Terms & Conditions
By using, visiting or browsing any Reading Application, or the Service, you accept and agree to the terms of this Agreement. If you do not agree to this Agreement, do not use this Service.
For the purposes of this Agreement:
“Digital Content” means digitized content, such as books and other content.
“Reading Application” means software (including updates/upgrades to that software) we make available that permits users to shop for, download, browse and/or use Digital Content on a Supported Device.
“Service” means the provision of Digital Content, Software, and support and other services that we provide our Reading Application users.
“Software” means all software on electronic devices (including updates/upgrades to that software), and any related documentation that we make available to you.
“Supported Device” means a mobile, computer or other supported electronic device on which you are authorized to operate a Reading Application.
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH [Muscle Master] (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
1.1. Your membership will continue and automatically renew until terminated. To use the Service you must have Internet access and a ready device and provide us with one or more Payment Methods. “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews in order to avoid billing of the membership fees for the next billing cycle to your Payment Method (see “Cancellation” below).
1.2. We may offer a number of membership plans, including memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership by visiting our website and clicking on the My Account link available at the top of the pages under your profile name.
1.3. Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by us at our sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Members of households with an existing or recent membership may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
1.4 Usage. The service is for subscription to a library of ebooks available through our member portal. Users must enter their username and password to login into our platform, user then selects their choice of ebook, which is presented in browsers through our online ebook reader. User has unlimited access to books during their membership.
Information received. The Software may provide us with data about you interaction with the Service (such as device specification, access logs and content digest). The Software may also provide us with information related to the Digital Content on your Supported Devices and your use of it (such as last page read and contentarchiving). Information provided to us, including annotations, bookmarks, notes, highlights or similar markings you make using your Reading Application, may be stored on servers that are located outside the country in which you live.
Information provided to others. You are responsible for any information you provide to others using a Reading Application. Any information you provide to a third party will be subject to the privacy notice or any similar terms that the third party provides to you.
Changes to service. We may modify, suspend or discontinue the Service, in whole or in part, at any time.
Termination. Your rights under this Agreement will automatically terminate if you fail to comply with any term of this Agreement. In case of such termination, we may immediately revoke your access to the Service without refund of any fees. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights.
Governing language. If this Agreement is translated into a language other than English, the English language will govern and prevail to the extent that there is any conflict or discrepancy.
- Billing and Cancellation
3.1. Billing Cycle. The membership fee for the Service and any other charges you may incur in connection with your use of the Service, such as taxes and possible transaction fees, will be charged to your payment method (“Payment Method”) on the specific payment date indicated on the “Account” page. The length of your billing cycle will depend on the type of Service that you choose when you signed up for the Service. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your plan or if your paid membership began on a day not contained in a given month. Visit our website and click on the “Billing details” link on the “Account” page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register. If you signed up for our Service using your account with a third party as a Payment Method, you can find the billing information about your membership by visiting your account with the applicable third party.
3.2. Payment Methods. To use the Service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the Service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
3.3 Updating your Payment Methods. You can update your Payment Methods by going to the “Account” page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
3.4. Cancellation. You can cancel your membership at any time, and you will continue to have access to the Service through to the end of your billing period. To cancel, go to my account page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Billing details” on the my account page. If you signed up for the Service using your account with a third party as a Payment Method and wish to cancel your membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the Service through that third party.
3.6. Refunds. Refund requests are reviewed by our customer support team. If approved, we will process and refund the corresponding amount to your credit card. We offer a full refund of all subscription costs (trial + monthly) in case you decide to cancel your subscription within 3 days from subscribing. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstances.
- The Service
4.1. The Service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your membership, we grant you a limited, non-exclusive, non-transferable right to access the Service and read content through the Service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances.
4.3. By using our Service, you agree to look solely to the entity that manufactured and/or sold you the ready device for any issues related to the device and its compatibility with the Service. We do not take responsibility or otherwise warrant the performance of ready devices, including the continued compatibility with our Service.
- Passwords and Account Access. The member who created the account and whose Payment Method is charged (the “Account Owner”) is responsible for any activity that occurs through the account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the ready devices that are used to access the Service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, us or our partners from identity theft or other fraudulent activity. We are not obligated to credit or discount a membership for holds placed on the account by either a representative of us or by the automated processes of us. If your ready device is sold, lost or stolen, please deactivate the ready device. If you fail to log out or deactivate your device, subsequent users may access the Service through your account and may be able to access certain of your account information. To deactivate a device, follow instructions on the “Account” page of our website.
- Disclaimers of Warranties and Limitations on Liability
6.1. THESERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WE SPECIFICALLY DISCLAIM LIABILITY FOR THE USE OF APPLICATIONS, READY DEVICES, AND SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL WE, OR OUR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- Arbitration Agreement
7.2. If you elect to seek arbitration or file a small claim court action, you must first send to us, by certified mail, a written Notice of your claim (“Notice”). The Notice to us must be addressed to: (“Notice Address”). If we initiate arbitration, we will send a written Notice to [the email address used for your membership account]. A Notice, whether sent by you or by us, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If we and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or us may commence an arbitration proceeding or file a claim in small claims court.
7.3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after we receive notice at the Notice Address that you have commenced arbitration, we will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
7.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
7.6. YOU AND US AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and us agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
8.4.[ Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit the Help Center on our website. In certain instances, Customer Service may best be able to assist you by using a remote access support tool through which we have full access to your computer. If you do not want us to have this access, you should not consent to support through the remote access tool, and we will assist you through other means. In the event of any conflict between this Agreement and information provided by Customer Service or other portions of our website, this Agreement will prevail.]
8.5. Survival. If any provision or provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
8.6. Changes to this Agreement and Assignment. We [Muscle Master] may, from time to time, change this Agreement. Such revisions shall be effective immediately. We may assign our agreement with you to any affiliated company or to any entity that succeeds to all or substantially all of our business or assets related to the applicable service.
8.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writin