These are the terms and conditions (the “Agreement”) governing the Shop Catalog Membership Program (the “Program”) available to individuals who are eighteen (18) years of age or older. Please read this Agreement carefully. This Agreement is a legally binding contract between The Thought & Expression Company, LLC (“we”,“us” or “our”) and any person who joins the Program (“you” or “your”). By joining the Program, you agree to be bound by the terms of this Agreement and the terms of our Privacy Statement as such terms may be modified by us from time to time in our sole discretion. As used in this Agreement, the word “including” means including, without limitation.
AUTOMATIC RENEWAL AND CANCELLATION. This is an automatic renewal Program, which means that your membership in the Program will renew automatically (either monthly or annually, depending on the option you select) and the fee to participate in the Program (the “Program Fee“) will be charged automatically to your payment card until you cancel your membership. Once paid, the Program Fee for any month or year is non-refundable. Unless you cancel your membership before a Program Fee is posted to your account, your membership will renew automatically. You can cancel your membership at any time in accordance with Section 4 below. If you decide to cancel, your membership will automatically expire at the end of your then-current membership term.
BINDING ARBITRATION – NO CLASS ACTIONS. ANY DISPUTES CONCERNING THIS AGREEMENT ARE SUBJECT TO BINDING ARBITRATION ON AN INDIVIDUAL BASIS IN ACCORDANCE WITH SECTION 10 BELOW. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.
By clicking “I AGREE” or “JOIN NOW” or taking similar affirmative action to join the Program, you acknowledge that you have read, understand and accept all the terms of this Agreement without modification. IF YOU DO NOT ACCEPT ALL OF THE TERMS OF THIS AGREEMENT WITHOUT MODIFICATION, PLEASE DO NOT JOIN THE PROGRAM. Your continued participation in the Program following any modifications to this Agreement constitutes your acceptance of those modifications.
1. Program Benefits
The Program is a paid membership program that provides members with the following benefits:
- Twenty Percent (20%) discount on all books purchased through Shop Catalog (discount does not apply to purchases through Amazon, Amazon Kindle, Apple Books or other retailers);
- Five Percent (5%) discount on all other merchandise purchased through Shop Catalog (discount does not apply to purchases through Amazon or other retailers);
- First peek at new book and product releases; and
- Early access to special promotions, preorders, author interviews, and more.
Program benefits will apply to eligible purchases, which are made while your membership is active. Your membership will be activated on the date you join the Program; your membership will be deactivated on the date your membership is terminated or expires. Participation in the Program is voluntary and not required to complete any transaction or sale, including any credit or debit card transaction.
2. Program Exclusions and Limitations
In addition to the exclusions set forth in Section 1 above, Program discounts cannot be used toward the purchase of gift cards, shipping and handling or toward applicable taxes. Neither membership in the Program nor membership benefits are transferable or assignable to, and may not be used by, any person other than the person who joined the Program. The Program is not available to business enterprises or corporate entities. Business enterprises and corporate entities may contact us email@example.com for details about Shop Catalog wholesale and bulk purchase discounts.
3. Program Fees, Automatic Renewals and Payment Processing
The Program Fee is Five Dollars (USD $5.00) per month for a monthly membership and Forty Dollars (USD $40.00) per year for an annual membership. Both monthly and annual memberships are subject to any applicable taxes. If you join the Program, you hereby authorize us, or third party payment processors acting on our behalf (without further notice to you), to collect and charge the then-applicable Program Fee and any applicable taxes, each month or each year using the payment card you provide to us. Once paid, the Program Fee for any given month or year is non-refundable. Section 4 below describes how you can cancel your membership.
For monthly memberships, your membership in the Program will renew automatically each month on or about the day of the month that you joined the Program. For annual memberships, your membership in the Program will renew automatically each year on or about the anniversary of the date you joined the Program.
If your payment card is declined, you agree that we may continue attempting to process your Program Fee until the charge is approved by your payment card issuer. If necessary, you agree to provide us with an alternate payment card to process any charges owed by you. We and any of our third-party payment service providers may request, and may receive from any of your payment card issuers or any payment card network, updated payment card information, such as cancellation of any payment card account, updated payment card numbers or updated expiration dates. If updated information is provided to us or any of our third-party payment service providers, we may use that information to process any payment that you have authorized us to charge such payment card. By enrolling in the Program, you hereby authorize us and our third-party service providers to update your payment card information and charge your payment card using any such updated payment card information. Your payment card issuer may allow you to opt-out of providing updated payment card information. For more information, please contact your payment card issuer.
The Program Fee is subject to change, in our sole discretion, from year to year. However, if we increase the Program Fee, we will provide you with at least thirty (30) days advance notice of the increase and the opportunity to cancel your membership before the new Program Fee takes effect.
4. How to Cancel Your Membership
You may cancel your membership at any time by selecting the CANCEL button in the MY ACCOUNT page of your membership account portal. To access your membership account portal, visit https://shopcatalog.com/my-account/. If you need assistance with canceling your membership, you may email us at firstname.lastname@example.org with the words “Cancellation Assistance” in the subject line of your email.
Once paid, Program Fees are non-refundable. Therefore, unless you cancel your membership before a Program Fee is posted to your account, your membership will automatically renew for another month (for monthly members) or for another year (for annual members).
If you decide to cancel your membership, your membership will automatically expire at the end of your then-current membership term. You may continue to take advantage of your membership benefits until your membership expires.
If you wish, you can opt-in to receive membership renewal reminders via email by adjusting your settings in the MY ACCOUNT page of your membership account portal. To access your membership account portal, visit https://shopcatalog.com/my-account/. If you opt-in to membership renewal reminders, we will send you a renewal reminder three (3) days prior to the expiration of your then-current subscription term.
5. Accuracy of Your Information
You agree to provide us with accurate and current personal information in connection with your membership. Such information includes your name, postal mailing address, email address and telephone number. You are responsible for ensuring that all of your membership information is up-to-date and accurate. You can update your membership information by updating your member profile data through your settings in the MY ACCOUNT page of your membership account portal.
6. Consent to Electronic Communications
By joining the Program, you consent to receive electronic communications about the Program and your membership. These communications may include your personal information and information concerning the Program Fee and your membership. Electronic communications may be reviewed by any party, including us, with access to your membership, the email account you have provided to us for delivering electronic communications, or the hardware or software you use to view your membership information or your email account. You should print or download a copy of this Agreement and any other electronic communications that are important to you. If you wish to withdraw your consent to receive future electronic communications, you must unsubscribe from the Program online in order to completely withdraw your consent to receive electronic communications. Any withdrawal of your consent to electronic communications will be effective only after we have reasonable time to process your withdrawal request.
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) PARTICIPATION IN THE PROGRAM AND USE OF ANY OF ITS ASSOCIATED BENEFITS IS AT YOUR SOLE RISK; (B) THE PROGRAM AND ITS BENEFITS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (C) WE AND ALL OF OUR AFFILIATES, INCLUDING OUR AND OUR AFFILIATES’ DIRECTORS, OFFICERS, MEMBERS, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, “PROGRAM PROVIDERS“) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; AND (D) PROGRAM PROVIDERS MAKE NO WARRANTY THAT: (I) THE PROGRAM WILL MEET YOUR REQUIREMENTS; (II) THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; OR (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU IN CONNECTION WITH YOUR USE OF THE PROGRAM WILL MEET YOUR EXPECTATIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (X) PROGRAM PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR APPLICATION FOR MEMBERSHIP IN, YOUR PARTICIPATION IN, YOUR MEMBERSHIP IN AND/OR THE TERMINATION OR EXPIRATION OF YOUR MEMBERSHIP IN, THE PROGRAM; AND (Y) THE FOREGOING IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES, LOSS, MISAPPROPRIATION AND/OR THEFT OF DATA, GOODWILL, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY OF ANY KIND, ANY OTHER INTANGIBLE LOSSES AND CLAIMS OF THIRD PARTIES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PROGRAM OR ANY BENEFITS THEREOF; (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 IN CONNECTION WITH THE PROGRAM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR PROGRAM DATA; OR (IV) ANY OTHER MATTER RELATING TO THE PROGRAM OR YOUR MEMBERSHIP.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE MAXIMUM COLLECTIVE LIABILITY OF THE PROGRAM PROVIDERS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, HOWEVER ARISING, SHALL BE EQUAL TO THE GREATER OF (A) THE PROGRAM FEES ACTUALLY PAID BY YOU TO THE PROGRAM PROVIDERS IN EXCHANGE SOLELY FOR THE RIGHT TO USE THE PROGRAM IN THE PREVIOUS TWELVE (12) MONTHS; OR (2) ONE HUNDRED U.S. DOLLARS (USD $100.00). EXCEPT AS MAY BE PROHIBITED BY APPLICABLE LAW, THE LIMITATIONS SET FORTH HEREIN SHALL APPLY WITH RESPECT TO ANY THEORY OF LEGAL LIABILITY, INCLUDING BREACH OR REPUDIATION OF CONTRACT, TORT, CIVIL LIABILITY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, BY AGREEING TO THESE AGREEMENT, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK DAMAGES FROM THE PROGRAM PROVIDERS AS SET FORTH HEREIN, AND THAT SUCH LIMITATION REFLECTS A REASONABLE ALLOCATION OF RISK.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES; ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
9. Reservation of Rights
We reserve the right, in our sole discretion, to exclude any person from participating in the Program or to terminate or decline to renew any Program membership, for any reason, including abuse of the Program, failure to abide by the terms of this Agreement, fraud, misrepresentation or other conduct that we consider, in our sole discretion, to be detrimental to our interests. We may, in our sole discretion, assign, transfer, license, or sublicense any or all of our Rights under this Agreement to any third party. No failure to insist upon or enforce strict compliance with this Agreement will constitute a waiver of any provision hereof or any of our rights.
10. Governing Law and Arbitration – NO CLASS ACTIONS
This Agreement is governed by the laws of the United States of America regardless of your domicile, citizenship, or place of residence. Any dispute, claim, or controversy arising out of or relating to this Agreement, including any determination regarding the scope or applicability of the governing law or arbitration, shall be determined by arbitration in Kings County, New York (USA) before a single neutral arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures, as amended by this Agreement. Any appeal shall be heard and decided by a panel of three neutral arbitrators. All arbitrators shall be retired judges of any New York state or federal court, and shall in their substantive rulings (as opposed to procedural or discovery-related rulings that are otherwise governed by JAMS), apply the laws of the State of New York without giving effect to any choice or conflict of law provision or rules that would cause the application of the laws of any jurisdiction other than the State of New York. The award of the arbitrator(s) shall be binding and final on all parties. The arbitrator(s) may not award any incidental, indirect, special, or consequential damages, including damages for lost profits. Judgment on the award rendered may be entered in any court having jurisdiction. YOU UNDERSTAND AND AGREE THAT BOTH WE AND YOU ARE WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS. CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
11. Intellectual Property
All materials associated with the Program, including all designs, texts, graphics, logos, buttons, icons, images, audio clips, software, and any compilation thereof (including the selection, arrangement and assembly thereof) is our exclusive property and is protected by United States and international copyright and other intellectual property laws. Unless specifically indicated by us in writing otherwise, you are granted permission solely to electronically copy and print portions of the Program materials for the sole purpose of using the Program materials for your personal, non-commercial use, subject to this Agreement. Any other use of any Program materials (including any reproduction, modification, distribution, republication, transmission, display or performance) without our prior written permission is strictly prohibited.
12. Entire Agreement
If you join the Program, you are deemed to have accepted the terms of this Agreement. This Agreement represents the entire understanding between you and us concerning the Program, and supersedes any other agreements, statements, understandings, or representations with respect to the Program. It is your responsibility to review the Agreement from time to time to keep informed of modifications to the Agreement. You may view a current version of the Agreement at any time at https://shopcatalog.com/terms-and-conditions-shop-catalog-membership-program/. Headings used in this Agreement are for reference only, and shall not affect the meaning of any terms.
13. Modifications to the Agreement
This Agreement may be modified by us from time to time in our sole discretion. We may notify you of such modifications by any reasonable means, including via email and/or by posting notice of the modifications on this page or on our websites offering the Program. Modifications will be effective immediately upon notice to you; provided however, that if we increase the Program Fee or make material modifications to the Program benefits or exclusions, we will notify you at least thirty (30) days in advance of such modifications and provide you with the opportunity to cancel your membership before such modifications take effect. If you continue to use the Program after this Agreement is modified, or if you do not cancel your membership in the Program despite being provided the opportunity to do so as described above, your continued participation in the Program following any modifications to this Agreement constitutes your acceptance of those modifications. If any provision of this Agreement is found to be illegal, invalid or unenforceable, such provision will be enforced to the maximum extent permissible without affecting the validity, legality and enforceability of the remaining provisions will not be affected or impaired.