Terms of Use

Welcome to the BJKPublishing.com (confirm) website, this site is owned and operated by BJK Publishing & Distribution.

 

These Terms of Use, along with policies and guidelines located throughout the BJKPublishing.com website identify what users of the BJKPublishing.com website can expect from BJKPublishing.com, and what we expect from users. By accessing any areas of the BJKPublishing.com website, users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the BJKPublishing.com website.

 

Privacy Policy
BJKPublishing.com respects the privacy of its Users. The terms and conditions of the BJKPublishing.com’s Privacy Policy, are incorporated herein by reference.

 

Content
Proprietary Rights
User acknowledges that the BJKPublishing.com website contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and BJKPublishing.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

 

Third-Party Content
In some instances, the Content available through the BJKPublishing.com website represents the opinions and judgments of the respective third party providing such Content. BJKPublishing.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the BJKPublishing.com website by anyone other than BJKPublishing.com. Under no circumstances shall BJKPublishing.com, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through the BJKPublishing.com website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the BJKPublishing.com website.

 

Termination of Usage
BJKPublishing.com may suspend or terminate any User's access to all or any part of the BJKPublishing.com website including any account thereon, without notice, for any reason in BJKPublishing.com's sole discretion.

 

Disclaimers and Limitation of Liability
THE BJKPUBLISHING.COM WEBSITE IS PROVIDED BY BJK PUBLISHING & DISTRIBUTION. ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, HAY HOUSE INC. DISCLAIMS ALL IMPLIED WARRANTIES.

 

WITHOUT LIMITING THE FOREGOING, BJK PUBLISHING & DISTRIBUTION MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE BJKPUBLISHING.COM WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE BJKPUBLISHING.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE BJKPUBLISHING.COM WEBSITE; OR (IV) THAT THE BJKPUBLISHING.COM WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF BJKPUBLISHING.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

BJK PUBLISHING & DISTRIBUTION DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE BJKPUBLISHING.COM WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE BJKPUBLISHING.COM WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF BJK PUBLISHING & DISTRIBUTION.

 

UNDER NO CIRCUMSTANCES SHALL BJK PUBLISHING & DISTRIBUTION BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE BJKPUBLISHING.COM WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE BJKPUBLISHING.COM WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO BJKPUBLISHING.COM'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE BJKPUBLISHING.COM WEBSITE.

 

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

 

Disputes
If you have a dispute with BJKPublishing.com, and you are unable to resolve the dispute informally, you and BJKPublishing.com agree that upon demand by either you or BJKPublishing.com, the dispute will be resolved through binding arbitration.
As the sole exception to arbitration, you and BJKPublishing.com each retain the right to pursue in small claims court any dispute that is within that court’s jurisdiction. A “dispute” is any unresolved disagreement between you and BJKPublishing.com, regardless of when the claim arose, and includes claims based on contracts, torts, statutes, regulations, common law, and equitable claims. All statutes of limitation applicable to any dispute shall apply in any arbitration between you and BJKPublishing.com.
 

You and BJKPublishing.com agree that you are each waiving the right to a jury trial or a trial before a judge in a court. You and BJKPublishing.com agree that each may bring claims against the other only in an individual capacity, and that neither you nor BJKPublishing.com shall be entitled to join or consolidate claims by or against others in any arbitration, or to include in any arbitration any dispute as a representative or member of a class, or on behalf of the general public, or as a private attorney general. If this limitation is found to be unenforceable, it shall not be severable, and this entire arbitration provision shall be unenforceable. You and BJKPublishing.com agree that the arbitrator may award injunctive relief only in favor of the party seeking relief, and only to the extent necessary to provide relief warranted by that party’s individual claim. In the event of any inconsistency between this arbitration provision and any provision contained in any other applicable terms of use, license agreement, disclaimer, or privacy policy relating to BJKPublishing.com or the material on the website, this arbitration provision shall be controlling.

 

Each arbitration, including the selection of the arbitrator, will be administered by the American Arbitration Association (the “AAA”) according to its Commercial Arbitration Rules and the Supplementary Procedure for Consumer-Related Disputes (together, the “AAA Rules”). The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7979. In the event of any inconsistency between the AAA Rules and this arbitration provision, this arbitration provision shall be controlling. Either party may demand arbitration of a dispute at any time, regardless of whether a lawsuit or other proceeding has previously been commenced. Either party may demand arbitration by completing the form for Consumer-Related Disputes provided for that purpose, and following the instructions on the form. The form is available on the AAA’s website, www.adr.org, or by calling AAA Case Filing Services at 1-877-495-4185. You should attach a copy of this arbitration provision, which will remain available online. If you demand arbitration, you must send a copy of the form or other demand, by U.S. Certified Mail, addressed to:

 

BJK Publishing & Distribution

Attention: Legal Department

PO Box 921

Missouri City, TX 77459.

 

If BJKPublishing.com demands arbitration, you will be sent a copy of the form or other demand, by U.S. Certified Mail, at the most current postal address that BJKPublishing.com has for you in its records. If your claim is for less than $10,000, BJKPublishing.com will pay all of the AAA’s administrative fees and the arbitrator’s fees, including the initial filing fee. If your claim is for more than $10,000, and applicable law limits the amount of arbitration fees payable by you, BJKPublishing.com will pay all of the AAA’s administrative fees and the arbitrator’s fees in excess of this limitation. Except as otherwise provided by applicable law, each party will remain solely responsible for their own attorneys’ fees and expenses incurred in connection with the arbitration.

 

You and BJKPublishing.com agree that: (1) the parties are participating in transactions affecting interstate commerce; (2) this arbitration provision and any resulting arbitration are governed by the Federal Arbitration Act (Title 9 of the United States Code); (3) the arbitrator shall decide any dispute regarding the interpretation, application, or enforceability of this arbitration provision; (4) neither party will disclose, to any third party, any information obtained from the other party in the arbitration proceeding, except as required by applicable law; and (5) neither party will be entitled to rely on any arbitration award, finding of fact, or conclusion of law issued in any other arbitration proceeding involving only one of the parties. This arbitration provision shall survive the termination of any other contract between you and BJKPublishing.com.

 

Acknowledgment
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and BJKPublishing.com regarding User's relationship with BJKPublishing.com and supersedes any prior statements or representations. When using the BJKPublishing.com website or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.

 

Modification
BJKPublishing.com reserves the right to make changes to the BJKPublishing.com website, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on December 21, 2015.

© 2017 by BJK Publishing and Distribution.  

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