THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE SERVICES AVAILABLE AT THE WEBSITE FOR NORTHSTAR PUBLISHING, INC. (“Services”). TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICES.
A. TERMS OF SALE
PAYMENTS, TAXES, AND REFUND POLICY
The Credits (cost of one credit = $1) used to buy Services can be purchased with these forms of payment: credit cards issued by U.S. banks or payments through your PayPal account. If a credit card or your PayPal account is being used for a transaction, Northstar Publishing, Inc. (“Northstar”) may obtain preapproval for an amount up to the amount of the order. Billing occurs at the time of or shortly after your transaction. If you are using your PayPal account, your order may be authorized and billed in increments during one purchasing session, so it may appear as multiple orders on your statement.
You agree that you will pay for all Services with Credits, and further agree that all Credit purchases are FINAL AND NON-REFUNDABLE. Unused Credit balances are not transferable. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT FOR ALL CREDITS. All purchases will be billed to the credit card or PayPal account you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or PayPal account status, you must change your information online in the Account Information section of the website; this may temporarily disrupt your access to the Services while Northstar verifies your new payment information.
Northstar reserves the right to close accounts and/or request alternative forms of payment if a form of payment is fraudulently obtained or used to purchase Credits.
All sales of products/services are FINAL.
Prices for Services may change at any time, and Northstar will not provide a refund in the event of a price reduction or promotional offering.
If a Service becomes unavailable following a transaction but prior to delivery, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Northstar.
GIFT CERTIFICATES AND COUPONS
Gift Certificates and Coupons are not redeemable for cash and cannot be returned for a cash refund (except as required by law); exchanged; transferred; resold or used to purchase Gift Certificates.
The Gift Certificate/Coupon cash value is 1/10 of one cent.
Northstar is not responsible for lost or stolen Gift Certificates or Coupons. Risk of loss and title for Gift Certificates or Coupons transmitted electronically pass to the purchaser upon electronic transmission to the recipient.
Northstar reserves the right to close accounts and request alternative forms of payment if a Gift Certificate or Coupon is fraudulently obtained or used.
NORTHSTAR AND ITS LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES OR COUPONS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT A GIFT CERTIFICATE OR COUPON IS NONFUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE OR COUPON. THESE LIMITATIONS MAY NOT APPLY TO YOU. 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 ALSO HAVE ADDITIONAL RIGHTS.
ELECTRONIC CONTRACTING
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS TO NORTHSTAR CONSTITUTE YOUR AGREEMENT AND INTENT 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 RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Northstar is not responsible for typographic errors in the contracts or otherwise.
B. TERMS AND CONDITIONS
THIS LEGAL AGREEMENT BETWEEN YOU AND NORTHSTAR GOVERNS YOUR USE OF THE SERVICES.
Northstar is the provider of the Service, which permits you to purchase products only under the terms and conditions set forth in this Agreement.
REQUIREMENTS FOR USE OF THE SERVICE
This Service is available for individuals aged 18 years or older.
Use of the Service requires compatible devices, Internet access, and may require periodic updates; and may be affected by the performance of these factors. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
YOUR ACCOUNT
As a registered user of the Service, you may establish an account (“Account”). Do not reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Northstar of any security breach of your Account. Northstar shall not be responsible for any losses arising out of the unauthorized use of your Account.
In order to purchase Services, you must enter your Username and Password to authenticate your Account. Once you have authenticated your Account, you will not need to authenticate again during that transaction.
You agree to provide accurate and complete information when you register with, and as you use, the Service (“Registration Data”), and you agree to update your Registration Data to keep it accurate and complete. You agree that Northstar may store and use the Registration Data you provide for use in maintaining and billing fees to your Account.
PRIVACY
The Service is subject to Northstar’s Privacy Policy at http://www.northstarpubs.com/privacy-policy.
CONTENT AVAILABILITY
Northstar reserves the right to change content options (including particular features) at any time without notice.
USE OF PURCHASED CONTENT
You agree that you shall use the Services in compliance with the applicable usage rules established by Northstar and its licensors (“Usage Rules”), and that any other use of the Services may constitute a copyright infringement. Northstar reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology for any reason—or to attempt or assist another person to do so. Northstar reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through the access that is provided by Northstar for the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the Service in any manner or form, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.
USAGE RULES
Your use of the Services does not transfer to you any commercial or promotional use rights in the Service. Any usage capabilities are solely an accommodation to you and shall not constitute a grant, waiver, or other limitation of any rights of the copyright owners in any content embodied in any Service.
You acknowledge that, because some aspects of the Service and administration of the Usage Rules entails the ongoing involvement of Northstar, if Northstar changes any part of or discontinues the Service, which Northstar may do at its election, you may not be able to use the Service to the same extent as prior to such change or discontinuation, and that Northstar shall have no liability to you in such case.
THIRD-PARTY MATERIALS
Certain content may include materials from third parties. Northstar may provide links to third-party websites as a convenience to you. You agree that Northstar is not responsible for examining or evaluating the content or accuracy and Northstar does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Northstar is not in any way responsible for any such use by you.
OBJECTIONABLE MATERIAL
You understand that by using the Service, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Service at your sole risk and Northstar shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. Any samples or descriptions are provided for convenience, and you agree that Northstar does not guarantee their accuracy.
INTELLECTUAL PROPERTY
You agree that the Service, including but not limited to graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by Northstar and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.
Notwithstanding any other provision of this Agreement, Northstar and its licensors reserve the right to change, suspend, remove, or disable access to any Service, content, or other materials comprising a part of the Service at any time without notice. In no event will Northstar be liable for making these changes. Northstar may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
All copyrights in and to the Service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources) and related software are owned by Northstar and/or its licensors, who reserve all their rights in law and equity. THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND TO THE EXTENT IT INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS IT MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Northstar, its logo, and other Northstar trademarks, service marks, graphics, and logos used in connection with the Service are copyrights, trademarks or registered trademarks of Northstar Publishing, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
TERMINATION
If you fail, or Northstar suspects that you have failed, to comply with any of the provisions of this Agreement, Northstar, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).
Northstar reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Northstar will not be liable to you or to any third party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. NORTHSTAR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE, THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME NORTHSTAR MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NORTHSTAR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU IF THE STATUTES IN YOUR JURISDICTION PROHIBIT THIS LIMITATION.
LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL NORTHSTAR BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF NORTHSTAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Northstar’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
NORTHSTAR SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICE, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND NORTHSTAR HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
NORTHSTAR DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND NORTHSTAR DISCLAIMS ANY LIABILITY RELATING THERETO.
WAIVER AND INDEMNITY
BY USING THE SERVICE, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD NORTHSTAR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY NORTHSTAR AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM NORTHSTAR, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF NORTHSTAR’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
CHANGES
Northstar reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Service will be deemed acceptance thereof.
MISCELLANEOUS
This Agreement constitutes the entire agreement between you and Northstar and governs your use of the Service, superseding any prior agreements between you and Northstar. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Northstar’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. Northstar will not be responsible for failures to fulfill any obligations due to causes beyond its control.
The Service is operated by Northstar from its office in the State of Ohio in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service. All transactions on the Service are governed by Ohio law, without giving effect to its conflict of law provisions. Your use of the Service may also be subject to other laws. You expressly agree that exclusive jurisdiction and venue for any claim or dispute with Northstar or relating in any way to your use of the Service resides in the municipal or state courts of the City of Medina in Medina County, Ohio, and/or federal courts in the U.S. District Court for the Northern District of the State of Ohio. Risk of loss and title for all electronically delivered transactions pass to the purchaser in Ohio upon electronic transmission to the recipient. No Northstar employee or agent has the authority to vary this Agreement.
Northstar may notify you with respect to the Service by sending an email message to your Account email address or a letter via postal mail to your Account mailing address, or by a posting on the Service. Notices shall become effective immediately.
Northstar reserves the right to take steps Northstar believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that Northstar has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as Northstar believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Northstar’s right to defend itself and/or to cooperate with any legal process relating to your use of the Service, and/or a third-party claim that your use of the Service is unlawful and/or infringes such third party’s rights).
Last updated April 25, 2012
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