Please read these Terms of Use before using our website.

 

Acceptance of the Terms of Use

These terms of use are entered into by you and Klett USA, Inc. (“Klett USA,” “we,” “us,” “our”). The following terms and conditions (these “Terms of Use”), govern your access to and use of www.klett-usa.com, including any content, functionality, and services offered on or through it (“Klett USA Site”). Your registration on, or the use of, the Klett USA Site indicates that you (or your parent or legal guardian on your behalf if you are a minor) have read, agree with, and accept these Terms of Use and our Privacy Policy, found at https://www.klett-usa.com/privacy, incorporated herein by reference. If you do not accept these Terms of Use, please do not use or register for the use of the Klett USA Site. These Terms of Use apply to all users of the Klett USA Site and associated services, including but not limited to users who purchase books or digital products on the Klett USA Site.


These Terms of Use were last updated on May 30, 2018.


Eligibility

Klett USA only provides access to the Klett USA Site to parties that can lawfully enter into and form contracts under the applicable law. If you are under the age of 18, but at least 13 years of age, you may use the Klett USA Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. The Klett USA Site is not intended for children under the age of 13.


Changes to These Terms of Use

Klett USA reserves the right, in its sole discretion, to modify these Terms of Use, in whole or in part, at any time. Changes will be effective when notice is given at the top of this document. Your continued use of the Klett USA Site after any changes are posted will be considered acceptance of those changes. By using the Klett USA Site, you agree that you have reviewed, understood, and accepted these Terms of Use.


Notice of Arbitration Clause and Class Action and Jury Trial Waiver

This agreement includes a binding Arbitration Clause and a Class Action and Jury Trial Waiver that waives your right to sue in court or seek a jury trial for disputes relating to your use of the Klett USA Site. Please read these and all sections carefully. If you do not agree to these terms, do not use the Klett USA Site.


Use of the Klett USA Site and Klett USA’s Intellectual and Other Proprietary Rights

Klett USA permits you to use the Klett USA Site and the content of the Klett USA Site (the “Site Content”) solely for your educational, personal, and non-commercial use. The Site Content, including, but not limited to, text, images, graphics, video, audio, music, Microsoft Word documents, portable data files (“pdf(s)”), Interactive Tablet Versions (“ITVs”), and digital products accessible with a Book Code on the platform of our Partner, Blink Learning (www.blinklearning.com, “Blink Learning”), is protected by national and international copyright, trademark, and other laws.

The Site Content is the property of Klett USA, its suppliers, licensors, and European affiliates, Ernst Klett Sprachen (“EKS”) and Klett Group. Klett USA and its affiliates retain all right, title, and interest in and to the Site Content, including all intellectual property rights.

Unauthorized use of Site Content is strictly prohibited. Site Content is licensed solely for the personal, non-commercial, and educational use by a single user unless otherwise stated in writing by Klett USA. You may not copy, redistribute, alter, modify, publish, transmit, adapt, translate, prepare derivative works from, decompile, reverse engineer (except as expressly permitted by law), disassemble or in any way exploit the Site Content, or create or attempt to create a substitute or similar service or product.

Further, solely in connection with the use of products purchased from Klett USA or an authorized distributor, you may modify certain Site Content, as identified on the Klett USA Site as “Complementary Materials,” “(Free) Downloads,” or “Extras” that are downloadable in unlocked editable electronic form, and display or distribute, in printed form, such modified Site Content to students in the classroom. You will not remove, obscure, or alter Klett USA’s copyright notice, trade names, trademarks, service marks, logos, other distinctive brand features, or other proprietary rights notices affixed to or contained within the Klett USA Site or any Site Content, including Site Content available free for download on www.klett-sprachen.de and www.derdiedaf.com.

Without Klett USA’s express prior written permission, you will not frame any portion of the Klett USA Site or any of the Site Content or any digital product available in Blink Learning. You will not link to the Klett USA Site other than to complete pages hosted as part of the Klett USA Site. You will not distribute any of the Site Content in electronic form without Klett USA’s express prior written permission, and you will not resell, license, assign, share, loan, broadcast, or otherwise transfer any Site Content, Book Code, or your username or password (“Login Credentials”) to or with any other person that is not the intended original first user. You acknowledge that you do not acquire any ownership rights by downloading or modifying Site Content or receiving and using a Book Code in Blink Learning. Any purported resale, license, assignment, or other transfer by you of a Book Code shall be void and without effect.

We reserve the right, for any reason, to suspend or deny your access to all or any portion of the Klett USA Site and your use of Site Content. Further, without limiting the foregoing, we reserve the right to deactivate or otherwise disable or suspend any activated Book Code that we have reason to believe has been resold, licensed, reassigned, shared or otherwise transferred or has been used by more than one person.


Trademarks

Klett USA’s name, trademarks, Klett USA logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Klett USA or its affiliates or licensors. You must not use such marks without the prior written permission of Klett USA. All other names, logos, product and service names, designs, and slogans on the Klett USA Site are the trademarks of their respective owners.


The Klett USA Site Modifications and Your Access Rights

Klett USA reserves the right at any time to modify, suspend, or discontinue the sale and distribution of digital products, or your access to the Klett USA Site, Site Content, and any part thereof. You agree that Klett USA shall not be liable to you or to any third party for any such modification, suspension, or discontinuance. Without limiting the foregoing, You acknowledge and agree that Klett USA may suspend, terminate or cancel your access rights to the Klett USA Site, or any part thereof, with or without notice, for any or no reason, without liability to you or any third party.


User-Submitted Content and User Conduct

Portions of the Klett USA Site may allow users to upload or post content. You shall not upload or post on the Klett USA Site any content that is libelous, defamatory, obscene, threatening, invasive of privacy, harmful to minors in any way, abusive, illegal, harassing, or otherwise objectionable, or that contains expressions of hatred, bigotry, racism, pornography, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law, or that you do not have a right to make available under contractual or fiduciary relationship, or that is used to make commercial solicitations. Uploading or posting any such content may result in the immediate termination of your access to the Klett USA Site and, if appropriate, notification to law enforcement officials. If legal action is pursued, any and all information collected by Klett USA will be turned over to the appropriate law enforcement officials. This means that you, and not Klett USA, are entirely responsible for the content you transmit to the Klett USA Site and to Klett USA’s partner Sites, including Blink Learning.

You shall not upload to, distribute through, or otherwise publish through the Klett USA Site any content that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality of the Klett USA Site or disrupt any software, hardware, telecommunications, networks, servers or other equipment. Uploading, distributing or publishing such content may result in immediate termination of your access to the Klett USA Site and, if appropriate, notification to law enforcement officials.

Klett USA has no obligation to screen information or content posted or submitted by you or other users for use in connection with the Klett USA Site, and content posted by users does not necessarily reflect the views of Klett USA. However, Klett USA shall have the right, in Klett USA’s sole discretion, to refuse to post, remove or edit any content submitted to Klett USA or posted on the Klett USA Site. You agree that Klett USA has no liability or responsibility for the storage, modification or deletion of any content that you or any other person uploads or posts.

You shall not upload, post or otherwise make available on the Klett USA Site any content protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any content is not so protected rests with you. You shall be solely liable for any damage resulting from any claims of infringement of copyrights or other proprietary rights, any claims by third parties regarding Klett USA’s exercise of the foregoing license and any other harm resulting from your submission(s) or Klett USA’s use or posting of such submission(s).


Prohibited Uses and Actions

  1. You may not attempt to gain unauthorized access to, in any manner that could disable, overburden, damage, or impair, any portion or feature of the Klett USA Site, any other systems or networks connected to the Klett USA Site, any Klett USA server or cloud service, or any of the Site Content or services offered on or through the Klett USA Site, by hacking, password “mining” or any other illegitimate means.
  1. You may not probe, scan or test the vulnerability of the Klett USA Site or any network connected to the Klett USA Site, nor breach the security or authentication measures on the Klett USA Site or any network connected to the Klett USA Site.
  1. You may not transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  1. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Klett USA Site, including any account not owned by you, to its source. Klett USA reserves the right to report unauthorized Book Code redemption attempts or unauthorized use of the Klett USA Site and/or Site Content to appropriate school and law enforcement authorities.
  1. You may not exploit the Klett USA Site or any Site Content or services made available or offered by or through the Klett USA Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Klett USA Site.
  1. You agree that you will not take any action that intentionally imposes an unreasonable or disproportionately large load on the infrastructure of the Klett USA Site or Klett USA’s systems or networks, or any systems or networks connected to the Klett USA Site or to Klett USA.
  1. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Klett USA Site or with any other person’s use of the Klett USA Site.
  1. You agree not to attack the Klett USA Site via a denial-of-service attack or a distributed denial-of-service attack.
  1. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Klett USA on or through the Klett USA Site.
  1. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. Portions of the Klett USA Site require you to create Login Credentials.
  1. You may not access the Klett USA Site by using Login Credentials of any other person without that person’s permission.
  1. You may not otherwise attempt to interfere with the proper working of the Klett USA Site.

You acknowledge that your failure to abide by these Terms of Use may subject you to civil and criminal liability.


General Practices Regarding Use

You acknowledge that we may establish general practices and limits concerning use of the Klett USA Site. You agree to comply with all such practices and limits. Site Content and services provided by Klett USA are only available to you if you are domiciled or have your place of business in the United States or Canada. If you are domiciled in a different country, you may not use Klett USA Site. If any material on the Klett USA Site is contrary to the laws of the place where you live, you should discontinue use immediately.


Geographic Restrictions

The owner of the Klett USA Site is based in the state of Illinois in the United States. We provide this Klett USA Site for use only by persons located in the United States. We make no claims that the Klett USA Site or any of its content is accessible or appropriate outside of the United States. Access to the Klett USA Site may not be legal by certain persons or in certain countries. If you access the Klett USA Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.


Your Representations, Warranties, and Conduct

You represent and warrant that:

  1. all of the information provided by you to Klett USA is accurate;
  2. you have all necessary right, power, and authority to agree to these Terms of Use and to perform the acts required of you hereunder;
  3. you have read and agree to abide by these Terms of Use and the Klett USA Privacy Policy; and
  4. you will not use the Klett USA Site for any unlawful purpose or in violation of any law or these Terms of Use or for any purpose not expressly permitted in these Terms of Use.


Password Protection

You are responsible for maintaining the confidentiality of all passwords associated with Klett USA Site, and are fully responsible for all activities that occur using your Login Credentials. You agree to immediately notify Klett USA of any unauthorized use of your Login Credentials or any other breach of security of which you become aware.


Contests and Promotions

Klett USA may conduct contests and promotions from time to time. You agree that if you participate in any contest or promotion, you will abide by all the rules and be subject to all terms and conditions of such contest or promotion, in addition to these Terms of Use.


Indemnity

You agree to indemnify, defend (at Klett USA’s option), and hold Klett USA and its partners, International Book Import Service (“IBIS”) and Blink Learning, its affiliates, EKS and Klett Group, its officers, directors, representatives, agents, partners, and employees (collectively, “Indemnified Person(s)”) harmless from and against any and all claims, liabilities, losses, and expenses (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person, arising out of or related to your content and materials, your use of the Klett USA Site or Site Content, your violation of these Terms of Use, your violation of any third party’s rights including such party’s copyrights and trademarks or your use of any information obtained from the Klett USA Site.


Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Klett USA Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE KLETT USA SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE KLETT USA SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE KLETT USA SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE KLETT USA SITE IS AT YOUR OWN RISK. THE KLETT USA SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE KLETT USA SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE KLETT USA SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE KLETT USA SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE KLETT USA SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE KLETT USA SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE KLETT USA SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, KLETT USA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


Assumption of Risks

Use of the Klett USA Site is at your sole risk. You assume all risks that the Klett USA Site, applications, and related information are suitable for your needs. Use of any applications, digital products, or Site Content obtained through the Klett USA Site is at your own discretion and risk, and you are solely responsible for any damage to your computer or loss of data. You agree that Klett USA shall not be responsible for any loss or damage of any sort relating to your dealings with any third party content provider on the Klett USA Site.


Disclaimer of Damages and Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL KLETT USA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE KLETT USA SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE KLETT USA SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF PRIVACY, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

In no event will Klett USA’s aggregate liability in connection with the Klett USA Site or these Terms of Use exceed the amount that you paid to Klett USA to perform services to you, regardless of the cause of action. These limitations of liability shall apply to the maximum extent permitted by law, notwithstanding any failure of essential purpose of any limited remedy. Some states do not allow the exclusion or limitation of liability for consequential damages, so the above limitation may not apply to you.


Typos

In the event that a product is sold on www.klett-usa.com that is mistakenly listed at an incorrect price, Klett USA and its agents reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. Klett USA 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 has been charged. If your credit card has already been charged, Klett USA or its agents shall issue a credit to your credit card account in the amount of the incorrect price.


Sales, Returns, and Refunds for Digital Products

Digital products that are sold on and downloaded from the Klett USA Site, including but not limited to Book Codes, are intended solely for use by a single User. Digital products are inherently unsuitable for return or refund, and as such, Klett USA reserves the right to refuse any and all requests for returns and refunds. Further, 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 or refunded.


Vendor

All purchases of physical products made on the Klett USA Site are fulfilled by IBIS. By making such a purchase, you agree to share personally identifying information with IBIS to complete the order, including but not limited to, your name, credit card number, billing address, shipping address, and telephone number.


Links to Third Party Websites

Klett USA may, as a convenience, provide links to third-party websites. The inclusion of the link does not imply that Klett USA endorses those third party sites. Third party sites are not under Klett USA’s control and Klett USA is not responsible for any content on any linked site. If you access a third party site from the Klett USA Site, you do so at your own risk.
 

Copyright

If you believe that your copyrighted work is accessible on the Klett USA Site in a way that constitutes copyright infringement, please provide the following information to us, as identified below: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Klett USA to locate the material; (iv) information reasonably sufficient to permit Klett USA to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For copyright inquiries, please contact: info klett-usa.com.

 

Arbitration and Class Action and Jury Trial Waiver

The following terms to which you are consenting consist of a binding arbitration provision and a class action and jury trial waiver.

To the fullest extent permitted by law, by using the Klett USA Site, you agree that if a dispute arises between you and one or more of the Indemnified Parties relating in any way to the Klett USA Site, or your use thereof, including common law or statutory claims, both you and the indemnified parties shall submit to binding arbitration before the American Arbitration Association. Any arbitration commenced between you and the indemnified parties must be arbitrated in Chicago, Illinois. Arbitration must be on an individual basis. This means neither you nor the indemnified parties may join claims in arbitration with or against other users, or litigate in court or arbitrate any claims as a representative or member of a class. You understand that by agreeing to arbitration, you are waiving certain legal rights, including the right to suit in court, the right to have the dispute decided by a judge or jury, and the right to bring, or be part of, a class action case. The foregoing shall not apply to suits or enjoin infringement or other misuse of intellectual property rights, and you or the Indemnified Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Any such suit shall be adjudicated by a state or federal court located in Chicago, Illinois, and you hereby consent to jurisdiction in such courts for such suits.

Rules for the American Arbitration Association are available at: https://www.adr.org.
 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE KLETT USA SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
 

Notice

If you intend to seek arbitration, or otherwise provide notice to Klett USA, all notices required or permitted to be given under these Terms of Use shall be given in writing and delivered via U.S. mail, overnight courier, or email. If you give notice to Klett USA, you must use the following address:

Klett USA, Inc.
RE: Arbitration Notice
4055 W. Peterson Ave, Ste. 201
Chicago, IL 60646

If Klett USA provides notice to you, all notices will be deemed received as follows: (i) if by U.S. mail, seven (7) business days after postmark; (ii) if by overnight courier, on the date receipt is confirmed; (iii) if by email, twenty-four (24) hours or one (1) business day after the message was sent if no message 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.


Information About You and Your Visits to the Klett USA Site

All information we collected on the Klett USA Site is subject to our Privacy Policy, available at https://www.klett-usa.com/privacy. By using the Klett USA Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.


Governing Law and Venue

These Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Illinois, without regard to conflicts of law rules. Any dispute or claim arising out of or in connection with these Terms of Use shall be adjudicated in Chicago, Illinois.


Entire Agreement; Binding Effect

These Terms of Use constitute the entire agreement between you and Klett USA relating to the subject matter hereof and supersede all prior oral and written understandings. These Terms of Use shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors and permitted assigns.


Waiver

No waiver of any provision of these Terms of Use or any breach hereunder shall be deemed a waiver of any other provision or subsequent breach, nor shall any such waiver constitute a continuing waiver.


Severability

If any part of these Terms of Use, or the application thereof to any person or circumstance, is for any reason held invalid or unenforceable, it shall be deemed severable and the validity of the remainder of these Terms of Use or the applications of such provision to other persons or circumstances shall not be affected thereby.


Violations

Please report any violations of these Terms of Use to Klett USA at info klett-usa.com.