Extraordinary

terms and conditions

Terms and Conditions for Extraordinary, LLC

Website Terms of Service

Effective Date: June 27th, 2023

Welcome to the Extraordinary LLC website (hereinafter “Extraordinary,” “we” or “us”) at http://www.bookextraordinary.com (including all content under the “bookextraordinary.com” domain name, and referred to herein as the “Website”). We provide the Website subject to your agreement to and compliance with the terms and conditions set forth herein (the “Agreement”). Please carefully read this Agreement that governs your access to and use of the Website and that applies to all users of the Website. If you do not agree and consent to this Agreement, please do not use the Website.

IMPORTANT NOTICES

  1. By using and/or visiting the Website, you represent that you have read, understand, and agree to all the terms and conditions of this Agreement, including our privacy policy published at https://www.bookextraordinary.com/privacy-policy (“Privacy Policy”) and incorporated herein by reference.
  2. We reserve the right to change, modify, add to, or otherwise alter this Agreement at any time, or to change or discontinue any aspect or feature of the Website without notice to you. Such changes, modifications, additions or deletions shall be effective immediately upon their posting on the Website. You agree to review this Agreement periodically to be aware of such revisions. Your use of the Website after we post of such changes, modifications, additions or deletions constitutes your acceptance of such changes, modifications, additions or deletions. 

RESTRICTIONS

  1. You agree that you will not violate any applicable law or regulation in connection with your use of the Website.
  2. You agree that you will not distribute, upload, make available or otherwise publish through the Website any suggestions, information, ideas, comments, causes, promotions, documents, questions, notes, plans, drawings, proposals or similar materials (“Submissions”); or graphics, text, information, links, profiles, personal information, name, likeness, audio, photos, software, music, sounds, video, comments, messages, tags or similar materials (“Content”) that:
  • are unlawful or encourage another to engage in anything unlawful;
  • contain a virus or any other similar malicious software that may damage the operation of our or another’s computers;
  • infringe upon any copyright, patent, trademark, trade secret, right of privacy, right of publicity or other right of any person or entity;
  • are false, inaccurate, fraudulent or misleading; or
  • are libelous, defamatory, obscene, inappropriate, abusing, harassing, threatening or bullying.
  1. You further agree that you will not do any of the following:
  • modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Website;
  • interfere with or disrupt the operation of the Website, including restricting or inhibiting any other person from using the Website by means of hacking or defacing;
  • transmit to or make available in connection with the Website any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
  • attempt to probe, scan or test the vulnerability of the Website or to breach our security or authentication measures;
  • take any action that imposes an unreasonable or disproportionately large load on our infrastructure, as determined in our sole discretion;
  • harvest or collect the email addresses or other contact information of other users of the Website;
  • scrape or collect any content from the Website via automated means;
  • submit or post false, incomplete or misleading information to the Website, or otherwise provide such information to us;
  • register for more than one user account; or
  • impersonate any other person or business.
  1. In addition, although we reserve the right to review, edit or remove any Submissions or Content, we are not required to routinely screen, monitor or review Submissions and Content on the Website. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY SUCH SUBMISSIONS OR CONTENT, AND YOUR RELIANCE ON ANY SUCH INFORMATION IS AT YOUR OWN RISK.
  2. You agree that you are not licensed to access any portion of the Website that we have not made public or accessible to registered users, and you may not attempt to override any security measures in place on the Website.
  3. Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Website shall not be limited to violations of this Restrictions section.

ELIGIBILITY

  1. Some parts or all of the Website may not be available to the general public, and we may impose eligibility rules from time to time. We reserve the right to amend these eligibility requirements at any time. You are not eligible to use the Website if doing so would violate any applicable law or regulation.
  2. You must be over the age of 18 to register an account on the Website. In any case, you affirm that you are over the age of 18, as the Website is not intended for use by children under 18. If you are under 18 years of age, then please do not use the Website without the consent of your parent or guardian. Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet service provider for more information.

CREDENTIALS SECURITY

  1. You understand and agree that in order to use certain functions of the Website, we may ask you to provide us with certain credentials or other login information (“Credentials”). You are under no obligation to provide Credentials to us, however, if you do, you represent and warrant that you are authorized to provide these Credentials and that the Credentials are and will be true and accurate throughout the Term of this Agreement. By providing your Credentials, you agree that we may store and use the Credentials in accordance with our Privacy Policy.
  2. If you are registered with a user account on the Website, you agree to keep your user name and password and/or any other Credentials needed to login to the Website confidential and secure. You are responsible for controlling the access to and use of your account. You understand and agree that we assume that instructions we receive from your account are authoritative, and that we should act upon such instructions. We are not responsible for any unauthorized access to your account or profile or the ramifications of such access, and we are not required to take action to disable any account. You agree that you will not bring any action against us arising out of or related to any claimed unauthorized access using your account Credentials.
  3. Notwithstanding the foregoing, if we believe that there has been an unauthorized access to your account, we may take reasonable actions to disable or lock your account, or otherwise address your situation.
  4. You may not elect to transfer your account to the control and direction of another user.

CONTENT SUBMITTED OR MADE AVAILABLE TO US

  1. You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of your Content or Submissions. Therefore, if you choose to submit any Content or Submissions (including your name, likeness and other personal information) to the Website, you hereby grant to us a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Content or Submissions, including without limitation distributing part or all of the Content or Submissions in any media format through any media channels.
  2. Notwithstanding the foregoing grant, as further identified in the Privacy Policy, personal data that you upload or make available will only be used by us for the purpose of providing the Website to you.
  3. By submitting any Content or Submissions to us you hereby agree, warrant and represent that: (a) the Content and Submissions do not contain proprietary or confidential information, and your provision of the Content and Submissions does not violate any third-party’s rights; (b) all such Submissions and Content are accurate and true, (c) we are not under any confidentiality obligation relating to the Content or Submissions; (d) we may use or disclose the Content or Submissions in any way; and (e) you are not entitled to compensation or attribution from us in exchange for the Submissions or Content.
  4. You acknowledge that we are under no obligation to maintain any Content or Submissions that you submit, post or make available to or on the Website. We reserve the right to withhold, remove and or discard any such materials at any time.

 

LINKS TO THIRD PARTY WEBSITES

For your convenience, the Website contains links to the websites of third parties on which you may be able to obtain information or use services. For example, we may provide links to social media sites (e.g., Twitter). Except as otherwise noted, such third party websites, and such information and services are provided by organizations that are independent of us. We do not make any representations or warranties concerning such websites. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, we cannot censor or edit the content of any third-party site. Therefore, we make no representation as to the accuracy or any other aspect of the information contained in or on such websites, sources or servers. Any linking to or from any such off-site pages or other websites by you is at your own risk. By using the Website, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website, and to read the agreements and privacy policy of each other website that you visit.

OUR INTELLECTUAL PROPERTY

  1. Our graphics, logos, names, designs, page headers, button icons, scripts and service names are our trademarks, trade names and/or trade dress. The “look and feel” of the Website (including color combinations, button shapes, layout, design and all other graphical elements) are protected by U.S. copyright and trademark laws. All product names, services names, trademarks and service marks (“Marks”) are either our property or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by this Agreement.

DISCLAIMERS AND LIMITATION ON LIABILITY

  1. The Website may contain typographical errors or inaccuracies, and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions, and to change or update information at any time without prior notice.

B Although we have the right to review, edit, remove or modify information from or on the Website, we may not screen this material or control the sources of this information, and we do not guarantee the accuracy, suitability, completeness, currency, quality, adequacy or applicability of any such information.

  1. The materials appearing on the Website, including but not limited to summaries, descriptions, publications and any other such materials, are not intended to and DO NOT constitute legal, financial, investment, business or professional advice of any kind.
  2. BY USING THE WEBSITE YOU AGREE AND ACKNOWLEDGE THAT WE PROVIDE THE WEBSITE “AS IS” AND WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, ACCURACY, SUITABILITY, APPLICABILITY, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY OTHER WARRANTIES OF ANY KIND. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY.
  3. USE OF THE WEBSITE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING OR THAT THE WEBSITE IS FREE OF INACCURACIES, VIRUSES OR OTHER HARMFUL COMPONENTS.
  4. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU BASED ON OR RELATED TO THE USE OF THIS WEBSITE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  5. SOME STATES MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.
  6. INDEMNIFICATION

You agree to defend, indemnify and hold harmless us and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; (iv) any claim that any of your Content or Submissions caused damage to a third party; or (v) any conduct, activity or action that is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Website. This defense and indemnification obligation will survive any termination or expiration of this Agreement or your use of the Website.

DISPUTES, GOVERNING LAW AND JURISDICTION

  1. You agree that any claim or dispute arising out of or relating in any way to your use of the Website or any service provided by us, will be resolved solely and exclusively in the Superior Court for the District of Columbia.
  2. Any dispute or alleged claim you may have with respect to your access or use of the Website must be commenced within one (1) year after the occurrence of the events leading to the dispute or alleged claim.
  3. The laws of the District of Columbia shall govern this Agreement. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE.

 

GENERAL

COMPLAINT POLICY FOR INFRINGEMENT OF OTHER RIGHTS

If you believe in good faith that any Materials (as defined above) posted on the Website infringe any of your rights (including any trademark or privacy rights, but not including rights in copyright as addressed in the Copyright Policy, above), or are otherwise unlawful, you agree to send a notice to bookextraordinary@gmail.com, containing the following information:

  • Your name, physical address, e-mail address and phone number;
  • A description of the Materials posted on the Website that you believe violate your rights or are otherwise unlawful, and which parts of said Materials you believe should be remedied or removed;
  • Identification of the location of the Material on the Website;
  • If you believe that the Materials violate your rights, a statement as to the basis of the rights that you claim are violated;
  • If you believe that the Materials are unlawful or violate the rights of others, a statement as to the basis of this belief;
  • A statement under penalty of perjury that you have a good faith belief that use of the Materials in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,
  • Your physical or electronic signature.

If we receive a message from you that complies with all of the above requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to any entity that posted the claimed violative Materials, or any other entity as we deem appropriate.

Copyright © Extraordinary LLC. All rights reserved. The Website is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.

Last Updated: 06/27/23 9:01 AM