Terms of Use

LDSBooksAndThings.com Terms of Use

Last Updated: Jan 01, 2018


These Terms of Use govern your use of and access to the LDSBooksAndThings Sites. By accessing or using the LDSBooksAndThings Sites, or by otherwise accepting these Terms of Use, you agree to these Terms of Use. If you violate or do not agree to these Terms of Use, your access to and use of the LDSBooksAndThings Sites is unauthorized.

In these Terms of Use:


When we say “LDSBooksAndThings”, we mean LDSBooksAndThings.com, Inc. and any subsidiaries and affiliates of LDSBooksAndThings (including any that LDSBooksAndThings may form or acquire in the future). We also refer to LDSBooksAndThings as 'we', 'us' and 'our' - we hope these Terms of Use read better that way.
When we say “LDSBooksAndThings Sites”, we mean www.LDSBooksAndThings.com, the LDSBooksAndThings.com apps, and all related services, content, functionality, and transactions offered by LDSBooksAndThings on or through www.LDSBooksAndThings.com and the LDSBooksAndThings.com apps. LDSBooksAndThings Sites do not include the websites of our affiliates, including without limitation www.hayneedle.com, which website is governed by their respective terms of use.
When we say “you” or “your” we mean users of the LDSBooksAndThings Sites (like you!).
When we say “Terms of Use”, we mean these Terms of Use and all other terms and policies on the LDSBooksAndThings Sites (and any updates to those terms and policies).
IMPORTANT: BY USING THE LDSBOOKSANDTHINGS SITES, YOU AGREE TO RESOLVE ANY DISPUTE WITH LDSBOOKSANDTHINGS THROUGH BINDING ARBITRATION, NOT IN COURT, AND YOU WAIVE CERTAIN RIGHTS TO PARTICIPATE IN CLASS ACTIONS. CERTAIN EXCEPTIONS AND WAIVERS ARE DETAILED IN SECTIONS 13 AND 14.

While all of these Terms of Use contain important points, please note the warranty disclaimers and limitations on LDSBooksAndThings’s liability explained in sections 9 and 10 in particular. As a continuously evolving shopping platform, we must disclaim or limit our liabilities relating to the LDSBooksAndThings Sites and the products on the LDSBooksAndThings Sites.

We’ll continue to update these Terms of Use over time - we explain that in section 15.

1. Placing an Order on LDSBooksAndThings
Account Registration & Guest Checkout
To make a purchase on LDSBooksAndThings, you must either register for an account by clicking here or you may choose to checkout as a guest. You must be at least 18 years old to place an order on LDSBooksAndThings. Only one account is permitted per household.

You agree that all information you provide will be true and complete, and you will keep your information current and up-to-date. You agree to keep your LDSBooksAndThings username and password confidential, and to access the LDSBooksAndThings Sites from devices that have up-to-date operating systems and security software. You agree not to allow anybody else to use your account, including in any way that is meant to circumvent these Terms of Use. You will be responsible for all purchases made, and anything else that occurs, through your account and/or your guest checkout access.

Certain LDSBooksAndThings Site functionality and offers may not be available to you if you choose to checkout as a guest.

Please notify us immediately of any suspected unauthorized activity on your account or regarding your guest checkout access by sending an email to privacy@LDSBooksAndThings.com.

Shipping
LDSBooksAndThings only ships within the contiguous United States (48 states and District of Columbia). If you’re in Alaska or Hawaii, which are both amazing places, we’re sorry and we want to be shipping there as soon as we can. For more information about shipping and delivery, please see our Shipping & Delivery policy.

Orders and Pricing
A product’s strikethrough price is what we believe to be a representative online price for such product, and when possible is based on the suggested retail price provided by the supplier or manufacturer, which we check against prices from other online retailers on a regular basis. While we always try to show you a representative price, we can’t guarantee that you won’t see lower prices at other websites. But LDSBooksAndThings is striving to be an online price leader when you shop for a larger, more efficient cart of goods... so read on.

As you shop on the LDSBooksAndThings Sites, our dynamic pricing engine may increase or decrease the prices of items in your cart, and/or the savings applied to the items in your cart. You must review your entire final order, including your cart savings, total purchase price, and each individual item price, before submitting your final purchase request at checkout.

Pricing errors, out-of-stock and other errors occasionally occur on the LDSBooksAndThings Sites. We reserve the right to cancel any orders containing pricing errors, out of stock errors or other errors at any time without further obligation to you, including after you have received a confirmation of your order. Should this happen with your order, we’re very sorry for the inconvenience. Please contact us so we can try to figure out what happened and do our best to make sure it doesn’t happen again.

In addition, if any item you request becomes unavailable on the LDSBooksAndThings Sites, we may cancel your order or - alternatively - instead of canceling your order, we may, at our discretion, purchase and/or have fulfilled the unavailable item(s) on your behalf from third parties. If we do this, of course we’ll only charge you the price quoted in your LDSBooksAndThings purchase order.

Taxes
Items sold on the LDSBooksAndThings Sites may be subject to tax. Prior to submitting your purchase request, you will see an estimate of the tax to be collected on your order. This tax amount will depend on various factors, including the items purchased, the shipment destination, and the identity of the seller(s).

Unless specifically indicated on the checkout page, LDSBooksAndThings is the seller of items purchased on the LDSBooksAndThings Sites. Any applicable tax on those items will be applied to the item price you pay for taxable items, less any savings amounts.

If LDSBooksAndThings is not the seller of your items, items will be subject to tax based on the sales tax collection obligations of the seller. Applicable tax on such orders will be applied to the item price indicated by the seller. For these items, savings amounts will not always reduce the price at which tax is charged.

Title and Risk of Loss
Title to the items purchased by you on the LDSBooksAndThings Sites (and the related risk of loss on these items) passes to you upon delivery of the items to the common carrier used by LDSBooksAndThings.

Returns and Refunds
Returns and refunds are available only as described in our Returns/Refund policy. While LDSBooksAndThings will strive to provide returns and refunds, excessive or abusive returns or attempted returns will void our Returns/Refund policy and any guarantees on future orders.

Resale
We reserve the right to prohibit or limit sales to resellers or other parties who purchase a product from LDSBooksAndThings with the intention to resell that product. We also reserve the right to limit the quantity of items purchased per account, per guest user, credit card, shipping address, person, household or order for any reason.

2. Accuracy, Completeness and Timeliness of Information on the LDSBooksAndThings Sites
The LDSBooksAndThings Sites contain lots of information provided by third party sellers and other content providers. Despite our efforts to be accurate, we don't guarantee any aspect of any product information on the LDSBooksAndThings Sites, including, without limitation, product images, descriptions, specifications and reviews. The information on the LDSBooksAndThings Sites is for information purposes only, and may be inaccurate, incomplete, out-of-date, unreliable, miscategorized, or not helpful. (Although hopefully it isn’t!) Product information contained on the LDSBooksAndThings Sites may differ from information contained on the actual product materials. Before you act on information you find on the LDSBooksAndThings Sites, you must independently confirm any facts about the item(s) that are important to your decision.

If you purchase a product that is not as described, your sole remedy against LDSBooksAndThings is to return it and/or request a refund in accordance with our Returns/Refund policy.
If you find an error or notice something that doesn't look right on the LDSBooksAndThings Sites, we would appreciate it if you let us know by contacting us at feedback@LDSBooksAndThings.com. Your feedback is a big part of what makes LDSBooksAndThings better.

Special provision for drugs, medical products, foods or drinks with potential or actual beneficial qualities, fitness claims, and alternative medicine: No information on the LDSBooksAndThings Sites, including, without limitation, health, medical, wellness, fitness, prescription, and pharmaceutical information, is a substitute for the diagnosis, treatment, or advice of your medical professional. The LDSBooksAndThings Sites do not include all information regarding precautions, dosage information, side effects, or interactions, and should not be understood to indicate that any drug or other product is safe for you. You must consult the actual product information included with the product (including package inserts) and contact the manufacturer of the product for additional information. The Food and Drug Administration has not evaluated the information relating to dietary supplements. We recommend that you speak with your medical professional for guidance before using any drug or any other product relating to health, medicine, wellness or fitness.

3. Privacy
You consent to the collection, use, disclosure and other handling of information as described in our Privacy Notice, which may be updated from time to time. You consent to our monitoring and recording of telephone calls, emails, and texts (and other forms of communications) between you and us, no matter who initiates the communication. (Monitoring and recording calls and emails helps us get better at helping you!)

4. Use of Materials on the LDSBooksAndThings Sites
All content on the LDSBooksAndThings Sites (including, for example, text, designs, graphics, logos, icons, images, audio clips, downloads, interfaces, information, code and software, and the selection and manner of compilation and presentation), is owned by LDSBooksAndThings, other content providers (such as LDSBooksAndThings’s retail partners or suppliers) or their licensors, and may be protected by copyright, trademark, and other applicable laws.

Your access to and use of the LDSBooksAndThings Sites does not grant you any license or right to use any trademark, logo, or service mark displayed on the LDSBooksAndThings Sites. LDSBooksAndThings, other content providers, or their licensors retain full and complete title to and reserve all rights in the material on the LDSBooksAndThings Sites, including all associated intellectual property rights. LDSBooksAndThings neither warrants nor represents that your use of materials on the LDSBooksAndThings Sites will not infringe rights of third parties.

You may access the LDSBooksAndThings Sites only for your personal and non-commercial use, and you may not modify or delete any copyright, trademark or other proprietary notice relating to the material you access.

Any other use of the material on the LDSBooksAndThings Sites, including, without limitation, the modification, distribution, transmission, performance, publication, uploading, licensing, reverse engineering, transfer, or sale of, or the creation of derivative works from, any material, information, software, products, or services obtained from the LDSBooksAndThings Sites, or use of the LDSBooksAndThings Sites for purposes competitive with LDSBooksAndThings, or for other commercial purposes, is expressly prohibited. You agree to abide by all additional restrictions displayed on the LDSBooksAndThings Sites as they may be updated from time to time.

5. Materials You Submit
You acknowledge that you are responsible for all materials you submit to LDSBooksAndThings via the LDSBooksAndThings Sites or other electronic communications (including through any part of the LDSBooksAndThings Sites administered by third parties like Facebook, Instagram, other social media platforms and the tools that allow you to interact with the LDSBooksAndThings Sites through these social media platforms). This means you are responsible for the legality, accuracy, appropriateness, originality, and copyright of any such material you submit.

Unless we indicate otherwise, if you submit any material to us, you grant LDSBooksAndThings an unrestricted, worldwide, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display these material throughout the world in any media. You further agree that LDSBooksAndThings is free to use any ideas, concepts, feedback, and know-how you provide to LDSBooksAndThings. You grant LDSBooksAndThings the right to use the name you submit in connection with such material if we choose. You represent and warrant that you own or otherwise control in perpetuity all the rights to the content you submit, that such content is accurate, and that use of such content will not violate any law or these Terms of Use.

You agree not to submit content that:

infringes or violates anyone else’s patent, copyright, trademark, trade secret, rights of publicity or privacy, or other intellectual property rights;
is illegal or encourages illegal activities or any breach or violation of a right (including a contractual right) held by a third party;
is fraudulent, false, misleading, or deceptive;
is defamatory, obscene, pornographic, vulgar, or offensive;
promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;
is violent or threatening, or promotes violence against, or actions that are threatening to, any individual or group;
has a commercial purpose;
is intended to cause harm, damage, disable, or otherwise interfere with the LDSBooksAndThings Sites or our partners; or
can be considered a third party’s private or confidential information.
6. Restrictions on Access and Use
When accessing and using the LDSBooksAndThings Sites, you agree:

You will not do any of these (generally bad) things:
Violate any law, rule, regulation, or these Terms of Use;
Engage in conduct that is fraudulent or otherwise harmful to LDSBooksAndThings, our partners, or any other user;
Display to others, mirror, or frame the LDSBooksAndThings Sites, or any component of the LDSBooksAndThings Sites;
Access the LDSBooksAndThings Sites if we have prohibited you from such access;
Circumvent any rules or terms set forth on the LDSBooksAndThings Sites including those relating to any promotion, contest or program on the LDSBooksAndThings Sites;
You will not do any of these (sneaky and annoying) things:
Access, tamper with, or use non-public areas of the LDSBooksAndThings Sites, LDSBooksAndThings’s computer systems, or the technical delivery systems of LDSBooksAndThings or LDSBooksAndThings’s providers;
Probe, scan, or test the vulnerability of any LDSBooksAndThings Sites or breach any security or authentication measures;
Interfere with the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the LDSBooksAndThings Sites;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure intended to protect, limit access to, or control the LDSBooksAndThings Sites;
Decipher, decompile, disassemble, or reverse engineer any of the software used on or in connection with the LDSBooksAndThings Sites;
Collect any personally identifiable information from users of the LDSBooksAndThings Sites or use any such information found on the LDSBooksAndThings Sites;
Use a third party’s credentials, conceal your true IP address, or otherwise impersonate or misrepresent your identity or affiliation with any person or entity;
Use the LDSBooksAndThings Sites to determine whether a third party holds any type of account, or to learn about or verify information about the account that is not yours;
You will not use LDSBooksAndThings Sites or LDSBooksAndThings’s name, logo, brand or identity to do any of these things:
Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
Use any meta tags or other hidden text or metadata utilizing a LDSBooksAndThings trademark, logo, URL, or product name without LDSBooksAndThings’s express written consent;
And, you will not attempt to do anything, or permit, encourage, assist, or allow any third party to do anything, prohibited in this list of bulleted items, or attempt, permit, encourage, assist, or allow any other violation of these Terms of Use.
You agree not to, directly or indirectly (e.g., through a third party), attempt to access, search, or otherwise use the LDSBooksAndThings Sites (such as by attempting to retrieve information from or about the LDSBooksAndThings Sites) through the use of any engine, software, tool, agent, device, or mechanism (including, without limitation, spiders, robots, crawlers and data mining tools) other than generally available third-party web browsers that (1) provide accurate and complete User-Agent information in the HTTP header, such as Safari, Firefox, Chrome, and Internet Explorer and (2) have not been modified with plugins or otherwise in a manner that facilitates automated or faster-than-normal access to, searching of, or other use of the LDSBooksAndThings Sites. You also agree not to disregard our robots.txt files (but in the event of a conflict between these Terms of Use and a LDSBooksAndThings Site’s robots.txt file, the more restrictive of the two shall apply.)

If you attempt to access, search, or otherwise use the LDSBooksAndThings Sites in any way other than through a generally available third-party web browser meeting the conditions described above, or if you disregard our robots.txt files, you agree that such action shall constitute your permanent consent and authorization for LDSBooksAndThings to immediately and without notice to you, access, search, retrieve information from or about, or otherwise use, any websites that you or your affiliates own, operate, or control, through any engine, software, tool, agent, device, or mechanism that LDSBooksAndThings considers appropriate, including, without limitation, spiders, robots, crawlers and data mining tools, regardless of any statement on such websites (or in their terms of use, terms of service, robots.txt files, or the like) to the contrary, either directly or indirectly (e.g., through a third party).

If you are accessing the LDSBooksAndThings Sites as an employee or agent, you acknowledge that you are extending the permanent consent and authorization described above on behalf of your employer or principal, and you represent that you have authority from that employer or principal to do so.

If you are accessing the LDSBooksAndThings Sites as an employer or principal, you authorize your employee or agent to extend on your behalf the permanent consent and authorization described above, and you acknowledge that your permanent consent and authorization will bind all of your employees and agents.

7. Notice of Copyright Infringement
LDSBooksAndThings has reserved the right, in its sole discretion, to terminate the access of users of the LDSBooksAndThings Sites who infringe on copyrights of LDSBooksAndThings or others. LDSBooksAndThings has designated an agent to receive notices of claimed copyright infringement relating to the LDSBooksAndThings Sites under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). If you believe that your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed, you must send a written notice to LDSBooksAndThings containing the following information:

A physical or electronic signature of the owner of, or 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 such works.
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 us to locate the material.
Contact information for the notifying party, including name, address, telephone number, and email address.
A statement that you have 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.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of, or authorized to act on behalf of the owner of, an exclusive right that is allegedly infringed.
You must submit your written notice containing the above information by fax, email, or postal to the following Designated Agent:

LDSBooksAndThings.com Copyright Agent 2373 W. 700 S., Springville, Utah 84663 Email: help@ldsbooksandthings.com

8. Communications Decency Act Notice
Commercially available parental control protections (such as computer hardware, software, or filtering services) may assist you in limiting access to material on the Internet that is harmful to minors. Current providers of such protections include McAfee and Symantec, as well as others available from this Google search. Please note that we did not create these parental control tools, and we have not tested or evaluated them. Your use of these tools on the LDSBooksAndThings Sites is at your sole risk. You should not assume that these or any other third-party parental control protections will work on the LDSBooksAndThings Sites.

9. DISCLAIMER OF WARRANTIES
This section 9 of these Terms of Use is important because LDSBooksAndThings - as an e-commerce platform - disclaims certain warranties and liabilities. You understand this agreement means LDSBooksAndThings will not assume responsibility for many items. We must do this as a company, but we’ll also try to help our shoppers wherever we can (without legal obligations).

We apologize for the all-caps shouting we’re about to do, but these parts are important.

(*takes deep breath*)

THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE ITEM.

THE LDSBOOKSANDTHINGS SITES, AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, ADVICE, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE LDSBOOKSANDTHINGS SITES ARE PROVIDED SOLELY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, AND THEREFORE YOUR USE OF THE LDSBOOKSANDTHINGS SITES IS AT YOUR RISK.

WE DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THESE DISCLAIMERS INCLUDE, WITHOUT LIMITATION:

THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
ANY WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING;
THAT ACCESS TO THE LDSBOOKSANDTHINGS SITES WILL BE UNINTERRUPTED OR ERROR-FREE;
THAT THE LDSBOOKSANDTHINGS SITES WILL BE SECURE;
THAT THE LDSBOOKSANDTHINGS SITES OR THE SERVERS THAT MAKE THE LDSBOOKSANDTHINGS SITES AVAILABLE WILL BE VIRUS-FREE; AND
THAT COMMUNICATIONS SENT FROM THE LDSBOOKSANDTHINGS SITES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE LDSBOOKSANDTHINGS SITES AND THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE LDSBOOKSANDTHINGS SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LDSBOOKSANDTHINGS IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE LDSBOOKSANDTHINGS SITES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “UTAH LAW APPLIES” SECTION OF THESE TERMS OF USE (SEE SECTION 12), THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

10. LIMITATION OF LIABILITY
This section 10 of these Terms of Use is also important because LDSBooksAndThings limits many of its liabilities. We must limit our liabilities for many reasons, but mainly because its smart for us to do so as an e-commerce business that wants to provide our platform to you as efficiently as possible.

(*takes another deep breath *)

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER LDSBOOKSANDTHINGS, LDSBOOKSANDTHINGS’S EMPLOYEES, BOARD OF DIRECTORS, OR INVESTORS, NOR ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR, OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO:

THE LDSBOOKSANDTHINGS SITES, OR ANY OTHER SITES YOU ACCESS THROUGH A LINK FROM THE LDSBOOKSANDTHINGS SITES;
ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND TO US;
ANY DELAY ON OR INABILITY TO USE THE LDSBOOKSANDTHINGS SITES OR ANY INFORMATION, PRODUCTS, OR SERVICES ADVERTISED ON OR OBTAINED THROUGH THE LDSBOOKSANDTHINGS SITES;
LDSBOOKSANDTHINGS’S REMOVAL OR DELETION OF ANY MATERIALS SUBMITTED OR POSTED ON THE LDSBOOKSANDTHINGS SITES, OR;
OTHERWISE ARISING OUT OF YOUR USE OF THE LDSBOOKSANDTHINGS SITES;
IN EACH CASE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF LDSBOOKSANDTHINGS, ITS SUPPLIERS OR THIRD PARTY CONTENT PROVIDERS, OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, YOUR LOSS OF PROFITS, ANY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OR USE OF, ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER LDSBOOKSANDTHINGS NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY SELLER, SHOPPER, OR OTHER USER OF THE LDSBOOKSANDTHINGS SITES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU DESPITE THE “UTAH LAW APPLIES” SECTION OF THESE TERMS OF USE (SEE SECTION 12), THE ABOVE APPLIES ONLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. UNDER THE LAW IN UTAH WHERE LDSBOOKSANDTHINGS IS BASED, THIS SECTION 10 DOES NOT APPLY TO PREVENT A RIGHT TO RECOVER CERTAIN DAMAGES (INCLUDING PUNITIVE DAMAGES) WHERE A HARMED PERSON PROVES WITH THE REQUIRED EVIDENCE THAT THE HARM SUFFERED WAS THE RESULT OF THE DEFENDANT’S “ACTS OR OMISSIONS AND SUCH ACTS OR OMISSIONS WERE ACTUATED BY ACTUAL MALICE OR ACCOMPANIED BY A WANTON AND WILLFUL DISREGARD OF PERSONS WHO FORESEEABLY MIGHT BE HARMED BY THOSE ACTS OR OMISSIONS.” (UTAH STATUTE 2A:15-5.12). SIMILARLY, THIS SECTION 10 DOES NOT LIMIT LDSBOOKSANDTHINGS’S TORT LIABILITY UNDER UTAH LAW RESULTING FROM LDSBOOKSANDTHINGS’S OWN INTENTIONAL OR RECKLESS CONDUCT.

11. Indemnification
You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless LDSBooksAndThings and its subsidiaries and affiliates, and as to each, their officers, directors, employees, contractors, agents, licensors, service or third party providers, subcontractors, and suppliers, from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable attorneys’ fees and court costs, arising out of or relating to your access to or use of the LDSBooksAndThings Sites, any content you post or submit to the LDSBooksAndThings Sites, your violation of law or infringement of the rights of a third party, or your other violation of these Terms of Use. LDSBooksAndThings reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with LDSBooksAndThings if and as requested by LDSBooksAndThings in the defense of such matter.

12. Utah Law Applies
The laws of the State of Utah apply to everything relating to LDSBooksAndThings’s and the LDSBooksAndThings Sites’ relationship to you. This means that any and all disputes, claims and controversies arising out of or relating to the LDSBooksAndThings Sites, including the sale of products, content, services, or technology, on or used through the LDSBooksAndThings Sites, shall be governed by and construed exclusively in accordance with the laws and decisions of the State of Utah applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions (except for Sections 5-1401 and 5-1402 of the Utah General Obligations Law). The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

13. Disputes/Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. LDSBooksAndThings and you agree that these Terms of Use affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of the provisions in this section 13.

For purposes of this section 13, we will use the capitalized word “Dispute” to mean any dispute, claim, or controversy arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the LDSBooksAndThings Sites, your (or anybody else’s) access to and/or use of the LDSBooksAndThings Sites, and/or the provision of content, products, services, and/or technology on or through the LDSBooksAndThings Sites.

In the event of a Dispute, LDSBooksAndThings or you must give the other notice of the Dispute. This notice must include a brief written statement that sets forth the name, address, and contact information of the party giving it, as well as the facts giving rise to the Dispute and the relief requested. You must send any such notice to LDSBooksAndThings by email to legal@LDSBooksAndThings.com and by U.S. Mail to LDSBooksAndThings.com, Inc., Legal Notice, to: 2373 W. 700 S., Springville, Utah 84663. To the extent that LDSBooksAndThings has your contact information, it will send any such notice to you by U.S. Mail and your email address.

We will try to resolve any Dispute through informal negotiation within 30 days from the date that any notice of Dispute is sent by email and U.S. Mail. LDSBooksAndThings and you shall use reasonable, good faith efforts to settle any Dispute through consultation and good faith negotiations. After 30 days, LDSBooksAndThings or you may resort to the other alternatives described in this section.

Notwithstanding the foregoing, Disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the LDSBooksAndThings Sites shall not be subject to arbitration, and the notice and 30-day negotiation period required by this paragraph shall not apply to these types of Disputes.

Except as otherwise specifically set forth below, any Dispute of any kind, if unresolved through informal discussions within 30 days of the sending of the notice described above, shall be resolved by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in Utah, Utah, and LDSBooksAndThings you agree to submit to the personal jurisdiction of any state or federal court in Utah, Utah to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

The arbitration shall be conducted by a single arbitrator, governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and administered by the AAA. The AAA Rules and fee information are available at www.adr.org or by calling the AAA at 1 (800) 778-7879.

LDSBooksAndThings shall bear the cost of any arbitration filing fees and arbitration fees for claims of up to $75,000, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless LDSBooksAndThings is specifically required to pay such fees under applicable law. For claims that total more than $75,000, the AAA Rules will govern payment of filing fees and arbitration fees. The decision of the arbitrator will be in writing and binding and conclusive on LDSBooksAndThings and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. LDSBooksAndThings and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. LDSBooksAndThings and you understand that, absent this mandatory arbitration provision, LDSBooksAndThings and you would have the right to sue in court and have a jury trial. LDSBooksAndThings and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.

If LDSBooksAndThings’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the AAA Rules, solely based on documents submitted to the arbitrator.

You or LDSBooksAndThings may choose to pursue a claim in small claims court where jurisdiction and venue over you and LDSBooksAndThings otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide LDSBooksAndThings 30-day advance notice by email to legal@LDSBooksAndThings.com and by U.S. Mail to LDSBooksAndThings.com, Inc., Legal Notice, to: 2373 W. 700 S., Springville, Utah 84663

You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to LDSBooksAndThings by email to legal@LDSBooksAndThings.com AND by U.S. Mail to LDSBooksAndThings.com, Inc., 221 River Street, Hoboken, NJ 07030. The notice must be sent within 30 days of your first use of any of the LDSBooksAndThings Sites. If you do not opt out via this method, you will be bound to arbitrate Disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, LDSBooksAndThings will not be bound by them either. If any clause within this Disputes/Arbitration section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. In any event, if for any reason a Dispute between LDSBooksAndThings and you is before a court (e.g., if the arbitration provisions are found unenforceable or if pursuant to these Terms of Use the matter is not subject to arbitration), LDSBooksAndThings and you agree to waive, to the fullest extent allowed by law, any trial by jury.

This Disputes/Arbitration section will also apply to any claims asserted by you against any present or future parent, subsidiary, or affiliated company of LDSBooksAndThings, or any employee, officer, director, or investor of LDSBooksAndThings, and to any claims asserted by any of them against you, to the extent that any such claims arise out of or relate to these Terms of Use (such as with respect to their validity or enforceability), the LDSBooksAndThings Sites, any person’s access to and/or use of the LDSBooksAndThings Sites, and/or the provision of content, products, services, and/or technology on or through the LDSBooksAndThings Sites.

14. Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

For purposes of this section 14, we will also use the capitalized word “Dispute” to mean any dispute, claim, or controversy arising out of or relating to these Terms of Use (such as with respect to their validity or enforceability), the LDSBooksAndThings Sites, your (or anybody else’s) access to and/or use of the LDSBooksAndThings Sites, and/or the provision of content, products, services, and/or technology on or through the LDSBooksAndThings Sites. LDSBooksAndThings and you agree to resolve any Dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. LDSBooksAndThings and you further agree to not participate in any consolidated, class, or representative proceeding (existing or future) brought by any third party arising out of or relating to any Dispute with a third party.

If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in Utah County, Utah.

If any clause within this Class Action Waiver section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect.

This Class Action Waiver section will also apply to any claims asserted by you against any present or future parent, subsidiary or affiliated company of LDSBooksAndThings, or any employee, officer, director, or investor of LDSBooksAndThings, and to any claims asserted by any of them against you, to the extent that any such claims is a Dispute.

15. Changes to These Terms of Use
LDSBooksAndThings may amend these Terms of Use (including any Service Terms) at any time and at LDSBooksAndThings’s sole discretion by posting the updated version on www.LDSBooksAndThings.com:

12:00 p.m. Eastern time on the 10th day after posting to www.LDSBooksAndThings.com (if there is no material update to the Disputes/Arbitration section) or on the 30th day after posting (if there is a material update to the Disputes/Arbitration section); or
your acceptance of them via a click-through process or some other method that we specify.
Updates to the Terms of Use apply on a going-forward basis as of the date they take effect.

16. Termination by LDSBooksAndThings
We may close your account or restrict your guest checkout access at any time in our sole discretion and without notice to you. While we always want to promote a great shopping experience at LDSBooksAndThings, this means we can close (or suspend) your account or guest checkout access if we believe you are using the LDSBooksAndThings Sites in a manner not intended by us, or in a way that circumvents these Terms of Use, or is contrary to the spirit of any activity on the LDSBooksAndThings Sites (like a promotion or contest). In no case will LDSBooksAndThings’s closure of your account, or reduction of your access to the LDSBooksAndThings Sites, waive or affect any other right or relief to which LDSBooksAndThings may be entitled.

17. Additional Terms For Our iOS App
When you use our iOS App, Apple requires you to agree to the following additional terms:

You acknowledge and agree that (i) these Terms of Use are concluded between you and LDSBooksAndThings only, and Apple is not a party hereto, and (ii) as between LDSBooksAndThings and Apple, it is LDSBooksAndThings that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.

In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms of Use, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and LDSBooksAndThings, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty of LDSBooksAndThings will be LDSBooksAndThings’s responsibility, but only to the extent provided by these Terms of Use. Please read our entire Terms of Use, as other sections of these Terms of Use limit LDSBooksAndThings’s liability in this regard.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use with respect to your compliance with this section. Upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Use against you as a third party beneficiary thereof. There are no other third-party beneficiaries of the Terms.

18. Entire Agreement and Admissibility; Applicability to Sellers
These Terms of Use constitute the entire agreement and understanding between you and LDSBooksAndThings with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. A printed version of these Terms of Use shall be admissible in judicial, arbitral, or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If you access or use the LDSBooksAndThings Sites in your capacity as a registered LDSBooksAndThings retail partner (i.e., a seller who has registered with LDSBooksAndThings to sell products on the LDSBooksAndThings Sites), then the LDSBooksAndThings Retail Partner Agreement will apply to you in connection with such access and use, not these Terms of Use. When a LDSBooksAndThings retail partner or other LDSBooksAndThings supplier accesses or uses the LDSBooksAndThings Sites in any other capacity (e.g., as a shopper), these Terms of Use apply and not the LDSBooksAndThings Retail Partner Agreement.

19. Miscellaneous
You may not assign or otherwise transfer these Terms of Use, by operation of law or otherwise, without LDSBooksAndThings’s prior written consent. Subject to the foregoing restriction, these Terms of Use will be binding on, inure to, and enforceable against the parties and their respective successors and assigns. LDSBooksAndThings may assign these Terms of Use in its sole discretion by providing you notice of the same. For example, LDSBooksAndThings may unconditionally assign or otherwise transfer these Terms of Use to any successor in interest, such as an acquirer of a LDSBooksAndThings company (via merger, sale of stock, etc.) or a buyer of substantially all of its assets.

Headings are for reference purposes only and do not limit the scope or extent of any section.

LDSBooksAndThings’s failure to enforce your strict performance of any provision of these Terms of Use will not constitute a waiver of LDSBooksAndThings’s right to enforce such provision or any other provision of these Terms of Use.

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place, except as explained in the second-to-last paragraphs of the “Disputes/Arbitration” and “Class Action Waiver” sections.

20. How to Contact Us
If you have any questions or comments, please contact the LDSBooksAndThings Heads by:

(1) emailing us at help@LDSBooksAndThings.com;

(2) contacting us by phone at 801-489-4084; or

(3) mailing us at LDSBooksAndThings Help at the following address: 2373 W. 700 S. , Springville, Utah 84663

 

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