Terms & Conditions

TERMS AND CONDITIONS OF USE FOR OUR WEBSITE

Welcome!

Welcome to the lernerbooks.com website! We hope your experience on our website is both informative and useful.

Please take a moment to read through the following terms and conditions carefully. They govern your access and use of this website. We believe that you have the right to know our requirements for use of our website. If for any reason you do not agree with any of the TERMS OF USE, you are not authorized to use or access any information on this website for any reason or purpose.

Who We Are:

This website (the “Site”) is published, operated and maintained by Lerner Publishing Group, Inc. for itself and its subsidiaries, affiliates, and/or related entities, including Lerner Publications Company, Carolrhoda Books, Inc., LernerSports, First Avenue Editions, LernerClassroom, and Kar-Ben Publishing. For the purposes of this document, “US” or “WE” or “OUR” hereby refers collectively to Lerner Publishing Group, Inc. and its subsidiaries, affiliates, and/or related entities.

'USER' hereby refers to you, the Site user.

Terms and Conditions for the Use of This Site and Acceptance of Terms:

This Site is only for USER’S personal and noncommercial use. By accessing, browsing, and using this Site, any subsite accessible through the Site and/or using any of the Site Content or services, including but not limited to OUR privacy policy, terms, and conditions for the sales of any goods and services, hypertext and other links to third party websites, USER automatically agrees to be subject to the terms and conditions for the Site as listed herein (“TERMS OF USE”).

USER hereby acknowledges that USER has read these TERMS OF USE and that as a condition of USER’S use of the Site, USER will be bound by the TERMS OF USE and will not use the Site for any purpose that is unlawful or prohibited by these TERMS OF USE. As long as USER complies with the TERMS OF USE, WE grant USER a nonexclusive, nontransferable, limited right to access, enter, display, and use this Site.

USER’S use of the Site for any other purpose not expressly stated in the TERMS OF USE is prohibited by law and may result in the suspension of USER’S use of the Site and in severe civil and criminal penalties.

The TERMS OF USE and/or Site Content May Change at Any Time without Prior Notification. USER’S use of the Site is subject to the most current version of the TERMS OF USE. WE reserve the right to make revisions to the TERMS OF USE at any time. Use following any revisions will constitute USER’S assent to and acceptance of those revisions and USER shall be legally bound by any such revisions. Changes to the TERMS OF USE are effective at the time changes are posted on the Site. The most current version of the TERMS OF USE can be reviewed by clicking on the “TERMS OF USE” icon located at the bottom of OUR Site pages.

WE may add, change, discontinue, remove, or suspend any of the information, products, names, images, pictures, graphs, trademarks, icons, documents and materials, or features and specifications of products described, depicted, or posted on the Site temporarily or permanently, at any time, without notice and without liability.

Ownership and Intellectual Property Rights:

All content contained on this Site, including all text, names, images, pictures, graphs, icons, trademarks, documents, materials, computer code and software (“Content”), is OUR property or is licensed by US, and is protected by U.S. and foreign copyright and trademark laws. You may not copy, reproduce, distribute, display, transmit or modify any of the Content contained on this site or use any trademarks or service marks of US or OUR licensors. Nothing contained herein should be construed as granting, by implication, estoppel or otherwise, any license or right to USER to use, copy, or imitate in whole or in part any of the Content.

Use of This Site Is Restricted:

USER may not display, modify, remove, delete, add to, publish, transmit, upload, post, reproduce, publish, license, create derivative works from, decompile, reverse engineer, download, or distribute or in any way exploit any of the Content on the Site or on other links to the Site or layout of the Site in part or in whole, in any form except as set forth herein.

USER shall not use the Site or any of the Content for any commercial purpose, including but not limited to the use of any of the Content to market or sell goods or services to any person. USER shall not launch any automated system, including without limitation, "robots," "spiders," or "offline readers," to access the Site, provided that the operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. USERS shall not collect or harvest any personally identifiable information, including account names, from the Site, or to solicit, for commercial purposes, any person who has posted material to the Site with respect to that person’s posted materials.

Notwithstanding the generality of the foregoing, USER may download only one (1) copy of the Content onto one computer to be used only by USER for USER’S personal use at home (excludes the Site design and layout, software, materials from third-party links provided by US). If USER downloads any Content from this Site, USER may not remove any copyright or trademark notices or other notices that go with it. Except as provided herein, downloading and distribution of materials, images, or Marks on this Site or from sites that link to this Site without copyright owner’s permission is strictly prohibited.

USER may not upload, post, e-mail, transmit, or otherwise make available any content that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically, or otherwise objectionable. WE will fully cooperate with any law enforcement authorities or court order requesting or directing US to disclose the identity of anyone posting such materials.

License and Warranties for Submitted Content:

By posting content, inputting data, answering questions, responding to surveys, uploading data or files, sending e mails or otherwise communicating with US through the Site, USER is granting US a perpetual, non-exclusive, worldwide, royalty-free, unrestricted, transferable license to reproduce, display, distribute, adapt, transmit, store, edit and otherwise use all such materials as WE may deem appropriate or suitable, and USER hereby waives and releases any and all claims against US for any use of these materials. USER also agrees that WE may, at OUR discretion, display advertising for OUR products or services or for the products and services of any third party on the same webpage or screen display as that used for any materials submitted by USER. USER represents and warrants that USER is the author of all materials that USER submits for posting on the Site or that USER has all necessary licenses and permissions from the author or other owner of the copyright and other rights in and to those materials to post the materials on the Site. USER also represents and warrants that all of the information contained in any materials submitted by USER for posting on the Site is accurate, and that the materials will not defame any person, will not be obscene and will not violate any person’s right of privacy, publicity or confidentiality.

Posting and Removal:

We are not required to accept any materials submitted by any USER for posting on the Site or to post any materials on the Site, and we may remove any submitted material at any time and for any reason without notice.

Account:

If USER creates an account in order to access some features of the Site or to purchase products or services through the Site, USER represents and warrants that all information provided in connection with that account will be accurate and complete. USER will be solely responsible for all activity that occurs on the account and for any charges incurred in the account, and WE will not be responsible for any losses caused by any unauthorized use of the account. USER will notify US immediately upon learning of any unauthorized use of the account. WE reserve the right to close or cancel a USER account at any time and for any reason without notice.

Indemnity:

USER shall indemnify, hold harmless and defend US and our owners, officers, directors, employees, agents and contractors from and against any and all claims, damages, losses, liabilities, judgments, awards, settlements, costs and expenses (including attorney’s fees and court costs) arising out of or resulting from USER’S use of this Site, the posting by USER of any materials on this Site or the violation by USER of any of the Terms of Use.

We Are Not Liable for nor Do We Endorse Content on Links Found on OUR Site:

This Site may contain links to other websites maintained by third parties, and third party websites may contain links to this Site. We do not control any third party website which is linked to this Site. Links to third-party websites are provided as a convenience to the USER and do not imply OUR endorsement, sponsorship, affiliation, approval or guarantee of the sponsor of any such third party website or any products or services offered by or through any such website. We make no warranties with respect to any third party website, and we shall not be responsible or held liable for the accuracy or completeness of the content of any such third party website or for the products or services provided by or through any such website or by the sponsors or hosts of any such website. The USER is solely responsible for compliance with all rules of use for the use of any third party website.

Termination of Site Use:

WE reserve the right in OUR sole discretion to refuse, terminate, suspend, or revoke USER’S authorization to view or access the Site for any reason, at any time, without notice. We reserve the right at any time and at OUR sole discretion to cancel or refuse to fill any order for OUR goods and services placed through the Site, whether or not such order has been confirmed.

Disclaimer of Warranties and Damages/Limitation of Liability:

USER ACKNOWLEDGES AND AGREES THAT USER’S USE OF THE SITE IS AT USER’S OWN RISK. ALL PRODUCTS, MATERIALS, AND CONTENT PROVIDED ON THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OR CONDITIONS WITH REGARD TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND, WHETHER IN ACTION BY CONTRACT, NEGLIGENCE, OR TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY ARISING OUT OF OR IN CONNECTION WITH THE USER’S USE OF THE SITE OR ANY SITES WHICH ARE LINKED TO THE SITE INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING OR RESULTING FROM THE USE OF OR ACCESS TO THE SITE, CONTENT ON THE SITE, OR LOSS OF USE OF THE SITE. WE DO NOT WARRANT THAT THE SERVICES AND CONTENT ON THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, THAT CONTENT OBTAINED FROM THE SITE OR FUNCTIONS CONTAINED ON THE SITE AND THE SERVER ON WHICH IT RESIDES ARE FREE FROM ERRORS, DEFECTS, OR VIRUSES, OR THAT SUCH ERRORS OR DEFECTS WILL BE FIXED.

Risk of Loss:

Title to all items purchased from this Site and the risk of loss for all items purchased from this Site will pass to USER upon delivery of the items purchased to the carrier selected by US.

Severability:

If any provision of the TERMS OF USE is deemed to be unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable to the extent that it is unlawful, void, or unenforceable but shall not affect the validity or enforceability of the remaining provisions.

Complete Agreement:

These Terms of Use constitute the entire agreement between US and USER concerning USER’S use of the Site. If any provision is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. No waiver of any the Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by US to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. WE reserve the right to modify these Terms of Use at any time, and USER will be bound by any modifications. USER’S use of the Site following any modification will constitute assent to and acceptance of the modifications.

No Unsolicited Manuscripts:

WE do not accept and will not acknowledge receipt of or respond to or return any unsolicited queries or manuscripts sent through this Site.

Collection of USER’S Personal Information:

The terms of OUR Privacy Policy governs use of USER’S personal information that WE collect and receive from USER (“Privacy Policy”). The Privacy Policy is hereby incorporated by reference into the TERMS OF USE.

OUR Privacy Policy May Change at Any Time without Prior Notification:

WE reserve the right to change the Privacy Policy at any time, and USER shall be legally bound by any such revisions. Changes to the Privacy Policy are effective at the time changes are posted. By continuing to use this Site after any changes are posted, USER is indicating acceptance of those changes. The most current version of the Privacy Policy can be reviewed by clicking on the “Privacy Policy” icon located at the bottom of OUR Site pages.

Jurisdiction:

The Website shall be deemed to be based solely in Minnesota. This agreement shall be governed by the laws of the State of Minnesota, without regard to its conflicts of law principles, and USER waives any claims that may arise under the laws of any nation other than the United States or any state other than Minnesota. Venue and jurisdiction for all disputes or claims arising under or out of these Terms of Use or your use of the site shall be exclusively in the federal and state courts serving Minneapolis, Minnesota, and USER irrevocably agrees to submit to the personal jurisdiction of those courts and waives any claims of lack of jurisdiction or inconvenient forum. If USER accesses this Site from another country, USER is responsible for compliance with any and all applicable local laws. If the Content does not conform to the laws of the country where USER accesses the Site, the Site is not meant for USER.

Limitation on Actions:

ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR USER’S USE OF THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, AND WILL THEREAFTER BE PERMANENTLY BARRED.

General Contact Information:

If USER has any questions about the TERMS of USE, the Site, its Content, or USER’S use of the Site, please feel free to contact US via:

1) e-mail: custserv@lernerbooks.com
2) phone: 1-800-328-4929

Or mail at:
Contracts & Rights Department
Lerner Publishing Group
241 First Avenue North
Minneapolis, MN 55401

Notices of Infringement:

Any copyright owner or agent of a copyright owner who believes that any material posted on the Site infringes his, her or its copyrights may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the works covered by the notification;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the material to be located on the Site;
  • Information reasonably sufficient to permit US to contact the owner, such as an address, telephone number, and, if available, an e mail address;
  • A statement that the owner has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the person submitting the statement is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notifications of claimed infringement are to be sent to:

Contracts & Rights Department
Lerner Publishing Group
241 First Avenue North
Minneapolis, MN 55401

A DMCA notice that does not comply with all of the above requirements may not be valid.

Counter-Notices:

A USER who has submitted materials to be posted to the Site and who believes that any of the materials which were removed are not infringing, or that the USER has the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post those materials to the Site, may send a counter-notice to US with the following information:

  • The USER’S physical or electronic signature;
  • Identification of the content that has been removed and the location at which the content appeared before it was removed or disabled;
  • A statement that the USER has a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
  • The USER’S name, address, telephone number, and e-mail address, a statement that the USER consents to the jurisdiction of the federal court in Minneapolis, Minnesota USA, and will accept service of process from the person who provided notification of the alleged infringement.

WE reserve the right to send a copy of any counter-notice to the original complaining party. Unless the copyright owner files an action seeking a court order, the removed content may be replaced, or access to it restored, at OUR sole discretion.

Shipping Information

We select the best available shipping option provided by known and respected carriers, based on competitive rates, at the time of the order. Expect delivery via UPS, USPS or FedEx. Your tracking number will indicate which carrier has been selected.

Last Revision Date: 11/17/2010