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NovelAction.com – Terms
and Conditions of Use
Additional Provisions Pertaining to Members
Please read these additional provisions carefully. These provisions,
(along with the Terms and Conditions of Use) constitute an agreement between
you and Novel Action, Inc. regarding your membership. You can view the general Terms of Use by clicking on the "Terms of Use" link at the bottom of any web page on the Site prior to logging in. You can view these membership provisions at any time by logging in and clicking on the "Terms of Use" link at the bottom of either the "My Account" page or any of the book search pages. The words
“member,” “you” and “your” refer to
you as a member or prospective member. “We,” “us,” “our” and “Novel Action” refer to Novel Action,
Inc. The “Site” refers to the Novel Action, Inc. website,
www.NovelAction.com.
Member Eligibility
Membership is available to adult residents of the 50 states of the United
States, and those with APO/FPO addresses, age 18 or older. Novel Action is a membership based service.
To avoid fraud, only one shipping address is allowed per member.
Competitors or immediate family members of competitors are prohibited
from joining the service. Use by commercial organizations and resellers
is prohibited.
Membership Dues
The annual membership is currently $25. Novel Action reserves the
right to increase or decrease this charge at any time. In either case,
the modified rate for anyone who is a member of Novel Action prior to
the rate change will not take effect until the regularly scheduled renewal
period. If the rate is increased, no additional funds are due; the
increase takes effect on the member’s regularly scheduled renewal
date. If the rate is decreased, there will be no refunds or credits issued;
the new rate is effective as of the member’s regularly scheduled
renewal date.
Acceptable Books
To ensure an equitable and enjoyable experience for all of our members,
all books sent to Novel Action for exchange must meet our book
quality guidelines. These guidelines may be updated from time to
time and we will notify all members via the email address in the member
profile if there are material changes to these guidelines. The goal of the site is to host an active trading environment with books that are desirable to the average reader. We reserve the right to reject books not in keeping with the spirit of the site. Members
are encouraged to contact us if there are any doubts or
concerns about the type or condition of books they wish to exchange. Members
will be notified within 24 hours of receipt if their books do not meet guidelines, and
given the option to pay for return of the books. Books received
that do not meet the stated quality standards will be ineligible for exchange and will be discarded unless
the member pays return shipping and handling charges.
If a member repeatedly seeks to exchange books that do not comply
with the guidelines, his or her membership may be cancelled by Novel Action.
Shipping and Handling
You are responsible for mailing your books to Novel Action in a
timely manner (the same day, or next business day after you place your order), and are responsible for shipping costs. Because you are
mailing multiple books to a single location, you save money
compared with shipping single books to multiple locations. Since the books you select are reflected as “out of
stock” and not available to other members on the Site, if
we do not receive your books within 12 business days (25 days for APO/FPO) of your order, we will cancel your order and your selected
books will be restocked. You will be notified via the email address on file of said cancellation. If you produce a delivery confirmation indicating your books were mailed by the next business day after your order was placed, (i.e. books lost in the mail), a refund will be issued to your credit card. In the absence of delivery confirmation, the shipping costs associated with your order, less $1.00 for orders 6.000 pounds or less or $2.00 for orders over 6.000 pounds, will be refunded in the form of a coupon which will be vaild for 90 days. If we receive your books after your order has been cancelled, we will issue book bucks for them.
Once we receive your books and confirm they
comply with the quality guidelines, we will ship to you the next
business day the books you selected for exchange. We primarily utilize USPS media mail, but may also use either
USPS priority mail, UPS ground or Fed Ex Ground Service,
and delivery confirmation is used for all shipments. Members can receive roughly 12-15 paperbacks (up to 6
pounds of books) for a flat rate of $4.80. The acutal number may be more or less, depending upon the size of the books. Each book on the Site has a weight clearly displayed, and a real-time weight scale, shown below the bookbag, is automatically updated when a book is added. Larger or heavier orders may be split into 2 simultaneous shipments. Orders greater than 10 pounds have higher handling charges incorporated. Shipping rates are as follows:
0-6.000 pounds $4.80
6.001-8.000 pounds $6.50
8.001-10.000 pounds $8.50
10.001-12.000 pounds $10.40
12.001-15.000 pounds $12.20
15.001-20.000 pounds $15.45
20.001-25.000 pounds $18.00
25.001-30.000 pounds $21.45
Taxes
Applicable taxes will be charged on book purchases (not exchanges
or membership dues) made to an Illinois address.
Email addresses
Email addresses are used for all site communication, including, but not limited to, transaction receipts, shipment notifications, member-scheduled alerts for books and questions, or issues related to orders. If a valid email address is not supplied and there is an issue with an order, that order may be cancelled.
Chat Room
Novel Action provides a chat room, The Novel Café, as a service
to our members. Members may post reviews, comments and other content
so long as the content is not illegal, obscene, threatening, defamatory,
invasive of privacy, infringing of intellectual property rights, or otherwise
injurious to third parties or objectionable and does not consist of contain
software viruses, political campaigning, commercial solicitation, chain
letters, mass mailing, or any form of “spam.” Further,
members may not use a false e-mail address, impersonate any person or
entity, or otherwise mislead as to the origin of the content. The
Site reserves the right, but is not obligated to, remove or edit such
content, but does not regularly review the chat room. Members are
solely responsible for their comments and activities on the Site.
Abusive language and behavior will not be tolerated and members are encouraged
to report such behavior using the “report abuse” link found
on the Novel Café page of the Site. Any member judged by Novel
Action to be abusing the chat room may have his or her account terminated.
Book Bucks
Book Bucks function just like books sent in for exchange and they allow the member to order books from the Site at any time, as long as book bucks are available. Following the procedure outlined in the FAQ, send us any number of books whenever you like, and we'll issue an equal number of book bucks in exchange (1 book = 1 book buck, regardless of book format (paperback, hardcover or CD). All orders for books using book bucks received on any business day by 6PM central time are shipped the next business day. Members can always view their Book Buck balance
on the "My Account" page, and at the top-left of any page once logged in. Book Bucks are not redeemable for cash.
Book Purchase
If you want to purchase books from
the Site, simply add the books to your
book bag using the "Buy" button, and your books will be shipped the next
business day. Because the primary function of Novel Action is to
serve as a centralized online book exchange for our members, we reserve
the right to limit the quantity and frequency of book purchases.
Gift Subscriptions
Members, guests, or visitors can purchase gift subscriptions. A $25 membership gift subscription provides a full 12-month membership to NovelAction.com. The recipient can then conduct unlimited exchanges for just the cost of shipping. Subsequent renewals are the responsibility of the recipient.
Gift subscriptions purchased with a credit card are mailed free via first class mail within 3 business days of order receipt. Subscriptions purchased with a check are mailed via first class mail within 12 business days of order receipt (check must accompany order). Priority mail shipment is available for a flat rate of $5.00. The certificate for the gift membership can be sent to the purchaser or the recipient. Instructions for use are on the back of the certificate.
Gift subscriptions are not refundable and are not redeemable for cash.
Gift Baskets and Boxes
Membership is not required to purchase gift baskets and boxes.
A separate book order must be placed for each basket such that there is a unique order ID number associated with each basket purchased. Books must be purchased using the “buy” button. Book bucks and exchange orders cannot be used for basket orders. Of course, all books will meet quality guidelines as outlined on the website, and we will use books in the best condition for your basket.
Large baskets and boxes contain 14 paperback books and small baskets and boxes contain 8 paperback books. Specialty themed baskets are also available for an additional charge. Basket pricing depends upon your specific selection, and is as indicated on the order form. Baskets are normally shipped via media mail. Upgrades to Fed Ex or priority mail are available for additional cost as determined by final weight and destination. Email us at gifts@NovelAction.com for an order form or with any questions, or call us at 312-515-7179.
Basket production starts immediately after order receipt. Cancellations will incur the following penalties, in addition to any shipping charges if the basket has already shipped:
2 - 24 hours after order placement: 20% of total charge
2-3 days after order placement: 30% of total charge
3-4 days after order placement: 50% of total charge
5+ days after order placement: 60% of total charge
Once the basket has been shipped, it cannot be recalled. If the basket has already shipped and you cancel the order, the refund will not be processed unless and until all books are returned, with the basket unopened and in the original shipping container with packing materials. You are responsible for return shipping charges. If the basket was shipped to a 3rd party, you are responsible for contacting that party and initiating the return process following order cancellation.
Refunds and Exchanges
We want you to be completely satisfied with our service. If you order
books from the Site and receive the wrong book(s), you must notify us
via email within 3 days of receipt of your order (according to our delivery
confirmation). Note that a “wrong book” is defined
as a book with a different title or author than the ordered book. Because
there are often multiple printings of books, the cover photo and page
count shown on the Site for the book you order may not match the book
you receive, and a difference in either is not cause for refund or exchange.
Weights, page counts and dimensions given for books are estimates. Further, all books shipped will
meet our book quality guidelines. Member dissatisfaction
of the condition of a book that meets our book quality guidelines is not
cause for refund or exchange. If you have any questions about
a book, you can contact us for additional details or clarification.
If you receive the wrong book and the
book you originally requested is still in inventory, we will ship promptly
the correct book to the shipping address on your account and will,
at our discretion, either let you keep the “wrong book” or
we will include a pre-paid return shipping package for you to ship the
other book to us. We will be responsible for all shipping costs.
If the book you originally requested is no longer in inventory, you may
choose to either select another book from the Site, or receive a refund
in the form of 1 Book Buck for future use.
You will always have the ability to confirm
your book selection, both in your shopping cart and prior to payment,
and it is your responsibility to do so. However, if you select a
book in error, you can simply exchange the book(s) through the normal
exchange process, but you will bear any shipping costs associated with
the exchange.
No refunds for membership dues are provided.
Account Cancellation
We sincerely hope you’ll enjoy our service, but you may cancel your
membership at any time without penalty. There are no refunds provided.
If you have Book Bucks in your account, you can transfer them
to another member of your choice if desired prior to cancellation of your
membership. Book Bucks have no cash value and can not be sold or bartered.
Any Book Bucks remaining in your account at the time of cancellation will
be removed from the system without compensation. Your user name and password for the
Site will be deactivated and you will no longer be authorized to access
the Site.
Privacy and Security
Your online privacy and security is of the utmost importance
to us. Our collection and use of personally identifiable information is
governed by our Privacy Policy. Please read it because by
accessing and using our Site, you agree to be bound by that policy.
You recognize and agree that when submitting your personally identifiable
information to NovelAction.com, while Novel Action has safeguards in place
to prevent unauthorized access or interception, there is no absolute guarantee
of security. In the unlikely event of an interception or unauthorized
access despite our efforts, Novel Action shall not be responsible for
such interceptions or unauthorized access, or any direct, indirect, special,
incidental, or consequential damages (including lost profits) suffered
by a member, even if Novel Action has previously been advised of the possibility
of such damages. Novel Action provides no warranty, either express or
implied, that the information provided by any member shall be free from
interception or unauthorized access, and does not provide any implied
warranties of merchantability and fitness for a particular purpose. Each
member is responsible for maintaining the confidentiality of his or her
own password.
Because all of your transactions are with
Novel Action, your email address and personal home address are never shared by us
with other members, nor is any of your information sold or rented to anyone.
Changes to These Provisions
Novel Action reserves the right to modify these membership provisions
at any time without advance notice to you. You can view these membership provisions at any time by logging in and clicking on the "Terms of Use" link at the bottom of either the "My Account" page or any of the book search pages. Whenever material changes
are made, we will contact
all members via email, using the email address they provided, to inform
them that changes have been made. Please review these provisions regularly
since your use of the Site as a member indicates your acceptance of these
provisions including any modifications thereof. You consent
to receive such communications from us electronically. If you elect not to receive emails from us, you recognize and agree that you must visit the site periodically to review these provisions. In addition,
you agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement that
such communications be in writing.
Items Lost in the Mail
Novel Action will ship via USPS priority mail, USPS media mail, UPS Ground
or Fed Ex Ground Service. When shipping via USPS, we will use their
delivery confirmation service. When shipping via UPS and Fed Ex,
their well established tracking systems will be utilized. If delivery
to the address you provided is confirmed by delivery confirmation or the
tracking system, the books will be deemed “delivered” and
not lost. If delivery
is not confirmed within 7 business days of the last expected date of receipt,
you will receive an equivalent number of Book Bucks for use on the site. When you ship items to us, we encourage you to use a reliable
method with delivery confirmation. If you claim to have shipped items to us and those
items are not received and there is no confirmation of delivery, we will
not consider those items received and you will not be eligible to receive
any books in exchange. This provision is necessary to protect us
from fraud and abuse.
Dispute Resolution
You agree that any dispute or claim related to these Terms and Conditions
or your use of the Site that can not be resolved by the parties within
45 days after initial notification of dispute or claim will be settled
by alternative arbitration conducted under the rules then prevailing of
the American Arbitration Association. All fees and expenses
of the arbitrator shall be born equally between the parties. The
arbitration award shall be the sole and exclusive remedy between the parties.
Any monetary award made by the Arbitrator shall be made and promptly paid
in United States Dollars. Any award made shall bear interest from
the date of the award until final, full payment at a rate to be fixed
by the Arbitrator. The decision of the Arbitrator shall be final
and binding on each of the parties and may be enforced in any court having
jurisdiction over the party against which enforcement if sought.
Judgment or decree upon an award rendered by the Arbitrator may be entered
in any court of appropriate jurisdiction.
However, to the extent that you have in any
manner violated or threatened to violate the Site’s intellectual
property rights, the Site may seek injunctive or other appropriate relief
in any state or federal court in the state of Illinois.
Indemnity
You agree to defend, indemnify and hold Novel Action and any affiliated
company or individual harmless from any and all liabilities, costs and
expenses, including reasonable attorneys’ fees, related to any violation
of these Terms and Conditions by you or your authorized users, or in connection
with the use of the Site or the Internet or the placement or transmission
of any message or information on this Site by you or your authorized users.
Termination/Entire Agreement
Either the Site, or our agreement with you, may be terminated by Novel
Action at any time. If you are in violation of these Terms and Conditions,
we can, at our discretion immediately terminate our agreement with you.
In the event of our termination of this agreement with you, you will be notified and your
user name and password for the Site will be deactivated. You will no
longer be authorized to access the Site and any and all Book Bucks
will be forfeited. All limitations on Novel Action’s liability
and on your use of Novel Action material shall survive. We have no plans to discontinue this Site. However, if at some point we decide
to terminate the Site, we will provide at least 30 days notice to our
members to allow them to conclude their transactions on the Site.
No refunds will be provided, no Book Bucks will be issued and no new members
will be accepted during this time period.
These Terms and Conditions, along with any
additional rules or conditions referred to constitute the entire agreement
and understanding between you and Novel Action as to your use of the Site,
superseding all prior or contemporaneous communications and/or proposals.
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