BookPagez Subscriber Agreement

This agreement was last updated on June 29, 2016.

PLEASE READ THIS SUBSCRIBER AGREEMENT AND INDICATE YOUR ACCEPTANCE CLICKING THE “SUBSCRIBE NOW” BUTTON ON THE CHECKOUT PAGE. BY COMPLETING THE REGISTRATION PROCESS TO BOOKPAGEZ.COM, YOU ACKNOWLEDGE AND REPRESENT THAT YOU ARE AN AUTHORIZED USER AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THIS SUBSCRIBER AGREEMENT AND THE BOOKPAGEZ.COM TERMS OF USE.

This Agreement (the “Agreement”) is between you and Thinking Tree Enterprises, LLC dba BookPagez. This Subscriber Agreement sets forth the terms and conditions for your subscription (your “Subscription”) to the BookPagez Service (the “Service”).

1. Your Rights.
Subject to your payment of the subscription fee for the Service (the “Subscription Fee”), Thinking Tree Enterprises, LLC dba BookPagez grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Service. By subscribing to the Service, if you are not already registered on BookPagez.com, you will be required to become a registered user of BookPagez.com.

2. Subscription Fee and Other Charges.
You agree to pay, using a valid credit or debit card or valid purchase order acceptable to Thinking Tree Enterprises, LLC dba BookPagez, the monthly, annual, or other periodic Subscription Fee set forth on the Service and other charges incurred in connection with your account, plus any applicable taxes. We may increase the Subscription Fee and other charges, or add new fees or charges, upon advance notice, which notice may be posted on the Service. If you pay your Subscription Fee by credit or debit card, your Subscription will renew automatically for the same Subscription term originally purchased (i.e., if your Subscription is annual, it will be automatically renewed for another one-year term at the end of the current Subscription period), unless terminated by Thinking Tree Enterprises, LLC or until you notify Thinking Tree Enterprises, LLC by contact form, telephone, mail or email (receipt of which must be confirmed by us via email) of your decision to terminate your Subscription. Thinking Tree Enterprises, LLC dba BookPaegz will automatically charge your account for renewal of your Subscription at the rate for the term of your Subscription then in effect as posted on the Service. The Subscription Fee and other charges will be billed automatically to your credit or debit card at the start of the applicable subscription period, and at the start of each renewal period, unless you terminate your Subscription before the relevant period begins. If you have an annual or biannual Subscription, we will notify you of the pending renewal of your subscription prior to the date your Subscription renews, except as otherwise required by law. You must cancel your Subscription before it renews in order to avoid billing of the Subscription Fee and other charges for the renewal term to your credit or debit card. If you pay your Subscription Fee by purchase order, your Subscription will not renew automatically, and a new purchase order will be required to renew your Subscription. Note, monthly Subscriptions may only be purchased with a credit or debit card, purchase orders will not be accepted. In the event that Thinking Tree Enterprises, LLC dba BookPagez cannot charge or debit your account or if the purchase order you provide is not valid, Thinking Tree Enterprises, LLC dba BookPagez reserves the right to terminate your access to the Service.

You are responsible for all charges incurred to access the Service through a third party service provider including without limitation internet service providers and telecommunications companies.

3. Account Data; Your Password
During the registration process for the Service, you will be required to submit certain personal information in order for us to bill you and service your Subscription, including without limitation your name, address, telephone number(s), applicable payment data (e.g., credit/debit card number and expiration date or purchase order information), and e-mail address, and you may be assigned or asked to select a user name and a password to use to access the Service (“Account Data”). The Service is subject to the BookPagez Privacy Policy, unless otherwise indicated in respect of features on the Service operated by or with a third party. If your access to the Service has been provided by or through a third party (such as your employer or an educational institution via a site license or subscription key), that third party may have provided us with information about you so that we may provide you with access to the Service.

You agree to provide only true, accurate, current and complete information to us in connection with your registration for and use of the Service, and you acknowledge and agree that the user name and password assigned to or selected by you in connection therewith are for your individual use only. You further agree to accept all responsibility for all activities that occur under your user name or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any user name and/or password that may assigned to or selected by you and/or, if applicable, your subscription key, so that others may not access the Service using your account and/or identity. If your password and/or, if applicable, subscription key is distributed to third parties or otherwise misused, Thinking Tree Enterprises, LLC dba BookPagez shall have the right, in its sole discretion and without notice to you, to terminate this Agreement and your Subscription.

You may check “My Account” from time to time to determine whether your Account Data is current and accurate, and, if it is not, to correct or update your Account Data. You agree to promptly update your Account Data, in accordance with the instructions on the Service when such updates are necessary, including without limitation in the event of any unauthorized use of your Subscription, or any breach of security, such as loss, theft, or unauthorized disclosure of your password or credit/debit card or purchase order information. If your credit or debit card or purchase order expires, is canceled, is lost or is subject to use without your authorization, or if your Subscription is subject to use without your authorization, you must notify us via the contact form. If you fail to provide us with any necessary updates to your Account Data, then any notice that we may send to your old Account Data shall be deemed sufficient notice to you.

4. Copyright and Trademarks.
Unless otherwise indicated, all materials on the Service, including without limitation text, images, software and databases (collectively, the “Content”) are owned or controlled by Thinking Tree Enterprises, LLC dba BookPagez, which retains ownership of all right, title, and interest in and to the Content, including without limitation the copyrights, trademarks, service marks and all intellectual property rights therein. The Service and the Content are protected by the copyright and trademark laws of the United States and other countries, international conventions and other applicable laws. Content that you access via the Service may be displayed, reformatted, and printed for your personal, non-commercial use only. In no event shall you use the Content for any commercial or public manner, including without limitation any public exhibition, and you shall not download, reproduce, transmit, distribute or circulate the Service or the Content or any portion thereof without the prior written permission of Thinking Tree Enterprises dba BookPagez. You further agree not to interrupt, or attempt to interrupt, the operation of the Service in any way, nor shall you take any actions that disable, damage or impair the Service’s control or security systems, including without limitation by hacking, de-compiling, disassembling or reverse-engineering the Service or the Content. Notwithstanding anything contained herein, you may make a limited number of copies of Content printed by you through the Service for use in your classroom during the current school year, provided that you include any copyright or other proprietary notices that are included in such Content. You agree not to use the Content in any manner that disparages the Content or Thinking Tree Enterprises LLC dba BookPagez, or in any manner that is inappropriate for children.

6. Cancellation.
Information on how to cancel your Subscription is available in the Refund Policy. The following terms will apply, unless otherwise provided pursuant to the terms and conditions of any applicable site license, subscription key or any promotional offer made available to you in connection with your Subscription:

Your Subscription will continue through the end of the current period (month or year) and the cancellation will be effective as of the first day of the immediately succeeding period. You will not receive a refund.

Multi-Classroom and Bundled Subscriptions: Multi-Classroom and Bundled Subscriptions must be cancelled in their entirety (i.e., all subscriptions issued under a cancelled Multi-Classroom Subscription will be cancelled at the same time; all subscriptions purchased in a bundle will be cancelled at the same time) and will be cancelled effective the last day of the current subscription period.

Complementary and gift Subscriptions are not eligible for refunds, although such subscriptions may be cancelled as described above.

7. Links to Other Sites.
Visitors may find links from the Service to independently owned, controlled and/or managed World Wide Web or Internet sites whose content we have found of possible interest to our visitors. In some cases, but not always, the links represent cooperative projects or mutual links established with the organizations connected with these sites. While we initially visit these sites to which we directly link, please note that we do not monitor or control the content that appears on these sites and such content may be constantly changing. We encourage all end users of the Service to read the terms of use and privacy policies of all linked sites before navigating through them.

8. Indemnification.
Your indemnification obligations under the Thinking Tree Enterprises LLC dba BookPagez Terms of Use, which are hereby incorporated by reference, include without limitation any third party claims arising from any breach or alleged breach of any of your representations or obligations set forth herein.

9. Modifications.
Thinking Tree Enterprises LLC dba BookPagez has the right to modify this Agreement and any policies affecting the Service without your prior written consent. Any modification is effective immediately upon posting to the Service or distribution via electronic mail or conventional mail. Your continued use of the Service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only remedy if you are dissatisfied with any modifications made pursuant to this provision, or any policies or practices of Thinking Tree Enterprises LLC in providing the Service, including without limitation any change in the Content and/or any change in the amount or type of fees or charges associated with the Service, is to cancel your Subscription in accordance with the Refund Policy. Without limitation of the foregoing, Thinking Tree Enterprises LLC dba BookPagez has the right to modify, suspend or discontinue the Service or any portion thereof at any time, including the availability of any area of the Service. Thinking Tree Enterprises LLC may also impose limits on certain features and services or restrict your access to parts or all of the Service without any notice or liability to you.

10. Term and Termination.
This Agreement will become effective upon your acceptance by clicking the “Subscribe Now” button in the registration process for the Service and will remain in effect for the applicable Subscription period. In addition to any other rights set forth herein or in the Terms of Use, Thinking Tree Enterprises LLCdba BookPagez may terminate this Agreement if (a) you violate the terms of this Agreement and/or the Terms of Use, (b) we believe your conduct in connection with the Service violates applicable law, or (c) we believe in good faith that your conduct on the Service is harmful to the interests of Thinking Tree Enterprises LLC dba BookPagez or to other subscribers or users. If you would like to terminate your Subscription, please submit the contact form. Thinking Tree Enterprises, LLC dba BookPagez also reserves the right to restrict, suspend or terminate your access to the Service in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement, and in such event, Thinking Tree Enterprises, LLC dba BookPagez shall not be required to refund your Subscription Fee or any portion thereof. If Thinking Tree Enterprises LLC dba BookPagez terminates this Agreement, Thinking Tree Enterprises, LLC dba BookPagez reserves the right to refuse to provide you with a Subscription for the Service in the future. Upon expiration or termination hereof, all rights granted here under shall revert to Thinking Tree Enterprises, LLC dba BookPagez and all access to and use of the Service and the Content by you must cease. In no event shall any ownership rights in or to the Service or the Content be transferred to you.

11. General.
This Agreement, together with the Terms of Use, is the entire agreement between the parties relating to the subject matter herein and supersedes any prior agreements related thereto. Failure by Thinking Tree Enterprises, LLC dba BookPagez to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right contained herein.