Ambling Books Legal Notices

Welcome to Ambling Books

iBookTreasures, LLC d/b/a Ambling Books ("Ambling Books") provides its service to you subject to the following Terms and Conditions of Use Agreement. Please read this agreement carefully!

TERMS AND CONDITIONS OF USE AGREEMENT

THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER") AND AMBLING BOOKS ("WE", "US", OR "AMBLING BOOKS") THAT STATES THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE AMBLING BOOKS SERVICE. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, SUPPLEMENTS, ADDITIONAL TERMS, SOFTWARE LICENSES, PROMOTIONAL OFFER TERMS AND ALL OF AMBLING BOOKS' RULES AND POLICIES COLLECTIVELY CONSTITUTE THIS "AGREEMENT" BETWEEN YOU AND AMBLING BOOKS. BY ACCESSING THE AMBLING BOOKS SITE AND USING ANY OF ITS SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.

1. Definition of the Ambling Books Service. Ambling Books is the creator and provider of a service (the "Service") that permits users to select proprietary audio consisting of public domain, free, licensed and original audio content (collectively, the "Content") through means including but not limited to (i) Ambling Books' Web site, amblingbooks.com, amblingbookplayer.com, and such other or successor domain names as may be operated, acquired, or used from time to time by Ambling Books (collectively, "Site"), (ii) wired and wireless connections, and (iii) telephony based networks; and to playback such Content on a computer or hardware device ("Device") using Ambling Books' proprietary software application (or other third party software) and/or any other software the user accesses, downloads, or otherwise receives for use in connection with the Service, including but not limited to Beta (pre-release) versions thereof (collectively, the "Software"). For certain business partners and affiliates of Ambling Books, the Service also includes distribution of other goods, production services for the creation of digital audio from text, audio, and video materials, and the creation of private distribution channels for delivery of proprietary audio, Content, and/or special aggregations or versions of Content.

2. Requirements for Use of the Service. The Service is for individuals over 18 years of age who can form legally binding contracts under applicable law. If you do not meet the foregoing or other applicable requirements, you may not use the Service.

3. Privacy. Ambling Books' Privacy Policy is expressly incorporated herein by reference and made a part of this Agreement.

4. Your Information. You agree to provide current, complete, and accurate information required to complete your registration with the Service and at other points as may be required in the course of using the Service (such information will be referred to herein, collectively, as "Registration Data"). You further agree to maintain and update Registration Data as required to keep it current, complete, and accurate. You shall not use a false or misleading name or a name that you are not authorized to use. If any information you provide is false, incomplete, or inaccurate, we may terminate your rights to any or all of the Service. If the information you provide is fraudulent, you may also be subject to criminal and/or civil liability. You agree that we may store and use Registration Data you provide for use in maintaining your accounts and billing fees.

5. User Account, Password, and Security.

   1. Account and Password. As a registered user of the Service, you may receive or establish one or more passwords and accounts ("Account(s)"). You are solely responsible for maintaining the confidentiality and security of your passwords and Accounts. You may not divulge your password to anyone else or use anyone else's password or Account. You are entirely responsible for all activities that occur on or through your Account(s), and you agree to notify us immediately about any unauthorized use of Accounts or any breach of security. You agree that we will not be responsible for any losses incurred in connection with any misuse of passwords and you further agree that we will have no responsibility whatsoever for your failure to comply with this Paragraph. Your breach of this Paragraph may result in immediate termination of your Account(s), and may also subject you to criminal or civil liability.

   2. Security, Cracking and Hacking. You shall not violate or attempt to violate the security of the Service. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer's functionality or operation which may be transferred to your computer via the Service.

6. Grants of Licenses

   1. Ambling Books Content License. When you "checkout" or otherwise "purchase" (referred to herein, collectively as "Purchase") Content from the Service, Ambling Books grants you a limited, revocable, non-exclusive, non-transferable license to download or stream such Content to your computer and/or your Device(s) solely for your personal non-commercial use. You shall not copy, reproduce, distribute or use the Content in any other manner. You shall not sell, transfer, lease, modify, distribute or publicly perform the Content in any manner and you shall not exploit it commercially. Do not (A) decompile, disassemble, or reverse engineer the Content or attempt to do so; or (B) modify the Content or create any derivative works therefrom. This license to the Content you Purchase will continue for as long as a copy of the Content exists in your possession pursuant to and in accordance with the terms and conditions of this Agreement.

   2. Site Access License. Ambling Books grants you a limited, revocable, non-exclusive, non-transferable license to access and make personal non-commercial use of the Site and not to download (other than page caching) or modify all or any portion of the Site. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site and/or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You shall not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of Ambling Books, its content providers or its affiliates without express written consent. You shall not use any Meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. You are granted a limited, revocable, non-exclusive, non-transferable right to create a hyperlink to the home page of the Site so long as the link does not portray us, our content providers, our affiliates, or our products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any Ambling Books logo or other proprietary graphic or trademark as part of the link without express written permission.

   3. No Other License. Except as expressly stated herein, no rights or licenses are granted hereunder.

7. Right to Change Prices. Prices of all Content are subject to change upon notice from us. Such notice may be provided at any time by posting the changes to the Site or the Service.

8. Agreement to Pay. You agree that you will pay timely for any audio content, software, accessory, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account(s) (collectively, "Fees"). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING AMBLING BOOKS WITH A VALID FORM OF PAYMENT FOR PAYMENT OF ALL FEES.

9. Micropay Accounts. A minimum five dollar charge will be assessed for a Purchase of any form of audio content, software, or service. If the amount of the Purchase is less than five dollars you will be required to purchase Micropay credit to use to pay for the purchase. The unused balance will be held by Ambling Books in a Micropay account created for you and may be applied toward future Purchases. If you decide to close your Account and not buy from Ambling Books in the future, then you may request a refund of remaining monies in your Micropay account by sending email to support@amblingbooks.com. Ambling Books will refund the money within 60 days.

10. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make Purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TO PAY FOR YOUR PURCHASES AND APPLIES TO ALL ELECTRONIC COMMUNICATIONS AND RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE.

    YOU CONSENT TO AMBLING BOOKS PROVIDING YOU ANY INFORMATION THAT AMBLING BOOKS IS REQUIRED TO SEND YOU REGARDING YOUR AGREEMENT, PURCHASES AND OTHER TRANSACTIONS ("REQUIRED INFORMATION") IN ELECTRONIC FORM. AMBLING BOOKS MAY PROVIDE REQUIRED INFORMATION TO YOU (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFIED IN YOUR AMBLING BOOKS ACCOUNT, (2) BY ACCESS TO AN AMBLING BOOKS WEBSITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE, OR (3) BY ACCESS TO AN AMBLING BOOKS WEBSITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE. YOU MAY REQUEST PAPER COPIES, WITHDRAW YOUR CONSENT, OR UPDATE YOUR E-MAIL ADDRESS BY FOLLOWING THE INSTRUCTIONS AT amblingbooks.com. AMBLING BOOKS MUST RECEIVE YOUR PAPER COPY REQUEST WITHIN 120 DAYS FROM THE DATE THAT AMBLING BOOKS FIRST PROVIDED THE REQUIRED INFORMATION TO YOU.

    IN ORDER FOR YOU TO ACCESS AND RETAIN YOUR ELECTRONIC RECORDS, YOU MUST HAVE THE FOLLOWING HARDWARE AND SOFTWARE: A COMPUTER CAPABLE OF READING TEXT FILES, A MODEM OR OTHER MEANS OF ACCESSING THE INTERNET, AND A BROWSER CAPABLE OF ACCESSING AND DISPLAYING WEB PAGES.

    NOTWITHSTANDING YOUR CONSENT AS SET FORTH IN THIS SECTION, YOU MAY AT ANY TIME OBTAIN A PAPER COPY OF AN ELECTRONIC RECORD BY SENDING AN E-MAIL TO US AND PAYING A NOMINAL FEE PER COPY.

    YOUR CONSENT TO ELECTRONIC AGREEMENTS SET FORTH ABOVE IS NECESSARY FOR USE OF THE SERVICE. YOU MAY WITHDRAW CONSENT BY SENDING AMBLING BOOKS AN E-MAIL CONTAINING INFORMATION UNIQUE TO YOU INCLUDING YOUR ACCOUNT INFORMATION; HOWEVER, THIS WILL RESULT IN A TERMINATION OF THIS AGREEMENT AND OF YOUR ABILITY TO USE THE SERVICE.

11. Delivery of Content. All Content will be delivered to the "Bookshelf" section of the Site. We encourage you to download Content promptly after purchase. If you are unable to complete a download after having reviewed our online help resources, please contact Ambling Books customer service. You bear all risk of loss for completing the download of Content after purchase, once we have made such Content available to you (in your "Bookshelf" or otherwise), and for any loss of Content you have downloaded, including any loss due to a file corruption or a computer or hard drive crash. Purchased Content will generally continue to be available in your "Bookshelf", but may become unavailable due to potential content provider licensing restrictions and for other reasons and Ambling Books will not be liable to you if Content becomes unavailable for further download. Accordingly, we encourage you to make back-up copies of purchased Content as referenced above.

    Content can only be delivered by using the Ambling BookPlayer. (Please see the amblingbook.com for details on supported platforms and to download the BookPlayer.) However, once delivered, you may copy the content to another device (such as a PC) for listening or for backup purposes.

12. Availability of Content. We will exercise reasonable efforts to provide the Content in a timely manner. On occasion, technical or supplier problems may delay or prevent delivery.

13. Intellectual Property.

    1. Removal of Content or other Materials. Notwithstanding any other provision of this Agreement, we reserve the right to remove or disable access to any Content or other materials comprising a part of the Service that violate or otherwise allegedly infringe on the copyright or other intellectual property or proprietary rights of any person, company or other entity. We will in no event be liable for the good faith removal of or disabling of access to any such Content or materials under this Agreement.

    2. Copyrights. All copyrights in and to the Service materials including but not limited to the Site (including the compilation of content, postings, links to other Internet resources and descriptions of those resources), Content, Software, or any parts of or content within the Site, Content and Software, are owned by Ambling Books and/or its suppliers and/or licensors. THE USE OF ANY SOFTWARE OTHER THAN WEB BROWSERS AND AMBLING BOOKS SOFTWARE ON OR IN CONNECTION WITH THE SERVICE, SUCH AS PRODUCTS THAT DOWNLOAD THE SITE OR ANY OF THE PAGES OF THE SITE, IS STRICTLY PROHIBITED AND INFRINGES ON THE COPYRIGHTS IN AND TO THE SERVICE MATERIALS. REPRODUCTION OR USE OF THE SERVICE MATERIALS IN A MANNER OTHER THAN AS SPECIFIED IN THIS AGREEMENT MAY SUBJECT YOU AND OTHERS TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

    3. Digital Millennium Copyright Act. We respect the intellectual property of others. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please follow the procedure set forth in our Digital Millennium Copyright Act Notice Policy, which is expressly incorporated herein by reference and made a part of this Agreement.

    4. Trademarks. Ambling, Ambling Books, AmblingBooks.com, Ambling BookPlayer, amblingbookplayer.com and other Ambling Books trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Ambling Books in the U.S. and/or other countries. Other trademarks, service marks, graphics and logos used in connection with the Service are the trademarks of their respective owners. You are granted no right or license with respect to any of the aforedescribed trademarks or service marks (except as part of a pre-generated button provided by AmblingBooks.com for use on third-party websites) and any unauthorized use is strictly prohibited.

14. Reviews.

    1. Posting Reviews. In posting reviews, remember that any information you disclose becomes public information and can be used by people you do not know. Accordingly, you should exercise caution when deciding to disclose any personal or other information on AmblingBooks.com. Any such disclosures are at your own risk.

    2. Responsibility for Reviews. Although we may monitor or review posted reviews from time to time, we do not actively monitor the contents of reviews, and we are not under any obligation to do so. Each user is solely responsible and liable for the contents of his or her postings, and Ambling Books is not responsible in any way for the content or opinions expressed therein. We have the right, but not the obligation, to remove, edit or move, at any time, any material posted to the website, in each case as we deem appropriate.

    3. Personal Expression. You acknowledge that the content of all postings expresses the views of the author, and not that of Ambling Books. You also acknowledge that your use of or reliance on the information or reviews posted by other users on AmblingBooks.com is at your own risk.

    4. Rules of Conduct. To post reviews, you agree to the following rules of conduct:

       1. You will not post any copyrighted material unless you own or control the copyright in and to such material.

       2. You will not post or transmit any message or other material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.

       3. You will not post or transmit any material that is: abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, knowingly false, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.

       4. You will not use any review for commercial purposes, including, without limitation, posting advertisements or solicitations.

       5. You will not post or transmit any software or computer files that contain a virus, worm or other disruptive or harmful component.

    5. Penalties. Without limiting any of our other rights or remedies, a violation of any of the above rules of conduct may result in removal of your postings, revocation of registration and/or banning you from AmblingBooks.com.

    6. Release of Personal Information. Ambling Books will cooperate fully with law enforcement officials and comply with any court order with respect to any claim or investigation arising from any material posted by you, including, without limitation, furnishing such material and information regarding your identity and any other information we may have about you.

15. Termination.

    1. Termination By Ambling Books. If you fail, or we suspect that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of Fees due, failure to provide Ambling Books with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information and password, or violation of the Content License or the Site Access License or any license to Software, Ambling Books, at its sole discretion, may: (A) terminate this Agreement and/or your Account and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (B) terminate the Content License, the Site Access License and/or licenses to Software; and/or (C) preclude access to the Service (or any part thereof). We will notify you if we take any of the foregoing actions.

    2. Termination of the Service. We reserve the right to modify, suspend or discontinue the Service (or any part thereof) or any Content (or any part thereof) at any time with or without notice to you, and we will not be liable to you or to any third party should we exercise such rights. In the event that we exercise such right, you may be entitled to a refund, in our sole discretion, depending upon the Purchases you have made from the Service.

16. General Compliance with Laws; Export Restrictions. The Service is controlled and operated by us from our offices within the United States. You agree to comply with all local, state, federal, national and international laws, statutes, ordinances and regulations that apply to your use of the Service, including as they relate to export or re-export into (or to a national or resident of) any country to which the United States embargoes goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders.

17. No Responsibility for Third Party Materials or Web sites. Certain content, Content, products and services available via the Service may include materials from third parties. In addition, we may provide links to certain third party Web sites. With respect to such material, we are a distributor, not a publisher. You acknowledge and agree that we have little or no control over, and are not responsible for examining or evaluating the content or accuracy of any such third party material or Web sites. Ambling Books does not warrant or endorse and does not assume and will not have any liability or responsibility for any third party materials or Web sites, or for any other materials, products or services of third parties. Links to other Web sites are provided solely as a convenience to you.

18. Limited Express Warranty. Except as expressly provided herein, the Service is provided "AS IS" and "AS AVAILABLE". The Service is only warranted as stated below:

    Ambling Books warrants that the media in which the Content is provided will be free from material defects on delivery. If you find a defect in Content, your sole remedy (provided you meet the registration, technical and payment requirements for use of the Service) is to call Ambling Books Customer Service at 801-804-0950 and Ambling Books will consult with you on proper downloading procedures and hardware requirements. If, thereafter, you are still unable to download a working copy of Content, you may attempt at a later time to download a new copy of the Content.

    Ambling Books warrants that the Content that you license directly through the Service will be of a quality suitable for human listening and will consist of the Content that was offered via the Service, if obtained pursuant to Ambling Books' instructions using equipment that is in good operating condition and meets the specifications for the Service as provided by Ambling Books. In the event the Content is incomplete or not as warranted above, Ambling Books will provide you with replacement Content or a credit on your Account for the defective material, as determined by Ambling Books in its sole discretion, if you advise Ambling Books of the defect within seven (7) days of first downloading the material by calling 801-804-0950 or completing the customer service request form available at the Site. You will be asked to document the defect. We will issue you Micropay credit which can be applied to the Purchase of the same or other Content.

    There is no warranty, express or implied, on the content, quality, or technical compatibility of audio materials and information services downloaded through the Service but not under the control of Ambling Books.

    The foregoing warranties do not cover defects caused by viruses, disabling codes, accident, mishandling, misuse, improper installation, service or maintenance, modification of the Software or Content or the media on which the Software and Content are furnished, or the user's lack of the necessary hardware/software.

    NO AMBLING BOOKS EMPLOYEE, AGENT, DEALER, DISTRIBUTOR, OR RESELLER IS AUTHORIZED TO MAKE ANY MODIFICATION OR ADDITION TO THE WARRANTIES STATED IN THIS PARAGRAPH. THE EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT.

19. Limitation on Liability.

    IN NO EVENT SHALL AMBLING BOOKS HAVE ANY LIABILITY WHATSOEVER FOR ANY LOST PROFITS, RECORDS OR DATA, INTERRUPTION OF SERVICE, OR LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF THE SERVICE. IN NO EVENT SHALL AMBLING BOOKS HAVE ANY LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE OF PASSWORDS OR AMBLING BOOKS ACCOUNTS, OR ARISING OUT OF ITS GOOD FAITH REMOVAL OR DISABLING OF ANY CONTENT. SUBJECT TO THE AVAILABILITY OF THE CONTENT AND AMBLING BOOKS' LIMITED EXPRESS WARRANTY HEREIN, AMBLING BOOKS IS NOT RESPONSIBLE FOR ANY CLAIMS INVOLVING THE TIMELINESS, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT YOU DOWNLOAD OR OTHERWISE ACCESS FROM OR THROUGH THE SERVICE.

    WITH RESPECT TO ANY CAUSE OF ACTION BROUGHT UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT, IN NO EVENT SHALL AMBLING BOOKS OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH OR RELATED TO USE OR INABILITY TO USE AMBLING BOOKS ACCOUNT(S), SOFTWARE, CONTENT OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN NO EVENT SHALL AMBLING BOOKS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH THE SERVICE (OR ANY PART THEREOF) IN EXCESS OF THE GREATER OF: (A) THE PRICE PAID BY YOU FOR THE PARTICULAR SOFTWARE OR CONTENT GIVING RISE TO THE DAMAGE, OR (B) TWO HUNDRED FIFTY DOLLARS (US$250).

    Some states do not allow the exclusion of implied warranties or incidental or consequential damages, so the above exclusion thereof may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights that vary from state to state.

20. Indemnity. You agree to indemnify and hold harmless Ambling Books, its affiliates, subsidiaries, shareholders, officers and directors, agents, employees, and partners from any third party claim or demand, including reasonable attorneys' fees for damages and/or costs due to or arising out of your breach of this Agreement and/or your use of the Service, Software and/or the Content.

21. Governing Law and Jurisdiction. This Agreement will be exclusively governed by the laws of the State of Utah without regard to its principles on the conflicts of laws. You expressly agree that any legal action to enforce or interpret this Agreement shall be exclusively brought in a court of competent jurisdiction and venue located in Utah County, State of Utah.

22. Changes. We reserve the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Service. Such updates, revisions, supplements, modifications and additional rules, policies, terms and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to the Site. Your continued use of the Site following such notice will be deemed to conclusively indicate your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

23. Miscellaneous. This Agreement constitutes the entire agreement between you and Ambling Books, and supersedes any prior agreements between you and Ambling Books, written or oral, with respect to the subject matter herein. Any additional or different terms in any order or written communications from you are void. In the event of a direct conflict between the terms of this Agreement and: (A) other terms and conditions that may be applicable to the Service generally, the terms of this Agreement will control with respect to the subject matter of this Agreement; and (B) the Privacy Policy, Additional Terms, Software Licenses or Digital Millennium Copyright Notice, the terms and conditions of such statement, document, license or policy will control with respect to the subject matter thereof. In the event of a direct conflict between the terms of this Agreement, including but not limited to the statements, documents and policies incorporated by reference into this Agreement, and the terms and conditions of a particular marketing promotion or offer, the terms of such particular marketing promotion or offer shall control with respect to the such marketing promotion or offer. The failure of Ambling Books to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Ambling Books will not be responsible for failures to fulfill any obligations due to causes beyond its control. Headings are for convenience only and will not be used to alter the meaning of any provision. You shall not bring a legal action under this Agreement more than two (2) years after the cause of action arose. All notices and demands required to be given to Ambling Books hereunder shall be in writing and shall be served by personal service, nationally recognized overnight courier service or by certified mail, and shall be effective on the date received as evidenced by proof of receipt, if delivered to Ambling Books, 542 East 10000 South, Salem, Utah 84653.

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

Consistent with the Digital Millennium Copyright Act, if you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our designated agent for notices of infringement and provide the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Site;

Your address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our designated agent for notice for claims of copyright infringement can be reached as follows: By mail: Howard Davis, Ambling Books, 542 E 10000 S, Salem, UT 84653. By phone: 801-804-0950. By email: legal@amblingbooks.com

NOTE: THE ABOVE CONTACT INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING AMBLING BOOKS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS), WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS AND SHOULD BE DIRECTED TO OUR CUSTOMER SERVICE GROUP VIA EMAIL TO support@amblingbooks.com OR BY PHONE TO 801-804-0950.