Terms and Conditions

Last updated on 12 April 2024

By using this website or ordering any merchandise from Northshire Booksellers, LLC, or its related companies ("Northshire", “us”, “our”, “we”), you acknowledge that you (“You”, “User”) have read and understand these terms and conditions of use ("Terms") and agree to be bound by them, to the extent permitted by applicable law.  Certain products, features, and services of offered by Northshire may be subject to additional guidelines or terms which will be posted on the Site or in store.  All such additional guidelines or terms are incorporated by reference into these Terms.  Northshire retains the right to change or modify these Terms at its sole discretion. Please review these Terms to ensure your acceptance. If you do not agree to these Terms, you are not authorized to use this website or to purchase any merchandise from this website.

 PLEASE BE AWARE THAT SECTION 17 OF THESE TERMS CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE MAY HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF YOUR ACCEPTANCE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.  UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

  1. Accounts

 

    1. Account Creation.  To use certain features of the website, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site.  Company may suspend or terminate your Account in accordance with these Terms.

 

    1. Account Responsibilities.  You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You may not allow others to use your Account; this includes furnishing your username and password to third-party developed applications or sharing with other individuals.  You agree to immediately notify Northshire of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  Northshire cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

 

    1. Membership.  Upon registering for an Account, you will eligible to become a Northshire member to receive certain services, features, discounts, gifts, promotions, and other features that will be detailed on the website (“Membership”).  You must provide complete and accurate registration information to complete the Membership process, and notify us if any of your information changes.  Membership pricing, duration, services, features, and other Membership information will be made available on the Site and may be subject to change at any time.

 

    1. Individual Personal Membership.  Memberships are made available on an individual basis.  Only one person may hold a Membership. Memberships may not be used in a commercial setting without the express advance written permission of Northshire.  Any violation of this provision may result in a fee increase, removal of features, suspension of your Account, and/or termination of your Account.

 

    1. . Billing Cycles & Auto-Renewal.  If you have an auto-renewable Membership, the Membership continues until it is canceled in accordance with these Terms and the terms of your selected Membership program.  Membership program terms are available on the membership page of the website.  By purchasing a Membership, you acknowledge that your Membership has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Membership.  We will give you adequate notice prior to your renewal occurring. To change or terminate your Membership, please log-in to your account or contact us at webmaster@northshire.com.

 

    1.  Payment. Members agree to pay the fee specified when Membership is purchased (plus any applicable taxes and other charges). Any agreement you have with your payment provider governs your use of your specified payment method.  Your failure to terminate and/or continued use of your Membership reaffirms that we are authorized to charge you for that Membership. We maintain our right to seek payment directly from you.

 

    1. Payment Method. You may be asked to provide an accepted payment method (such as a credit or debit card number) to activate your Membership. You represent and warrant that you have the legal right to use all payment method(s) that you provide to us. Your authorizations in this section also apply to our third party payment processors and any other companies who act as billing agents for us. You hereby authorize us to charge your specified payment method on a frequency that is consistent with your selected Membership billing cycle, in advance, for your Membership(s) and/or to place a hold on your payment method with respect to any unpaid charges for your Membership(s). You authorize the issuer of your selected payment method to pay any amounts described herein, and you agree that these Terms shall be accepted as authorization to the issuer of the payment method to pay any amounts described herein, without requiring a signed receipt from you. You authorize us to continue to attempt to charge and/or place holds with respect to all sums due on your Account, or any portion thereof, to your payment method until such amounts are paid in full. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. You acknowledge and agree that neither Northshire, nor any Northshire agent, will have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of attempts to charge, and/or place holds on, your specified payment method as contemplated by these Terms. If you provide a debit card number instead of a credit card number, you authorize all charges described herein to be applied to such debit card unless and until you provide a credit card number.

 

    1. Promotions.  Northshire may offer additional promotions or discounts related to Memberships from time to time. Please read the details of those offers carefully, as any additional terms presented to you during the signup process will form part of these Terms. Unless specified in writing, all discount offers that require a payment are non-refundable. Any free trial or other promotion must be used within the specified time frame of the trial or promotion. You may be required to have a valid payment method on file to initiate a free trial; in this case, if you do not cancel before your free trial period ends, your account will be converted to a paid Membership and will be charged in accordance with these Terms.

 

    1. Third-Party Payment Processors. You agree to pay us, through our third-party payment processors, all charges at the prices then in effect at the time of purchase. Unless another payment method is used at the time of your purchase, you agree to make payment using the payment method you provide when you set up your account. We reserve the right to correct, or to instruct our payment processors to correct, any errors or mistakes, even if payment has already been requested or received.

 

  1. License

Your use of this website is under a non-transferable, non-exclusive, revocable, limited license solely for your personal use. This license does not include: (a) the right to download (except for page caching), modify, reproduce, make derivative works of, disassemble, or resell any part of the website's content;  (b) the right to use any robot, spider, data miner, or other means to extract and gather data from the website; (c) the right to build a similar or competitive website, product, or service, or (d) otherwise use this website or any of its content in any manner other than the manner in which it is intended to be used, unless you first obtain Northshire’s express written consent.

You acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the website and its content are owned by Northshire or Northshire’s suppliers.  Neither these Terms (nor your access to the website) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in these Terms.  Northshire and its suppliers reserve all rights not granted in these Terms.  There are no implied licenses granted under these Terms.

If you provide us with any feedback or suggestions regarding the website, our products, services, or features (“Feedback”), you hereby assign to Northshire all rights in such Feedback and agree that Northshire shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  We will treat any Feedback you provide as non-confidential and non-proprietary.  You agree that you will not submit to Northshire any information or ideas that you consider to be confidential or proprietary.

  1. Pricing

The prices for items on this website are subject to change. It is possible for the price of an item to change between the time you add it to your shopping cart and the time you check out.

Occasionally, an item may be mispriced on the website. In that case, the mispriced item would appear at the incorrect price even upon checkout. If the correct price of an item is higher than the price shown on the website or at checkout, Northshire may, in its sole discretion, do any one of the following: (1) contact you before shipping the item to notify you of the correct price and receive instructions from you as to whether you want to purchase the item at the correct price; (2) cancel the order and notify you of the cancellation; or (3) ship the item to you at the incorrect price. The transaction will not be complete until Northshire has charged your credit or debit card, or processed another method of payment.

  1. Termination of Usage

Northshire may issue a warning, temporarily suspend, indefinitely suspend, or terminate your right to use or access all or any part of this website, including any account hereon, without notice, for any reason in Northshire’s sole discretion, including, without limitation, violation of the Terms or Northshire’s belief that such use or access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Northshire or another user.

  1. Product Descriptions

The website may make available listings, descriptions, and images of goods, services, discounts, coupons, or organizations (collectively, “Products”), as well as references and links to Products. Such Products may be made available by Northshire or by third parties, and may be made available for any purpose, including general information purposes. The availability in our stores, at our events, or through the website of any listing of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. Northshire attempts to make its Product descriptions as accurate as possible. However, Northshire does not warrant that the descriptions or other content on this website are accurate, reliable, complete, or current. If you receive an item from Northshire that is not as it was described on the website, your sole remedy is to return it unused for a refund.  Information and the availability of any Product are subject to change at any time without notice and may be at the discretion of Northshire or the third party providing the Product.

  1. Privacy

Please review Northshire’s Privacy Policy to develop an understanding of Northshire’s privacy practices The Privacy Policy is part of these Terms and its provisions are incorporated herein by this reference. By using this website, you agree and consent to use of your information under these Terms and Northshire’s Privacy Policy.

  1. Trademarks & Copyrights

Northshire, or third parties from whom Northshire has permission, own the trademarks or service marks that are used on this website. All rights are reserved. These and other graphics, logos, service marks, trademarks, and trade dress of Northshire and its licensors may not be used without prior written consent of Northshire or its licensor, as the case may be. Without limiting the foregoing, no Northshire trademark or trade dress may be used in connection with any any non-Northshire product or service, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Northshire or its brand.  If you have reason to believe that material on this website infringes your copyright, please see our DMCA Notice.

All proprietary content and materials on this website, including, without limitation, this website's layout, organization, and design, are protected by copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws. You agree to comply with all applicable laws by not copying or using proprietary content, except as allowed by these Terms or by written consent of the owner of the proprietary rights.

  1. Parental Controls

Northshire publishes information provided to us by other information content providers.  Parents or guardians may believe that some of the content on the website may not be suitable for minors.  Accordingly, and pursuant to 47 U.S.C. Section 230(d) as amended, we notify you that various parental control protections are commercially available that may assist you in limiting access to certain material.  A web search for parental controls should provide various suggested tools.

  1. Third-Party Sites

This website may contain links to other unrelated websites on the Internet. Northshire is not responsible for the content, accuracy, copyright compliance, decency standards, or other materials on such sites. Northshire makes no representations or warranties regarding the security of any information you make available to such websites. Northshire is not liable for any loss or damages incurred as the result of your business dealings with such third parties. You use all use these third party sites at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the third party links the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  

  1. Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE AND ALL CONTENT AND SERVICES MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED BY NORTHSHIRE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW AND SUBJECT TO THE PARAGRAPH BELOW, NORTHSHIRE WILL NOT BE LIABLE FOR LOST PROFITS OR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, RESULTING FROM YOUR USE OF THIS WEBSITE, ITS CONTENT, OR SERVICES. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THIS WEBSITE, INCLUDING LOSS OF DATA, OR DAMAGE TO YOUR COMPUTER OR OTHER EQUIPMENT. NORTHSHIRE DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR EMAIL SENT FROM THIS SITE ARE FREE FROM VIRUSES OR OTHER HARMFUL EFFECTS.

IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

  1. Indemnification

You will indemnify and hold Northshire (and its owners, officers, directors, employees, contractors, and agents) harmless from any claim, demand, loss, liability, costs, or expenses (including reasonable attorney fees), made by any third party arising out of your misuse of this website, your breach of these Terms, or your violation of the law or any rights of a third party. Northshire reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. Northshire will use commercially reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

  1. Risk of Loss

The risk of loss and title for all items purchased from this website passes to you upon delivery of the item to the carrier.

  1. Severability

If any provisions of these Terms are deemed to be invalid or unenforceable for any reason, such offensive provisions shall be severed to the extent required to conform to applicable law, and the remaining portions of these Terms shall remain in full force and effect to the maximum extent permitted by law.

  1. Applicable Law; Jurisdiction.

 

Northshire’s services are created and controlled by Northshire Booksellers, LLC, in the State of Vermont. The laws of the State of Vermont will govern the Terms, without giving effect to any principles of conflicts of laws.  Both Northshire and you agree to submit to the nonexclusive personal jurisdiction of the courts located within Bennington County, Vermont and waives any objection to the laying of venue of any litigation in said courts.
 

  1. Force Majeure

 

Neither Party shall be liable for any failure or delay in performance under these terms (other than for delay in the payment of money due and payable in accordance with these terms) for causes beyond the party’s reasonable control and not caused by that party’s fault, or negligence, including, but not limited to, “acts of God”, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems, computer attacks or malicious acts, such as attacks on or through the internet, any internet service provider, telecommunications or hosting facility, but in each case, only if and to the extent that the non-performing Party is without fault in causing such failure or delay, and the failure or delay could not have been prevented by reasonable precautions and measures and cannot reasonably be circumvented by the non-conforming Party through the use of alternate sources, workaround plans, disaster recovery, business continuity measures or other means. Dates by which paid for performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.

 

  1. Electronic Communications.

 

The communications between you and Northshire use electronic means, whether you use the website or send us emails, or whether Northshire posts notices on the website or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Northshire in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Northshire provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

 

  1. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND NORTHSHIRE TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

Any dispute or claim arising from, relating to, or connected with these Terms, the products offered by, or the services provided by Northshire will be resolved by binding arbitration (NOT IN COURT). All claims submitted to arbitration under these Terms will be administered by the American Arbitration Association under its Commercial Arbitration Rules (including the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be the State of Vermont or, where limited by applicable law, the jurisdiction in which you reside or may be conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. Notwithstanding this Section, we may bring a claim for injunctive or other equitable relief in any court of competent jurisdiction as necessary to enforce our intellectual property rights or those of our affiliates, suppliers, or licensors.

WAIVER OF CLASS ACTIONS. We each agree that any claim will be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise. WE EACH AGREE THAT WE ARE KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVING ANY RIGHT WE MAY HAVE TO A JURY TRIAL WITH RESPECT TO ANY LITIGATION ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE DIGITAL CONTENT TERMS OF SALE.

OPTION TO OPT-OUT. To opt out of the arbitration and class-action waiver terms in this Section, you must notify us in writing within 30 days of the date that you first accept these Terms (unless a longer period is required by applicable law). You must mail your written notification as follows:

Northshire Booksellers, LLC

Attention: Director of Operations

4869 Main Street

Manchester Center, Vermont 05255

Your written notification must include your name, address and an unequivocal statement that you want to opt-out of this arbitration agreement.

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have must be filed within one (1) calendar year after such claim or cause of action arises, or forever be barred.

For purposes of any claim that is not subject to the arbitration procedures in this Section, we both agree to the governing law and jurisdiction as set out above.

  1. Entire Terms

The Terms, including all documents referenced herein, represents the entire understanding between you and Northshire regarding your relationship with Northshire, and supersedes any prior or contemporaneous statements or representations. Headings used in the Terms are for reference only and shall not affect the meaning of any terms. As used in these Terms, “including” means “including, without limitation.” Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Northshire’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Northshire may freely assign these Terms.