Shopping Cart Terms & Conditions
This Agreement between you and Turner Publishing Company (TPC) explains how you can use our websites and microsites and buy products listed therein. Use of TPC websites is governed by this agreement. By registering as an TPC or Editor’s Exclusives customer, you acknowledge and signify you have read, understand, and agreed to be bound by this agreement.
Turner Publishing Company
TPC operates a number of websites, including but not limited to turnerpublishing.com and editorsexclusives.com, (collectively the “Websites”), which allow registered TPC customers (“Customers”) to browse and/or purchase books and other items.
Only individuals and businesses legally entitled to enter into legally binding and enforceable contracts may register to be a Customer and purchase items through the Websites. Customers must comply with all applicable laws.
All information submitted by Customers through the Websites, including registration information, payment information, and transaction-related information must be true, accurate, current, and complete.
Once you have registered as a Customer, you are referred to as a “Customer,” “You,” “Your,” or “Yourself” for the purposes of this Agreement.
A variety of payment methods (including credit cards) may be used to purchase on our Websites. Passwords must be kept confidential and not disclosed to or shared with any other person. You are solely responsible and liable for any use and misuse of your password and for all activities that occur under your password. You must immediately notify TPC of any unauthorized use of your password, or if you know or suspect your password has become known to any other person. TPC is not under any obligation to verify the actual identity or authority of the user of any password.
If you are dissatisfied with your purchase, you are eligible for a refund within 30 days of the estimated delivery date. You must first obtain a Return Merchandise Authorization (RMA) by emailing firstname.lastname@example.org or by writing to the address provided below. Once you have received an RMA, you must return the book in new condition and in original packaging at your own expense. Request an RMA and/or send the book to:
Turner Publishing Company
4507 Charlotte Ave, Suite 100
Nashville, Tennessee 37209
TPC is not responsible for condition upon arrival, so insurance is recommended.
This policy does not apply if the item did not arrive. In the case of a missing shipment, you may contact us at email@example.com or by mail at the address above. Phone calls requesting an RMA or for a missing shipment will be directed to send an email or letter as described above.
Misprints and Orders
Although TPC strives to provide reliable and current information on the websites, misprints or other errors may occur. TPC reserves the right to change information on the Websites at any time and from time to time without any notice or liability to you or any other person.
Items listed on the Websites are subject to availability, and may not be available when ordered or afterward.
Warranty Disclaimer and Liability Exclusion and Limitation Clauses
The Websites are provided on an as is and as available basis, and without any representations, warranties, or conditions of any kind, whether express or implied, and including without limitation implied conditions, warranties, or representations of merchantability, fitness for a particular purpose, performance, durability, security, availability, or accessibility, all of which are hereby disclaimed by TPC to the fullest extent permitted by law.
Regardless of the nature of the claim or the reasons for the loss and damages, TPC’s liability is limited to foreseeable and typical damages. TPC will not under any circumstances be liable to you for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss, or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Websites by you unless it concerns the loss of life, injury of body, and/or physical health.
In no event will TPC’s total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort, or under any other theory of law or equity, and regardless of any negligence or other fault or wrongdoing by TPC or any person for whom TPC is responsible, exceed the lesser of US$25 or the purchase price of the item that is the subject of the claim.
The exclusion of certain warranties and the exclusion or limitation of certain liabilities is prohibited by law in some jurisdictions. Such limitations may apply to you. The warranty disclaimer and liability exclusion and limitation clauses survive indefinitely after the termination of this agreement.
This Agreement shall be governed in all respects by the laws of the United States of America and the state of Tennessee, without regard to conflict of laws principles. The District Court for the city of Nashville, county of Davidson, state of Tennessee, and the United States District Court for the District of Tennessee shall have sole and exclusive jurisdiction and venue over any dispute arising out of or in connection with this agreement, and the parties hereby submit themselves to the jurisdiction of said courts. NOTWITHSTANDING ANYTHING IN THIS SECTION TO THE CONTRARY, TPC SHALL NOT BE PREVENTED FROM ENFORCING THEIR RESPECTIVE OR COLLECTIVE INTELLECTUAL PROPERTY RIGHTS IN ANY APPROPRIATE JURISDICTION.
Severing this Agreement
You or TPC may terminate this Agreement at any time with immediate effect and without any prior notice. TPC may at any time and in its discretion immediately suspend or terminate (in whole or in part) your permission to use the Websites without any notice or liability to you or any other person.
If this Agreement or your permission to use the Websites is terminated by you or TPC for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Websites and prior purchases of items through the Websites and anything connected with, relating to, or arising from those matters.
Changes to Websites, Policies, and Procedures, and this Agreement
TPC may, in its discretion, change, suspend, or terminate, temporarily or permanently, the Websites or any part of them at any time, for any reason, without any notice or liability to you or any other person.
TPC may, in its discretion, change, supplement, or amend its policies and procedures and this Agreement as they relate to future use of the Websites from time to time and without any notice or liability to you or any other person, by posting revised documents on the Websites. You may not change, supplement, or amend this agreement or any TPC policies or procedures.
Thank you for registering with TPC and your interest in our Websites and products. We look forward to serving you as a valued customer.