Terms & Conditions

Please carefully read these terms and conditions before using these MidAmerica Books World Wide Web pages (“MidAmerica Books Site”). By using MidAmerica Books Site you indicate your agreement to these terms and conditions. Please do not use the MidAmerica Books Site if you do not agree with these terms and conditions.

1. Copyright and Proprietary Rights

MidAmerica Books Site is the property of MidAmerica Books (“MidAmerica Books”) and its licensors and is protected by United States and International Copyright laws. All copyright, trademark and other proprietary rights in the MidAmerica Books Site and in the software, text, graphics, design elements, audio, music and all other materials originated or used by MidAmerica Books at its site (the “MidAmerica Books Information”) are reserved to MidAmerica Books and its licensors.

You may not reproduce, upload, post, transmit, download or distribute any part of the MidAmerica Books Information or information on sites accessible through links on the MidAmerica Books Site (“Other Sites”) other than printing out or downloading portions of the text and images for your own personal, non-commercial use provided that (i) you keep intact all copyright and other proprietary notices, (ii) you make no modifications to the materials, (iii) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from the MidAmerica Books Site and/or Other Sites. You may not modify the MidAmerica Books Site, Other Sites, or any material residing on such sites. You shall observe copyright and other restrictions imposed by Other Sites. You may not use the MidAmerica Books Site or Other Sites in any manner that infringes the rights of any person or entity.

Domain names and trademarks of Other Sites, or contained in information accessed at Other Sites, are the sole property of their respective owners. No affiliation with, endorsement of, or sponsorship by MidAmerica Books should be inferred.

2. Responsibility for Content

MidAmerica Books accepts no responsibility or liability for any material which may reside in or is accessed by the MidAmerica Books Site other than MidAmerica Books Information. MidAmerica Books has no responsibility with respect to Other Sites.

You may not upload, post or transmit any illegal, obscene, offensive, gambling or otherwise inappropriate material to the MidAmerica Books Site.

3. Exclusions Of Warranties

No warranties of any kind are made with respect to the MidAmerica Books Site, MidAmerica Books Information, or Other Sites. MidAmerica Books DOES NOT WARRANT THAT MidAmerica Books SITE WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE, OR WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT MidAmerica Books SITE OR THE SERVERS MAKING MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY EXCLUDE AND DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RELATED TO YOUR USE OF MidAmerica Books SITE, INCLUDING WITHOUT LIMITATION DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT OR OTHERWISE.

4. Links to Other Sites

Links to Other Sites may appear from time to time on the MidAmerica Books Site. These links have been established to offer additional resources on subjects you find of interest on the MidAmerica Books Site. In some instances, such links are a result of cooperative projects with organizations that own, operate or maintain the Other Sites.

MidAmerica Books has no control over content that appears on Other Sites. Such content is subject to change and/or elimination. MidAmerica Books assumes no responsibility for content, including factual errors and continuing availability, appearing on Other Sites.

5. Links to the MidAmerica Books Site

Teachers, schools and educators may establish a link or links to the MidAmerica Books Site, subject to compliance with the following requirements:

• You may not frame or alter the appearance of the MidAmerica Books Site.
  
• You may neither state nor imply that MidAmerica Books endorses, sponsors or otherwise approves your site or any Other Sites.
  
• You must abide by all of the other terms and conditions of use set forth in this document. For example, you may not reproduce or host MidAmerica Books Information on your Website.
  
• You agree not to portray MidAmerica Books or MidAmerica Books Information in any negative or derogatory manner.
  
• Your site may not contain any (i) vulgar, obscene, pornographic or indecent language or images, (ii) material that is untrue, defames, abuses, harasses or threatens others, (iii) statements that are bigoted, hateful, mean spirited, ethnically offensive or racially demeaning, (iv) material violating any person’s right of privacy, (v) material involving or encouraging gambling activities, and (vi) unauthorized copyrighted material.

All other parties desiring to link to the MidAmerica Books Site must contact customerservice@sleepingbearpress.com to request permission.

6. Destructive Devices

It is your responsibility to take precautions to ensure that your computer and/or network is protected from viruses, worms, Trojan horses, or any other devices with destructive intent. In no event will MidAmerica Books be liable for any direct, indirect, incidental, special or consequential damages to you from the use of the MidAmerica Books Site or the Other Sites.

7. Parental/Teacher Direction

Children are encouraged to check with their parents or teachers before visiting Websites. Parents and teachers should closely monitor the online activities of children.

8. Modification of Terms and Conditions

MidAmerica Books reserves the right to change, modify, add, or remove portions of these terms and conditions at any time. Please review these terms and conditions periodically for changes. Your continued use of the MidAmerica Books Site following the posting of changes to these terms and conditions will mean you accept all such changes.

9. Export Controls

You agree that your use of the MidAmerica Books Site will comply with all applicable laws, rules and regulations that govern the export of technical data.

10. Choice Of Law, Jurisdiction and Venue

This MidAmerica Books Site is operated from our offices in the State of Minnesota, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without reference to any conflict of law principles. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state or federal courts located in Minnesota. You further consent and submit to the personal jurisdiction of these courts for the purposes of litigating any such action.

11. Compliance with Laws

MidAmerica Books endeavors to ensure that the MidAmerica Books Site complies with the requirements of United States laws as well as the foreign laws of any country where it is intended for the MidAmerica Books Site to be viewed. In the event that a foreign country’s law may not be fully satisfied, then MidAmerica Books shall be deemed not to be directing the MidAmerica Books Site to that particular country.

12. Indemnification

You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, employees, agents and representatives (collectively, the “Indemnified Parties”) harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees’) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

13. Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or the inability to use, MidAmerica Books site or materials or functions on MidAmerica Books site, even if we have been advised of the possibility of such damages. In the event applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, our total liability to you for all damages, losses, and causes of action (whether in contract, tort [including, but not limited to, negligence], or otherwise) will not exceed the amount paid by you, if any, for accessing MidAmerica Books site.

14. Limitation of Claims

The user must bring any action on any claim against MidAmerica Books within one (1) year following the date the claim first accrued, or it shall be deemed waived.

15. General Provisions

If any of these terms and conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties and may not be modified except in writing signed by both parties.