STEINER ONLINE LIBRARY TERMS OF SERVICE

Effective September 9, 2021

This website is operated by Steiner Online Library, a Michigan nonprofit corporation located in the United States. Throughout the site and these Terms of Service, the terms "we", "us", "our" and "SOL" to refer to Steiner Online Library.

These Terms of Service ("Terms") govern your use of our website, our service, and any other website or online service that we operate and that links to these Terms (the "Services").

You accept the Terms by accessing or using the Services or by otherwise indicating your consent, including any and all additional terms and conditions and policies referenced herein and/or available by hyperlink. Please read these Terms carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Service. We may change these Terms or modify any features of the Services at any time. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

  1. GENERAL TERMS AND CONDITIONS

    By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

    A breach or violation of any of the Terms will result in an immediate termination of your Service. We reserve the right to refuse service to anyone for any reason at any time. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

  2. PRIVACY

    Your use of the Services is governed by our Privacy Policy, and you consent to our use of your information consistent with the Privacy Policy.

  3. MODIFICATIONS TO THE SERVICE

    We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. Any new features or tools which are added to the website shall also be subject to these Terms. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

  4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

    We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

    This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

  5. OPTIONAL TOOLS

    We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

    You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

    Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

    We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

  6. THIRD-PARTY LINKS

    Certain content, products and services available via our Services may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

    We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

  7. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

    If you send certain specific submissions (for example text, pictures, video, creative ideas, suggestions, proposals, plans, information pertaining to donations or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Submissions"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you forward to us. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submissions; or (3) to respond to any Submissions.

    Unless prohibited by law or otherwise agreed by us in writing, you agree that we own exclusively and in perpetuity, all right, title and interest, including but not limited to all Intellectual Property Rights, in and to the Submissions. "Intellectual Property Rights" means all trade secrets, copyrights, trademarks, mask work rights, patents and other intellectual property rights recognized by the laws of any country. If you have or will have any such rights that cannot be assigned to us, you hereby grant and agree to grant to us a non-exclusive, irrevocable, perpetual, worldwide, fully paid unlimited license, with right to sublicense such rights through multiple levels of licensees, including but not limited the right to reproduce, display, perform, distribute, transmit, broadcast, modify, use, sell, make, have made and otherwise exploit for any and all purposes and in any manner we may determine in our sole discretion, by any and all means now known or hereafter devised. You acknowledge that there are, and may be, future rights that we may otherwise become entitled to with respect to the Submission that do not yet exist, as well as new uses, media, means and forms of exploitation worldwide exploiting current or future technology yet to be developed, and you specifically intend the foregoing assignment and license of rights to us to include all such now known or unknown uses, media and forms of exploitation throughout the universe. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.

    You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any Submissions you make and their accuracy. We take no responsibility and assume no liability for any Submissions made by you or any third-party.

  8. INTELLECTUAL PROPERTY

    In addition to the Intellectual Property Rights in Submissions, as between you and us, we own all rights, title and interest in and to the Services and all of the content, software, code, data and other materials thereon, and the look-and-feel, design and organization of any aspect thereof, including any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein (collectively, the "Materials"). Your use of the Services does not grant to you ownership or title of, in or to any Materials, any other part of the Service, or content. The Services and Materials are for your personal and non-commercial use only or as otherwise permitted under copyright law. Unless otherwise permitted under copyright law, you may not reproduce, distribute, copy, perform, display, modify, create derivative works from, or offer for sale any information contained on or obtained from or through the Services or the Materials, without our express written consent. Without limiting the foregoing, you are not permitted to republish or reproduce any part of the Services on another website, in any other medium (print, electronic or otherwise) or as part of any commercial service without our prior written permission. The trademarks, trade names, domain names, service marks, logos and other distinctive brand features associated with the Services are proprietary to us and other third parties. Nothing contained in or provided through the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, domain names, service marks, logos or other distinctive brand features without our written permission or that of the third-party rights holder.

  9. COMMUNICATIONS

    We may need to get in touch with you periodically regarding your use of the Service. You consent to receive communications and notice from us electronically and agree that any disclosures, notices, agreements, and other communications made by us electronically satisfy any legal requirement for such communications to be in writing. We do not accept any liability or responsibility for emails or other electronic communications that are filtered, intercepted, altered, lost, or not received.

  10. PROHIBITED USES

    You may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Service, or use the Services in a manner that violates any laws, regulations, code of practice, or similar requirements. For example, and without limitation, you may not:

    We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses. Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.

  11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

    We do not guarantee, represent, or warrant that your use of our Services will be uninterrupted, timely, secure or error-free.

    We do not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.

    You agree that from time to time we may remove the Services for indefinite periods of time or cancel the service at any time, without notice to you.

    You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and Services delivered to you through the Services are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

    In no case shall Steiner Online Library, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors ("SOL Entities") be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Services or any products procured using the Service, or for any other claim related in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Any claim arising out of or connected with the Services will be limited to the greater of $100 or the amount that you paid to access the Service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

  12. INDEMNIFICATION

    You agree to indemnify, defend and hold harmless Steiner Online Library and SOL Entities, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. We reserve the right to assume, at our expense, the exclusive defense and control of any matter for which we are entitled to indemnification under this section. In such event, you shall provide us with full cooperation as we reasonably request at your own expense.

  13. TERMINATION

    The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

    These Terms are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our site.

    If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

  14. SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES

    The following provisions apply when you use the Services outside the United States:

  15. BINDING ARBITRATION AND CLASS ACTION WAIVER

    PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE. In order to expedite and control the cost of disputes, we and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to the Services ("Dispute") will be resolved as follows to the fullest extent permitted by law:

    If any other provision of this section is found to be illegal or unenforceable, that provision will be severed, with the remainder of this section remaining in full force and effect. If this entire agreement to arbitrate is found to be illegal or unenforceable, the parties agree to the fullest extent permitted by applicable law that any Dispute relating to your use of the Services or these Terms shall be commenced and heard in the appropriate court in Grand Traverse County, Michigan, USA. To the fullest extent permitted by law, you agree to submit to the personal and exclusive jurisdiction of the courts located within Grand Traverse County, Michigan, USA.

  16. MISCELLANEOUS

    These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us, and you have not relied on any warranties, statements, or representations that are not set out in these Terms. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Service.

    Our failure to exercise our rights, enforce any provisions of these Terms, or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use. You will not transfer, assign, or hold on trust any of your rights or obligations under these Terms to anyone else without our consent. We may exercise any of our rights hereunder and perform any of our obligations directly or through third parties. Any rights granted to us extend equally to third parties acting on our behalf.

  17. CONTACT INFORMATION

    If you have any questions about these Terms or our practices, please contact us by email at legal@steinerlibrary.org

    Steiner Online Library
    P.O. Box 42
    Interlochen, MI 49643 USA