Terms and Conditions

The following terminology applies to this Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “You” and “Your” refers to you, the person accessing this website and accepting the Company’s Terms and Conditions.  “The Company”, “Ourselves”, “We” and “Us”, refers to our Company.  “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves.  Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.  

 

In using this website You are deemed to have read and agreed to the following Terms and Conditions, which may be updated or changed from time to time by the Company without notice to You.  If You do not agree with any of the Terms and Conditions, do not use this website, our mobile app, or our services. Because our services are evolving over time, We may change or discontinue all or any part of our services, at any time and without notice, at our sole discretion. Your continued use of this website following the posting of any changes to this Terms and Conditions constitutes acceptance of those changes. 

 

Customer Requirements

The Company’s services are available only to, and may only be used by, individuals who are eighteen (18) years and older who can form legally binding contracts under applicable law.  You represent and warrant that You are at least eighteen (18) years old and that all registration information You submit is accurate and truthful. If You are using the services on behalf of any entity, You represent and warrant that You are authorized to accept these terms and conditions on such entity’s behalf and that such entity agrees to be responsible to Us if You or such entity violates these terms and conditions. 

 

Registration Information

You are responsible for maintaining Your registration information confidential and secure and for any and all activities that occur under or in connection with Your registration information. You agree to notify the Company of any known or suspected unauthorized use(s) of Your registration information. The Company will not be liable for any injury, loss or damage of any kind arising from or relating to Your failure to safeguard Your registration information.

 

Services

The Company ships puzzles to pre-approved locations.  

You understand and acknowledge that the information listed on this website related to each puzzle including descriptions, photographs, and images are for informational purposes only, and are not meant as complete or accurate representations of the  items. If You have any questions as to the nature or substance of any particular item, please contact Us for clarification. We reserve the right to change or update item descriptions and depictions at any time without giving You notice any such description or depiction, including to correct any errors, inaccuracies, or omissions, or due to changes in the items. 

Each of the delivery locations may employ their own rules, conditions, waivers and other obligations for which you must notify us. You release Us from all liability related to activities that are wholly under Your control or could have been reasonably prevented by You.  

You understand and acknowledge that due to circumstances beyond our control, We may be required to change shipping methods from time to time.  Notwithstanding anything to the contrary in these Terms and Conditions, in the event that such substituted shipping methods are not acceptable to You for any reason, You may not obtain a refund.  

 

Scheduling and Delivery

You may select the puzzles or other items you’d like to have shipped to you via the Website. After You are done with your items, You will return Your items via a pre-selected delivery method.  

Upon return of rented items, a Company representative will conduct an initial inspection of rented items to see if they are returnable. Any damage to the rented items may be deducted from Your credit card. 

We will do our best to accommodate Your desired scheduling of Your items and/or delivery, but scheduling is subject to availability and is not guaranteed for any particular day or time. We cannot guarantee that every item delivery will arrive precisely within the timeframe You specified. If We deliver a items earlier or later than specified, You agree to accept the item delivery and release Us from all liability for any loss, damage, or inconvenience that You may experience as a result of the untimely delivery.

The Company reserves the right to cancel a scheduled delivery for any reason.  In such event, the Company will notify You promptly in order that You may reschedule the delivery for a different date.  You understand and acknowledge that any such cancelation by the Company shall not result in a refund to You, and that Your sole recourse is to reschedule the delivery for another date and time.  

 

Payment

When You subscribe to our Services or purchase an item or Service, You will be asked to supply additional information, including payment information such as Your credit card number, the expiration date for Your credit card, Your billing address, or other relevant or necessary information to either verify Your identity or process Your payment. You represent and warrant that You have the legal right to use such payment methods which You provide Us. In order to complete Your order, You authorize Us to share Your Payment Information to necessary third parties.

 

Refund Policy

The Company does not offer refunds once payment has been received. If We have cancelled Services for any reason, we shall refund any payment already received. 

Image Release

In the event that photographs of Your use of the Services have been taken and shared either on social media or with Us, the Company reserves the right to use such photographs in its promotional materials.   

Code of Conduct

By purchasing Services, You agree that You will conduct Yourself in an appropriate manner throughout the course of Your participation in those activities.  You agree that You will not engage in activity or behavior that:

  1. (a) is untrue, inaccurate, defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity;

  2. is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; and

  3. is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations).

  4. uses the website or mobile app in any manner that could damage, disable, overburden or impair any Company server or connected network(s) or interfere with any other party’s use and enjoyment of the website or mobile app.

We cannot and do not assure that other participants or other visitors of Your location are or will be complying with the foregoing Code of Conduct or any other provisions of these Terms and Conditions, and, as between You and Us, You hereby assume all risk of harm or injury resulting from any such lack of compliance.

Assumption of Risk

During the course of Your use and enjoyment of any Services, You may face certain risks and hazards, both foreseeable and unforeseeable. These risks and hazards include, but are not limited to, the following: travel and navigation in difficult terrain and inclement weather; inadequate food and/or water supplies; accidents or collisions involving planes, trains, automobiles, or other modes of conveyance; acts of terrorism, vandalism or war; storms, earthquakes or other natural disasters; government restriction or regulation; theft or other criminal acts; and accident or illness in remote locations without access to medical facilities.  These risks and hazards may result in serious physical injury, sickness or death, and damage to, or loss or destruction of property, and no guarantee can be made that the Company or others can provide assistance if any of the forgoing result. You hereby acknowledge that Your use of a Services involves inherent risks of physical injury, illness, death and/or damage to or loss of property, that Your participation is entirely voluntary and that You elect to assume all such risk and use the Services and engage in associated activities with full knowledge of the inherent risks.

Indemnification

You agree to indemnify, defend and hold the Company, its subsidiaries, affiliates, officers, agents, employees and partners harmless from any liability, claim, demand, administrative action, cause of action, suit, damage, loss, cost or expense, including reasonable attorneys' fees, made by any third party due to or arising out of any content or information You submit, post, transmit, modify or otherwise make available on this website or to third parties with whom You are in contact via this website, including but not limited to any confidential information, Your violation of this Terms and Conditions, or Your violation of any rights of another. 

Remedies

Your sole remedy for a breach of this agreement is an action at law for damages.  You waive any right of rescission or to injunctive or other equitable relief.

 

Limitation of Liability

 

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTY AND, IN PARTICULAR, DOES NOT MAKE ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.  FURTHER, THE COMPANY MAKES NO WARRANTY THAT YOU OR YOUR PROPERTY WILL NOT BE DAMAGED OR HARMED IN THE USE OF THE COMPANY’S SERVICES, OR AS TO THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT OR SERVICES.

 

IN NO EVENT WILL THE COMPANY, OR ITS AFFILIATES, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; OR (III) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO THE COMPANY UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION OR ONE HUNDRED DOLLARS ($100.00). THE COMPANY SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.

 

Force Majeure

Neither the Company nor vendors or services used by the Company in the provision of the Services, if any, shall be liable due to causes beyond the control and without the fault or negligence of such party.  Such causes may include, but are not restricted to, acts of God or of a public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, power failure, or failure of the U.S. postal system, but in every case the failure to perform will be beyond the control and without fault or negligence of the party failing to perform. Such party will inform You of any Force Majeure event as soon as practicable after its occurrence.  

 

Americans with Disabilities Act

 

The Company makes no warranty or representation as to whether or not the pick-up and drop-off locations or any of the activities comply with the Americans with Disabilities Act (ADA) or any similar legislation.

Disclaimer

THE SERVICES AND INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.  NEITHER WE NOR ANY THIRD PARTIES PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF THE INFORMATION AND MATERIALS FOUND OR OFFERED ON THIS WEBSITE FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT SUCH INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY SUCH INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Your use of any information or materials on this website is entirely at Your own risk, for which We shall not be liable. It shall be Your own responsibility to ensure that any products, services or information available through this website meet Your specific requirements.

 

Disclaimers, restrictions, disclosure or hedge clauses apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that You consult or download.

 

Miscellaneous 

 

The Company’s rights under this Terms and Conditions may be assigned, however You may not assign Your rights under these Terms and Conditions.  This Terms and Conditions shall inure to the benefit of the parties and their successors, administrators, heirs and assigns.  This Terms and Conditions shall be interpreted under the laws of the State of California applicable to contracts entered into and fully to be performed therein.  No waiver of any term hereof shall be deemed to be continuing or be deemed to waive any other term hereof.  Unless the parties have a written agreement signed by each of them that governs the relationship between the parties, this Terms and Conditions constitute the entire understanding of the parties concerning the subject matter hereof; all prior negotiations and understandings are merged herein.  If there is a conflict or contradiction between the provisions of these Terms and Conditions and any other relevant terms and conditions, policies or notices, the provisions of these Terms and Conditions shall prevail in respect of Your use of this website. Should any term or provision of these Terms of Use be deemed or held to be invalid or unenforceable, the remaining terms and provisions will continue in full force and effect. Headings are solely for convenience or reference and do not constitute a part of these Terms of Use. The terms "including" and "includes" should be read as "including/includes, but not limited to." All rights and remedies given to Us in this Terms of Use are cumulative and not exclusive of any other rights or remedies which We otherwise have at law or equity. Unauthorized use of this website may give rise to a claim for damages.

 

Privacy Statement

The Company is committed to the protection of Your privacy, and will treat all of the information You provide to Us with the utmost respect. The Company works diligently to ensure that it has taken all appropriate administrative and technical measures to prevent the unauthorized or unlawful use of Your personally identifiable information, and to prevent any accidental loss or destruction of, or damage to, such information. The Company will only share the information You provide with its employees, agents, processors and third-party payment vendors as necessary to complete the services requested by You.  We will not sell or disclose personally identifiable information about You to unaffiliated third parties except in accordance with this Privacy Policy. These privacy practices do not govern the use of Your information by third-parties who may have access to Your information, either because the Company has shared that information consistent with these Terms and Conditions or because You provided that information Yourself, whether or not in connection with the services. 

Although We value Your privacy and consequently take commercially reasonable steps to safeguard Your personal information, billing information, or other information from loss, misuse, and unauthorized access, no security system is invulnerable.  We cannot guarantee that the information We receive from You will not be intercepted or otherwise improperly obtained by third parties. E-mail messages and other Internet communications are not secure. Our security software does not encrypt e-mail messages. E-mail messages traveling through the Internet are subject to viewing, alteration, and copying by potentially anyone on the Internet. You should exercise discretion with respect to the submission of any personal or financial information via e-mail or via other features on the website. If You are concerned about the security of Your communication, We encourage You to send Your correspondence through the postal service or use the telephone to speak directly to Us. We are not responsible for the security or confidentiality of communications You send to Us through the Internet using the website, the mobile app, or e-mail messages.

We collect information that You send Us by phone, mail, or e-mail. By communicating with Us, You permit Us to collect, archive, retrieve, and otherwise use any information collected consistent with these Terms and Conditions. We reserve the right to publish any communication that We deem to be a testimonial. We may also add You to mailing lists operated either by Us or by third-parties, for which You may “unsubscribe”. 

We may also collect information about You and Your usage of the website or mobile app from Your use of our services via automated data collection tools such as Cookies, Web Beacons, and other data collection tools specific to mobile devices. A Cookie is a message given to a Web browser by a Web server, in a text file. The message is then sent back to the server each time the browser requests a page from the server. Web Beacons are typically a transparent graphic image that is placed on a site to allow the site to record the simple actions of the user opening the page that contains the beacon. You can change Your Internet browser settings to disallow Cookies or to prompt You for Your permission before accepting Cookies. Refusing to allow Cookies may affect Your use of or the functionality of the website. We may use the information We gather from You to facilitate the administration of our services, including user location via GPS, IP addresses or otherwise, as well as to understand how our services are currently being used and to improve, enhance, or customize the provision of our services. We may also aggregate non-personally identifiable information and share it with third parties or publish it. Automatic data collection may be performed on Our behalf by (or provided to) Our service providers.

Third-parties may host banners or pop-ups or hyperlinked advertising on the website. We do not control or monitor the content of third-party content. Through interacting with these and other features of the website, and depending on Your browser settings, information may be collected about You, or Cookies or other potentially malicious software may be placed on Your hard drive, for which We are not responsible. Your viewing history may also be tracked. You give permission to collect, archive, retrieve, and use any information collected for product design, product offers to You, and general commercial solicitation purposes by this website or by joint venture partners, affiliates, and marketing organizations. This site is not responsible should Your personal data to be obtained by others, such as “hackers,” and used in an inappropriate manner that may cause You harm. Although We may hire third-party vendors to provide specialized services such as customer support; email services; data processing; and special products or services that You have requested, these third-parties may only use this information in connection with these services and not for their own use. To the extent that You provide Your information in open forums, other users may also have access to Your information in a way that We do not monitor nor are responsible for. 

If You provide Your credit card or other financial information, We will never disclose it to anyone except to the relevant financial transaction processors or law enforcement agencies. To the extent permitted by law, We may also disclose personal Information or other Information that We have collected about You when required by law, court order, or other government or law enforcement authority or regulatory agency, or whenever We believe that disclosing the such information is necessary or advisable, for example, to protect the rights, property, or safety of the Company or others. By providing that information, You expressly permit Us to use it in fraud investigation, for litigation, or for other lawful purposes.

As We develop Our business, We may sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, or similar event, personal information, billing information, and other information collected by Us about You may be part of the transferred assets.

We operate the website and mobile app in compliance with the Children’s Online Privacy Protection Act. This website is not directed to children under the age of 13, nor do We permit registration by nor knowingly collect or use personally identifiable information from children under the age of 13 years.

This Privacy Policy is dynamic and will continually change. Only changes that We deem in Our sole discretion to be drastic will be noticed either by e-mail or posted on the website. Minor changes must and should be viewed at this page upon each visit to the site. Your continued use of this site evidences Your acceptance of the terms this Privacy Policy and any modifications.

You can review, correct, or change the information collected during registration by accessing Your profile on this website or by calling Our main office at the phone number listed on the Contact page of this website. Users may change information at any time and as often as necessary. Users who are experiencing problems with Our services or who have questions about how Our services work can call Our main office or use the “contact us” page on this site to send Us an e-mail.

Feedback 

We welcome any comments or suggestions You may have. By providing Us such feedback, You grant Us permission to use or incorporate into Our services any suggestions, requests, recommendations, or other feedback that You provide Us, including allowing Us the appropriate intellectual property rights to do so, including granting Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to any and all intellectual property rights that You may own or control to use, copy, modify, create derivative works based upon, and otherwise exploit Your feedback for any purpose. You hereby waive all moral rights in any such information or content. We are not responsible for the accuracy of any information, feedback, or content made on the website or mobile app by third parties. 

Links To and From this Website

You may not create a link to any page of this website without our prior written consent.  You may not frame or enclose any Company trademark, logo or other proprietary information, including the images found on the website, mobile app, or associated with our services in any text, layout, or design of any website without Our express written consent. We do not monitor or review the content of other party’s websites which are linked to from this website. A link from Our website or mobile app to any third-party site, location, or source does not signify Our endorsement of the site or its contents. The Company is not responsible for the privacy practices or content of such third-party websites.   The Company is not responsible for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure of information to third parties with which You have come into contact via this website.  

 

Intellectual Property

You acknowledge that the services We provide as part of are protected by copyright, trademark, trade secret and other laws of the United States. Except as expressly authorized herein, You may not reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate or commercially exploit the website, mobile app, and any and all content produced by Us in any manner (including electronic, print or other media now known or hereafter developed) without our written consent. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary-rights notices incorporated in or accompanying any of Our products, services or in any of Our content.  

You have a non-exclusive, revocable license to access any of Our content for Your personal use, including this website, on the express condition that You comply with the terms of these Terms and Conditions. 

 

Prohibitions

You may not access, tamper with, or otherwise interfere with the non-public areas of this website, nor Our computers, nor Our computer systems. Nor may You attempt to bypass, deactivate, or impair in any way any safety or security measure implemented by Us or any of our third party affiliates.  You may not attempt to collect from this website or through using Our services any personally identifiable information from any other user without the user’s express permission. You may not violate any applicable law or regulation or assist or encourage anyone else to do any of the foregoing. You agree not to use the website, the mobile app, or any other of Our content for any unlawful purposes and to comply with any and all requests from Us to protect our respective rights. We expressly prohibit the use of devices (including software) designed to provide repeated automated access to the website or the mobile app, including for any commercial purpose. You will not reverse engineer, disassemble, decompile, decrypt, concert the software to human perceivable form, create derivative works of, or otherwise exploit for any commercial purpose the website or any of Our technology, including any software or Java applets associated with the website or mobile app. You may not use a third party’s account or registration to access the website or mobile app. You may not deep-link to the website or use a robot, spider, web crawler, or extraction software, automated process, device, or similar methods to scrape, copy, datamine, or monitor or similarly glean or extract any portion of the website or mobile app or any Company-owned content. We reserve the right to take any and all measures necessary to prevent any of these, including suspension, denial or termination of Your access to the website, mobile app, or our services. 

 

Legal Disputes

 

The parties agree that any dispute, claim, or controversy concerning this Agreement or the termination of this Agreement, or any dispute, claim or controversy arising out of or relating to any interpretation, construction, performance or breach of this Agreement, shall be settled by arbitration to be held in San Diego County, California in accordance with the rules then in effect of the American Arbitration Association. There shall be a single arbitrator who may grant injunctions or other relief in such dispute or controversy. The decision of the arbitrator shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The parties will pay the costs and expenses of such arbitration in such proportions as the arbitrator shall decide, and each party shall separately pay its own counsel fees and expenses. Each party agrees to the applicable governing law above without regard to choice or conflicts of law rules, and to the exclusive jurisdiction of the applicable courts above. Each party hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.

 

Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by e-mail (provided e-mail shall not be sufficient for notices of termination or an indemnifiable claim).

Termination

We may terminate Your access to and use of any of Our content or services, at Our sole discretion, at any time and without notice to You, in which case any and all rights granted to You herein will immediately automatically terminate.

 

Electronic Signature

You agree that Your use of Our services constitutes Your electronic signature, acceptance, and agreement under the United States federal E-SIGN legislation and will meet the requirements of an original signature. You may not raise the use of an electronic signature as a defense to the enforcement of this Agreement.

 

Copyright Notice

The information on this website is the copyrighted work of the Company and is protected under United States and worldwide copyright laws and treaty provisions.  This website contains material which is owned by or licensed to Us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of this Terms and Conditions.  

© 2020 Puzzle Librarian