I certify that all of the information above is complete and correct. I have read and agree to comply with the terms of this Agreement. I certify that, in deciding to join the Living Barefoot Club, I have relied solely on the information contained in this Agreement and the Living Barefoot Club information page.
The Living Barefoot Club is available in most parts of North America including Canada (excluding the Northwest Territories, Yukon and Nunavut) and all contiguous US states (excluding Alaska and Hawaii). By executing this agreement, I am offering to join the Living Barefoot Club and entering into a binding contract with Barefoot Books. I understand that, to join the Living Barefoot Club, I need only to execute this Agreement and that any additional products or support items are optional. Barefoot Books reserves the right to reject my offer to become a Living Barefoot Club member for any reason within 30 days of receipt of my executed Agreement.
I must maintain a current authorization in order to preserve my rights as a Living Barefoot Club member. I understand and acknowledge that I will be charged an annual renewal fee of $19.99 USD / $24.99 CAD to remain a member of the Living Barefoot Club. This fee gives me access to exclusive club content, a discount of 20% on all product orders, and free shipping on orders of $100 USD / CAD net cart total. The Living Barefoot Club Renewal Fee will be charged annually beginning on the first-anniversary date of my joining and, once paid, is non-refundable and cannot be prorated. I understand that the renewal fee will be waived if I have spent $100 USD / CAD or more on products at the Barefoot Books website within each anniversary of my join date.
I or Barefoot Books may terminate this Agreement at any time and for any reason by giving 30 days written notice to the other party, or without prior notice and with immediate effect as a result of breach or threatened breach of any of the provisions herein. Barefoot Books may also take actions short of termination of this Agreement, depending on the nature and severity of the breach, whether the breach can be or has been cured following notification by Barefoot Books of the existence of same, and whether there are multiple simultaneous, serial or repeating breaches. Once the Living Barefoot Club Membership Fee has been paid, full or partial refunds are not available.
Barefoot Books, Inc. ("Barefoot Books") welcomes you to its site. Barefoot Books provides its service to you, subject to the following User Terms of Service ("TOS") which may be updated by us from time to time without notice to you. By using this site, you agree to be bound by this TOS, and any additional term that may be posted for a specific Barefoot Books website. In addition, when using particular Barefoot Books owned or operated services, you shall be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement. If you do not agree to this TOS, do not use this site.
Barefoot Books the owner and operator of this web site (the "service") creates, markets and distribute sells premium art and stories for children aged 0 to 14 in the form of products, including books, puzzles, puppets and games, as well as other digital content including audio and video files and downloadable activities. Barefoot Books also provides a platform for user-generated content through product reviews, forums, blog posts and community profiles. As a user of the Service, you understand and agree that the Service may include certain communications from Barefoot Books, such as service announcements and administrative messages, and you will not be able to opt out of receiving such communications. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Barefoot Books properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Barefoot Books assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. Barefoot Books is concerned about the safety and privacy of all its users, particularly children. For this reason, you must be at least 14 years of age to access and view the Service.
When you visit Barefoot Books or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is the property of Barefoot Books and its licensors and is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Barefoot Books, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, or such information in whole or in part.
Barefoot Books grants you a personal, non-transferable and non-exclusive right and license to access and make reasonable use of the Service and Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Barefoot Books for use in accessing the Service.
Barefoot Books, barefootbooks.com, and the Barefoot Books logo are trademarks and service marks of Barefoot Books and other Barefoot Books logos and product and service names are trademarks and service marks of Barefoot Books (collectively, the "Barefoot Books Marks").
Jurisdiction and governing law
The formation, construction, interpretation, and enforceability of my contract with Barefoot Books as set forth in this Living Barefoot Club Agreement and any incorporated documents shall be governed by and interpreted in all respects under the laws of the Commonwealth of Massachusetts without regard to conflict of laws provisions.
I agree to permit Barefoot Books to obtain, maintain and publish photographs, videos, and other recorded media of me, or my likeness. I acknowledge and agree to allow any such recorded media to be used by Barefoot Books for any lawful purpose, and without compensation. I may cancel this consent by sending a certified letter stating such cancellation to Barefoot Books, 2067 Massachusetts Avenue, Cambridge, MA 02140. I agree that, subject to Barefoot Books policies and procedures and Privacy Statements, Barefoot Books may obtain, record, use, hold, transfer, dispose of and otherwise process such personal and business information as may be necessary to enable Barefoot Books to fulfill its obligations under this Agreement or the Program, or which Barefoot Books determines is expedient to support its business operations and the management of the Program.
In order to use certain aspects of the Service, you are required to register and establish an online account with Barefoot Books. We refer to registered users as members ("Members") and subject Members to the following specific terms:
Please read the following section carefully, as it governs your conduct while using the Service, and by using the Service, you agree to be bound by these terms.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages and/or other materials ("Content"), whether publicly posted, anonymously posted, or privately transmitted via the Service, are the sole responsibility of the person from which such Content originated. This means that you, and not Barefoot Books, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Barefoot Books does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
Content may be protected by copyright law and international conventions and is the property of its owner. Any unauthorized use of the Content may violate appropriate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes. Certain Content published on this site may contain other restrictions, proprietary notices and/or copyright information relating to that specific Content, including but not limited to noticesthat limit or prohibit your ability to make copies of such Content. Please review all additional notices before making any copies.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Barefoot Books be liable in any way for any Content not originating with Barefoot Books, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service, even if such loss or damage is foreseeable or Barefoot Books has been apprised of same.
You acknowledge that Barefoot Books may or may not pre-screen Content, but that Barefoot Books and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Barefoot Books and its designees shall have the right to remove any Content that violates the TOS or is otherwise, in Barefoot Books sole judgement, objectionable or inappropriate. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Barefoot Books or submitted to Barefoot Books.
You acknowledge, consent and agree that Barefoot Books may access, preserve, and disclose your account information and Content, including but not limited to any Content you post anonymously, if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of a third party; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Barefoot Books, its users and the public.
All items purchased from Barefoot Books are made pursuant to a shipment contract with a third party. All risk of loss and title for such items pass to you upon our delivery to the carrier.
Barefoot Books attempts to be as accurate as possible in identifying and describing its products and services. However, Barefoot Books does not warrant that product descriptions or other Content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Barefoot Books itself is not as described, your sole remedy is to return it in unused, saleable condition. The cost of shipping any returned product back to Barefoot Books will be paid by the customer.
You acknowledge that Barefoot Books may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Barefoot Books’ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Barefoot Books has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Barefoot Books reserves the right to log off accounts and deactivate usernames that are inactive for an extended period of time, as determined by Barefoot Books in its sole judgment. You further acknowledge that Barefoot Books reserves the right to modify these general practices and limits from time to time.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Barefoot Books has no control over such sites and resources, you acknowledge and agree that Barefoot Books is not responsible for the availability of such links, external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Barefoot Books shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such links, site or resource, or any failures and/or disruption to your computer system that results from your use of any such links. Barefoot Books disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any other website.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Barefoot Books may provide you with notices by email, regular mail, or postings on the Service.
Barefoot Books respects the intellectual property rights of others, and we require our users to do the same. Barefoot Books may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Members and prohibit the use of the Service by certain users who are deemed or alleged to be infringing the copyright or other intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Barefoot Books with the following information:
You expressly understand and agree that:
You expressly understand and agree that Barefoot Books shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Barefoot Books has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party including, without limitation, members, advertisers or merchants on the service; or (v) any other matter relating to or in connection with the service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations set forth in sections 19 and 20 above may not apply to you.
Any dispute relating in any way to your visit to BarefootBooks.com or to products or services sold or distributed by Barefoot Books or through BarefootBooks.com shall be adjudicated in the state and federal court residing in Suffolk County in the Commonwealth of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts.
Nothing contained in the TOS shall be construed to constitute either party as a partner, employee or agent of the other party, nor shall either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain an independent contractor responsible for its own actions.
Waiver and Severability of Terms.
The failure of Barefoot Books to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision to the fullest extent possible, and the other provisions of the TOS shall remain in full force and effect.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOS to Barefoot Books at email@example.com.