Terms of Service
Welcome to the Ernst Klett Sprachen GmbH (“EKS”) web site, which is located at: www.klett-usa.com (the "Web Site"). The following Terms of Service ("TOS") contain the terms that govern your use of the Web Site and the EKS Service (as defined below). These TOS describe your rights and responsibilities and what you can expect from the EKS Service.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE. Use of the Web Site constitutes acceptance of these TOS. If you do not agree to these TOS, please do not use the Web Site.
NOTE: THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION CLAUSE FOR DISPUTES
EKS reserves the right to add, delete and/or modify any of the terms contained in these TOS, at any time and in its sole discretion, by posting a new agreement on the Web Site. If any modification is unacceptable to you, your only recourse is to not use the Web Site and the EKS Service. Your continued use of the Web Site following posting of a new TOS on the Web Site will constitute binding acceptance of the changes.
All orders on the Web Site will be fulfilled by: International Book Import Service, Inc., 161 Main Street, P.O. Box 8188, Lynchburg, TN 37352 USA.
- The EKS Service.
EKS provides a number of e-commerce or other Internet-based services through the Web Site when you visit or shop on the Web Site (all such services, collectively, the "EKS Service").
- Use of the Web Site and EKS Service.
- Eligibility. EKS will only knowingly provide the EKS Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the EKS Service only under the supervision of a parent or legal guardian who agrees to be bound by these TOS. The EKS Service is not intended for children under the age of 13.
- Compliance with these TOS and Applicable Law. You must comply with all of the terms and conditions of these TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the EKS Service and the Web Site.
- Your License to Use the Web Site and the EKS Service.
- As between the parties, all right, title and interest in and to the Web Site and the EKS Service are the property of and owned by EKS. For example and without limitation, EKS and its licensors own all trademarks, logos, service marks and trade names used in the Web Site, the copyrights in and to the Web Site, and certain technology used in providing the EKS Service. You will not acquire any right, title or interest therein under these TOS, by using the Web Site, by downloading, printing or using the Web Site’s free content, or otherwise.
- EKS grants you a limited revocable license to access and use the Web Site and the EKS Service for its intended purposes, subject to your compliance with these TOS. This license does not include the right to collect or use information contained on the Web Site for purposes prohibited by EKS; to compete with EKS; create derivative works based on the content of the Web Site; or download or copy the Web Site (other than page caching or to electronically copy and print hard copy portions of the Web Site for the sole purpose of placing an order with EKS represented by International Book Import Service, Inc). You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Web Site solely for your own non-commercial use, or to place an order with International Book Import Service, Inc. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Web Site is strictly prohibited, unless authorized by EKS. You further agree not to change or delete any proprietary notices from materials downloaded from the site. If you use the Web Site in a manner that exceeds the scope of this license or breach this TOS, EKS may revoke the license granted to you, AND PURSUE ANY OTHER LEGAL COURSE OF ACTION PERMITTED UNDER APPLICABLE STATE OR FEDERAL LAW.
- Typographical Errors. In the event that a product sold on the Web Site is mistakenly listed at an incorrect price, EKS and its agents reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. EKS and its agents reserve the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, EKS or its agent shall issue a credit to your credit card account in the amount of the incorrect price.
- General Rules.
- Prohibited Uses. You may only use the EKS Service as expressly permitted by EKS. You may not cause harm to the Web Site or the EKS Service. Specifically, but not by way of limitation, you may not: (i) engage in harassment in any manner or form on the Web Site, including via e-mail, chat, or by use of obscene or abusive language; (ii) impersonate others, including EKS or other licensed employee, host, or representative, as well as other members or visitors on the Web Site; (iii) interfere with the EKS Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (iv) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the EKS Service; (v) use a robot, spider or other device or process to monitor the activity on or scrape or copy pages from the Web Site, except in the operation or use of an internet "search engine", hit counters or similar technology; (vi) collect or harvest electronic mail addresses or other information from third parties by using the EKS Service; (vii) impersonate another person or entity; (viii) use any meta tags, search terms, key terms, or the like that contain EKS’s name or trademarks; (ix) engage in any activity that interferes with another user's ability to use or enjoy the EKS Service; or (x) assist or encourage any third party in engaging in any activity prohibited by these TOS (subsections (i) through (x) collectively, the “Prohibited Uses“).
- Prohibited Use Promise. By using the Web Site, you are promising that you are not using the EKS Service or the Web Site for any of the Prohibited Uses.
- If any material on this site is contrary to the laws of the place where you are when you access it, this site is not intended for you.
- Special Provisions for Digital Products
- EKS may also offer on the Web Site digital products such as: (1) interactive exercises that are purchased via the Web Site and downloaded through Blink Learning at: https://www.blinklearning.com/LMS/index.php?bd=main&skin=; (2) textbooks and and workbooks that are downloaded via the Web Site but require you to download the Keen application available at: www.klett-usa.com/digital; (3) textbooks and workbooks that can be downloaded via the Web Site in PDF format; and (4) “Google Books”. The following special provisions apply to such products and supersede the remaining provisions of these TOS with respect to such products.
- The contents of the “Google Books“ offering are intended for demonstration purposes only unless otherwise expressly specified. No permanent storage (i.e. other than storage in RAM), reproduction, distribution or public or scholastic presentation of such content is permitted.
- Content made available via online links / codes serves exclusively to complement certain other products of EKS is subject to the same restrictions concerning use and distribution as such complementary products. Use of such content is only permitted in connection with the product which the content of the online-link / code is a complement to or which has been specified as such by the publisher. Online-links /codes of EKS may not be referred or linked to directly from online or offline media not published by EKS.
Electronic services will only be performed if you are domiciled or (for businesses) have your place of business in the United States or Canada. If you are domiciled or located in other countries, please contact us at: E-mail: service klett-usa.com
- You further undertake not to distribute, transmit, transfer, sell, broadcast, lease, share, loan, change, amend, revise, license or otherwise transfer or use the digital products except as expressly permitted by EKS.
- The terms and conditions of subscriptions for online-products is governed by the respective product descriptions which are displayed to you when ordering the product.
- Cancellation rights do not apply for orders of products which are unsuitable for return due to their nature (e.g. downloads after the download procedure has begun). Until the download has been initiated for a digital product or until an online product or service is first accessed or activated, you may withdraw an order for such digital products or service. In addition, if any bundled products contain both print and digital products, the bundled product as a whole is considered a digital product and may not be returned once the download of any digital product component therein has begun.
- EKS does not make any warranty and disclaims all liability regarding the availability of online products and services. Restrictions to availability may result from technical difficulties. Disruptions of internet access or data traffic over the Internet which occur due to force majeure or other events not under EKS’ control and which impede its ability to provide the online products or services shall not result in any claims for damages for lack of availability.
- EKS requests that you download the products and prepare a security copy without undue delay after purchase. EKS reserves the right to change, modify, alter or discontinue the digital products at any time without notice, and will incur no liability for doing so. The risk of loss after purchase as well as for loss of digital content, including due to computer or hard drive failures shall be borne by you. EKS does not provide any compensation for any damages you may incur in connection with the transmission, storage and use of digital content of any kind.
- Modification of the EKS Service. EKS may modify the EKS Service at any time with or without notice to you, and will incur no liability for doing so.
- Submissions. When you submit questions, comments, suggestions, ideas, communications or any other information ("Submissions"), you grant EKS permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that EKS will have no obligation to keep any Submissions confidential. You will not bring a claim against EKS based on "moral rights" or the like arising from EKS’s use of a Submission.
- Warranty Disclaimer. EKS PROVIDES THE EKS SERVICE, THE WEB SITE AND THE MATERIALS AND PRODUCTS ON THE WEB SITE ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. EKS DOES NOT REPRESENT OR WARRANT THAT THE EKS SERVICE, THE WEB SITE OR ITS USE WILL BE UNINTERRUPTED OR ERROR-FREE, WILL MEET YOUR REQUIREMENTS, OR WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES THE WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EKS DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE MATERIALS OR PRODUCTS MADE AVAILABLE ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. EKS MAKES NO GUARANTEES OF WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF RESULTS. EKS MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EKS HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability
- EKS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA OR LOSS OF GOODWILL, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF EKS SERVICE, THE WEB SITE OR ANY MATERIALS OR PRODUCTS MADE AVAILABLE THROUGH THE WEB SITE, BASED ON ANY CAUSE OF ACTION, EVEN IF EKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- IN NO EVENT WILL THE LIABILITY OF EKS EXCEED THE VALUE OF MATERIALS OR PRODUCTS PURCHASED FROM EKS VIA THE WEB SITE. THE VALUE OF MATERIALS OR PRODUCTS ARE LIMITED TO THE STATED VALUE ON THE WEB SITE OR AS STATED BY AN AUTHORIZED EKS AGENT.
- Indemnification. You agree to indemnify, defend, and hold harmless EKS and its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against any and all losses, liabilities, damages, costs and expense (including reasonable attorneys' fees) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Service Providers alleging that you or any other person accessing the Web Site using your account have breached any of these TOS through any act or omission. If you have to indemnify EKS under this Section, EKS will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without EKS’s express written permission.
- Termination. EKS may suspend or terminate your use of the Web Site or EKS Service if it believes, in its sole and absolute discretion, that you have breached a term of these TOS.
- Survival. Notwithstanding Section 10(a) above, these TOS will survive indefinitely unless and until EKS chooses to terminate them.
- Effect of Termination. If you or EKS terminates your use of the Web Site or the EKS Service, EKS may delete any information relating to your use of the EKS Service on EKS’s servers or otherwise in its possession and EKS will have no liability to you or any third party for doing so.
- Notice. All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to EKS, you must use the following addresses: Klett-USA, 400 Ashland Avenue, River Forest, IL 60305 . If EKS provides notice to you, EKS will use the contact information provided by you to EKS. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch; (ii) if by overnight courier, on the date receipt is confirmed by such courier service; or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
This section includes an agreement to arbitrate most claims and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE EKS SERVICE, OR TO ANY MATERIALS OR PRODUCT SOLD OR DISTRIBUTED BY EKS OR THROUGH THE WEB SITE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THE FEDERAL ARBITRATION ACT, 9 U.S.C. §§1 ET. SEQ. (“FAA”) AND FEDERAL ARBITRATION LAW APPLY TO THESE TOS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES), AND MUST FOLLOW THE TERMS OF THESE TERMS AS A COURT WOULD.
If you intend to seek arbitration you must first send written notice to EKS‘s legal department of your intent to arbitrate (“Notice”). The Notice to EKS should be sent by U.S. Postal Service certified mail to Klett-USA, 400 Ashland Avenue, River Forest, IL 60305. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If you are an individual, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. If you are not an individual or have used the EKS Service on behalf of an entity, the AAA’s Supplementary Procedures for Consumer-Related Disputes will not be used. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
If you are an individual and have not accessed the EKS Service on behalf of an entity, EKS will reimburse those fees for claims totaling less than $10,000, unless the arbitrator determines the claims are frivolous, and EKS will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous, in each case as measured by the standards set forth in Federal Rule of Civil Procedure 11(b).
WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration we EACH WAIVE ANY RIGHT TO A JURY TRIAL. We also both agree that you or we may bring suit in court for injunctive relief, including to enjoin infringement or other misuse of intellectual property rights.
- Miscellaneous. These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Illinois without reference to conflict of law principles. These TOS will not be assignable or transferable by you without the prior written consent of EKS. These TOS (including all of the policies and other agreements described in this TOS, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and EKS are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these TOS. The invalidity or unenforceability of any provision of these TOS will not affect the validity or enforceability of any other provision of these TOS, all of which will remain in full force and effect. Unless stated otherwise, all remedies provided for in these TOS shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.