DARE Books Privacy Policy and Terms of Use

Privacy Policy

1. The information we collect

• Automatically Collected Information. Some information is automatically received and sometimes collected from you when you visit the DareBooks.com site. We receive and collect the name of the domain and host from which you access the Internet; the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access our site; and the Internet address of the web site from which you linked directly to our site. We use this information to monitor the usage of our site. Also, when we send emails to you, we may be able to identify information about your email address, such as whether you can read graphic-rich HTML emails. All of the information we automatically capture provides us with the ability to enhance our customers' search and shopping experiences and to determine aggregate information about our user base and usage patterns.
• Information Collected via Cookies. We may use cookies to enhance the browsing and shopping experience on the DareBooks.com site. "Cookies" are small files or records that we place on your computer's hard drive to collect information about your activities on the DareBooks.com site. The cookies transmit this information back to the computers at DareBooks.com or our third-party distributors of banners and newsletters; these computers are, generally speaking, the only computers which are authorized to read such information. The information captured makes it possible for us (i) to speed navigation, keep track of items in your shopping cart, and provide you with custom tailored content; (ii) to remember information you gave to us so you don't have to reenter it each time you visit the DareBooks.com site; (iii) to monitor the effectiveness of certain of our marketing email campaigns; and (iv) to monitor total number of visitors, pages viewed, and the total number of banners served.

Most people do not know that cookies are being placed on their computers when they visit the DareBooks.com site or most web sites because browsers are typically set to accept cookies. You can choose to have your browser warn you every time a cookie is being sent to you or you can turn off cookie placement. If you refuse cookies, you may not be able to open a DareBooks.com Shopping Cart and therefore will not be able to complete an order with us online. Also, by not using cookies, your overall Internet browsing experience will be affected.

If you would like to obtain more information about the third-party distributor of banners on the DareBooks.com site and to know your choices about having such distributor's cookies turned off, please visit www.privacychoices.org. If you turn off the third-party distributor's cookies, you will still see banners on our site; however, the banners will not be tailored to your shopping experience.

• Information Collected Using Pixel Tags or Clear GIFs. To help us understand the effectiveness of certain of our email marketing efforts, DareBooks.com may use "message format" and "message open" sensing technologies. Both technologies require the use of pixel tags or clear GIFs (also called web beacons). The "message format" sensing technology allows us to recognize whether you have enabled your email program to receive HTML emails; if so, this information is then associated with your email address so that subsequent messages can be sent to you in HTML format. The "message open" sensing technology allows us to recognize whether you have opened our email message. We can only detect this if your have enabled your email program to receive HTML emails.
• Information You Actively Submit to DareBooks.com. For most of the browsing services we provide, we neither require nor collect "Personal Customer Information" -- your name, email address, billing address, shipping address(es), phone number and credit card information. You can browse the DareBooks.com site and take as much time as you want to review our books and other products, services and reviews without having to submit such Personal Customer Information. Even when you use our shopping cart as you browse, there is no need to submit Personal Customer Information.

In the following instances, however, we do need you to actively submit Personal Customer Information: when you want to (i) create an account; (ii) complete an order; (iii) subscribe to our Newsletters or Alerts, or (iv) submit customer reviews.

• Creating a DareBooks.com Account. You can create a new password-protected DareBooks.com account to complete an order. To create an account, we require that you provide us with the following Personal Customer Information: your email address (which may not be associated with another active DareBooks.com account), and your first and last names. You will also have to create a password, select a security question and input a security answer.
  
• Completing an Order. To complete an order, we require you to access your password protected DareBooks.com account. You will access stored Personal Customer Information or be asked to submit additional Personal Customer Information such as your credit card number and billing address.
  
• Newsletter and Alerts. You may sign up for free email Newsletters and Alerts filled with recommendations and reviews for books, audio tapes/cd’s, educational supplies, and more. To do so, you will need to supply your email address. The contact information collected is only used to forward the Newsletters and Alerts you select.
  
• Customer Reviews. When you submit a customer review, we ask you to disclose your email address in addition to your review and other optional information. You can choose not to have your email address displayed with your review. We only use the information you provide to us to chronicle your review; we do not use such information for marketing purposes. Because your email address at your election can be displayed with your reviews, we can make no assurance that others will not use the information you have provided.

Occasionally, DareBooks.com uses Personal Customer Information to market products and services. You can opt-out from us using your information for this purpose at any time by logging onto "My Account" and following the instructions under "View or change my product notification list." DareBooks.com shares Personal Customer Information that we collect as follows:

• Subcontractors. We send Personal Customer Information to third-party subcontractors and agents that work on our behalf to provide certain services. These third parties do not have the right to use the Personal Customer Information beyond what is necessary to assist us. They are contractually obligated to maintain the confidentiality and security of the Personal Customer Information and are restricted from using such information in any way not expressly authorized by DareBooks.com.
• Service Providers. We send Personal Customer Information to third-party providers of goods and services that you may purchase from time to time on our site (e.g., prints and posters). Like subcontractors, these third parties do not have the right to use the Personal Customer Information beyond what is necessary to assist us. They are contractually obligated to maintain the confidentiality and security of the Personal Customer Information and are restricted from using such information in any way not expressly authorized by DareBooks.com.
• Membership programs. We work with certain entities who, in conjunction with their own membership programs or rewards programs, require that we disclose purchasing information about their customers who visit the DareBooks.com site through links from the partner sites, or use the partner's credit card or rewards program to make purchases on the DareBooks.com site (e.g., to earn points for purchases made on the DareBooks.com site through links from the partner site). We disclose only the information required to make these programs work and support your membership with them, which typically includes the name and/or email address of the user as well as the dollar amount of purchases made. We disclose this information to such entities under an agreement that requires that they obtain your consent first, usually under the membership or participation rules. If you do not want us to disclose that information to the strategic partner, then you must contact them directly.
• Credit card companies. Credit card transactions are handled by a third-party financial institution and their vendors, which receive the credit card number and other personal identifying information only to verify the credit card numbers and process transactions.
• Companies affiliated with DareBooks.com. From time to time, on limited bases, we may share with entities affiliated with DareBooks.com contact information of our account holders so that such entities can promote special offers, events, new products and services. You, as an account holder, can opt out from our use of your information in this way at any time by logging onto your Account and following the instructions under Email Notifications. Please note that if you do opt-out you will not be sent special coupons, updates about free shipping, invitations to private sales, and other special discount offers.
• Other Trustworthy Third Parties. From time to time, on limited bases, we may share with trustworthy third parties contact information of our account holders so that such third parties can promote their products and services. You, as an account holder, can opt out from our disclosure of your information for this purpose at any time by logging onto "My Account" and following the instructions under "Email Notifications."
• Law Enforcement Investigations. DareBooks.com may release Personal Customer Information when we believe, in our good judgment, that such release is reasonably necessary to comply with law, enforce or apply the terms of any of our policies or user agreements, or to protect the rights, property, or safety of DareBooks.com, our users, or others.

3. Communications from DareBooks.com

As a DareBooks.com account holder, you may receive the following communications from DareBooks.com:

• Communications related to transaction and account maintenance activities. By creating a DareBooks.com account, you may receive communications from us relating to: order confirmations; order updates; order problems; and material changes to site policies and account management procedures.
• Communications from DareBooks.com and its affiliated companies. As an account holder, we use and share your contact information to communicate special offers, events, new products and services from DareBooks.com and our affiliated companies. We communicate via email, postal mail and outbound telephone calls depending upon your settings in you Communications Preferences. Any DareBooks.com account holder can opt-out from the receipt of any such communications or opt-out of certain communication methods by logging onto his or her Account and following the instructions under "Email Notifications.
• Newsletter Communications. You may sign up for free email Newsletters and Alerts filled with recommendations and reviews for books, music, movies, and more. To do so, you will need to supply your email. The contact information collected is only used to forward the Newsletters and Alerts you select. To unsubscribe from any Newsletter or Alert, you can either (i) select the link at the bottom of any Newsletter or Alert and follow the instructions or (ii) go to "My Account" select "Email Notifications" and follow the instructions.

4. Underage customers

Our products and services are marketed for purchase by adults or with the consent of adults. From time to time, parents and guardians allow their children under the age of 18 to browse our site and to post reviews. DareBooks.com highly values these views on the books and other products and services we offer. As such, users of our site have the opportunity in many instances to submit their reviews. Each user also has the option to post his or her email address and other contact information so that other users of our site may contact them directly. However, to protect the privacy of any user of our site who is under the age of 13, we do not permit them to post any contact information. Please see Terms for further information.

5. Linking to third-party web sites

When you click on links and banners on our site that take you to third-party web sites, you will be subject to the third parties' privacy policies. While we support the protection of privacy on the Internet, DareBooks.com cannot be responsible for the actions of any third-party web sites. We encourage you to read the posted privacy statement of any and every site you visit, whether you are linking from our site or browsing on your own.

6. Changes to Privacy Policy

DareBooks.com reserves the right to modify or amend this policy at any time by posting the revised Privacy Policy on our site. The changes will only affect the information we collect after the effective date of the change to our Privacy Policy unless we clearly express otherwise.

7. Questions or comments

If you have any questions regarding our Privacy Policy, please write us at:

Security Policy

1. Protecting your information

The Personal Customer Information you provide -- including your paypal and credit card information -- to create and access an account with us and to make purchases from us is secured using industry standard e-commerce security technology such as Secure Sockets Layer (SSL) encryption technology. We use this SSL technology to prevent such information from being intercepted and read as it is transmitted over the Internet. The encrypted data goes to a secure site where your information is stored on restricted-access computers located at restricted-access sites.

2. Unique Email, Password & Security Answer

To further secure your Personal Customer Information:
We cross check an email address with the submitted password to validate access to any DareBooks.com customer account.

We do not allow any email address to access more than one DareBooks.com account. When a new DareBooks.com account is created, we require you to submit an email address that is not associated with an existing DareBooks.com account.

If you forget your password, to gain access to your account you will need to know your email address. On the Account Sign In Page click on the "Password forgotten? Click here" link and then type in the email address of the account you would like to open. A message will be sent to your email address with instructions on how to access your account and change your password. If you want to change your password, or other account information, simply log onto your account and follow the instructions on the page headed "My Account Information."

3. Remember to sign out

To further prevent unauthorized access to your account, remember that, after you sign in, you should sign out once you have (i) completed your transaction, (i) completed managing your account, or (iii) decided to step away from your computer. Anyone who accesses your computer after you have signed in but before you have either signed out or your session has timed-out can access you/Users/rdyson/Desktop/privacy.phpr account.

4. Safe Shopping Guarantee

Under federal law, a credit card issuer cannot make you liable for charges in excess of $50.00 that result from the unauthorized use of your credit card. There are similar federal laws that relate to debit cards. Exceptions do apply, and you will have to comply with the rules of your credit card or debit card issuer, so please contact your card issuer for further details.

If a credit card or debit card issuer assesses you a fee because of the unauthorized use of your credit card or debit card on our site, DareBooks.com will reimburse you for such amount up to $50.00. Please contact our Customer Service for details.

Please be advised, as we state in greater detail in our "Terms of Use", we do not guarantee the continuous, uninterrupted or secure access to the DareBooks.com site because the operation of the DareBooks.com website may be interfered with by numerous factors outside of our control.

5. Alternative customer purchasing options

If you do not feel comfortable sending your credit card information to us over the Internet, you still can shop with us. We welcome you to call or visit us to complete your purchase in person or by phone. Please go to our "Location" link and see our address, directions and phone number.

6. Changes to security policy

DareBooks.com reserves the right to modify or amend this policy at any time by posting the revised Security Policy on our site. The changes will only affect the information we collect after the effective date of the change to our Security Policy unless we clearly express otherwise.

Terms of Use

Welcome to the DAREBooks.com website (the "DAREBooks.com Site"), a website owned and operated by Desmond A. Reid Enterprises ("DARE Books").

The terms and conditions stated below, along with the policies and guidelines located throughout the DAREBooks.com Site (collectively herein the "Terms of Use") identify what users of the DAREBooks.com Site (each a "User") can expect from DARE Books, DARE Books Providers (as defined below) and the DAREBooks.com Site and what we expect from Users. By visiting any area on the DAREBooks.com Site or making a purchase via the DAREBooks.com Site, a User is deemed to have accepted the Terms of Use.

I.	ONLINE CONDUCT
II.	LICENSES AND RESTRICTIONS
III.	TRADEMARKS
IV.	CONTENT
V.	EXPORT
VI.	PRICES
VII.	RISK OF LOSS
VIII.	PRODUCT DESCRIPTIONS
IX.	AGE OF USERS
X.	TERMINATION OF USAGE
XI.	INDEMNITY
XII.	PASSWORD AND ACCOUNT SECURITY
XIII.	NOTICES
XIV.	DISCLAIMERS AND LIMITATION OF LIABILITY
XV.	SEVERABILITY
XVI.	APPLICABLE LAW; JURISDICTION
XVII.	DISPUTE RESOLUTION
XVIII.	ADDITIONAL TERMS AND CONDITIONS
XIX.	ACKNOWLEDGMENT
XX.	MODIFICATION

I. ONLINE CONDUCT

User agrees to use the DAREBooks.com Site only for lawful purposes. User is prohibited from posting on or transmitting through the DAREBooks.com Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If DARE Books is notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the DAREBooks.com Site (collectively "Content") provided by User (e.g., through an author chat or online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, DARE Books may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the DAREBooks.com Site. DARE Books may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the DAREBooks.com Site; or (iii) to protect the rights or property of DARE Books and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "DARE Books Providers") and any other User.

DARE Books reserves the right to prohibit or restrict conduct, communication, or Content that DARE Books deems in its sole discretion to be harmful to Users, DARE Books, DARE Books affiliates, the DAREBooks.com Site, the communities that make up the DAREBooks.com Site, or any third party, or to violate any applicable law. Notwithstanding the foregoing, no DARE Books Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no DARE Books Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content of any third party on the DAREBooks.com Site.

II. LICENSES AND RESTRICTIONS

DARE Books grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with DARE Books) of the DAREBooks.com Site. DARE Books further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the home page of DARE Books so long as the link does not portray DARE Books, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.

The foregoing licenses do not include any rights to:

• modify, download (other than page caching), reproduce, copy, or resell the DAREBooks.com Site, the Content or any portion or derivative thereof;
• commercially use the DAREBooks.com Site, the Content or any portion derivative thereof (unless User has a business relationship with DARE Books);
• copy or download any User's account information for the benefit of any third party;
• enable high volume, automated, electronic processes that apply to the DAREBooks.com Site or its systems;
• use any robot, spider, data miner, scraper or other automated means to access the DAREBooks.com Site or its systems for any purpose;
• interfere or attempt to interfere with the proper working of the DAREBooks.com Site;
• bypass any DARE Books measures used to prevent or restrict access to any portion of the DAREBooks.com Site;
• frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DARE Books;
• use DARE Books name, trademarks, services marks or logos in any meta tags or any other "hidden text" or
• compile, repackage, disseminate or otherwise use data extracted from the DAREBooks.com Site.

The foregoing are expressly prohibited; the right to do any of the foregoing shall require DARE Books' express written consent (which may include a written agreement signed by an authorized representative of DARE Books). Any unauthorized use of the DAREBooks.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by DARE Books.

III. TRADEMARKS

DARE Books, DAREBooks.com, Theo Gaus Ltd., The Pyramid and Sun Logo, and Celebrate Learning!, are all trademarks or service marks of DARE Books or its licensor. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of DARE Books and its licensors used on the DAREBooks.com Site may not be used without prior written consent of DARE Books or its licensor, as the case may be. Without limiting the foregoing, no DARE Books trademark or trade dress may be used in connection with any product or service that is not DARE Books', in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits DARE Books.

IV. CONTENT

Proprietary Rights

User acknowledges that the DAREBooks.com Site contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and DARE Books owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

Submission of Third-Party Content

Except as set forth in the paragraph headed "Proprietary Rights" above, User may upload to or otherwise submit to DARE Books for distribution on the DAREBooks.com Site only (i) Content that is not subject to any copyright or other proprietary rights restrictions; (ii) Content in which the owner or licensor has given express authorization for DARE Books to distribute over the Internet; or (iii) Content that does not contain any viruses, scripts, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information ("Harmful Content"). Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." DARE Books is entitled to presume that all submitted Content conforms with the foregoing requirements. The unauthorized submission of copyrighted or other proprietary Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of Harmful Content. No DARE Books Provider will assume any liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User submission including without limitation submission of Harmful Content. In accordance with the Digital Millennium Copyright Act, any User or other person can report an infringement to DARE Books at info@Darebooks.com entitled “Reporting Site Abuse”. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any author chats, User automatically grants, or represents and warrants that the owner or authorized licensor of such Content has expressly granted DARE Books, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate such Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. Subject to this grant, the licensor of Content submitted to DARE Books retains any and all rights which may exist in such Content.

Third-Party Content

DARE Books is a distributor and not a publisher of Content supplied by third parties and Users. DARE Books has no more editorial control over such Content than does a public library or newsstand in the United States. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of DARE Books or any DARE Books Provider, unless expressly stated otherwise. Neither DARE Books nor any DARE Books Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content available through the DAREBooks.com Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either DARE Books or any DARE Books Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the DAREBooks.com Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the DAREBooks.com Site.

V. EXPORT

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act -- and not to transfer, by electronic transmission or otherwise, any Content derived from the DAREBooks.com Site to either a foreign national or a foreign destination in violation of such laws and regulations.

VI. PRICES

The price for an item on the DAREBooks.com Site may differ from the price shown in a User's shopping cart -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the DAREBooks.com Site. If the price for the item on the DAREBooks.com Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of DARE Books, DARE Books may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.

Please note that this policy regarding prices applies only to items sold and shipped by DARE Books. Any purchases from any third-party sellers on the DAREBooks.com Site may be subject to different policies in the event of an incorrectly priced item.

VII. RISK OF LOSS

The risk of loss and title for all items purchased via the DAREBooks.com Site pass to the User upon delivery of the item to the carrier.

VIII. PRODUCT DESCRIPTION

The items offered for sale on the DARE Books contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. DARE Books does not represent or warrant that the description of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM DARE BOOKS THAT IS NOT IS NOT AS DESCRIBED ON THE DAREBOOKS.COM SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OR CREDIT OF THE PURCHASE PRICE. CREDITS AND/OR REFUNDS ARE ISSUED AT THE SOLE DISCRETION OF DARE BOOKS.

IX. AGE OF USERS

DARE Books does not intend the DAREBooks.com Site to be used by individuals under the age of 18 (a "Minor") without the supervision of a parent or guardian 18 years of age or older (a "Guardian"). DARE Books relies upon Guardians to determine if any Content or items available on the DAREBooks.com Site is appropriate for the viewing, access or purchase by such Minors. If a User is a Minor, such Minor may use the DAREBooks.com Site only under the supervision of Guardian.

X. TERMINATION OF USAGE

DARE Books may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the DAREBooks.com Site including any account thereon, without notice, for any reason in DARE Books' sole discretion, including without limitation DARE Books' belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, DARE Books, any DARE Books Provider or another User.

In cases which DARE Books deems in its sole discretion to be egregious, DARE Books may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the DAREBooks.com Site has been terminated including the right use, access or create any account thereon; (ii) that DARE Books refuses to provide any services to such Restricted User; and (iii) any subsequent dealings with DARE Books will be subject to the following conditions:

• Orders placed by a Restricted User ("Restricted Order") after the effective date specified in the Restriction Notice (the "Restriction Effective Date") shall be subject to cancellation.
• DARE Books will assess the Restricted User an administrative fee (the "Administrative Fee") set forth in the Restriction Notice for each Restricted Order submitted by the Restricted User after the Restriction Effective Date, regardless of whether the Restricted Order was fulfilled or cancelled. The Administrative Fee will equal an amount not less than $5.00 and will reflect the costs of handling any Restricted Order and of handling any personal or telephonic contact made by the Restricted User after the Restriction Effective Date.
• DARE Books shall be entitled to (1) charge the Administrative Fee against the payment method either used by the Restricted User to place the Restricted Order or stored by the Restricted User in the unauthorized account (e.g., credit card or DARE Books Gift Card) or (2) seek a judgment against the Restricted User for payment thereof. Other conditions may apply and shall be set forth in the Restriction Notice.

User agrees that DARE Books shall be entitled to assess such Administrative Fee, to charge such payment method and to seek such judgment.

XI. INDEMNITY

User agrees to indemnify and hold each DARE Books Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's breach of the Terms of Use or User's violation of any law or the rights of a third party.

XII. PASSWORD AND ACCOUNT SECURITY

Every User that has an account on the DAREBooks.com Site is responsible for (i) keeping his or her account password confidential and secured, (ii) restricting access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her DARE Books account using an old e-mail address, such User will not receive messages from DARE Books about his or her orders and inquiries or other matters).

User accepts full responsibility for all activities that occur within such User's DARE Books account.

XIII. NOTICES

User consents to receive electronic communications from DARE Books, whether addressed to the e-mail address associated with such User's DARE Books account or posted on the DAREBooks.com Site. User acknowledges and agrees that any communication via e-mail or by postings on this DAREBooks.com Site satisfies any legal requirement that such communications be made in writing.

XIV. DISCLAIMERS AND LIMITATION OF LIABILITY

THE DAREBOOKS.COM SITE IS PROVIDED BY DARE BOOKS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH DARE BOOKS PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NO DARE BOOKS PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE DAREBOOKS.COM SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE DAREBOOKS.COM SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE DAREBOOKS.COM SITE; OR (IV) THAT THE DAREBOOKS.COM SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF DARE BOOKS ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.

DARE BOOKS DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE DAREBOOKS.COM SITE OR ANY RELATED SERVICES. THE OPERATION OF THE DAREBOOKS.COM SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF DARE BOOKS.

UNDER NO CIRCUMSTANCES SHALL ANY DARE BOOKS PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE DAREBOOKS.COM SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE DAREBOOKS.COM SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO DARE BOOKS'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE DAREBOOKS.COM SITE.

NO DARE BOOKS PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE DAREBOOKS.COM SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH DARE BOOKS PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

XV. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

XVI. APPLICABLE LAW; JURISDICTION

The DAREBooks.com Site is created and controlled by DARE Books in the State of New York. The laws of the State of New York will govern the Terms of Use, without giving effect to any principles of conflicts of laws.

Each of DARE Books and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Kings County, New York and waives any objection to the laying of venue of any litigation in said courts.

XVII. DISPUTE RESOLUTION

For any claim or controversy at law or equity that arises out of the Terms of Use, the DAREBooks.com Site or any DARE Books service (each a "Claim") where the total amount of the award sought is less than $10,000 (excluding Claims for injunctive or other equitable relief), DARE Books may elect to resolve the dispute through binding arbitration conducted by telephone, on-line or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Alternatively, any Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Kings County, New York or in the United States county where the defendant is located (in the case of DARE Books, Kings County, New York, and in the User's case either in the county of such User's home address or principal place of business, or if such address is not located in the United States, then in Kings County, New York).

Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

XVIII. ADDITIONAL TERMS AND CONDITIONS

In addition to the policies and guidelines located throughout the DAREBooks.com Site, the following policies are incorporated into the Terms of Use:

• Shipping & Returns:(accessible via a link on the bottom left corner of the DAREBooks.com Site pages)
• Privacy and Security Policies (accessible via a link on the bottom left corner of the DAREBooks.com Site pages)

XIX. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and DARE Books regarding User's relationship with DARE Books and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. By visiting any area on the DAREBooks.com Site or making a purchase via the DAREBooks.com Site, a User is deemed to have accepted the Terms of Use.

XX. MODIFICATION

DARE Books reserves the right to make changes to the DAREBooks.com Site, posted policies and Terms of Use at any time without notice.