Erdgeist (Earth-Spirit)

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1. Agreement to Terms.

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11. Accurate information on file.

If the information pertaining to your credit or debit card is changed for any reason, including changes in your home or billing address, changes in the card expiration date, or if your credit card is lost or stolen, you must immediately inform AYCB by e-mail. Your failure to do so is a material breach of these Terms of Use, and, in the event of your failure to notify AYCB, AYCB disclaims any and all responsibility for charges posted to a lost or stolen credit card.

12. Gramm-Leach-Bliley Act Consumer & Customer Information Privacy & Confidentiality.

You acknowledge and agree that you desire to comply with the requirements of Title V of the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801-6810 (GLB Act), and the Federal Trade Commission's implementing regulation, Regulation P, 16 C.F.R. Part 313 (Regulation P), in particular, as both relate to the disclosure and protection of Non-Public Personal Information (NPI) for consumers and customers. To the extent applicable, you will substantially comply with the GLB Act and Regulation P and will keep confidential all consumer and customer NPI received or obtained by you in accordance with the provisions of the GLB Act and Regulation P. In particular, you may use consumer and customer NPI you receive or obtain from AYCB or another user of the Website only for the purpose for which such information was delivered or made available, and only for such other purposes permitted under 16 C.F.R. §§313.14 and 313.15. The stated purpose in this case is to assist you through internet and web activities with the collection of consumer and customer NPI, to deliver said information to you for use in connection with stated the purposes of the Website. You agree to maintain physical, electronic and procedural safeguards, as necessary, that comply with federal regulations to guard NPI you receive from AYCB or other Website users pursuant to these Terms of Use and any services agreement entered into by you and AYCB. You agree to be responsible for any breach of these Terms of Use by you and any of your agents or advisors (including, without limitation, attorneys, accountants, consultants and contractors). In the event you discover or become aware that another party's NPI has been used in an unauthorized manner or disclosed in violation of these Terms of Use, you will immediately notify such other party (the "Aggrieved Party") of such event, and will indemnify, defend and hold AYCB, its managers, members, officers, employees and agents, harmless from all claims, damage, liability, costs and expenses (including court costs and reasonable attorneys' fees) arising or resulting from the unauthorized use or disclosure. In addition, AYCB will be entitled to all other remedies available at law or equity, including injunctive relief. Upon the request of AYCB, you will promptly return all NPI of a specific party received by you from such party, or will promptly destroy all materials containing such NPI (and any copies, extracts and summaries thereof).

13. Miscellaneous.

The failure of AYCB to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use shall be governed by and construed in accordance with applicable federal law and the laws of the State of Texas, without regard to choice of law rules. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Website, software, products, or services offered by AYCB, shall be filed only in the U.S. District Court for the Northern District of Texas, or the state district courts of Dallas County, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in full force and effect. You agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of personal, technical, public, or other data exported from the United States or the country in which you reside. As a condition of your access and use of the Website, and the products and services offered by AYCB, you warrant that you will not use the Website or the products and services offered by AYCB for any purpose that is unlawful or prohibited by these Terms of Use. These Terms of Use constitute the entire agreement between you and AYCB regarding their subject matter, and supersede any prior versions of these Terms of Use. No modification to the Terms of Use will be binding, unless authorized by AYCB in writing or as provided above. Any express waiver or failure to exercise any right under these Terms of Use will not create a continuing waiver or any expectation of non-enforcement. Paragraph headings and captions are for convenience only and are not be to be considered in determining the meaning or effect of these Terms of Use. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AYCB as a result of these Terms of Use or your access to or use of the Website, or the products or services offered by AYCB in connection with the Website.

If you have questions or comments please contact us at info@allyoucanbooks.com.

Frank Wedekind

Erdgeist (Earth-Spirit)

Frank Wedekind

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