Agreement to Communicate Electronically
License to use this site
Certification Books grants you a limited license to access and make personal use of this site and not to modify it or re-use it, or any portion of it, except with express written consent of Certification Books.
Certification Books provides this website CertificationBooks.com and associated websites and services to you subject to the following conditions. In visiting CertificationBooks.com or associated websites you accept these conditions.
License to use CertificationLib
Certification Books grants CertificationBooks.com account holders a limited license to access free content on CertificationLib and paid subscribers access to agreed content, for personal use but not to modify or re-use its contents, or any portion of it, except with express written consent of Certification Books. Certification Books retains the right to remove access to free content. When the paid subscription period ends, access to content, aside from any free content, is removed and any caching must be removed.
In visiting CertificationBooks.com you are agreeing that any disputes that arise are subject to India Law.
At Certification Books we endeavour to make all the information on our websites, and especially that relating to our products, as accurate as possible. However, Certification Books does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If you buy a product from us that you are unhappy with, your sole remedy is to return it in unused condition.
All content included on this site, such as text, graphics, logos, page headers, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Certification Books, and is protected by international copyright laws. Consequently, Certification Books's trademarks may not be used in connection with any product or service that is not Certification Books Limited’s in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the company.
Third Party Links
The provision of links to other websites or locations is for your convenience and does not signify our endorsement of such other, websites or locations, or their contents. Because Certification Books has no control over, does not review, and cannot be responsible for, these outside websites or their content, you acknowledge and agree that Certification Books is not responsible for these resources. Additionally, Certification Books is not responsible for the availability of such third party sites or resources, and does not endorse and is not responsible or liable for any damages resulting from use or transactions related to such sites or resources.
Third Party Content
Content from other third parties is made available to you through links.
Because Certification Books does not control such content, you agree that Certification Books is not responsible for any such content, including advertising and information about third party products or services. Furthermore, Certification Books does not have control over such Content and makes no guarantees about the accuracy, currency, suitability, or quality of such content, and assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by third parties.
Terms of shipment
Every purchase you make from Certification Books via this website CertificationBooks.com is made subject to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Therefore, it is your responsibility to ensure that any contact information/delivery address you have provided to Certification Books is both accurate and up-to-date. Failure to ensure these details may result in your order being delayed, lost, or un-delivered, and Certification Books cannot be held responsible for instances where incorrect details have been given.
If you are unsure about your order, please contact the Customer Relations team on:
If you use this site, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. Further, under no circumstance must you misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs, spyware, adware, or other material that is malicious or technologically harmful or designed to adversely affect the Website. Additionally, you must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer, or database connected to the Website. Any attempt to do would be a criminal offence.
Lastly, Certification Books reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY CERTIFICATION BOOKS ON AN "AS IS" AND "AS AVAILABLE" BASIS. CERTIFICATION BOOKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPLICITLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CERTIFICATION BOOKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CERTIFICATION BOOKS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM CERTIFICATION BOOKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CERTIFICATION BOOKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Certification Books reserves the right to make changes to this site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Certification Books may immediately suspend or terminate your access to the Site without notice if any breach of these Terms and Conditions of use by you is brought to our attention.
If you breach these Terms and Conditions and we take no action, we will not have waived any of our rights and may still use any rights and remedies that were open to us when you broke them.
Furthermore, your registration maybe terminated and your profile and any content or information that you have posted on the Site maybe deleted at any time. We may prohibit you from using or accessing the Site for any reason, at any time in our sole discretion, with or without notice. These Terms and Conditions shall apply to any use of the Site.
The sale and purchase of products via this application website is by a contract between you and us, formed when you have placed an order. Once your order has been placed, the purchased eBook shall appear in your ‘Owned’ or ‘My Library section’. Alternatively, for a hardcopy book purchase, once we have accepted your order, we will send you an order confirmation.
Please note that as soon as we confirm your eBook order, it will enter our electronic system and we will be unable to prevent it being dispatched to your account. In addition, no refunds or exchanges will be given on eBooks unless the supplied file is faulty or a fault occurs during the book made available to you, i.e. during download. If either case should sadly arise, then you should contact Customer Care (customercare@CertificationBooks.com) who will be able to resolve this issue for you.
Furthermore, in making a purchase, you agree and recognise that:
eBooks will be supplied for in-app reading or downloadable in a number of formats. It is therefore the responsibility of the purchaser to obtain a copy of the appropriate software necessary for viewing the eBook.
Specific web app T&Cs
In using this app, you agree that:
Terms and Conditions - Certificationsbooks eShopping℠ Program
The Certificationsbooks eShopping℠ program (the "Program") and website are owned by Spectramind , Inc. ("Spectramind"), and managed and operated for Spectramind by Spectramind Commerce, Inc. ("Spectramind Commerce"). The Program enables members of the Spectramind Certificationsbooks℠ program to earn Certificationsbooks Miles ("Miles") for qualifying purchases made through the website, located at www.Certificationsbookseshopping.com (the "Site"), and with participating off-line merchants.
1. Activation You represent that you are a person of legal age in the state in which you live (generally at least 18 to 21, depending on the state) and are a legal resident of the United States or its territories. We may ask you to provide us with certain information as part of the Program shopping process. You agree that it is your responsibility to keep your Certificationsbooks eShopping℠ Member information current, complete and accurate by periodically updating your information in the appropriate section of the Site.
2. License Subject to this Agreement, we hereby grant you a non-exclusive, non-transferable license (without the right to sublicense) for so long as you participate in the Program and adhere to this Agreement, to access, participate in and use the Site. You agree that you obtain no rights other than the rights and licenses expressly granted in this Agreement.
3. Fees There is no fee to enroll in the Program. Some of the businesses that participate in the Program by awarding Miles in connection with your purchases at or with those businesses (each a "Participating Merchant") may charge fees with respect to some of their offers related to the Program. Any such fees will be disclosed in the description of those Participating Merchants' offers, and each Participating Merchant reserves the right to change such fees or institute new or additional fees in the future.
4. Policies You agree to comply with this Agreement, and all other policies and rules as set forth in Program materials, including materials of Participating Merchants, either in print or on the Site (collectively, the "Policies"). The Policies, including any amendments that may be made from time to time, are hereby incorporated by reference into this Agreement. We may modify this Agreement or the Policies at any time. This Agreement and the Policies as so amended are posted on the Site, and your continued use of the Program thereafter will constitute acceptance of any such amendment.
Certificationsbooks eShopping℠ Member Obligations
5. No Unauthorized Use of the Network You agree that you will not, and will not permit others to:
a provide any unauthorized third party with access to the Program or any information, data, text, links, images, software, chat, communications and other content available through the Internet and proprietary in the Program (collectively, "Content") by any means;
b modify, reverse engineer, reverse assemble or decompile any of the software applications used by you in connection with your participation in the Program;
c engage in any activity that does not comply with U.S. law or other applicable law and regulations or otherwise engage in any illegal, manipulative or misleading activity through the use of the Program;
d introduce into the Program any code intended to disrupt the Program, alter or delete its Content, access confidential Content on the Site or interfere with the operation of the Program, including, but not limited to, distribution of unsolicited advertising or mail messages and propagation of computer worms and viruses;
e post any material in any form whatsoever on the Site or within the Program that is defamatory, obscene or otherwise unlawful or violates any third party's right of privacy or publicity;
f infringe any third party's patent, copyright, service mark, trademark or other intellectual property right of any kind or misappropriate the trade secrets of any third party in connection with your use of the Program; or
6. You will maintain the confidentiality of the User Names and Passwords by which you access the Program, and will allow access to the Program only by authorized persons, and not by any Program, expert system, electronic agent, "bot" or other automated means. Any use of your assigned User Names or Passwords will be deemed to be your use. If there is a breach of security through your account, you will immediately change your Password and notify us of such breach. You agree that, unless you have first notified us immediately of any such breach, we should assume that any instruction transmitted using your User Name and Password is yours and has been authorized by you, and we will have no obligation to inquire into the propriety of such instruction. You will not permit any use of the Program that would damage, interfere with or unreasonably overload the Program. You acknowledge that neither Spectramind nor Cartera Commerce will contact you to solicit your User Name or Password.
7. Community Standards By using the Site, you are voluntarily becoming a member of a community which depends on the goodwill and responsible behavior of each of its members. Members are required to refrain from transmission or communication of images or text constituting ethnic slurs, obscenities, sexually explicit material, inflammatory or derogatory comments, or anything else that may be construed as harassing or offensive, which is targeted at the Program, the Site, our employees, contractors or agents, a Participating Merchant, or other members. This includes communications by means of social media or other Internet posts which violate the above community standards or promote or encourage gaming or fraudulent behavior. Members who violate this provision, as determined by us in our sole discretion, may have their access to the Program suspended or terminated without prior notice. 8. Discontinuation or Suspension of Use We may, in our sole discretion, at any time and without prior notice: a discontinue transmitting all or any part of the Content related to the Program; b change, discontinue or limit access to the Program or any functionality, feature or other component of the Program; or c suspend or terminate your use of or access to the Program without giving you prior notice of such suspension or termination, including without limitation due to: the appearance of fraud; gaming; malicious intent; abuse; or other violation of the terms of this Agreement, as determined by us in our sole discretion, in addition to any other remedies available to us at law or in equity. We reserve the right to cancel or change the Certificationsbooks eShopping℠ Program at any time without notice. We may endeavor, but will not be obligated, to notify you of changes or cancellation but disclaim responsibility for failure to do so or any errors in attempting to contact you.
Participating Merchant Offers and Award of Miles
9. Mileage Awards In order for us to award Miles to you for participation in the Program on the Site, you must follow certain guidelines to create a "Qualifying Purchase".
a Be logged into the Site at www.Certificationsbookseshopping.com;
b You must use only valid links within the Site to enter a Participating Merchant's website; and
c You must complete your transaction within any session generated when clicking a valid link.
We cannot award Certificationsbooks Miles for any purchase made through a third party retailer or other merchant that may be linked to a Participating Merchant's website. If you are in doubt about whether or not you are in a valid session you should reenter the www.Certificationsbookseshopping.com website and then click on the Participating Merchant that you wish to shop at, and then complete your transaction.
You should read each mileage offer carefully as Participating Merchants may impose conditions or restrictions different from, or in addition to, those described on the Site or in other promotional materials. Miles are awarded based on the price of goods or services purchased, excluding shipping, applicable taxes and any special handling fees. We are not responsible for setting or maintaining the number of the Miles awarded by any Participating Merchant in connection with a Qualifying Purchase or for the requirements of any Participating Merchant's program or offer. Each Participating Merchant has reserved the right to change at any time, and without notice, the number of Miles offered as well as the terms and conditions of any Qualifying Purchase. Your continued use of the Program thereafter will constitute acceptance of such terms and conditions. We do not represent or warrant that any particular Participating Merchant will participate in the Program at the time you join the Program or at any time thereafter. For the purposes of this Agreement, a purchase is a "Qualifying Purchase" once all conditions in a Participating Merchant's offer with respect to that purchase, including any waiting periods, have been satisfied.
10. The Program Account a Your Program Account, located on the Site will display a summary of all Miles awarded as a result of your participation in the Program. Miles awarded through the Program will be posted to the account maintained by Spectramind (your "Certificationsbooks Account") within 8 weeks of notice from a Participating Merchant to us of your relevant transaction. You agree that we will not be responsible for any delay in posting Miles to your Certificationsbooks Account. Your Certificationsbooks Account is the definitive record of your mileage accruals. You acknowledge and accept that you are solely responsible for checking your Program Account and Certificationsbooks Account regularly to verify that Miles have been properly posted. If you believe that a mileage award has not been properly posted to your Program Account or Certificationsbooks Account, then you must inform us within one year of the qualified transaction for which you are claiming that a mileage award should have been posted and must be able to provide proof of such transaction acceptable to us. We reserve the right, however, to determine, in their sole and absolute discretion, whether a mileage award should have been posted to your Program Account. You acknowledge that any such determination by us will be final and binding.
11. No Responsibility for Participating Merchants You agree that we are not agents of any Participating Merchant and that Participating Merchants operate independently of, and are not under our control with respect to the Program or otherwise. Accordingly, we do not represent or warrant, or give any assurances, that any Participating Merchant will provide Miles for any particular transaction even where such transaction would appear to qualify for such a mileage award under Participating Merchant statements. Further, your participation in offers or promotions of, or correspondence with, any Participating Merchant is solely between you and that Participating Merchant. We do not assume any liability, obligation or responsibility for any part of any such correspondence, offer or promotion, including without limitation the withdrawal or modification of any such offer or promotion. Also, no Participating Merchant assumes any liability, obligation or responsibility for our conduct with respect to the Program.
12. Merchant Rewards (Online Affiliates, Off-Line Stores & Other Companies)
a In the case of certain online Participating Merchants ("Online Affiliates"), the Online Affiliates have agreed to award Miles when Certificationsbooks eShopping℠ Members purchase goods or services from such Online Affiliates through the Site. We reserve the right to change an offer with respect to the amount of the Miles associated with any Online Affiliate at any time, but no such change will affect any Miles earned prior to such change. Purchases from participating Online Affiliates made may not qualify if a separate coupon code or promotion is used. All offers are subject to the offer conditions as described in the Online Affiliate's offer description. Cartera Commerce cannot guarantee that the Miles will post to a Program Account if a Member is redirected to a mobile- or tablet-optimized website by an Online Affiliate. In the case of an Online Affiliate redirecting a Member to another website for the purposes of marketing or to provide a mobile-optimized shopping experience, it is the sole responsibility of the Online Affiliate to retain the elements necessary for the Online Affiliate to identify the Member's transaction as a result of the referral from us and allow for Miles to post to the Member's Program Account.
b In the case of certain off-line Participating Merchants ("Stores"), the Stores have agreed to award Miles when Certificationsbooks eShopping℠ Members purchase goods or services off-line with their registered Citi℠ / Certificationsbooks℠ credit card or any registered credit or debit card.
c Purchases from participating Stores may not qualify if a separate coupon code or promotion is used or if your card is registered in another loyalty program. All offers are subject to the offer conditions as described in the merchant offer description.
d From time to time, certain grocery brands and retailers offer Program coupons which can be printed from the Site and redeemed in stores that accept manufacturers' coupons. When you purchase an item and redeem the corresponding coupon you will receive the face value of the coupon as Miles in your account. You expressly agree not to reprint or copy any Program coupon and to only use said coupons for your own personal use.
We reserve the right to modify any mileage award offer at any time without notice.
13. Returning and Rescinding Miles In our sole discretion, we may deduct Miles from your Program Account in order to make adjustments for returns and cancellations with respect to Qualifying Purchases. In the event that you have redeemed Miles from your Certificationsbooks Account and subsequently reverse the transaction with a Participating Merchant that generated such Miles, or otherwise are required to return the Miles to the Participating Merchant pursuant to the terms of the applicable offer. We reserve the right to rescind Miles and to bar further mileage awards to, or terminate the Certificationsbooks eShopping℠ membership of, any Certificationsbooks eShopping℠ Member that we believe, in our sole discretion, is abusing or has abused the Program, including, without limitation, by engaging in a pattern of returning products after the corresponding mileage award has been credited, or creating or attempting to create or participating in any market in Miles, or engaging in or accepting any broad-based solicitation of Miles.
14. Account Adjustments In the event of any abusive or fraudulent activity related to the Program, as determined by us in our sole discretion, we reserve the right to make any adjustments to your Program Account or Certificationsbooks Account at any time. Any such adjustments, however, will be made in accordance with this Agreement, the Certificationsbooks program rules, the Policies, any applicable laws, rules or regulations, and the terms of any Participating Merchant offers.
Use of Information
15. Use of Information You acknowledge that in order to administer the Program, we will collect information about you and your purchases from Participating Merchants.
As part of the Certificationsbooks eShopping℠ process we will ask for:
a Certificationsbooks℠ Number (required)
b Email Address (required)
c First Name (required)
d Last Name (optional)
e Zip Code (optional)
f Mobile Number (optional)
g Registered Card Type (optional)
h Registered Card Number (optional)
This information is necessary to successfully track and post
Certificationsbooks Miles earned for qualifying purchases in the Program to a member's Certificationsbooks account. The email address may be used for electronic communications to inform you of successful mileage postings. It is your responsibility to ensure that the information you provide to us is accurate and complete each time you shop and will not be false or misleading.
Anti-Spam and Anti-Fishing Policy
Spectramind prohibits the use of the Program in any manner associated with the transmission, distribution or delivery of any unsolicited bulk or unsolicited commercial e-mail ("spam"). Further, the Program may not be used in any manner to facilitate the transmission of unsolicited or unauthorized material, including e-mails, promotional materials, URLs, chain letters, pyramid schemes, or any other form of unauthorized solicitation. Phishing, harvesting, mining, or collecting e-mail addresses or other information from the Program is also strictly prohibited. Spectramind may immediately, in its sole discretion and without notice, take such action as it deems appropriate to block messages from a particular domain, mail server or IP address engaging in spamming and phishing activities. Failure to enforce this policy in every instance does not amount to a waiver of Spectramind's rights.
Reservation of Right to Change the Certificationsbooks Program
16. Awards accrued via the Program are subject to all the rules and conditions of the Spectramind Certificationsbooks program, which can be found at www.Certificationsbooks.com. Any violation of this Agreement or the rules and conditions of the Spectramind Certificationsbooks program can result in cancellation of your Program Account, Certificationsbooks Account and/or forfeiture of pending or prior mileage awards.
a Spectramind may, in its discretion, change the Certificationsbooks program rules, regulations, travel awards and special offers at any time with or without notice. This means that the accumulation of mileage credits does not entitle program members to any vested rights with respect to such mileage credits, awards or program benefits. In accumulating mileage or awards, members may not rely upon the continued availability of any award or award level, and members may not be able to obtain all offered awards or use awards for all destinations or on all flights. Any award may be withdrawn or subject to increased mileage requirements or new restrictions at any time.
b Spectramind may, among other things, (1) withdraw, limit, modify or cancel any award; (2) change program benefits, mileage levels, participant affiliations, conditions of participation, rules for earning, redeeming or forfeiting mileage credits, or rules for the use of travel awards; or (3) add travel embargo dates, limit the number of seats available for award travel (including, but not limited to, allocating no seats on certain flights) or otherwise restrict the continued availability of travel awards or special offers. Spectramind may make any one or more of the changes at any time even though such changes may affect your ability to use the mileage credits or awards that you may have already accumulated.
c Spectramind further reserves the right to end the Certificationsbooks program upon six months notice. Certificationsbooks travel awards, mileage accrual and special offers are subject to government regulations. Unless specified, Certificationsbooks miles earned through this promotion/offer do not count toward elite-status qualification or Million Miler℠ status. Spectramind is not responsible for products or services offered by other participating companies. For complete details about the Certificationsbooks program, visit www.Certificationsbooks.com.
17. Termination; Expiration or Forfeiture of Program Accounts
a This Agreement is effective when accepted by you, as described in the first paragraph of this Agreement, and will remain in effect and legally bind you and us until you or we terminate your membership in the Program. You may terminate your membership in the Program at any time in accordance with the procedures established on the Site from time to time. We may terminate this Agreement without cause immediately after notice to you of such termination.
b Upon any termination of this Agreement, your right to use and access the Program and to receive mileage awards will terminate. Subject to the limitations set forth in this Agreement, termination will not prejudice either your or our remedies at law or in equity.
18. Certain Disclaimers; Indemnification a Disclaimer of Warranties.(i) THE PROGRAM AND SITE ARE PROVIDED ON AN "AS IS" BASIS AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, OR VALIDITY OF ANY MATERIALS RELATED TO THE PROGRAM OR SITE AND DO NOT WARRANT THAT THE FUNCTIONALITY OF SUCH SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT SUCH SERVICE OR THE SERVER(S) THAT MAKE(S) IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. (ii) THE SITE AND THE PROGRAM MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, OR RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENDATIONS OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, NEITHER SPECTRAMIND NOR CARTERA COMMERCE WARRANTS, GUARANTEES OR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS PARTICIPATING MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE SERVICE.
b Exclusion of Certain Damages. We will not be liable for any damages, including indirect or consequential, arising from:(i) any failure to screen users or Certificationsbooks eShopping℠ Members; (ii) acts or omissions of any users or Certificationsbooks eShopping℠ Members;(iii) materials posted by, or of, any party other than Spectramind, Cartera Commerce or any use thereof; (iv) the accuracy, dependability, privacy, security, authenticity or completeness of data transmitted over or obtained using the Internet; or (v) any failure to perform any obligation hereunder, or from any delay in the performance thereof, due to causes beyond its reasonable control, including the elements, acts of God, labor disputes, acts of terrorism, acts of civil or military authority, fires, floods, epidemics, quarantine restrictions, failure or erratic behavior of telecommunications or power system, sabotage, armed hostilities, riots or government regulation of the Internet.
c Indemnification. You agree to indemnify Spectramind, Cartera Commerce, your credit or debit card issuer, and any Participating Merchant, as well as their respective officers, directors, employees, successors, agents, and affiliates, for any and all claims, damages, losses and causes of action (including attorneys' fees and court costs) arising out of or relating to your breach of this Agreement (including without limitation relating to a breach by you of Section 5), or for any materials in any form whatsoever that are provided by you (or through your user ID and/or password). You agree to cooperate as fully as reasonably required in our defense and/or settlement of any claim. We reserve the right, in our reasonable discretion, to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.
19. Limitation of Liability
a NONE OF SPECTRAMIND, CARTERA COMMERCE, YOUR CREDIT OR DEBIT CARD ISSUER, ANY PARTICIPATING MERCHANT OR ANY INVESTMENT PARTNER, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICE, THE INFORMATION CONTAINED ON THE SITE, OR (EXCEPT IN THE CASE OF THE APPLICABLE PARTICIPATING MERCHANT OR SUPPLIER) ANY MERCHANDISE, PRODUCTS OR SERVICES OFFERED BY PARTICIPATING MERCHANTS OR SUPPLIERS IN CONJUNCTION WITH THE SERVICE, EVEN IF ANY SUCH ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
b IN NO EVENT WILL SPECTRAMIND'S OR CARTERA COMMERCE'S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE OR PARTICIPATION IN THE SERVICE, WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE REDEEMABLE VALUE OF MILES IN YOUR PROGRAM ACCOUNT.
20. Electronic and Oral Communications
a Certificationsbooks eShopping℠ Member Instructions. We may rely on your oral and electronic instructions. In addition, you consent to the monitoring and recording of your telephone conversations with us for training or compliance purposes or to provide a record of your instructions. You agree that we will not be liable for honoring oral instructions received from any person claiming to be you, provided normal Certificationsbooks eShopping℠ Member verification procedures have been followed. We may follow any instructions received by electronic means through the Site just as if you had given such instructions in person, regardless of whether or not you have personally initiated such instructions.
b Communications. You consent to the receipt of all reports, transaction confirmations, account statements, correspondence and other information from us electronically through either (i) access to your Program Account on the Site or (ii) the email address you provided to us. We will not be responsible for your inability to connect to the Internet or to access the Site or otherwise not to receive electronic communications. Electronic communications are presumed to be delivered to and received by you when sent by us, whether actually received or not. You acknowledge that you have access to hardware and software meeting the system requirements set forth on the Site necessary to receive from us correspondence and records in electronic form.
a Governing Law. The validity, construction and interpretation of this Agreement, and the rights and duties of the parties hereto, will be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of laws principles. Each party hereto agrees that all claims relating to this Agreement, the Site or the Program will be heard exclusively by a state or federal court in Texas. Accordingly, each party hereby consents to the exclusive jurisdiction of any state or federal court in the State of Texas over any proceeding related to this Agreement, irrevocably waives any objection to the venue of any such court, and irrevocably waives any claim that any such proceeding in such a court has been brought in an inconvenient forum.
b Assignment. You may not assign your rights and obligations under this Agreement, in whole or in part, without our prior written consent, and any such assignment without such consent will be null and void.
c Notices. Any notice by one party hereto to the other will be in writing (which may include email) and either personally delivered, delivered by Internet email, or sent via reputable overnight courier or certified mail, postage prepaid and return receipt requested. Notices will be sent to you at the Internet email address or the mailing address specified on your registration form and to Cartera Commerce at:One Cranberry Hill Suite 203 Lexington, MA 02421 Attn.: Certificationsbooks eShopping℠ Customer Support or any other address of which either party hereto may from time to time notify the other in accordance with this Section 19(c). All notices will be in English and will be deemed effective on the date of personal delivery, upon confirmation of email transmission, upon signed receipt from an overnight courier, or five days after deposit with the U.S. Postal Service.
d No Waiver; Severability. The waiver by either party hereto of a breach or default of any provision of this Agreement by the other party hereto will not be construed as a waiver of any succeeding breach or default of the same or any other provision, nor will any delay or omission on the part of either party hereto to exercise or avail itself of any right, power or privilege that it has, or may have hereunder, operate as a waiver of any right, power or privilege by such party. If any provision of this Agreement is held to be invalid, such invalidity shall not affect the remaining provisions.
e Relief. You acknowledge and accept that any breach of Section 5 above is likely to irreparably harm us and will not be susceptible of cure by monetary damages. Consequently, if you breach any provisions of Section 5 above, then we will be entitled to obtain injunctive or other equitable relief in addition to any remedies it may have at law. We reserve the right to modify this Agreement at any time. Your non-termination and continued membership in Program after notice of any modification of this Agreement will constitute affirmative acceptance by you of such modification and your consent to abide by any terms thereof. You acknowledge that the most recent version of this Agreement will be located on the Site under Certificationsbooks eShopping℠ Member Agreement. No other act, document, usage or custom will be deemed to amend or modify this Agreement.
The design, content and subject of this Site are copyright © 2013 Spectramind , Inc.
“Spectramind ℠, Certificationsbooks℠, and Certificationsbooks eShopping℠ are marks of Spectramind “, Inc. All other referenced trademarks are owned or licensed by the respective parties.