August 08, 2019
These Terms govern your access to and use of Librex and the Librex app, as well as all content and Librex LLC products and services available at or though these services (collectively, "Services"). These Terms also govern visitors' access to and use of any websites that use our Services, such as websites hosted on LibrexApp.com. Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Librex Privacy Policy), and procedures that may be published from time to time by Librex (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. Please read the Agreement carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services..

Who's Who

Throughout these Terms, "you" applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. Librex resides in the US and the agreement is subject to US laws.

Your Account

Throughout these Terms, "you" applies to both individuals and entities that access or use our Services. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity. Librex resides in the US and the agreement is subject to US laws.
Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any content that you create. You are responsible for keeping your password secure.
You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, store, or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. When you create a Librex account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don't worry -- if you aren't interested in learning more, you can opt out of the marketing communication, whether it's an email, phone call, or text message.

Minimum Age Requirements

Our Services are not directed to children. Access to and use of our Services is only for those over the age of 17. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 17 years of age or older.

Responsibility of Users

We have not reviewed, and cannot review and do not undertake to review, all of the content posted to our Services by users or anyone else ("Content") and are not responsible for any use or effects of such Content. So, for example:
  • We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
  • If you post Content, comment on a website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.
  • We disclaim any responsibility for any harm resulting from anyone's use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  • Any Content offered for sale through any of our Services is the seller's sole responsibility, and you agree that you will look solely to the seller for any damages that result from your purchase or use of Content.
  • We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
  • Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
We also have not reviewed, and cannot review and do not undertake to review, all of the material, including computer software, made available through the websites and web pages that link to, or are linked from, Librex or our other Services. For example:
  • We do not have any control over those websites and are not responsible for their contents or their use.
  • The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
  • You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
  • We disclaim any responsibility for any harm resulting from non-Librex websites.

General Representation and Warranty

You represent and warrant that your use of our Services:
  • Will be in strict accordance with these Terms;
  • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);
  • Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
  • Will not infringe or misappropriate the intellectual property rights of any third party;
  • Will not overburden Librex's systems, as determined by us in our sole discretion;
  • Will not disclose sensitive personal information of others;
  • Will not be used to send spam or bulk unsolicited messages;
  • Will not interfere with, disrupt, or attack any service or network; and
  • Will not be used to create, distribute, or enable material that is - or that facilitates or operates in conjunction with - malware, spyware, adware, or other malicious programs or code.

Specific Service Term

By using Librex, you represent and warrant that your Content and conduct do not violate the Content Policy. We reserve the right to display advertisements on your posts. We reserve the right to display attribution text or links in your website footer or toolbar, attributing Librex. Some of these attributions may not be altered or removed.

Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with a Librex product or service violates your copyright, please notify us. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor's access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Librex or others. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.

Intellectual Property

The Agreement does not transfer from Librex to you any Librex or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Librex. Librex, the Librex logo, and all other trademarks, service marks, graphics, and logos used in connection with Librex or our Services, are trademarks or registered trademarks of Librex or Librex's licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Librex or third party trademarks.

Changes

We are constantly updating our Services and that means sometimes we have to change the legal terms under which our Services are offered. These Terms may only be modified by a written amendment signed by an authorized executive of Librex, or by the posting by Librex of a revised version. If we make changes that are material, we will change the date of the Terms of Use. If you disagree with our changes, then you should stop using our Services. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your user ID due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any Librex policy or is in any way harmful or objectionable, (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason.
If you wish to terminate the Librex account, you may simply discontinue using our Services,.
All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimer of Warranties

Our Services are provided "as is." Librex and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Librex, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted.

Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of Pennsylvania, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Philadelphia, Pennsylvania, including the United States District Court for the Eastern District of Pennsylvania if federal jurisdiction exists. You consent to personal jurisdiction in these courts by your use of Librex services.

Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules unless the parties separately agree, in writing, to arbitrate before a single arbitrator selected by mutual agreement. The arbitration shall take place in Philadelphia, Pennsylvania, in the English language and the arbitral decision may be enforced in court.

Class Action Waiver

By using this service you also agree to waive your right to a Class Action. Parties must act in their individual capacity. They may not act as a member of a class or as a plaintiff in a class. This also pertains to any collective, representative, multiple plaintiff, or similar proceeding ("Class Action"). All parties expressly waive the right to a Class Action in any capacity. In the case of an arbitration, the arbitrator or arbitrators agree to only award payments to individual parties in an arbitration. The arbitrator or arbitrators waive the right to combine or aggregate claims or to create a Class Action. Only a court may decide that this Class Action Waiver is unenforceable, unconscionable, void, or voidable, not an arbitrator. Claims must be decided individually by an arbitrator or arbitrators. All parties understand and agree to waive their right to litigate in a court or to have a judge or jury decide their case.
In the event that this Class Action waiver is found to be unenforceable, so too will the Arbitration Agreement, if otherwise effective, be null and void as to any Class Action. If for any reason a claim proceeds in court rather than in arbitration, you and Librex each waive any right to a jury trial.

Limitation of Liability

In no event will Librex, or its suppliers or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Librex under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Librex shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnification

You agree to indemnify and hold harmless Librex, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement, Content that you post, and any ecommerce activities conducted through your or another user's website.

US Economic Sanctions

You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.

Translation

These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.

Miscellaneous

The Agreement constitutes the entire agreement between Librex and you concerning the subject matter hereof. If any part of the Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under the Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Librex may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.