Terms Of Service
Welcome to the Just Right Reader website (the "Website"). We hope you will enjoy it!
Last Updated February 21, 2020
YOU AGREE TO THE CLASS ACTION WAIVER AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE ANY DISPUTES WITH US, AS DESCRIBED BELOW.
1. Subscriptions, Purchases, and Billing
A. Subscriptions. We offer monthly, 6 month, and 12 month subscriptions that allow our members to receive personalized ‘Just Right’ reading selections and reading tools (a “Subscription”). Your Subscription will continue and automatically renew at the end of the Subscription period on a month-to-month basis until terminated. You must cancel your Subscription at least 3 days before the end of your Subscription period in order to avoid billing of the Subscription fees for the next month’s Subscription to your Payment Method (see “Cancellation” below).
We may offer multiple Subscription plans, including special promotional plans, and these Subscription plans may have different conditions and limitations that will be disclosed at your sign-up or in other communications with you. You can find specific details regarding your Subscription in your My Account under Manage Subscriptions or by emailing our customer care team at email@example.com. We reserve the right to modify or terminate our offered Subscription plans at any time.
Products and Subscriptions are only available to customers with shipping addresses in the United States of America.
B. Recurring Billing. The applicable fees for the Subscriptions and any other charges you may incur in connection with the Subscription, such as taxes and lost or damaged book fees, will be charged to your Payment Method on the specific billing date indicated in your My Account page. The fees for 6 month and 12 month Subscriptions will be charged up front in one lump sum for the entire Subscription period. Unless you cancel your Subscription or (in the case of our 6-month and 12-monthy Subscriptions) purchase a new 6 month or 12 month Subscription, at least 3 days before the end of your Subscription period, your Subscription will automatically renew for a monthly Subscription and your Payment Method will be billed in advance for the next month’s Subscription. The applicable fee for your Subscription will be charged at the rate in effect on the date of renewal. We reserve the right to change the timing of our billing for any reason, in particular, as indicated below, if your Payment Method has not successfully settled. Your renewal date may also change due to changes in your Subscription membership. You acknowledge that the amount billed each billing cycle may vary for reasons that include differing amounts due to promotional offers, changes in your Subscription, changes in the amount of applicable sales tax, and charges for lost or damaged books or books not returned upon cancellation or termination of your Subscription. By starting your Subscription and providing a Payment Method, you authorize us to charge your Payment Method in accordance with this User Agreement.
C. Payment Method. When you purchase a Subscription or a Product through this website, we will bill the credit card or other payment method that you have provided (your “Payment Method”). If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not update your Payment Method information with us or cancel your Subscription (see “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the fees for your Subscription to the updated Payment Method.
D. Gift Subscriptions. Subscriptions can also be purchased as a gift. To purchase a gift Subscription, click the “gift” button at checkout, choose a delivery method, select a Subscription, and enter the shipping and billing information required to complete the gift purchase.
E. Returns. Subscription fees are fully earned upon payment and we do not accept returns of Subscription packages. There are no refunds or credits for partially used Subscription periods. No refunds will be issued for Product sales or Subscriptions.
However, if a you receive a damaged Product and return the Product within 15 days from the shipment date, we will either (at our election) exchange the damaged Product with a replacement Product or issue you a credit in the amount of your purchase to apply towards the purchase of other Products. For Subscription members, if you return a damaged Product that was included in your Subscription within the 15-day period or notify us within such 15-day period that your package was missing any Products, we will either send you a replacement of that Product or extend your Subscription by one month without charge (at our discretion).
If you receive any damaged Products or your package is missing any Products, please email the Just Right Reader Customer Care Team at firstname.lastname@example.org. You must return the damaged Product to us within 15 days from the date of shipment in order to qualify for an exchange or credit or extension of your Subscription.
F. Cancellation. You can cancel your Subscription at any time, and you will continue to have access to your Subscription benefits through the end of your Subscription period. Note, however, that we do not provide refunds or credits for any partial Subscription periods. You may elect to cancel your Subscription at any time by logging into your account and cancelling the Subscription, or by emailing the Just Right Reader Customer Care Team at email@example.com. Cancellation of your Subscription must occur at least 3 days before the end of your Subscription period if you do not wish to have receive the following month’s shipment and have your Payment Method charged for a subsequent month. If you cancel your Subscription, you must return all Products within 10 days of the end of your last Subscription period to avoid being subject to any charges for unreturned books (see “Charges for Lost, Damaged, or Unreturned Books” below).
G. Charges for Lost, Damaged, or Unreturned Books. Provided you continue to pay for your Subscription, you may keep the Subscription books delivered to you as long as you like. However, in the event that any Subscription book is lost or damaged, you will be charged a $5 fee for each such book that is not returned or is returned in damaged condition. If you cancel your Subscription and fail to return any or all of the books provided to you within 10 days of the end of your last Subscription period, you will be charged a $5 fee for each book that is not returned within such time.
H. Changes to the Price and Subscriptions. We may change the Subscription plans and the price of any Subscription plan from time to time. You will be given prior notice of any such price changes to your Subscription, and such changes will take effect at the start of the next Subscription period of your Subscription following such notice.
I. Passwords and Account Access. For our Subscription members, you are responsible for your account password, account information and all activity under your account. If you purchase a Subscription, you will need to register on this website to create a Subscription account by providing us with current, complete, and accurate information as prompted by the registration form and you will need to choose a user name and password. In order to use certain portions of this website, you may be required to be logged into your account and have a valid Payment Method associated with it on file with us. You may not use anyone else’s username or password, or permit others to use yours. You must notify us immediately of any suspected unauthorized activity or any inaccuracy in your account information. We reserve the right to terminate membership or accounts, refuse service, or cancel orders in our sole discretion without liability.
J. Usage of the Service. You must be 18 years of age or older to become a Subscription member and purchase Products from this website. You agree to use the Products and the Subscriptions in accordance with all applicable laws.
2. Site Access and Use
A. Intended Audience of Site – COPPA. We are in compliance with the requirements of the Children’s Online Privacy Protection Act (“COPPA”). Our Site is not directed to children under the age of 16. As a result, our Site does not request or knowingly collect personal data from individuals under the age of 16.
B. Site Content is Protected by United States and International Laws. All content included in or made available through our Site, such as Subscription terms, text, images, logos, graphics, and functionality, is the property of Just Right Reader or its content suppliers and is protected by United States and international copyright, patent, trademark, trade secret, and other intellectual property laws. You may not use that content in any way whatsoever, except as expressly permitted by this User Agreement (or in the case of copyright material, as permitted by United States copyright laws). Subject to your compliance with this User Agreement, this User Agreement grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal, non-commercial use of our Site. In no event may you use our Site, or any of its content, in any commercial manner, nor may you purchase our Products for resale. Moreover, you may not (i) download or copy Site information for the commercial benefit of you or a third party; (ii) publish any collection or compilation of any Product listings, descriptions, or prices; or (iii) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Site and the information contained thereon; or (iv) attempt to gain access to any other user’s account. We may revise this consent to use, or withdraw access to, our Site at any time without notice or liability to you.
C. User Comments and Submissions. We welcome your comments and feedback regarding our Site and our Products and, by sharing your comments and feedback, you acknowledge that you do so on a non-confidential basis. By posting or submitting any comments, ratings, reviews, suggestions, ideas, photos, images, content, and any other submissions, including via any teacher sessions or ‘Just Right’ questionnaire (“User Submissions”), in connection with your use of our Site or the Products, you grant Just Right Reader an irrevocable, perpetual, worldwide, royalty-free, fully-paid, non-exclusive, transferable license to use, make derivative works of and exploit the User Submissions in any manner without limitation (including for any commercial purpose) in any form of medium, whether now existing or developed in the future. You also grant Just Right Reader the right to use (if it chooses) the name that you submit in connection with the User Submission. You may not use a false e-mail address or otherwise mislead as to the origin of any User Submission, nor may you submit any personally identifiable information of any child under 16 years of age. If you post or submit any User Submissions, you represent that those submissions are not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property or other rights, or otherwise injurious to any person or entity and that none of those submissions contain any viruses, trojan horses or any computer programming routines or engines that are intended to damage or gain unauthorized access to any computer system or network.
D. Intellectual Property Complaints. If you believe that your intellectual property rights are being infringed, you may request removal of the content pursuant to the procedures provided in our Intellectual Property Infringement Notice Procedure at the end of this User Agreement.
F. Electronic Communications. When you visit our Site or send e-mails or other communications from your desktop or mobile device, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications be in writing.
3. Disclaimers, Limitation of Liability, and Indemnification. Our Site may contain links to other websites. We are not responsible for those websites, their content or any goods or services available on those websites. Inclusion of any linked website on our site does not imply approval or endorsement by us. When you access these third-party sites, you do so at your own risk.
While we are committed to safeguarding your privacy online, we cannot guarantee and make no representations that communications will be absolutely secure. By submitting your personal information to us, you acknowledge that there is no guarantee of security and that we have no liability for any interception or unauthorized access.
OUR SITE, ITS CONTENTS AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF OUR SITE AND PRODUCTS IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JUST RIGHT READER DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. JUST RIGHT READER DOES NOT WARRANT THAT YOUR USE OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT OUR SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH JUST RIGHT READER ENDEAVORS TO PROVIDE ACCURATE PRODUCT INFORMATION, IT DOES NOT MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON OUR SITE. NEITHER JUST RIGHT READER NOR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, DEATH, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER OR NOT IT KNEW OR SHOULD HAVE KNOWN THE LIKELIHOOD OF SUCH DAMAGES, ARISING OUT OF OUR SITE OR YOUR USE OF THE PRODUCTS. IF THE ABOVE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED $100.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS JUST RIGHT READER AND ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND VENDORS FROM AND AGAINST ANY THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF YOUR BREACH OF THIS USER AGREEMENT.
Some states do not allow the exclusion or limitation of certain warranties or liabilities, in which case the above limitations or exclusions may not apply to you.
4. Disputes. Any disputes and claims between us that cannot be resolved by our customer service team will be resolved in accordance with this dispute resolution provision.
Any dispute or claim related in any way to your use of or otherwise arising out of our Site, including any Products purchased through our Site or your participation in any promotional activities, will be resolved by binding arbitration rather than in court, except as specified below. Claims for public injunctive relief (as defined by law) are not subject to this mandatory binding arbitration provision. Similarly, in lieu of arbitration, you may assert claims in small claims court having jurisdiction if your claims qualify.
There is no judge or jury in arbitration and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
You may opt out of these dispute resolution procedures by calling Just Right Reader at [NUMBER] or emailing firstname.lastname@example.org to request the opt out form. Your completed opt out form must be received by Just Right Reader within 30 days of the date when you first accept this User Agreement, or it will not be valid.
The arbitration will be conducted by the American Arbitration Association (AAA) under the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”). The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Just Right Reader will reimburse those fees for claims demanding less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Just Right Reader will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. Unless we agree otherwise, the arbitration hearing will take place in the county of your billing address.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial and agree that such claim may be brought only in the state and federal courts located in San Francisco, California. This provision will survive any termination of this User Agreement.
5. Governing Law and General. The Federal Arbitration Act, applicable federal arbitration laws and the laws of the State of California, USA, without regard to principles of conflict of laws, will govern this User Agreement and any dispute of any sort that might arise between you and Just Right Reader.
This User Agreement, and the other policies posted on our Site, constitute the entire agreement between us regarding our Site and the Products. However, if we offer any promotional activities, such as contests, on our Site, your participation in those activities may be subject to additional terms (“Promotional Terms”). In such case, to the extent the Promotional Terms conflict with this User Agreement, the Promotional Terms will control. Just Right Reader’s failure to exercise any right under this User Agreement does not operate as a waiver of such right. All section titles are for convenience and do not affect the meaning of any provision. All uses of “including” or “includes” may not be interpreted as limiting. If any provision is unlawful, void or unenforceable, that provision is deemed severable and will not affect any remaining provision.
Need Additional Assistance? If you have any questions about this User Agreement or our Products, please contact Just Right Reader by mail or email:
Just Right Reader
5654 GEARY BOULEVARD
San Francisco, CA 94121
Intellectual Property Infringement Notice Procedure.
If you believe that your that your copyright, trademark or other intellectual property rights have been infringed, please mail your written claim of infringement to our copyright agent:
Just Right Reader
5654 GEARY BOULEVARD
San Francisco, CA 94121
Written claims of copyright infringement must include:
Signature of person authorized to act on behalf of copyright owner;
Description of copyrighted work;
Description of where the infringing material is located on our Site;
Your address, telephone number, and e-mail address;
Statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or law; and
Statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
If the content was removed under the take-down procedures of the United States Digital Millennium Copyright Act (DMCA), you may be able to file a DMCA counter-notification. In these cases, you’ll receive further instructions about this process in the notification you receive from Just Right Reader.