Terms and Conditions

   TERMS AND CONDITIONS OF USE

Last Updated: 5-22-2022

YOUR USE OF THIS WEBSITE AND THE SERVICES OFFERED AND CONTENT CONTAINED HEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE WEBSITE OR, IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE WEBSITE AND REPRESENT AND WARRANT THAT YOU HAVE YOUR PARENT OR GUARDIAN’S PERMISSION.

San-del Writers LLC, including all of its features and content and related or commonly-owned or controlled websites (“Website”), is a service made available by San-del Writers, LLC. (“San-del Writers LLC”), an LLC that provides independently owned books, a direct-to-consumer e-commerce solution competitive to that of major retailers. All content, information, services, text, photographs, video, audio, graphics and software ordered or provided on or through the Website, including but not limited to Seller Content and Website Content (each defined below) (collectively, “Content”) may be used solely under the following Terms and Conditions of Use and all other terms and conditions or documents incorporated by reference herein, including, without limitation, San-del Writers LLC’s Privacy Policy (collectively, “Terms of Use”), which constitutes a legally binding agreement relating to the use of the Website and the services provided therein, including the Content, between San-del Writers LLC and each visitor or user of the Website including, without limitation, those who purchase products on the Website (each, a “Customer”) (collectively, “Users,” and each, a “User” or “you”).

With respect to individuals, firms, corporations, limited liability companies, partnerships, associations, or other entities (each, a “Person” and collectively, “Persons”) that: (i) sell products on the Website through San-del Writers LLC’s Platform Seller Program (each, a “Platform Seller”), or (ii) participate in San-del Writers LLC’s Affiliate Program (each, a “Platform Affiliate”), in the event of a conflict between these Terms of Use and the terms and conditions applicable to the Platform Seller Program or the Affiliate Program (each, a “Program Terms of Use” and collectively, the “Programs’ Terms of Use”), respectively, such terms and conditions applicable to the Platform Seller Program or the Affiliate Program shall respectively apply.

By using the Website, you are deemed to have accepted, executed, and be bound by the terms of these Terms of Use. San-del Writers LLC may change or amend these Terms of Use at any time at its sole discretion. If San-del Writers LLC makes a material change or amendment to these Terms of Use, it will notify Users thereof by posting such changes or amendments on the Website, which changes or amendments will be effective automatically upon the posting thereof. You agree that all agreements, notices, disclosures, and other communications San-del Writers LLC provides to you electronically satisfy any legal requirement that such communications be in writing. IF ANY OF THESE TERMS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE WEBSITE OR THE CONTENT. YOUR CONTINUED USE OF THE WEBSITE OR THE CONTENT FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF USE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.

Website License

San-del Writers LLC hereby grants you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable right and license to access and make personal use of the Website and Content, including intellectual property that a Platform Seller submits or uploads onto the Website (collectively, “Seller Content”) of which such Platform Seller is and shall remain the sole and exclusive owner subject to the licenses granted to San-del Writers LLC, solely permitted by the tools, products, services, functionalities, and/or features of the Website, or as expressly permitted by San-del Writers LLC in connection with your use of the Website and as provided herein, subject in all respects to these Terms of Use, and not for redistribution of any kind (the “License”). Unless otherwise agreed to in writing with San-del Writers LLC, this License does not include any resale or commercial use of (i) the Website or Content, (ii) Seller Content that is not your own Seller Content, (iii) any Registration Data (defined below), (iv) any other content, materials, information, text, data, copyrights, designs, insignia, images, photos, articles, stories, artwork, videos, pictures, musical compositions, sound recordings, screenshots, chats, posts, graphics, identifying marks, Website pages, software, and other original works of authorship, and/or intellectual property uploaded to, or incorporated into, the Website or Content by San-del Writers LLC, or (v) any trademarks, service marks, logos, designs, and insignia of San-del Writers LLC or any third-party Persons, products, and services used or displayed on the Website or in collateral materials thereto (collectively, “Trademarks,” and together with the items set forth in items (i), (ii), (iii) and (iv) above, the “Website Content”), which Website Content is and shall remain the sole and exclusive property of San-del Writers LLC or the applicable third-party licensor from whom San-del Writers LLC obtained the right to use such Website Content. You specifically acknowledge and agree that all Trademarks are registered or unregistered trademarks or service marks of San-del Writers LLC or the applicable third-party licensor/owner thereof, and nothing on the Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks. All goodwill generated from the use of the Trademarks inures to the benefit of the applicable owner thereof.

As between you and San-del Writers LLC, San-del Writers LLC retains all right, title, and interest in and to the Website and Content, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website, (iii) all other materials and content uploaded or incorporated into the Website, including, without limitation, all Website Content (but excluding Seller Content, which is owned by the applicable Platform Seller, but for which San-del Writers LLC has a license to use pursuant to the terms and conditions of the Platform Seller Program), and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world, and the coordination, selection, arrangement and enhancement of such associated trade secret rights and other intellectual property and proprietary rights as a collective work under the U.S. Copyright Act of 1976, as amended (collectively, “Website IP”), and nothing contained herein shall be construed as creating or granting you any right, title, or interest in and to such Website IP other than the License granted herein. Website IP is protected in all forms, media, and technologies now known or hereinafter developed by the domestic and international laws of copyright, trademarks, patents, and other intellectual property and proprietary rights.

Violation of this License may result in infringement of intellectual property and contractual rights of San-del Writers LLC, other Users of the Website (including Platform Sellers), or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.

Digital Millennium Copyright Act

San-del Writers LLC has registered an agent with the United States Copyright Office in accordance with the Digital Millennium Copyright Act (the “DMCA”) and avails itself of the protections under the DMCA. San-del Writers LLC reserves the right to remove any Website Content or Seller Content that allegedly infringes another party’s copyright. San-del Writers LLC will terminate, in appropriate circumstances, Users who are repeat infringers of another party’s copyright. Notices to San-del Writers LLC regarding any alleged copyright infringement should be directed to San-del Writers LLC via email at contact@San-del-Writers.com. This email address is only for reporting suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms of Use.

Notification of Alleged Copyright Infringement: If any Person believes in good faith that its intellectual property has been used on the Website in a way that constitutes copyright infringement under applicable law, such Person or its agent (each, a “Copyright Claimant”) may provide San-del Writers LLC with a written notice containing the following:

Copyright Claimant’s name, address, telephone number, and email address;

A description of the copyrighted work that Copyright Claimant claims has been infringed;

A description of where on the Website the material Copyright Claimant claims is infringing may be found, sufficient for San-del Writers LLC to locate the material (e.g., the URL);

A statement that Copyright Claimant has a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or applicable law;

A statement by Copyright Claimant under penalty of perjury under applicable law that the information in its notice is accurate and that Copyright Claimant is the copyright owner or authorized to act on the copyright owner’s behalf; and Copyright Claimant’s electronic or physical signature.

U.S. law imposes substantial penalties for falsely submitting a notice of copyright infringement.

Counternotice to Restore Seller Content Removed for Alleged Copyright Infringement: If a Platform Seller believes its Seller Content has been removed by mistake or misidentification, such Platform Seller or its agent may provide San-del Writers LLC with a written counter-notification containing the following information: 

Platform Seller’s name, address, telephone number, and email address;

A description of the material that was removed from the Website;

A description of where on the Website the Seller Content that was removed previously appeared (e.g., URL); A statement that Platform Seller has a good faith believe that the Seller Content was removed or disabled as a result of a mistake or misidentification; A statement by Platform Seller under penalty of perjury under applicable law that the information in its counter-notice is accurate; A statement that Platform Seller consents to the jurisdiction of the U.S. District Court for the judicial district in which its address is located, or if Platform Seller’s address is outside of the United States, then the United States District Court for Eastern District of New York, and that Platform Seller will accept service of process from the Copyright Claimant that filed the original DMCA notice or an agent of that Copyright Claimant; and

Platform Seller’s electronic or physical signature.

Trademarks

San-del Writers LLC reserves the right to remove any Website Content or Seller Content that allegedly infringes another party’s trademark or service mark. San-del Writers LLC will terminate, in appropriate circumstances, Users who are repeat infringers of another party’s trademark or service mark. Notices to San-del Writers LLC regarding any alleged trademark infringement should be directed to San-del Writers LLC via email at contact@San-del-Writers.com. This email address is for reporting suspected trademark infringement. Contact information for other matters is provided elsewhere in these Terms of Use.

Notification of Alleged Trademark Infringement: If any Person believes in good faith that its registered trademark or service mark has been used on the Website in a way that constitutes trademark infringement under applicable law, such Person or its agent (each, a “Trademark Claimant”) may provide San-del Writers LLC with a written notice containing the following:

Trademark Claimant’s name, address, telephone number, and email address;

The registration number of the trademark or service mark, jurisdiction(s) of registration, and categories of goods and/or services covered by such registration; A description of where on the Website the allegedly infringing Website Content or Seller Content may be found, sufficient for San-del Writers LLC to locate the material (e.g., the URL); A statement that Trademark Claimant has a good faith belief that the use of the registered trademark or service mark is not authorized by the trademark owner, registrant, or licensee or their respective agents, or applicable law;

A statement by Trademark Claimant under penalty of perjury under applicable law that the information in its notice is accurate and that Trademark Claimant is the trademark owner, registrant, or licensee or authorized to act on behalf of the trademark owner, registrant, or licensee; and Trademark Claimant’s electronic or physical signature.

No Appeal to Restore Seller Content Removed for Alleged Trademark Infringement: If San-del Writers LLC removes any Seller Content because of a trademark infringement report, the applicable Platform Seller will receive a notification from San-del Writers LLC that includes the name and email address of the rights-holder who made the report and/or the details of the report. If such Platform Seller believes the Seller Content should not have been removed, Platform Seller or its agent can follow up with the rights-holder directly to try to resolve the issue. San-del Writers LLC does not provide a counter-notice or appeal mechanism for claims of trademark infringement and disclaims any liability for claims a Platform Seller might make regarding mistaken or misidentified trademark infringement notice and takedown requests.

Limitations on Website Use

The Website and Content belonging to a User other than the Platform Seller who owns such Seller Content, may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the Website’s functionalities or without express prior written consent of San-del Writers LLC, or in the case of Seller Content, the applicable Platform Seller.

With limiting the foregoing, while using the Website, a User may not:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of San-del Writers LLC or other Users, or use information learned from the Website or Content to do the same;

Use the Website or Content for any purpose in violation of applicable local, state, federal, or international law or regulation; Use or otherwise export or re-export the Website or any portion thereof, or the Content in violation of the export control laws and regulations of the United States; Upload or transmit, or attempt to upload or transmit, through the Website any information or data that contain viruses, Trojan horses, corrupted files, malware, spyware, bugs, or any other similar software that may damage or infiltrate the operation of any other User’s computer; Impersonate another Person or User or knowingly allow any other Person to use your identification or Account to utilize the Website; Imply or state that any statements you make are endorsed by San-del Writers LLC or any other User, including any Platform Seller, without the prior written consent of San-del Writers LLC or such User; Use a robot, spider, manual, and/or automatic processes, or devices to data-mine, data-crawl, scrape, or index the Website in any manner; Hack or interfere with the Website, its servers, or any connected networks;

Adapt, alter, license, sublicense, or translate the Website or Content (except in the case of a Platform Seller and its own Content) for your own personal or commercial use; Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website; Remove or alter, visually or otherwise, any copyrights, trademarks, or proprietary marks and rights owned by San-del Writers LLC or any third-party licensor/owner thereof;

Use the Website to collect Registration Data (defined below) of Users by electronic or other means; Use the Website in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining San-del Writers LLC or a Platform Seller’s trade secret information for public disclosure or other purposes; Use, transfer, distribute, or dispose of Website, Website Content, or Seller Content in any manner that could compete with the business of San-del Writers LLC (except by Platform Sellers in the normal course of business, such as by operating their own e-commerce website) or, with respect to Seller Content, the applicable Platform Seller; Circumvent, remove, alter, deactivate, degrade, or thwart any content protections in the Website; or Cause or induce any Person to engage in the restricted activities above.

The License granted to you terminates automatically upon any unauthorized use of the Website or Content and San-del Writers LLC may take appropriate investigative and legal action for any illegal or unauthorized use of the Website or Content.

Unlawful Activity; Termination of Website Access

San-del Writers LLC reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action it deems appropriate, including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such Persons relating to Users’ email addresses, usage history, Content, IP addresses, and traffic information.

San-del Writers LLC further reserves the right, in its sole discretion and without notice or liability to you, to suspend or terminate your use of, or access to, the Website (either in whole or in part) at any time for any reason with any conditions, including, without limitation, if San-del Writers LLC believes in good faith that you have violated or acted inconsistently with these Terms of Use or any applicable law or that you have engaged in conduct that San-del Writers LLC determines, in its sole discretion, to be inappropriate or unacceptable. San-del Writers LLC may also terminate your access to the Website if you file any claim against San-del Writers LLC or file any claim that involves the Website. San-del Writers LLC also reserves the right, at its sole discretion, to seek and obtain any other remedies available to San-del Writers LLC pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a claim by San-del Writers LLC. In the event your right to use the Website is terminated, limited, or suspended, these Terms of Use will remain in effect and enforceable against you.

You may terminate these Terms of Use at any time by ceasing all use of the Website and Content; provided, however, that all sections of these Terms of Use which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use.

User Accounts

In order to utilize certain full functionalities of the Website, each User may need to register and create an account on the Website (each, an “Account”). Customers agree to create only one (1) unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Customers will be asked to submit certain information such as their name, email address, phone number, profile name, etc., and to create a login password (collectively, “Registration Data”). You agree that all Registration Data you provide to San-del Writers LLC will be and remain at all times true, accurate, current, and complete. San-del Writers LLC may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by San-del Writers LLC.

San-del Writers LLC will have the right to use your Registration Data in connection with servicing and operating the Website. You agree to (i) restrict access by any other Person to your Account password or other login information, (ii) not knowingly use the name or email of any other Person without authorization to create an Account, (iii) not use an email or profile name or other Registration Data that is profane, offensive, or otherwise inappropriate, (iv) not allow any third-party Person to use your Account login information, Registration Data, or Account, and (v) notify San-del Writers LLC of any breach of security by promptly sending San-del Writers LLC an email to contact@San-del-Writers.com. You agree that you will be liable for all activities that occur under your Account, even if such activities were not committed by you. San-del Writers LLC is not responsible for any Losses (defined below) as a result of someone else using your Account, Registration Data, or password, with or without your knowledge.

Merchandise and Sales Through the Website

The Website is an online marketplace for merchandise, namely books in all forms and related merchandise (collectively, “Merchandise”), made available for sale by San-del Writers LLC. You acknowledge that San-del Writers LLC provides Platform Sellers the Website for purposes of interacting socially with its customers and the public generally, and that Merchandise shall be priced, sold, and delivered solely by San-del Writers LLC. Merchandise offered for sale contains descriptions that are provided by the publisher, manufacturer, or distributor or, in the case of items offered for sale by Platform Sellers, the applicable Platform Seller. When a Customer buys from San-del Writers LLC, they agree that they have read the description provided on the Website for such Merchandise. San-del Writers LLC does not represent or warrant such descriptions are accurate or complete.

In order to make a purchase on the Website, a Customer may be required to establish an Account. A Customer shall pay all fees and charges incurred through their Account at the prices advertised on the applicable listing(s) for the Merchandise. All fees and charges, including all applicable taxes, shall be billed to the Customer, and such Customer shall be solely responsible for payment for purchases made through their Account.

Content Removal and Labeling

While San-del Writers LLC supports free speech and the expression of all ideas through the books sold on the Website, if San-del Writers LLC is notified of or otherwise learns of Merchandise that meets the standards for removal set forth below, San-del Writers LLC may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove such Merchandise from the Website.

If Merchandise portrays in writing or through images any one or more of the following, the work may be removed from San-del Writers LLC:

False Basis for Discrimination: Content that uses demonstrably false or pseudoscientific claims to pathologize or advocate for discrimination against a particular group (based on race, ethnicity, culture, or gender).

Hate Speech: Content that promotes violence or hatred against people based on characteristics like race, ethnicity, national origin, religion, disability, disease, age, sexual orientation, gender, or gender identity. This includes, without limitation, explicit racism, promoting racial hierarchy theories or affiliation with known hate groups like the Ku Klux Klan.

Misinformation: Content that promotes harmful conspiracies, represents gross exaggerations or distortions as fact, or contains outright lies. This includes, without limitation, health claims or advice which, if acted on, are likely to have detrimental health effects on persons or public safety, conspiracy theories which have an associated history of harassing, hateful, or violent incidents among its adherents or theories which may foreseeably incite or cause harassment, physical harm, or reputational harm, intentional distortions and especially systematic false claims about historic events and facts.

Government or Publisher Takedown Requests: If San-del Writers LLC receives a request from a government actor or authorized representative of a publisher to remove specific content for legal reasons. These include, without limitation, as a result of a successful infringement, defamation or right of publicity lawsuit or other legal process.

San-del Writers LLC reserves the right to remove Merchandise at any time in its sole discretion but shall have no obligation to do so.

In the case where controversial Merchandise is not removed, providing additional context and information may be helpful to Users and to support an informed public conversation about the topic. Therefore, San-del Writers LLC reserves the right to label Merchandise that contains disputed information as such and/or provide links to external, credible sources containing additional information related to the controversy.

Order Fulfillment

The cost to ship Merchandise that a Customer purchases through the Website is calculated on a “per order,” “per item,” or “per pound” basis and is based on the shipping option the Customer selects at the time of purchase. San-del Writers LLC will ship the Merchandise to the address designated by the Customer so long as such address is complete and complies with the shipping restrictions contained on the Website. All transactions are made pursuant to a shipping contract and, as a result, the risk of loss and title for the Merchandise passes to the Customer upon delivery of the Merchandise to the carrier.

Return Policy

If a Customer is not satisfied with their purchase from San-del Writers LLC, the Customer may return such Merchandise for a refund of the purchase price of the Merchandise plus any applicable taxes to the Customer’s original form of payment so long as the Customer notifies San-del Writers LLC within fourteen (14) days of receipt of such Merchandise. All Merchandise must be returned in its original condition; shrink-wrapped Merchandise must be unopened. Shipping fees will not be refunded. The packing slip in each Customer shipment has specific instructions for returns, but is not a prepaid shipping label. Customers will be required to arrange for and cover the costs of shipping returned Merchandise.

Special Promotions

San-del Writers LLC may from time to time provide certain promotional opportunities, sweepstakes, and contests to Users, particularly Customers. All such promotions will be run at the sole discretion of San-del Writers LLC and can be activated, modified, or removed at any time by San-del Writers LLC without advance notification and the liability of any of San-del Writers LLC’s partners pursuant to such promotional opportunities, sweepstakes, and contests shall be limited pursuant to these Terms of Use.

Advertisers on Website

The Website may contain advertising and sponsorship by third-party Persons. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. San-del Writers LLC will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

Third-Party Content and Products

The Website includes embedded third-party content or hyperlinks to third-party websites, products, or services (including external websites that are framed by the Website, as well as any advertisements displayed in connection therewith) that are not owned or controlled by San-del Writers LLC (collectively, “Third-Party Content”). Third-Party Content is provided as an information service for reference and convenience only. San-del Writers LLC does not control Third-Party Content and is not responsible for its (i) availability or accuracy (or unavailability or inaccuracy) or (ii) content, advertising, or products or services. Additionally, the Website may enable you to purchase certain goods and services from third-party Persons outside of the Website and Merchandise of a Platform Seller made available for purchase on the Website (“Third-Party Products”). You shall be subject to any additional terms and conditions of use, guidelines, rules, privacy policies, and other practices applicable to any Third-Party Content that you access through the Website or to your use of a third-party merchant’s website for the purchase of such Third-Party Products (“Third-Party Terms”). All such Third-Party Terms are hereby incorporated by reference into these Terms of Use.

Inclusion of any Third-Party Content or Third-Party Products on the Website does not constitute or indicate San-del Writers LLC’s endorsement thereof and San-del Writers LLC shall not be liable or responsible for any Third-Party Content transmitted through the Website or Third-Party Products displayed on the Website. You acknowledge and agree that San-del Writers LLC will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for, and risk associated with, your use and/or access of, or interaction with of Third-Party Content, including compliance with the terms and conditions of use, privacy policies, or practices associated therewith. Accordingly, San-del Writers LLC encourages you to be aware when you leave the Website and to read all applicable Third-Party Terms.

By using the Website, you expressly relieve and hold San-del Writers LLC harmless from any and all liability arising from your use of any Third-Party Content or purchase of any Third-Party Product, including any Losses incurred as a result of any dealings between you and any third-party Persons, or as the result of the presence of such Third-Party Content or Third-Party Product on the Website or the failure of such Third-Party Content or Third-Party Product to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.

Third-Party Communications

By providing San-del Writers LLC with your email address and using the Website, you hereby affirmatively consent to the use of your email address for notifications from San-del Writers LLC regarding important service announcements and other administrative communications related to your use of the Website, as well as certain marketing and other advertising communications from San-del Writers LLC and from San-del Writers LLC’s third-party advertising partners , as more fully set forth in San-del Writers LLC’s {Privacy Policy. You will be able to opt out of receipt of certain notifications by following the instructions described in San-del Writers LLC’s Privacy Policy; however, if you do not wish to receive certain service and other administrative notifications related to the Website, your only way to opt out of such messages is to stop using the Website.

San-del Writers LLC disclaims all liability for any communications directed to you from any third-party Person, including any Platform Seller, directly or indirectly in connection with the Website (“Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. San-del Writers LLC assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.

By using the Website, you expressly relieve and hold San-del Writers LLC harmless from any and all liability arising from your use of any Third-Party Communications, including any Losses incurred as a result of any dealings between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.

Representations and Warranties

The Website is available only to Persons and individuals who are eighteen (18) years or older (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such individual’s primary residence), or to individuals who are between the ages of thirteen (13) and eighteen (18) who have their parent or guardian’s permission to use the Website. BY ACCESSING AND USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE), OR HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE WEBSITE IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO, AND TO BE BOUND BY, THESE TERMS OF SERVICE, AND THAT YOU WILL SO ABIDE.

Disclaimers

YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND MERCHANDISE MADE AVAILABLE FOR PURCHASE BY SAN-DEL WRITERS LLC IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SAN-DEL WRITERS LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SUCH CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE OR ANY MERCHANDISE MADE AVAILABLE FOR PURCHASE OR ACTUALLY PURCHASED ON OR THROUGH THE WEBSITE, AND (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SAN-DEL WRITERS LLC’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. SAN-DEL WRITERS LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, MERCHANDISE, OR SERVICE ADVERTISED OR OFFERED OR LINKED BY A THIRD-PARTY PERSON THROUGH THE WEBSITE, AND SAN-DEL WRITERS LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, INCLUDING PLATFORM SELLERS, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WITHOUT LIMITING THE FOREGOING, NONE OF THE RELEASED PARTIES (DEFINED BELOW) WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE. NONE OF THE RELEASED PARTIES SHALL BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER, INCLUDING ANY PLATFORM SELLER. NONE OF THE RELEASED PARTIES WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE RELEASED PARTIES CAN NOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT SAN-DEL WRITERS LLC IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF LIABILITY. THEREFORE, YOU AGREE NOT TO HOLD SAN-DEL WRITERS LLC, PLATFORM SELLERS, OR ANY OF THEIR PAST, PRESENT, AND FUTURE PARENT, SUBSIDIARY, OR AFFILIATE COMPANIES OR ANY OF THEIR RESPECTIVE PAST, PRESENT, OR FUTURE OFFICERS, DIRECTORS, STOCKHOLDERS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, CONTENT PARTNERS, VENDORS, THIRD-PARTY LICENSORS, DISTRIBUTORS, ADVERTISERS, OTHER CONTRACTING PARTIES, AGENTS, REPRESENTATIVES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) LIABLE FOR ANY SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “CLAIMS”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PERSON’S LOSSES (DEFINED BELOW), INCLUDING AS A RESULT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING, WITHOUT LIMITATION, STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY SAN-DEL WRITERS LLC OR ITS AFFILIATES OR LICENSORS, AND ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY OF THE RELEASED PARTIES IS LIABLE FOR ANY LOSSES, IN NO EVENT WILL SUCH PERSON’S AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

YOU AND SAN-DEL WRITERS LLC AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS AND THAT NEITHER YOU NOR SAN-DEL WRITERS LLC WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR SAN-DEL WRITERS LLC ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND SAN-DEL WRITERS LLC FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, SAN-DEL WRITERS LLC, AND ALL OTHER PARTIES TO ANY SUCH PROCEEDING.

Indemnification

You hereby agree to indemnify, defend, and hold harmless the Released Parties from and against any and all losses, liabilities, damages, costs, or expenses (including attorneys’ fees and costs) (collectively, “Losses”) arising out of or in connection with any Claim brought by any Person based on (i) your use of, or inability to use, the Website; (ii) any breach of any representation, warranty, covenant, or obligation of yours under these Terms of Use; (iii) any Registration Data transmitted by you to San-del Writers LLC; (iv) Content posted by you onto the Website; (v) your violation of any applicable local, state, federal, or international law or regulation; or (v) your violation of any rights of any third-party Person, including, but not limited to, any intellectual property rights. San-del Writers LLC shall promptly notify you of any such Claim, and you shall assume control of the defense of such Claim upon San-del Writers LLC’s request. San-del Writers LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any Claim without the written consent of San-del Writers LLC.

Website Access Requirements; Errors and Corrections; Updates and Maintenance

Access to and use of the Website requires a compatible mobile device/web browser and Internet connection. Although San-del Writers LLC works to ensure that the Website is compatible across various devices, San-del Writers LLC cannot guarantee that the Website will work with all devices.

It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the Website may vary in functionality, availability, and quality depending on the type of the device and the operating system that you use and San-del Writers LLC accepts no responsibility for any lack of functionality that is due to your equipment (including your device, Internet connection, operating system, or settings and software).

It is your responsibility to pay for all costs and expenses that you may incur while using the Website (including, but not limited to, all telephone call or line charges or Internet data service access charges).

San-del Writers LLC does not represent or warrant that the Website or Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. San-del Writers LLC does not warrant or represent that the Website or Content will be correct, accurate, timely, or otherwise reliable. Your access to the Website may be interfered with by numerous factors outside of San-del Writers LLC’s control including, without limitation, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. San-del Writers LLC is not responsible for and will have no liability for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Website. In addition, perfect security does not exist on the Internet; San-del Writers LLC cannot and does not guarantee that any Registration Data or other personally identifiable information relating to you submitted to the Website will not become public under any circumstances.

San-del Writers LLC may in the future, at its sole discretion, update the Website to change the Website Content and/or features thereof at any time (an “Update”). San-del Writers LLC shall not be liable to any User in any way as a result of any temporary suspension of the Website or Content arising from or in connection with an Update. Furthermore, San-del Writers LLC is under no obligation to undergo an Update of the Website to the extent any Website Content, Seller Content, and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you herein shall apply in full to any Update.

Privacy

Your privacy is very important to San-del Writers LLC. To understand San-del Writers LLC’s practices, please review the Privacy Policy, which is incorporated by reference into these Terms of Use and also governs your use of the Website. Likewise, you represent and warrant that you will respect the privacy, property, and data protection rights of Users.

Children’s Privacy

The privacy of children is of the utmost importance, and San-del Writers LLC is committed to complying with the Children’s Online Privacy Protection Act (COPPA). San-del Writers LLC does not knowingly collect, use, or disclose personal information from or regarding children under the age of thirteen (13). If San-del Writers LLC ever discovers that it has inadvertently collected personal information from a child under the age of thirteen (13) on or through the Website, San-del Writers LLC will delete it from its records as soon as possible. If you are a parent or legal guardian of a child under the age of thirteen (13) and believe that San-del Writers LLC has collected personal information from your child, please email contact@San-del-Writers.com and San-del Writers LLC will take steps to delete such personal information from its records as soon as possible.

Contact

Questions or comments about the Website or San-del Writers LLC’s services or these Terms of Use should be sent by email to contact@San-del-Writers.com.