOU AND MISS WENDY’S BOOKS EACH AGREE TO THE FULLEST EXTENT PERMITTED BY LAW TO ARBITRATE DISPUTES THROUGH BINDING ARBITRATION, ON AN INDIVIDUAL BASIS, WITHOUT CLASS RELIEF, EXCEPT FOR DISPUTES PERTAINING TO MISS WENDY’S BOOKS’ INTELLECTUAL PROPERTY RIGHTS AND STATUTORY CLAIMS THAT PURSUANT TO LAW ARE NOT ARBITRABLE. This agreement to arbitrate is intended to be broadly interpreted. It includes claims based in contract, tort, statute, fraud, misrepresentation or any other legal theory ("Claim(s)"). The arbitrator's decision and award are final and binding, with some exceptions under the Federal Arbitration Act, 9 U.S.C. 1, et seq., and judgment on the award may be entered in any court with jurisdiction.
Jury Trial Waiver. YOU AND MISS WENDY’S BOOKS EACH VOLUNTARILY WAIVE THE RIGHT TO A TRIAL BY JURY IN RESOLVING ANY DISPUTE BETWEEN US ARISING OUT OF THESE TERMS OR THE SITES OR SERVICES.
Class Action Waiver. YOU AND MISS WENDY’S BOOKS EACH AGREE THAT CLAIMS AGAINST THE OTHER MAY ONLY BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. All arbitrations under these Terms must be conducted on an individual (and not a class-wide) basis, and an arbitrator will have no authority to award class-wide relief. You acknowledge and agree that these Terms specifically prohibit you from commencing any legal proceedings as a representative of others, participating in a class, representative, or collective action as a class representative, class member or an opt-in party, acting as a private attorney general, or joining or consolidating Claims with claims or proceedings brought by any other person ("Class Action Waiver").
Arbitration Procedures. A party who intends to seek arbitration must first send to the other a written Notice of Dispute describing the nature and basis of the Claim and setting forth the specific relief sought ("Notice"). All Notices to Miss Wendy’s Books must be sent to the following address: misswendysbooks@gmail.com, Miss Wendy’s Books, LLC, 3270 E. 17th Street, #129, Ammon Idaho, 83406. Our notice to you will be sent to you based on the most recent contact information that you provide us but if no such information exists or if such information is not current, then we have no obligation under this Section. Upon receipt of such Notice, the receiving party will have a 60-day period in which it may satisfy the Claim against it by fully curing the Claim, providing all the relief requested in the Notice, or entering into a settlement to resolve the Claim to the mutual satisfaction of the parties. After the expiration of such 60-day cure period, you or Miss Wendy’s Books may commence an arbitration proceeding. Unless otherwise agreed to by you and Miss Wendy’s Books in writing, the arbitration will be conducted before a single arbitrator with substantial experience in the internet industry and shall follow substantive law in adjudicating the Dispute. This Section shall be construed as a written agreement to arbitrate pursuant to the Federal Arbitration Act ("FAA"). You and Miss Wendy’s Books agree that this Section satisfies the writing requirement of the FAA. The arbitration of any claim will be conducted in the State of Idaho, and for any non-frivolous claim that does not exceed $5,000.00, you shall have the choice as to whether the hearing is conducted in person or by telephone. Each party will pay the fees and costs of its own counsel, experts and witnesses. Neither party shall sue the other party other than as provided herein or for enforcement of this clause or for the arbitrator's award; and any such suit may be brought only in Federal District Court or, if any such court lacks jurisdiction, in any state court that has jurisdiction. The arbitrator, and not any federal, state, or local court, shall have exclusive authority to resolve any Dispute relating to the interpretation, applicability, unconscionability, arbitrability, or enforceability of these Terms including any claim that all or any part of these Terms are void or voidable. However, the preceding sentence shall not apply to the clause entitled "Class Action Waiver".
Exception to Arbitration Only disputes or actions pertaining to Miss Wendy’s Books’ intellectual property rights, or statutory claims that pursuant to law, are not arbitrable and will be exempt from arbitration.
Survival. This arbitration provision shall survive termination of these Terms.
Severability. If any provision of this Section is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply.
14. NO RIGHTS OF THIRD PARTIES
You agree that, except as otherwise expressly provided in these Terms, there are not third-party beneficiaries to these Terms.
15. MISCELLANEOUS
These Terms, and policies incorporated herein, are the entire agreement between you and Miss Wendy’s Books. They supersede any and all prior or contemporaneous agreements between you and Miss Wendy’s Books relating to your use of the Sites or Services. If these Terms expire or are terminated for any reason, the provisions which by their nature should continue after termination including Proprietary Rights, Disclaimer of Warranties, Limitation of Liability, your Legal Liability, Arbitration/Dispute Resolution, No Rights of Third Parties and Miscellaneous shall survive any such expiration or termination. If any provision of these Terms is declared or found by a court of competent jurisdiction or arbitrator to be unlawful, unenforceable or void, such provision will be ineffective only to the extent that it is found unlawful, unenforceable or void, and the remainder of the provision and all other provisions will remain fully enforceable, except that if the Class Action Waiver for any Claim cannot be enforced, then the provision to arbitrate will not apply. Miss Wendy’s Books may assign these Terms, in whole or in part, at any time. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Miss Wendy’s Books to partially or fully exercise any rights or the waiver of Miss Wendy’s Books to enforce any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Miss Wendy’s Books or be deemed a waiver by Miss Wendy’s Books of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Miss Wendy’s Books under these Terms and any other applicable agreement between you and Miss Wendy’s Books shall be cumulative, and the exercise of any such right or remedy shall not limit Miss Wendy’s Books’ right to exercise any other right or remedy.
16. CONTACT US
You may contact us by emailing us at misswendysbooks@gmail.com or writing to us at:
Miss Wendy’s Books, LLC
3270 E. 17th Street, #129
Ammon Idaho, 83406
When contacting us, please include your full name, address, phone number, and email address, and indicate the specific nature of your request or inquiry.