Welcome to the modernwarrior.pro website (the “Website”), a website owned and operated by The Modern Warrior (“TMW”).
These Terms and Conditions of Use require the use of binding arbitration to resolve disputes rather than jury trials or class actions. Please see the clauses stated herein after for details.
Acceptance of Terms
Please read these Terms carefully before using the Website. If you do not agree with any part of these Terms, you may not access or use the Website.
Your use of the Website constitutes your acceptance of these Terms and your agreement to comply with them. You represent and warrant that you have the legal capacity to enter into these Terms, and if you are using the Website on behalf of an organization or entity, you have the authority to bind that organization or entity to these Terms.
LICENSES AND RESTRICTIONS
We, hereby grant the User a limited, nonexclusive, and revocable license to access and utilize our Services and its Content strictly for personal, non-commercial purposes, unless otherwise mentioned. Additionally, the User is granted the right to create a hyperlink to the Services, provided that such link does not present TMW, its subsidiaries, affiliates, or their products/services in a false, misleading, derogatory, or offensive manner.
2.2.Restrictions: The granted licenses do not extend to the following activities:
Modification, downloading (except for page caching), reproduction, copying, or reselling of the Services, the Content, or any portion or derivative thereof.
Commercial utilization of the TMW Services, the Content, or any portion or derivative thereof, unless expressly permitted under a separate business relationship with TMW.
Copying or downloading any User's account or profile information for the benefit of any third party.
Engagement in high volume, automated, electronic processes that are applicable to the Services, the Content, or any portion or derivative thereof.
Usage of robots, spiders, data miners, crawlers, scrapers, or any other automated means to access or index our Services, the Content, or any portion or derivative thereof.
Interference or attempted interference with the proper functioning of the TMW Services.
Bypassing of any measures implemented by TMW to prevent or restrict access to any part of the TMW Services, the Content, or any portion or derivative thereof.
Framing or utilization of framing techniques to enclose any trademark, logo, or other proprietary information of TMW, including images, text, page layout, or form.
Use of TMW's name, trademarks, service marks, or logos in any meta tags or hidden text.
Compilation, repackaging, dissemination, or any other use of data extracted from the TMW Services without explicit authorization from TMW.
Please be advised that any unauthorized use of the TMW Services, the Content, or any portion or derivative thereof will result in the immediate termination of the granted license or permission by TMW.
We kindly request your adherence to these terms and restrictions to ensure a professional and harmonious user experience on our esteemed platform.
TMW, or its parent, subsidiaries, or affiliates, or third parties from whom TMW has permission, own the trademarks or service marks that are used on the TMW Services. All rights are reserved. These and other graphics, logos, service marks, trademarks, and trade dress of TMW and its licensors may not be used without the prior written consent of TMW or its licensor, as the case may be. Without limiting the foregoing, no TMW trademark or trade dress may be used in connection with any product or service that is not TMW’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits TMW.
By using our website, you acknowledge and consent to the fact that all proprietary rights, including but not limited to copyrights, trademarks, and any other intellectual property rights, associated with the website and its content are owned by us or our licensors. You agree not to infringe upon these proprietary rights in any way.
Our website may include content from third parties, such as book descriptions, reviews, and other materials. You understand and agree that we do not endorse or have control over this third-party content. Your access and use of such content are subject to the terms and conditions set forth by the respective third parties. We recommend reviewing and abiding by these terms.
Price Fluctuations: We strive to offer competitive prices for the books listed on our website. However, please note that prices are subject to change and may fluctuate over time. We make every effort to keep our pricing accurate and up-to-date.
Market Factors: Book prices are influenced by various market factors, including but not limited to supplier costs, currency exchange rates, availability, and demand. These factors may result in occasional adjustments to the prices of the books listed on our website.
Notification: While we aim to provide timely updates regarding any price changes, please be aware that there may be instances where immediate notification is not feasible. We encourage you to check the current price of a book before making a purchase.
Responsiveness: We are committed to ensuring a fair and transparent pricing policy. Should you have any concerns or questions regarding the price of a book, we encourage you to reach out to our customer support team. We will make every effort to address your inquiries promptly and provide any necessary clarification.
Price Accuracy: We strive to maintain accurate pricing information on our website. However, in the event of an inadvertent pricing error or discrepancy, we reserve the right to correct it promptly. In such cases, we may notify you of the corrected price before proceeding with the transaction.
RISK OF LOSS
The risk of loss and title for all items purchased via the TMW Services pass to the User upon delivery of the item to the carrier.
The items offered for sale on the TMW Services contain descriptions that are provided directly by the publisher, manufacturer, developer or distributor of such item. TMW does not represent or warrant that the descriptions of such items are accurate or complete. If a user purchases an item from TMW that is not as described in the TMW services, the user’s sole and exclusive remedy is to return such item in an unused condition for a refund of the purchase price.
AGE OF USERS
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 (‘Minors’) are not permitted to use the websites without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 16 or knowingly allow such persons 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 TMW websites, we will remove that information as soon as possible.
TERMINATION OF USAGE
Right to Terminate:
We value your use of our bookselling website, and we strive to provide a positive experience for all users. However, we reserve the right to terminate or suspend your access to our website or services at our discretion, without prior notice or liability, for any reason whatsoever.
Whenever possible, we will make reasonable efforts to provide you with prior notice of any termination or suspension of your access. However, there may be situations where immediate action is necessary to protect the integrity and security of our website and its users.
Appeals or Inquiries:
If you believe your access has been terminated in error or would like to inquire about the reasons behind the termination, we encourage you to reach out to our customer support team. We will diligently review your concerns and provide any necessary clarification or assistance.
Compliance with Termination:
Upon termination of your access to our website, you agree to immediately cease any further use of our services and refrain from accessing or attempting to access our website through any means.
You agree to indemnify, defend, and hold harmless our book-selling website, its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
Your use of our website or services,
Your infringement of any intellectual property rights or other rights of third parties,
Any content you submit, post, or transmit through our website,
Any interaction or transaction you have with other users or third parties through our website,
Any damage or harm caused by your reliance on the content, information, or materials available on our website.
PASSWORD AND ACCOUNT SECURITY
10.1.User Responsibility: When making purchases on our website, we respectfully ask you to anticipate full responsibility for protecting the privacy of your account information, including your password and other account details. We would like to clarify that you are solely accountable for any action that occurs under your account.
10.2.Security Measures: To safeguard the accuracy and confidentiality of your account information, we have put forth reasonable security measures. To ensure the security of your account, you must adopt the appropriate security measures. We advise using a secure password that is different from everyone else's, updating it frequently, and avoiding disclosing your account information to third parties.
10.3.Unauthorized Access: If you suspect any unauthorized access or use of your account, we kindly ask that you promptly notify us. We recommend changing your password without delay and contacting our customer support team to report any suspicious activity.
10.4.Third-Party Applications or Websites: We advise against disclosing your account information, including your password, to any third-party applications or websites. We cannot be held liable for any damages or losses resulting from your interactions with such third parties.
10.5.User Obligations: By using our website, you agree to comply with all security-related policies and procedures provided by our book selling platform. Furthermore, we kindly ask that you refrain from engaging in any activities that may compromise the security or integrity of our website, including any attempts to gain unauthorized access to any part of the website or its systems.
11.1.Community Engagement: Our website promotes user engagement to create a lively and engaged community. You are welcome to participate in civil debates, recommend books, and enhance the spirit of the community as a whole.
You are accountable for the reviews, comments, and other submissions you make.
Make sure your contributions abide by the rules of our community and any relevant laws.
Any content that breaches intellectual property rights is offensive, discriminatory, illegal, or any of the above will be quickly removed.
Our book-selling website allows users to generate and post content, including reviews, comments, and other contributions.
You acknowledge that any content you submit or upload to our website remains your responsibility, and you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content.
By submitting content, you represent and warrant that you have all necessary rights, permissions, and licenses to grant us the aforementioned license and that your content does not infringe upon the rights of any third party.
We do not endorse or guarantee the accuracy, completeness, or reliability of user-generated content, and we disclaim any liability arising from such content.
User consents to electronic communications with TMW, whether addressed to the e-mail address associated with such User’s TMW account or posted on the TMW Services. User acknowledges and agrees that any communication via e-mail or by postings on the TMW Services satisfies any legal requirement that such communications be made in writing.
DISCLAIMERS AND LIMITATION OF LIABILITY
13.1.No Warranty: Our website is provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, regarding the operation or availability of our website or the content, materials, products, or services offered through it. We do not warrant that our website will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Any reliance you place on the website and its contents is at your own risk.
13.2.Content Accuracy: While we strive to provide accurate and up-to-date information, we do not warrant the accuracy, completeness, or reliability of the content, descriptions, prices, availability, or other information related to the books listed on our website. We recommend verifying any important information, such as book descriptions or availability, with the respective sellers or publishers.
13.3.Third-Party Services and Links: Our website may contain links to third-party websites, services, or resources that are not owned or controlled by us. We do not endorse or assume any responsibility for the content, privacy policies, or practices of these third-party websites or services. b. Any interactions or transactions you engage in with third parties are solely between you and the respective third party, and we shall not be liable for any damages or losses arising from such interactions.
13.4.User-Generated Content: a. We do not endorse, guarantee, or warrant the accuracy, completeness, or reliability of user-generated content posted on our website. User-generated content represents the views and opinions of the users who post them, and they are solely responsible for their content. b. We disclaim any liability arising from user-generated content, including any errors, omissions, or defamation.
13.5.Limitation of Liability: a. To the maximum extent permitted by law, we, our affiliates, employees, or agents shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our website or services. b. This limitation of liability applies to any claims, whether based on contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
APPLICABLE LAWS; JURISDICTION
15.2.Jurisdiction. Each TMW and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Ireland and waives any objection to the laying of the venue of any litigation in said courts.