Welcome, and thank you for your interest in LibraMind, and our website www.libramind.ai owned and operated by Global Books LLC. (DBA LibraMind).
These Terms of Use constitute a legally binding agreement between you and LibraMind. Please read these Terms of Use, the terms and conditions posted through any LibraMind device or application, or any additional terms and conditions, policies and guidelines posted on any other website, application, or services provided by LibraMind (collectively, the "LibraMind Services") carefully before using the LibraMind Services.
The terms and conditions stated below, along with the policies and guidelines located throughout the LibraMind Services (collectively herein the "Terms of Use") identify what a user of the LibraMind Services ("you" or "your" or "User" or "Users") can expect from LibraMind, its parent, subsidiaries, and affiliates (together referred to herein as "LibraMind", "we", "us" or "our"), and/or persons who provide products or services to LibraMind customers either directly or through the LibraMind Services ("LibraMind Providers") and what LibraMind in turn expects from Users. By visiting any LibraMind Service, creating an account, subscribing to the platform, downloading a LibraMind application, joining any LibraMind online interactive community, posting a review or creating a profile, or otherwise joining, viewing, visiting or contributing to LibraMind user forums, blogs, or interactive features, you agree that you have read, understood, and agree to be bound by the Terms of Use. If you do not agree to be bound by these Terms of Use and to follow all applicable laws, you should leave the LibraMind Site or any other LibraMind Service immediately.
If you are under the age of 18, you must get your parent or legal guardian to read and accept this Agreement. By using the LibraMind Services, your parent or legal guardian agrees to these Terms of Use, and they are responsible for your use and any issues or claims related to your use of the LibraMind Services. Your profile and Account may be terminated and deleted without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
1. Licenses and Restrictions
1.1 Licenses
LibraMind grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with LibraMind documented in a separate agreement) of the LibraMind Services, its Content (as that term is defined in Section 3 below). Additional terms and conditions apply to User Created Content, as that term is defined in Section 11 below. LibraMind further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the LibraMind website so long as the link does not portray LibraMind, its subsidiaries, and affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive manner.
1.2 Restrictions
The licenses in Section 1.1 do not include any rights to:
- (a) modify, download (other than page caching), reproduce, copy, or resell the LibraMind Services, the Content or any portion or derivative thereof;
- (b) commercially use the LibraMind Services, the Content or any portion or derivative thereof (unless User has a business relationship with LibraMind, in which case such commercial use will be governed by the terms applicable to such business relationship);
- (c) copy or download any User's account or profile information for the benefit of any third party;
- (d) enable high volume, automated, electronic processes that apply to the LibraMind Services or its systems, the Content or any portion or derivative thereof;
- (e) use any robot, spider, data miner, crawler, scraper or other automated means to access or index the LibraMind Services or its systems, the Content or any portion or derivative thereof for any purpose;
- (f) interfere or attempt to interfere with the proper working of the LibraMind Services;
- (g) bypass any measures used by LibraMind to prevent or restrict access to any portion of the LibraMind Services, the Content or any portion or derivative thereof;
- (h) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LibraMind;
- (i) use LibraMind's name, trademarks, service marks or logos in any meta tags or any other "hidden text"; or
- (j) compile, repackage, disseminate or otherwise use data extracted from the LibraMind Services.
The foregoing are expressly prohibited and the right to do any of the foregoing shall require LibraMind's express written consent (which may include a written agreement signed by an authorized representative of LibraMind). Any unauthorized use of the LibraMind Services, the Content or any portion or derivative thereof shall terminate any license or permission granted by LibraMind.
2. Trademarks
LibraMind, or its parent, subsidiaries, or affiliates, or third parties from whom LibraMind has permission, own the trademarks or service marks that are used on the LibraMind Services. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of LibraMind and its licensors may not be used without prior written consent of LibraMind or its licensor, as the case may be. Without limiting the foregoing, no LibraMind trademark or trade dress may be used in connection with any product or service that is not LibraMind's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits LibraMind.
3. Content
3.1 Proprietary Rights
User acknowledges that the LibraMind Services contain certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) ("Content"), that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the U.S. copyright laws, and LibraMind owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the LibraMind Services. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right. In addition to the foregoing, use of any software Content shall be governed by these terms and any software license agreement accompanying such software.
3.2 Third-Party Content
LibraMind is a distributor and not a publisher of Content supplied by third parties and Users. LibraMind has no editorial control over such Content. LibraMind is not obligated to review Content, including User Created Content, as that term is defined in Section 11 below. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content, including User Created Content, expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of LibraMind or any LibraMind Provider, unless expressly stated otherwise. Neither LibraMind nor any LibraMind Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third-party Content unless otherwise expressly stated. In many instances, the Content, including User Created Content, available through the LibraMind Services represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either LibraMind or any LibraMind Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through LibraMind Services. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content, including User Created Content, available through LibraMind Services.
3.3 Bibliographic Data and Book Images
Book cover images, bibliographic data, and descriptions displayed on LibraMind may be provided by third-party distributors such as Ingram Content Group and other publisher data partners. LibraMind uses such materials under license and does not claim ownership. These images and descriptions are protected by copyright and intellectual property laws, and may not be reproduced, copied, or otherwise used without the prior written consent of the respective rights holders.
4. Subscriptions and Fees
4.1 Subscription Fees
Access to the LibraMind platform is provided on a subscription basis, subject to the pricing, term, and feature set agreed upon in your order form, written agreement, or as posted on the LibraMind Services. Fees may differ between editions, regions, library types, and contract terms. On rare occasions, a price may be displayed incorrectly on the LibraMind Services. If the price for a subscription or feature on the LibraMind Services is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of LibraMind, LibraMind may either (a) contact the User for instructions before activating the subscription or charging the User; (b) cancel the order and notify the User of such cancellation; or (c) honor the incorrect price to the benefit of the User.
4.2 Billing
Unless otherwise agreed in a separate written agreement, subscription fees are billed in advance for the term of the subscription and are non-refundable except where required by law or as expressly stated in your order form. Renewals will be at then-current pricing unless otherwise agreed in writing.
4.3 Errors, Inaccuracies, and Omissions
Occasionally, there may be information on our site or within the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to change or update information, or cancel orders if any information within the Services is inaccurate, at any time and without prior notice (including after you have submitted your order).
5. Service Availability
LibraMind will use commercially reasonable efforts to make the LibraMind Services available 24 hours a day, 7 days a week, subject to scheduled maintenance, emergency maintenance, and circumstances beyond our reasonable control. We do not warrant that the Services will be uninterrupted, error-free, or completely secure. Service-level commitments, if any, are set forth in your written agreement with LibraMind.
6. Service Description
The features and services offered through the LibraMind Services contain descriptions that are provided by LibraMind, its publisher data partners, or third-party distributors. LibraMind does not represent or warrant that all such descriptions are complete, current, or error-free. IF A USER SUBSCRIBES TO A LIBRAMIND SERVICE THAT IS MATERIALLY NOT AS DESCRIBED ON THE LIBRAMIND SERVICES, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO CANCEL THE SUBSCRIPTION AND REQUEST A PRO-RATA REFUND OF FEES PAID FOR THE UNUSED PORTION OF THE THEN-CURRENT TERM, SUBJECT TO ANY ADDITIONAL TERMS IN A WRITTEN AGREEMENT.
When you place an order or sign up for the LibraMind Services, you are making an offer to subscribe. We reserve the right to accept, modify, or decline any order at our discretion. Your subscription is not considered active until we provide explicit confirmation. In the event of cancellation or modification, we will make reasonable efforts to notify you using the contact information you provided.
7. Age of Users
Our products and services are marketed for and directed towards purchase by libraries, institutions, and adult professionals, or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use LibraMind websites without the supervision of a parent, legal guardian, or authorized educator. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 16 or knowingly allow such people to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 16 has provided any personal information to or on any of the LibraMind websites, we will remove that information as soon as possible.
8. Termination of Usage
8.1 Termination Rights
LibraMind may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the LibraMind Services including any account thereon, without notice, for any reason in LibraMind's sole discretion, including, without limitation, violation of the Terms of Use, LibraMind's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, LibraMind, any LibraMind Provider or another User.
8.2 Restricted Users
In certain cases, in LibraMind's sole discretion, LibraMind may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the LibraMind Services has been terminated, including the right to use, access or create any account thereon; (ii) that LibraMind refuses to provide any services to such Restricted User; and (iii) any subsequent orders placed by a Restricted User will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
9. Indemnity
User agrees to indemnify, defend and hold LibraMind (and its affiliates, employees, contractors, agents, suppliers and partners) and each LibraMind Provider harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including reasonable attorneys' fees, brought by any third party due to or arising out of (i) such User's use of the LibraMind Services, (ii) any alleged breach or violation of the Terms of Use, or (iii) such User's violation of any law or the rights of a third party. LibraMind reserves the right, at User's expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify LibraMind, and User agrees to cooperate with LibraMind's defense of such matter. This defense and indemnification obligation is intended to fully extend as permitted by law and will survive the Terms of Use and your use of the LibraMind Services.
10. Password and Account Security
10.1 Account Password
Every User that has an account for the LibraMind Services is responsible for (i) keeping his or her account password confidential and secured; (ii) avoiding unauthorized access to such User's computer or other devices; and (iii) keeping the contact information associated with that account current. User acknowledges that it is necessary to keep the e-mail address associated with his or her account current because although the User may be able to log into his or her LibraMind account using an old e-mail address, such User will not receive messages from LibraMind about his or her subscription, inquiries, or other matters.
10.2 Account Security
User accepts full responsibility for all activities that occur within such User's LibraMind account or within the LibraMind Services interactive community, whether or not authorized by the User.
11. Interactive Community
11.1 Interactive Community Users
The LibraMind Services offer numerous opportunities for interactive activities, which enable Users to communicate with each other directly, or which enable Users to post information and other material that will be visible to other Users of those services ("Interactive Community"). This Section 11 applies to the activities of persons who are using the interactive features within the LibraMind Services ("Interactive Community Users"). The scope of these features may change from time to time, with or without notice. You are using Interactive Community features if you post a review or blog entry, create a list, create a profile, submit any other User Created Content, or otherwise participate in any interactive feature.
11.2 Interactive Community Services
Interactive Community features may be used only for lawful purposes in accordance with these Terms of Use. If you are using any LibraMind Services Interactive Community features, and post, publish or communicate any information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on or through the Interactive Community features, please choose carefully the information that you post and/or provide to other Users ("User Created Content"). User is prohibited from posting on or transmitting through the LibraMind Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. LibraMind reserves the right, in its sole discretion, to reject, refuse to post or remove any posting or other User Created Content (including private messages) by you, or to deny, restrict, suspend, or terminate access to all or any part of the Interactive Community features at any time, for any or no reason, with or without prior notice or explanation, and without liability.
11.3 Right to Remove Profile or Terminate Access
LibraMind reserves the right, in its sole discretion, to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Interactive Community features for any reason.
11.4 Misuse of Interactive Community Services
If you become aware of misuse of the Interactive Community features, including any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable law, please activate the "Flag" feature on the page in question or report it to support@libramind.ai.
11.5 User Created Content
(a) Notwithstanding the foregoing, LibraMind assumes no responsibility for ongoing monitoring of the LibraMind Services or for removal or editing of any User Created Content, even after receiving notice. LibraMind assumes no liability for any action or inaction with respect to conduct, communication, or User Created Content within the Interactive Community. You are responsible for your interactions with other Users.
(b) You may not post User Created Content that: involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"; contains restricted or password-only access pages or hidden pages or images; solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; involves commercial activities and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes; includes a photograph or video of another person that you have posted without that person's consent; circumvents or modifies, or attempts to circumvent or modify, or encourages or assists any other person in circumventing or modifying, any security technology or software that is part of the LibraMind Services; involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network; covers or obscures the banner advertisements on your personal profile page; involves any automated use of the LibraMind Services, such as, but not limited to, using scripts to add friends or send comments or messages; interferes with, disrupts, or creates an undue burden on the LibraMind Services or the networks or services connected to the Interactive Community services; impersonates or attempts to impersonate another Interactive Community User, person or entity; uses the account, username, or password of another Interactive Community User at any time or discloses your password to any third party or permits any third party to access your account; sells or otherwise transfers your profile; or uses any information obtained from the LibraMind Services in order to harass, abuse, or harm another person or entity, or attempting to do the same.
(c) Interactive Community Users may upload or otherwise submit to LibraMind for distribution on the LibraMind Services only (i) User Created Content that is not subject to any copyright or other proprietary rights restrictions; or (ii) User Created Content in which the owner or licensor has given express authorization for LibraMind to distribute over the Internet. You may not upload, embed, post, e-mail, transmit, or otherwise make available any material that infringes any copyright, patent, trademark, trade secret, or other proprietary rights of any person or entity. Any copyrighted or other proprietary User Created Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." LibraMind is entitled to presume that all User Created Content conforms to the foregoing requirements. The unauthorized submission of copyrighted or other proprietary User Created Content is illegal and could subject the User to personal liability for damages in a civil suit as well as criminal prosecution. Interactive Community Users assume all liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of User Created Content. LibraMind assumes no liability for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from any User Created Content.
(d) By submitting User Created Content within the Interactive Community, Interactive Community Users automatically grant, or represent and warrant that the owner or authorized licensor of such User Created Content has expressly granted, LibraMind the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, publish, translate, sublicense, copy, modify, delete, enhance, and distribute the User Created Content in whole or in part worldwide and/or to incorporate such User Created Content in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such User Created Content. Subject to this grant, the licensor of User Created Content submitted to LibraMind retains any and all rights which may exist in such User Created Content.
(e) Feedback. If you submit, upload, post, or transmit any ideas, suggestions, reviews, proposals, or other content (collectively, "Feedback"), you grant LibraMind a worldwide, perpetual, sublicensable, royalty-free, and non-exclusive license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for commercial or other purposes. You represent that you own or have all necessary rights to the content you submit and that it does not infringe the rights of any third party. LibraMind is under no obligation to: (1) maintain Feedback in confidence; (2) provide any compensation for Feedback; or (3) respond to Feedback.
11.6 Acceptable Use
You agree to use the Services only for lawful purposes. The following uses are strictly prohibited:
- Violating any applicable laws or regulations.
- Infringing intellectual property rights.
- Harassing, abusing, defaming, intimidating, or discriminating against others.
- Transmitting false or misleading information.
- Uploading or distributing viruses, malware, or malicious code.
- Sending spam, junk mail, or unauthorized solicitations.
- Collecting personal information of other users without their consent.
- Interfering with or attempting to circumvent the security features of the Services.
We reserve the right to suspend or terminate your account if we determine that you have violated these provisions.
12. Notices
User consents to electronic communications with LibraMind, whether addressed to the e-mail address associated with such User's LibraMind account or posted on the LibraMind Services. User acknowledges and agrees that any communication via e-mail or by postings on the LibraMind Services satisfies any legal requirement that such communications be made in writing.
13. Disclaimers and Limitation of Liability
13.1 Disclaimer of Warranties
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE LIBRAMIND SERVICES AND ANY LIBRAMIND ACCOUNT ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE LIBRAMIND SERVICES OR ANY LIBRAMIND ACCOUNT IS AT YOUR SOLE RISK. NEITHER WE NOR OUR SUPPLIERS, AFFILIATES OR LICENSORS (AS APPLICABLE) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE LIBRAMIND SERVICES, ANY LIBRAMIND ACCOUNT OR THEIR USE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT AND NON-INFRINGEMENT OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.
(b) LIBRAMIND IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY USER CREATED CONTENT POSTED ON THE LIBRAMIND SERVICES OR THROUGH THE LIBRAMIND SERVICES. USER CREATED CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF LIBRAMIND. PROFILES AND THIRD-PARTY APPLICATIONS CREATED AND POSTED BY USERS ON THE LIBRAMIND SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES. LIBRAMIND IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED OR CHECKED FOR ACCURACY OR COMPLETENESS BY LIBRAMIND. INCLUSION OF ANY LINKED WEBSITE ON THE LIBRAMIND SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY LIBRAMIND. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. LIBRAMIND IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE LIBRAMIND SERVICES.
(c) WE TAKE NO RESPONSIBILITY FOR THIRD-PARTY ADVERTISEMENTS OR THIRD-PARTY APPLICATIONS THAT ARE POSTED ON OR THROUGH OR MADE AVAILABLE ON THE LIBRAMIND SERVICES, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT TAKE ANY RESPONSIBILITY FOR ANY GOODS OR SERVICES PROVIDED BY THIRD-PARTY ADVERTISERS ON THE LIBRAMIND SERVICES.
13.2 Limitation of Liability
(a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST REVENUE, LOST OR CORRUPTED DATA, OR DAMAGE TO REPUTATION OR GOODWILL OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR LOSSES ARISING FROM, RELATING TO OR CONNECTED WITH YOUR USE OF (OR INABILITY TO USE) THE LIBRAMIND SERVICES OR ANY LIBRAMIND ACCOUNT REGARDLESS OF THE CAUSE OF ACTION ON WHICH THE CLAIM IS BASED (INCLUDING NEGLIGENCE, TORT, CONTRACT, STRICT LIABILITY, PRODUCT DEFECT OR MISREPRESENTATION), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) THE ABOVE EXCLUSIONS OF LIABILITY ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, LIBRAMIND SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF THE LIBRAMIND SERVICES OR THE MATERIALS ON THE LIBRAMIND SERVICES UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS OR OMISSIONS.
(c) LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATED TO THE LIBRAMIND SERVICES OR YOUR LIBRAMIND ACCOUNT EXCEED THE GREATER OF (I) US$100 IN TOTAL OR (II) THE FEES PAID BY YOU TO LIBRAMIND IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
14. Severability
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of LibraMind to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
15. Applicable Law
The LibraMind Services are created and controlled by LibraMind in the State of Delaware. The laws of the State of Delaware will govern the Terms of Use, without giving effect to any principles of conflicts of laws.
16. Dispute Resolution
16.1 Claims Subject to this Section
This Section 16 applies to all Claims between you and LibraMind. A "Claim" is any dispute, claim, cause of action, or controversy (excluding those exceptions listed below) between you and LibraMind, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory and, as permitted by law, for which either party wishes to seek legal recourse and that arises from or relates to the LibraMind Services; a LibraMind account; the use of your information by or for LibraMind; or Claims related to the validity, enforceability, or scope of these Terms or any portion of them.
16.2 Required Informal Dispute Resolution
Except as permitted under Section 16.4, if you have a Claim against LibraMind or if LibraMind has a Claim against you, you and LibraMind must first attempt to resolve the Claim informally before either party may bring the Claim in arbitration. You and LibraMind will make a good-faith effort to negotiate for 60 days the resolution of any Claim or for a longer period as mutually agreed in writing (email suffices) by you and LibraMind ("Informal Resolution Period") from the day you or LibraMind receive a written notice of a Claim from the other party (a "Claimant Notice") in accordance with this Section 16.2.
You will send any Claimant Notice to LibraMind by email to legal@libramind.ai. LibraMind will send any Claimant Notice to you by certified mail or email using the contact information you have provided to LibraMind, including the email address associated with your LibraMind account. The Claimant Notice sent by either party must (i) include the sender's name, address, email address, telephone number, and any relevant account or purchase information; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief requested.
You or LibraMind cannot file a Claim in arbitration (or court in accordance with Section 16.4) before the end of the Informal Resolution Period. The statute of limitations and any filing-fee deadlines for a Claim will be tolled for the duration of the Informal Resolution Period for that Claim.
16.4 Claims Subject to Binding Arbitration; Exceptions
Except for Claims (i) exclusively related to the intellectual-property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) of you or LibraMind ("IP Claims"), including any disputes in which you or LibraMind seek injunctive or other equitable relief for the alleged unlawful use or infringement of intellectual property; or (ii) that are properly asserted in small-claims court (provided that the small-claims court does not permit class or similar representative actions or relief), all Claims, including Claims that are not related to intellectual property or intellectual-property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 16.2 will only be resolved through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the validity, enforceability, or scope of the arbitration provision or any portion of the arbitration provision.
16.5 Binding Individual Arbitration
Subject to the terms of this Section 16.5, a Claim not excluded under Section 16.4 may only be resolved by binding individual arbitration conducted by the American Arbitration Association (the "AAA"), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq. ("FAA"). If you are a "Consumer," meaning that you only use the LibraMind Services for personal, family, or household purposes, the then-current version of the AAA's Consumer Arbitration Rules are the rules applicable to Claims between you and LibraMind as modified by this Section 16 (the "Rules"). If you are not a Consumer, the then-current version of the AAA's Commercial Arbitration Rules and Mediation Procedures are the Rules applicable to Claims between you and LibraMind as modified by this Section 16.
This agreement to arbitrate affects interstate commerce, and the enforceability of these Terms will be substantively and procedurally governed by the FAA to the extent permitted by law. As limited by the FAA, these Terms, and the applicable Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim in arbitration and to grant any remedy or relief that would be available in a court under law or in equity, including the power to determine all questions of arbitrability. To the fullest extent allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or LibraMind to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence). The arbitrator's award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
You or LibraMind may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing a demand for arbitration with the AAA in accordance with the Rules. Instructions for filing a demand for arbitration with the AAA are available on the AAA website or by calling the AAA at 800-778-7879. You will send a copy of any demand for arbitration to LibraMind by certified mail addressed to LibraMind, Attn: Legal Department, 11231 NW 20th St Unit 140, Miami, FL 33172, or by email to legal@libramind.ai. LibraMind will send any demand for arbitration to you by certified mail or email using the contact information you have provided to LibraMind, including the email address associated with your LibraMind account.
16.6 Class Action Waiver
Any such arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration agreement set forth in this Section 16 shall be deemed void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims. Any such claims released from arbitration must be resolved in accordance with Section 17.
16.7 Arbitration Fees
Except for Mass Arbitrations (as defined in Section 16.9), to the extent the initial-filing fee for the arbitration exceeds the initial-filing fee for a lawsuit, LibraMind will pay the difference in fees. Unless otherwise prohibited by law, you and LibraMind have 90 days from receipt of an arbitration-fee invoice to pay the invoiced arbitration fees.
16.8 Confidentiality
If you or LibraMind submits a Claim to arbitration, you and LibraMind agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade-secret, or otherwise sensitive information, documents, testimony, and other materials that might be exchanged or the subject of any discovery in the arbitration. You and LibraMind agree to seek such protection before any such exchange.
16.9 Mass Arbitrations
If 25 or more Claimant Notices are received within 180 days of the first Claimant Notice by a party that raise similar claims and have the same or coordinated counsel, these will be considered "Mass Arbitrations" and will be treated as mass arbitrations according to the AAA's Mass Arbitration Supplementary Rules, if and to the extent Mass Arbitrations are filed in arbitration as set forth in this Section 16. You or LibraMind may advise the other if you or LibraMind believe that Claims are Mass Arbitrations, and disputes over whether a Claim meets the definition of "Mass Arbitrations" will be decided by the arbitration provider as an administrative matter. To the extent either party is asserting the same Claim as other persons and are represented by common or coordinated counsel, that party waives any objection that the joinder of all such persons is impracticable.
Mass Arbitrations may only be filed in arbitration as permitted by the process set forth below. Applicable statutes of limitations will be tolled for Claims asserted in a Mass Arbitration from the time a compliant Claimant Notice has been received by a party until this Section 16 permits such Mass Arbitration to be filed in arbitration or court.
Initial Bellwether. The bellwether process set forth in this Section 16.9 will not proceed until counsel representing the Mass Arbitrations has advised the other party in writing (email suffices) that all or substantially all the Claimant Notices for the Mass Arbitrations have been submitted. After that point, counsel for the parties will select 20 individual arbitrations from the overall Mass Arbitrations to proceed in arbitration as a bellwether to allow each side to test the merits of its arguments. Each side will select 10 claimants who have provided compliant Claimant Notices for this purpose, and only those chosen cases may be filed with the arbitration provider. A single arbitrator will preside over each Mass Arbitration chosen for a bellwether proceeding, and only one Mass Arbitration may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.
Mediation. Once the arbitrations that are part of the bellwether process have concluded (or sooner if the claimants and the other party agree), counsel for the parties must engage in a single mediation of all remaining Mass Arbitrations with the mediator's fee paid by LibraMind. Counsel for the claimants and the other party must agree on a mediator within thirty (30) days after the conclusion of the bellwether process.
If Mass Arbitrations released from the arbitration requirement are brought in court, claimants may seek class treatment, but to the fullest extent allowed by applicable law, the class sought may comprise only the claimants in Mass Arbitrations for which a compliant Claimant Notice was received by the relevant party. Courts will have authority to enforce the bellwether and mediation processes defined in this Section 16.9 and may enjoin the filing of lawsuits or arbitration demands not made in compliance with it.
16.10 30-Day Right to Opt Out
You have the right to opt out of this Section 16 by sending written notice of your decision to opt out within 30 days of first agreeing to these Terms to LibraMind, Attn: Legal Department, 11231 NW 20th St Unit 140, Miami, FL 33172, or by email to legal@libramind.ai. Such notice must include the name of each person opting out, the address, and a clear statement that you do not wish to resolve disputes with LibraMind through arbitration. Your decision to opt out of this Section 16 will have no adverse effect on your relationship with LibraMind or the delivery of the Services to you.
16.11 Enforcement
If any part of this Section 16 is considered to be invalid or unenforceable, that part will no longer apply to the parties but all other parts of Section 16 will remain in effect unless otherwise provided in this Section 16. If LibraMind does not enforce any provision of these Terms or any related agreement, such failure shall not be deemed a waiver of any rights to enforce such provision.
Except as otherwise provided in this Section 16, if a Claim does not proceed in arbitration, the class-action waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals in a single proceeding, except that you may consolidate Claims with those of members of your immediate household.
16.12 Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms without the prior written consent of LibraMind. LibraMind may transfer or assign these Terms, and its rights and obligations, without prior consent or notice.
17. Venue
If you reside in the United States, all Claims not subject to arbitration pursuant to Section 16 and that cannot be heard in small-claims court will be resolved exclusively in the courts located in Delaware, U.S.A. You and LibraMind waive any objection to venue in the courts identified in this Section 17.
18. Export Compliance
LibraMind operates in compliance with U.S. export control laws. By using our Services, you represent that you are not located in a country subject to U.S. embargoes or on any U.S. government restricted party list.
19. Additional Terms and Conditions
In addition to the policies and guidelines located throughout the LibraMind Services, the following policies are incorporated into the Terms of Use:
- Copyright Policy (also accessible via a link at the bottom of the LibraMind Site pages).
- Privacy Policy (also accessible via a link at the bottom of the LibraMind Site pages).
19.1 Cloud Hosting and Payment Processing
LibraMind is hosted on cloud infrastructure providers, which operate the platform that enables us to deliver our services online. Your personal information, including order details and payment information, may be stored and processed through our hosting and payment service providers' data storage, databases, and applications.
By using the LibraMind Services, you acknowledge and agree that:
- Our hosting providers may process your data in accordance with their own privacy policies and our agreements with them.
- Payment transactions are securely processed by approved third-party payment processors. LibraMind does not store full credit card details and relies on its payment partners for transaction security and compliance with PCI-DSS standards.
- Our hosting providers may transfer, store, and process your data on servers located in the United States, Canada, the European Economic Area, or other jurisdictions as necessary to provide the Services.
19.2 Changes to Terms of Service
LibraMind may update or modify these Terms at any time by posting the updated version on our website. Material changes will be communicated in accordance with applicable law. Your continued use of the Services after such changes have been posted constitutes your acceptance of the updated Terms.
20. International Users
LibraMind serves libraries and institutions worldwide. If you access the Services from outside the United States, you do so at your own initiative and are responsible for compliance with all local laws and regulations.
International users are solely responsible for:
- Any taxes, duties, levies, or fees imposed by their local jurisdiction in connection with their subscription to or use of the Services.
- Compliance with all local laws regarding the access, use, and storage of materials made available through the Services.
- Providing accurate institutional and contact information.
LibraMind is not responsible for any delays, restrictions, or additional costs resulting from regulatory restrictions, network conditions, or local laws that affect your ability to access or use the Services.
21. Acknowledgment
The Terms of Use, including all documents referenced herein, represent the entire understanding between User and LibraMind regarding User's relationship with LibraMind and supersede any prior or contemporaneous statements or representations. Headings used in the Terms of Use are for convenience only and shall not affect the interpretation of these Terms.
22. Contact Us
If you have questions about these Terms, please contact us:
LibraMind
By Email: legal@libramind.ai
General Support: support@libramind.ai
11231 NW 20th St Unit 140, Miami, FL 33172