Toggle Book Factory Terms of Use

Last Updated: July 24th, 2020

1) Acceptance of Terms; Modification to Terms

Thank you for visiting www.ToggleBookFactory.com, a service of Toggle Book Factory, Inc. (“we” or “us” or “Toggle Book Factory”), a Delaware corporation. We provide our website and services (collectively the “site”) subject to the following terms of service (“Terms”).

By acknowledging these Terms, using the site, uploading any data or ordering products, you are indicating your agreement to be bound by these Terms, including our Privacy Policy, and all revisions thereof. If you do not agree to these Terms, do not accept them and discontinue using and accessing the site. These Terms are applicable to your use of the site regardless of how you accessed the site.

We may modify these Terms at any time. If the modifications to these Terms constitute a material change, in our good faith reasonable judgment, we will notify you via email and/or by posting a notice on the homepage of the site. You should review these Terms from time to time so that you understand the terms and conditions of your use of the site. If you do not agree to any amendment of these Terms, you must immediately stop using the Site. Your continued use of the site after any modification to these Terms constitutes acceptance of the amended Terms.

2) Member Account, Password

If you register on the site, you will receive an email confirming the creation of a Toggle Book Factory account. Activating your account requires the creation of a password. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Toggle Book Factory of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot be liable for any loss or damage arising from your failure to comply with this Section 2.

You represent and warrant that all contact and personal information provided to Toggle Book Factory during the registration process and otherwise shall be accurate and complete. If there are any changes to your contact information, you shall promptly update your registration information with us.

3) Privacy

We will only use any personal information that we may collect about you in accordance with our Privacy Policy. By accepting these Terms, you also accept and consent to our Privacy Policy, which is incorporated into these Terms by reference.

4) Proprietary Rights

You acknowledge and agree that, any data, materials or content, including but not limited to designs, text, photos, images, etc. or other material contained or distributed on or through the site by Toggle Book Factory, or its Representatives (“Content”) is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws, and, as between you and Toggle Book Factory, shall belong to Toggle Book Factory. You may not use, reproduce or distribute any Content without the authorization of the owner of such Content, except for uses permitted by law.

You acknowledge and agree that the site and any software used in connection with the site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All such Software and the site shall remain the property of Toggle Book Factory and you agree not to modify, rent, lease, loan, sell, distribute, reverse engineer or create derivative works based on the site or the Software, in whole or in part.

5) Pricing

Prices for products of Toggle Book Factory are described on our website and are incorporated into these Terms by reference. All prices are for the currency reflected on the Site at the time of purchase. Prices and products may change at Toggle Book Factory’s discretion.

6) Shipping

Title and risk of loss for all products ordered by you shall pass to you on Toggle Book Factory’s, or its agent’s, shipment to the shipping carrier. You shall be responsible for payment of all shipping, insurance, customs charges and other transportation costs for shipment of products ordered by you through the site unless otherwise stated on the site or agreed by Toggle Book Factory (such as through a special offer).

7) Indemnity

You agree to defend, indemnify and hold Toggle Book Factory and Toggle Book Factory’s officers, directors, employees, affiliates, contractors, agents and third-party service providers (collectively, “Representatives”) harmless from all judgments, awards, losses, liabilities, costs, and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) your use of the site, (b) your connection to the site, (c) your violation of these Terms or (d) your violation of any rights of a third party.

8) Termination

You agree that Toggle Book Factory, in its sole discretion, may terminate your username, password, account (or any part thereof) or use of the site, at any time for any reason or no reason. Toggle Book Factory may also in its sole discretion and at any time modify the site, or any portion thereof, or discontinue providing the site, or any part thereof, with or without notice. Further, you agree that Toggle Book Factory shall not be liable to you or any third-party for any termination of your access to the site.

9) Links

The site may provide, or third parties may provide, links to other websites or resources. Because Toggle Book Factory has no control of such sites and resources, you acknowledge and agree that Toggle Book Factory is not responsible for the availability of such 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 Toggle Book Factory 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 site or resource.

10) Deleting Content or Accounts

If you wish to terminate your Toggle Book Factory account, please contact us and request to do so.

If you delete your account, Toggle Book Factory reserves the right to keep any information in its archives that it reasonably determines is necessary to comply with its legal obligations.

11) Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TOGGLE BOOK FACTORY AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOGGLE BOOK FACTORY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

TOGGLE BOOK FACTORY DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE, ITS CONTENT OR ANY PRODUCTS ORDERED THROUGH THE SITE, INCLUDING BOOKS, WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.

12) Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL TOGGLE BOOK FACTORY OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY PRODUCTS ORDERED THROUGH THE SITE. IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR ARE DISSATISFIED WITH YOUR USE OF THE SITE, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND IN THE EVENT THAT ANY PRODUCTS OBTAINED THROUGH THE SITE ARE DEFECTIVE, YOUR REMEDY AND TOGGLE BOOK FACTORY’S SOLE OBLIGATION SHALL BE RETURN OF THE DEFECTIVE PRODUCTS AND, UPON DETERMINATION BY TOGGLE BOOK FACTORY OF SUCH DEFECTS, REFUND OF ANY AMOUNTS PAID BY YOU TO TOGGLE BOOK FACTORY FOR SUCH DEFECTIVE PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree that any claim or cause of action arising out of or related to your use of the site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13) General

If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired.

Toggle Book Factory shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Toggle Book Factory, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

These Terms will be governed by the laws of the State of North Carolina. Toggle Book Factory may elect to resolve any controversy or claim arising out of or relating to these Terms or the site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and you hereby agree to consent to such arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Raleigh, North Carolina, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Raleigh, NC, necessary to protect the rights or the property of you or Toggle Book Factory (or its Representatives), pending the completion of arbitration.

Terms of Use of Toggle Book Factory Gift Card Program

Last Updated: July 24th, 2020

Your use or purchase of a Toggle Book Factory Gift Card, Gift Certificate or other stored value product (collectively, “Gift Cards”) indicates your acceptance of these Terms and Conditions. Except as otherwise provided by law, these Terms and Conditions apply to all Gift Cards, whether purchased online or received from a third party.

    1. Gift Cards may only be redeemed toward the purchase of eligible goods on ToggleBookFactory.com. Eligible goods are subject to change at our sole discretion.
    2. Gift Cards may not be used to purchase other Gift Cards.
    3. Gift Cards are not credit or debit cards and may not be reloaded, resold or used for payment outside of ToggleBookFactory.com.
    4. Maintenance, dormancy or service fees do not apply to balances on Gift Cards.
    5. Gift Cards have no expiration date.
    6. Gift Cards that are lost or stolen will only be replaced, up to the value remaining, with satisfactory proof of purchase. Call 1-877-777-6695 in order to have a lost or stolen Gift Card replaced.
    7. Gift Cards are not redeemable or refundable for cash, except to the extent required by law.
    8. Purchase amounts that exceed the value of the tendered Gift Card will require an additional payment for the balance due.
    9. To obtain your Gift Card balance call toll-free 1-877-777-6695.
    10. Toggle Book Factory, Inc. (the “TBF”) is the issuer of all Gift Cards. TBF is organized in the State of Delaware and the purchase and sale of Gift Cards issued by TBF shall be deemed to be Delaware and shall be subject to the laws of the State of Delaware, without regard to conflict of laws principles.
    11. TBF reserves the right to change the terms of the Toggle Book Factor Gift Card Program at any time without notice, from time to time at its sole discretion. The waiver of TBF of any provision or violation of these Terms and Conditions will not operate or be construed as a modification of these Terms and Conditions or as a waiver of any other violation. If any of these Terms and Conditions are deemed invalid, void or for any reason unenforceable, that unenforceable term or condition will be deemed severable and will not affect the validity or enforceability of any remaining terms and conditions.

 

Toggle Book Factory Return Policy

Last Updated: August 17th, 2020

1) Acceptance of Order

Toggle Book Factory (“we” or “us” or “Toggle Book Factory”) reserves the right to refuse any order. Your order is only valid after being confirmed by Toggle Book Factory, in your order confirmation email. Before submitting an order, you have the opportunity to confirm and approve your customization options before proceeding to check out.

The order confirmation contains details of both your order and the final price. It is your responsibility to immediately notify us of any error(s) that may exist in the order. If we are not informed of an error prior to the order being submitted to the print provider, it is possible that you may receive a product that is different than expected. Toggle Book Factory and our print providers will do everything to ensure that your order is delivered on time, but bears no responsibility if the order does not arrive within the estimated time period set forth in the order confirmation.

2) Changes to Orders

If you contact Toggle Book Factory prior to your customizable book being sent to the print provider, we may grant changes to your order, in our sole discretion.

Changes can be requested via email at help@togglebookfactory.com or via telephone by calling 1-877-777-6695. Changes to orders will only be granted by a written confirmation by Toggle Book Factory. If you are unable to reach us, or if we fail to respond within 24 hours, please send us another email, give us a call or send a message to us on Facebook.

Between 12 and 48 hours after placing your order, your book will be sent to the print provider. At this point, additional changes are not possible as every book is a unique product and created according to the specifications of your order.

If you would like to change the details of an order, you must send us the order number that you received in our confirmation email. We also request that the email address associated with your order be included in the change request.

3) Cancellations

Toggle Book Factory will allow cancellations of orders within 12 hours of placing an order for any reason. Cancellations can be made via email at help@togglebookfactory.com or via telephone by calling the following number: 1-877-777-6695.

If your order has not been delivered within 30 days of the receipt of payment, you may cancel your order, except that for Alaska and Hawaii you may only cancel your order if it has not been delivered within 40 days of the receipt of payment.

If the products delivered are defective, you have the right to cancel your order, provided that you provide such notice of cancellation within 7 days after receiving the product. Please take a photo of the issue(s) and email it to help@togglebookfactory.com. It is also helpful to include the date of the order and the order number.

4) Reprints

If the product delivered was defective or damaged by the print provider or the postal service, you may request a refund or reprint of the order; provided that such request must be received by Toggle Book Factory within 7 days of your receipt of the order. Customers are required to provide satisfactory reasons for the reprint and should send us photo evidence of said damaged or defective goods.

If a replacement is granted, you will be offered a reprint of the same book (including all customization options) free of charge. A reprint will be issued as soon as possible and shipped using the same shipping options chosen at the time of the initial order.

Toggle Book Factory’s goal is to please every customer, however, refunds for defective and damaged books are issued only when Toggle Book Factory deems a replacement or refund applicable. Refunds and replacements are at the sole discretion of Toggle Book Factory.

Once a refund has been granted, a credit will be issued to the credit card or PayPal account used in the original order. Refunds typically take 10-15 business days to process but may take longer during high volume seasons.

If you are granted a refund, shipping costs will not be refunded. Shipping costs may be refunded only if you did not receive the parcel within the number of guaranteed shipment days set forth in Section 3. The refund amount cannot exceed the original shipping costs.

In the event that you discover that you have made an unintentional mistake when ordering a book following the delivery of the said book, we do not offer free reprints or refunds. In such cases, Toggle Book Factory may offer a discount coupon allowing you to reorder the same product for a discounted price.

If there was an unintentional mistake made by Toggle Book Factory or its print provider in the process of creating the book, a reprint will be issued to you free of charge. An additional refund will not be issued in this case.

5) Discount Codes

Discount codes are regularly published on our social media sites and on our website. Discount codes should be applied before the order is placed and cannot be used once the order has been placed. Toggle Book Factory cannot retroactively apply discount codes to orders which have already been placed due to our automated system.

6) Accuracy of Website Content

We make every effort to keep the contents of togglebookfactory.com up to date, but we cannot guarantee its accuracy and completeness. We reserve the right to make changes at any time without prior notice to the website’s content or to the listed products, prices, and/or fees. The content of togglebookfactory.com may be outdated, and we assume no obligation to update it. This also applies to the presentation of the products offered, which may differ from the actual appearance of the products. This does not constitute a valid reason for a return or refund. Certain content on the site may be the product of third parties. We cannot provide any guarantee or responsibility for the accuracy, completeness, timeliness, or reliability of this content.

Toggle Book Factory User Generated Content Terms of Use

Last Updated: August 17th, 2020

1) Acceptance of Terms; Modification to Terms

Toggle Book Factory, Inc. (“we” or “us” or “Toggle Book Factory”), a Delaware corporation, may from time to time reach out to social media users (“you”) to request permission to use your social media content on togglebookfactory.com, our social media channels, and promotional materials.

If you choose to allow us to use your social media content (“User Content”) by replying with any of the following hashtags, you agree to be bound by these terms of use, and all revisions thereof (“Terms”): #togglebookfactory, #togglebooks.

We may modify these Terms at any time. If the modifications to these Terms constitute a material change, in our good faith reasonable judgment, we will notify you via email and/or by posting a notice on the homepage of the site. You should review these Terms each time you authorize us to use your User Content so that you understand the terms and conditions of our use of the User Content.

2) User Content License

You hereby grant to Toggle Book Factory and its affiliates, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns and third-party service providers, and their respective agents, representatives and affiliates (the “Licensed Parties”) a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, fully-paid, transferable, sublicensable right and license to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.

You also grant us the right, at our sole discretion, to use your username, real name, image, likeness, caption, location, descriptions of you, or other identifying information in connection with the use of the User Content. You agree that we have no obligation to use your User Content or your name or other identifying information.

3) Representations and Warranties

You represent and warrant that:

  • You are 18 years or older;
  • You have full power and authority to enter into these Terms;
  • You are solely responsible for your User Content;
  • You own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons or entities who own, manage or otherwise claim any rights with respect to such User Content;
  • The Licensed Parties use of your User Content will not violate any copyright, trademark, patent, trade secret, privacy, moral, proprietary or other intellectual property right of any third party; and
  • The User Content is not unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, inflammatory, libelous, tortious, hateful or otherwise objectionable.

4) Release; Indemnity

You hereby release, discharge and agree to hold the Licensed Parties, and any person action on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.

5) No Confidentiality

The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies.

6) Privacy

We will only use any personal information that we may collect about you in connection with the User Content in accordance with our Privacy Policy. By accepting these Terms, you also accept and consent to our Privacy Policy, which is incorporated into these Terms by reference.

7) Copyright Policy

We respect the intellectual property of others, and we ask you to do the same. If you believe that your User Content has been copied in a way that constitutes copyright infringement, you may provide us with written notification of your claim in accordance with the requirements of the U.S. Digital Millennium Copyright Act of 1998 at the address below:

Marc Mailand
14460 Falls of Neuse Rd.
Suite 149-2020, Raleigh, NC 27614
Telephone:1(877)777-6695
help@togglebookfactory.com

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Please note that the information provided in your notification, including any personal information contained therein, may be forwarded to the person who has provided the allegedly infringing content, and your sending us such notification constitutes your consent to share this information with the alleged infringer. Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You may wish to contact an attorney for legal assistance on this matter prior to submitting a notification.

8) Proprietary Rights

You acknowledge and agree that any data, materials or content, including but not limited to designs, text, photos, images, etc. or other material contained or distributed on or through the site by Toggle Book Factory, or its officers, directors, employees, affiliates, contractors, agents and third-party service providers (“Content”) is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws, and, as between you and Toggle Book Factory, shall belong to Toggle Book Factory. You may not use, reproduce or distribute any Content without the authorization of the owner of such Content, except for uses permitted by law.

9) General

If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired.

Toggle Book Factory shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of Toggle Book Factory, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances.

These Terms will be governed by the laws of the State of North Carolina. Toggle Book Factory may elect to resolve any controversy or claim arising out of or relating to these Terms or the site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association and you hereby agree to consent to such arbitration. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Raleigh, North Carolina, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Raleigh, NC, necessary to protect the rights or the property of you or Toggle Book Factory (or its Representatives), pending the completion of arbitration.