Terms of Service and Use
These Terms of Service and Use (“TOS”) constitute a legally binding agreement between Make Way for Books (“MWFB”), and users (“You”) of the mobile application “Make Way for Books” as well as any other mobile applications owned or operated by MWFB, any websites owned or operated by MWFB, and any communication tools including email or any other content delivery method owned, operated, or utilized by MWFB (collectively, the “Make Way for Books Services”). These TOS incorporate by this reference MWFB’s Privacy Policy. You can learn how your information is handled when you use our services by reading the Privacy Policy.
Please read these TOS carefully and in their entirety before using the Make Way for Books Services. You agree to be bound by these TOS by using the Make Way for Books Services. If you do not agree to these TOS, you are not permitted to access the App or use the Make Way for Books Services.
Make Way for Books Services
The Make Way for Books app (the “App”) is a mobile application that encourages parents to engage with their children to transform everyday activities and moments into learning opportunities. MWFB offers the App and content through the App at no charge to users.
The App gives parents access to a wide variety of e-books and activities to read or perform with their children. In the App, parents can search for age-appropriate content, save content to their “favorites” list, and see what content other users are enjoying. The foregoing services constitute the core, but not the entirety, of what are collectively referred to as the Make Way for Books Services. MWFB plans to expand and build upon the Make Way for Books Services over time to make more features and services available to you. You must accept these TOS to access the Make Way for Books Services.
Service Cancellations
You can cancel the Make Way for Books Services by simply uninstalling the App.
When you uninstall the App, MWFB will still retain non-personally identifiable information associated with your installation and use of the App.
Representations and Warranties
By using the Make Way for Books Services or purchasing goods or services from MWFB, you represent and warrant that a) you are at least eighteen (18) years old, or at least thirteen (13) years old but not yet eighteen (18) years old and you have permission from one or more of your parents or legal guardians to use the Make Way for Books Services and/or purchase goods or services from MWFB; b) are accessing the Make Way for Books Services from a domestic location; c) all information you have supplied to MWFB is true and correct; d) you are legally competent; e) you accept these TOS and the Privacy Policy in their entirety; f) it is your exclusive obligation to know the laws, rules, regulations, and guidelines of the jurisdiction applicable to you, and you hereby represent and warrant that your use of the Make Way for Books Services shall at all times comply with all such laws, rules, regulations, and guidelines; and g) you will not, now or in the future, either directly or through a third party, copy, modify, create derivative works, reverse engineer, disassemble, distribute, sell or license any of the Make Way for Books Services or the content therein, or any part thereof, to any third party.
ACCOUNT RULES
You may use your Account and the Make Way for Books Services only for personal, non-commercial use. Any other use is prohibited. You shall not exceed, or attempt to exceed, the authorizations associated with your Account and the Make Way for Books Services.
You shall not, directly or indirectly (i.e. through the use of a third party), access or attempt to access the Account of any other user of the Make Way for Books Services, or distribute software, tools, or instructions to enable such access. You shall not use MWFB, the Make Way for Books Services, or your Account for any illegal, unlawful, or criminal activity, or in any manner that violates the rights of a third party. Use of the App and access to the App content grants you a limited, revocable, personal, non-exclusive license to view material for your personal use.
If you decide to voluntarily grant access to your Account to a third party, you are responsible for any and all acts and omissions that such third party may take in connection with your Account. You agree to hold MWFB harmless for any acts or omissions taken by such third party, and shall indemnify MWFB from any and all liability arising out of, connected to, or related to any act or omission of any third party using your Account or using the Make Way for Books Services on your behalf.
MWFB reserves the right to review, monitor, record, and/or disclose any information as may be necessary to comply with any applicable laws, regulations, legal process, or governmental request. Should MWFB determine, in its sole discretion, that the activity on your Account is suspicious or related to any act or omission that would violate these TOS, or any illegal, unlawful, or criminal activity, MWFB may but is not required to terminate or suspend your Account, decline or delay any pending transactions, and/or decline or delay any new transactions.
RESPONSIBILITIES FOR ACCOUNT SECURITY
You shall keep your login and password associated with your Account confidential. You are responsible for safeguarding your Account and the login and password associated with your Account. You are hereby advised, and hereby accept the risk, that if you fail to maintain the confidentiality or security of your login, or password your Account may be accessed by third parties, and you may be harmed as a result. Possible harms include, but are not necessarily limited to, harm to your reputation, extortion by third parties, and/or financial losses. In no event shall MWFB be liable for any damages or losses which may be sustained, by you or by third parties, as a result of your failure to maintain the confidentiality and security of your login, password or as a result of any your failure to act upon Account information notifications and security alerts.
COMMUNICATIONS
MWFB may send emails to you regarding MWFB, the App, the Make Way for Books Services, your Account, and/or transactions involving your Account. These emails are required to maintain your Account. You agree to receive and review these emails from MWFB.
In addition, MWFB may from time to time send you emails about promotions or offers, which you may opt-out of by using the “Unsubscribe” link at the bottom of any such promotional email.
USE OF INFORMATION
MWFB may use some or all of the information you provide to MWFB to provide you with products or services, including improvements to MWFB’s provision of products and services. MWFB’s provision of these products and services may require MWFB to disclose some or all of your information to third parties. You are hereby informed that MWFB may provide third parties with some or all of the information you provide to MWFB in order for MWFB to comply with legal obligations including, but not necessarily limited to, legal process, subpoenas, investigations, and criminal prosecution. You hereby consent to such inquiries and disclosures of information.
RIGHTS RESERVED TO COMPANY
MWFB reserves the right to correct any errors, inaccuracies, or omissions on the Make Way for Books Services and to change or update information for goods or services offered.
MWFB reserves the right to decline, modify, limit, delay, or cancel Accounts that, in MWFB’s sole judgment, appear to be from unauthorized parties. MWFB reserves the right to prohibit you from using anonymity tools, such as virtual private networks or other mechanisms or devices that obfuscate your identity, location, internet protocol address, and media access control address (MAC ID) from accessing or using your Account, the App, the Make Way for Books Services, and/or MWFB.
MWFB reserves the right, in its sole discretion, to decline to create an Account for you.
MWFB reserves the right, in its sole discretion, to suspend, restrict, limit, or terminate your access to your Account, the App, the Make Way for Books Services, and/or MWFB at any time and for any reason, including but not limited to maintenance.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
MWFB cannot, and does not, guarantee that your Account, the App, the Make Way for Books Services, and/or MWFB will always be available to you. Availability is subject to change at any time and without notice.
MWFB makes efforts to maintain correct information pertaining to your Account and information provided through the Make Way for Books Services, but you are hereby advised and acknowledge that your Account and the Make Way for Books Services, including the content therein, may contain errors or inaccuracies. You should immediately report any errors to the MWFB’s Customer Service department at makewayforbooksapp@gmail.com. MWFB reserves the right to change or update your Account, the App, and the Make Way for Books Services and content therein to correct such errors without giving you prior notice.
You hereby acknowledge and agree that it is your responsibility to verify information before acting on it, and any decisions you make based in whole or in part on your Account, the Make Way for Books Services, the App, and then content therein, are your sole responsibility, and MWFB has no liability for such decisions or actions.
Your Account, the App, the Make Way for Books Services, and the content therein may include links to other websites or third party materials, which may be provided as a convenience, but MWFB does not warrant or guarantee that such websites or third party materials are or shall remain accurate and available. MWFB is not responsible for the content or services offered by any third party, or on any third-party websites accessible through or linked to your Account, the App, or the Make Way for Books Services.
Any and all use of the internet carries inherent risks, including but not necessarily limited to viruses, malware, spyware, Trojans, worms, ransomware, phishing scams, spear-phishing scams, spoofing, intercepted communications, failure of communication, and/or failure of services. MWFB shall not be liable for any damage or harm caused by these and other such risks, including but not necessarily limited to infection of your computer, systems, hardware, software, servers, networks, and other equipment. You shall utilize comprehensive antivirus and anti-spyware software on any device that you use to connect to your Account, the App, or the Make Way for Books Services.
You are hereby advised to use caution and reasonable sense when reviewing emails, text messages, and other communications that purport to originate from MWFB or the Make Way for Books Services, and verify the authenticity of any communication that would appear suspicious to a reasonable person. As a reminder, MWFB will never ask for your password, and any communication that purports to do so is a scam to which you should not respond, but which you should instead report to MWFB for investigation. You can report any such concerns to MWFB at makewayforbooksapp@gmail.com.
MWFB hereby advises you to log into your Account only through the Make Way for Books Services and to never utilize any third party software or service to access your Account. While MWFB strives to protect your information, MWFB cannot and does not ensure or warrant the security of any information you provide to MWFB. You acknowledge and assume this risk by accepting these TOS.
The Make Way for Books Services are provided on “as is” and “as available” basis without any representation or warranty, whether express, implied or statutory. MWFB specifically disclaims any implied warranties of title, merchantability, and/or fitness for a particular purpose.
In no event shall MWFB, including its officers, directors, members, managers, contractors, agents, joint venturers, attorneys, employees, or representatives, be liable to you or anyone on your behalf, for any indirect, special, incidental, intangible, punitive, or consequential damages, whether based in contract, tort, negligence, strict liability, or otherwise, arising out of or in connection with authorized or unauthorized use of your Account, the Make Way for Books Services, the App, or through a breach of these TOS.
FORCE MAJEURE
MWFB shall not be liable for delays, failure in performance, or interruption of service which results directly or indirectly from any cause or condition beyond its reasonable control, including without limitation, the following: earthquake, storm, accident, explosion, flood, perils of the sea, the elements, casualty, lock-outs, power failures, telecommunications failures, fire, other acts of nature, epidemic, war (whether or not declared), riot, sabotage, hostility, public disturbance, cessation of transport, act of public enemies, prohibition, terrorism, enduring unavailability of materials or machinery necessary to manufacture products, act by a government or public agency, embargo, strike, or other labor dispute or work stoppage.
RELEASE AND INDEMNIFICATION
You shall defend, indemnify and hold MWFB, including its officers, directors, members, managers, contractors, agents, joint venturers, attorneys, employees, and representatives, harmless from any claim or demand (including damages, attorneys’ fees, costs, fines, fees, interest, or penalties), arising out of or related to your breach of these TOS; your interactions with MWFB, your use of the App, the Make Way for Books Services, and/or your Account; your violation of any law, rule, regulation, or guideline applicable to you; and/or your violation of the rights of any third party, regardless of whether such violation was intentional.
ENTIRE AGREEMENT
These TOS, including the Privacy Policy incorporated herein, constitute the entire agreement between you and MWFB and shall supersede any and all prior and contemporaneous negotiations, correspondence, understandings and agreements of any kind (including without limitation any prior versions of these TOS), between you and MWFB with respect to the subject matter hereof.
AMENDMENT
MWFB may amend or modify these TOS at any time and without notice. MWFB shall notify you by making the revised TOS available to you through the App, and the revised TOS shall be effective from that date forward. Your continued use of the App, the Make Way for Books Services, and/or your Account constitutes your acceptance of the revised TOS. If you do not agree with any modification or amendment of these TOS, your sole and exclusive remedy is to terminate your use of the App, the Make Way for Books Services, and your Account. MWFB may suspend, alter, or terminate, with immediate effect and without notice, the operation of MWFB, the App, the Make Way for Books Services, and/or your Account. You agree that MWFB shall not be liable to you or any third party for any modification or amendment of these TOS and any changes in the App, the Make Way for Books Services, and/or your Account.
ASSIGNMENT
MWFB may assign MWFB’s rights and responsibilities under these TOS, including information MWFB collects about you, to certain entities including without limitation any successor in interest of MWFB, or any other entity with whom MWFB merges or is acquired by, or to any entity that purchases substantially all of MWFB’s assets. You may not assign any rights and/or licenses granted under these TOS. Any attempted transfer or assignment in violation of this clause shall be null and void. Subject to the foregoing, these TOS shall inure to the benefit of you and MWFB, including each of their respective successors and permitted assigns.
HEADINGS
Section headings in these TOS are for convenience only, and shall not govern the meaning or interpretation of any provision of these TOS.
RELATIONSHIP BETWEEN THE PARTIES
The relationship between you and MWFB is that of independent contractors, and nothing in these TOS shall be deemed to create between you and MWFB any other form of relationship. You and MWFB shall not be deemed to be partners, joint ventures, or agents. You are not authorized to make any representations or obligations on behalf of MWFB.
REMEDIES FOR BREACH
In the event that you violate these TOS, MWFB may but is not required to immediately terminate your access to MWFB, the App, the Make Way for Books Services, and/or your Account, and any pending transactions associated therewith. You shall be responsible for any losses incurred by MWFB as a result of such violation of these TOS and/or the termination of your access to MWFB, the App, the Make Way for Books Services, and/or your Account. In the event of a material breach of these TOS by MWFB, your remedy is limited to the amount you paid to MWFB.
WAIVER
No waiver of any default hereunder by MWFB or any failure to enforce MWFB’s rights hereunder shall be deemed to constitute a waiver of any subsequent default with respect to the same or any other provision hereof.
SEVERABILITY
Whenever possible, each term and provision of these TOS shall be interpreted in such manner as to be valid and effective under applicable laws, but, if any term or provision of these TOS is held by a court of competent jurisdiction to be invalid or unenforceable, such term or provision shall be invalid and ineffective only to the extent of such invalidity or unenforceability, without invalidating or making unenforceable the remainder of these TOS. In the event of such invalidity or unenforceability, you and MWFB shall use reasonable efforts to seek and agree on an alternative valid and enforceable provision that preserves the original purpose and intent of these TOS.
SURVIVAL
These TOS shall extend beyond the expiration or termination of these TOS insofar as they contain clauses pertaining to suspension, termination, closure of your Account, uninstalling the App, debts owed by you to MWFB, your access to and use of the Make Way for Books Services, and disputes between you and MWFB.
GOVERNING LAW, EXCLUSIVE JURISDICTION, AND ATTORNEYS’ FEES AND COSTS
The construction, validity and performance of these TOS shall be governed in all respects by the laws of the United States of America, as supplemented by the laws of the State of Arizona, including but not limited to Arizona’s statutes of limitations, without giving effect to any conflict-of-laws or other rule that would result in the application of the laws of a jurisdiction other than the United States of America or the State of Arizona.
By accessing or using MWFB, the Make Way for Books Services, and/or your Account, you agree that the collection, use, transfer, and disclosure of your information and communications will be governed by the applicable laws of the United States of America, as supplemented by the laws of the State of Arizona.
You and MWFB hereby irrevocably stipulate to exclusive jurisdiction, venue, and forum in the state and federal courts located in Maricopa County, Arizona, for any dispute arising out of these TOS, and to the greatest extent possible waive any defense of forum non-conveniens.
In the event that any claim, suit, action, or proceeding is instituted or commenced by either party against the other party arising out of, or related to, these TOS, the prevailing party shall recover its attorneys’ fees and costs from the non-prevailing party at both the trial and appellate levels. You and MWFB irrevocably and unconditionally waive any right either party may have to a trial by jury in respect of any claim, suit, action, or proceeding arising out of or relating to these TOS or the transactions contemplated hereby.