WHEN YOU VISIT MEDICALLY INSPIRED READING ABOUT CHALLENGING LIFE EXPERIENCES ONLINE BOOKSTORE, INC.
YOU ARE CONSENTING TO OUR
TERMS AND CONDITIONS OF USE
Welcome to our website!
Website Usage:
If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
Terms and Conditions of Use
READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES.
"MIRACLE Online Bookstore, Inc.” is an interactive on-line service at https://www.miracleonlinebookstore.com/ (the “Site”) owned and operated by Medically Inspired Reading About Challenging Life Experiences Online Bookstore, Inc., an Illinois Corporation (“MIRACLE, Inc.”), consisting of information services and content provided by MIRACLE, Inc., affiliates of MIRACLE, Inc. and other third parties. Your use of the Site is an acknowledgment that you intend to be bound by these Terms and Conditions of Use (the “Agreement”).
Grant of Rights. MIRACLE, Inc. grants you a non-exclusive, non-transferable, limited right to access, use and display Internet access services provided by MIRACLE, Inc., including, without limitation, news groups, bulletin board services, and any other services which MIRACLE, Inc. may offer. Your right of access and use shall be referred to in this Agreement as a “Services Account” and the Internet access services provided by MIRACLE, Inc. shall be collectively referred to in this Agreement as the “Services.”
Content. You recognize that you are solely responsible for the content of any information you make available by means of the Services, including, without limitation, information posted on the Site or in e-mail, or in a bulletin board service. MIRACLE, Inc. has the right to monitor the content which you or other users post through use of the Services, but shall have no obligation to do so. Your agree that if MIRACLE, Inc., in its sole discretion, deems any content made available by you to be unlawful, fraudulent, unacceptable, offensive, obscene or otherwise objectionable, MIRACLE, Inc. has the right, but not the obligation, to remove or deny access to such content. You expressly agree that MIRACLE, Inc. shall not be liable for any action MIRACLE, Inc. takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. MIRACLE, Inc. has the right to take all reasonable actions to remove or restrict access to any such material, including restriction, suspension or termination of your access privileges and/or deletion of the objectionable material.
Proprietary Materials. Material accessible to you through the Services may be the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. Except as expressly permitted by the owner of such rights, you may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material.
Member Conduct.
Prohibited Uses. You agree not use the Services to:
(i) violate any law or regulation, or facilitate the violation of any law or regulation;
(ii) violate, plagiarize, or infringe on the intellectual property or contractual rights of any third party, including copyright, trademark, service mark, patent, trade secret, confidentiality, or other rights;
(iii) transmit abusive, hateful, inflammatory, harmful, threatening, harassing, tortious, or racially, ethnically, or otherwise objectionable material;
(iv) transmit libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material;
(v) transmit a software virus, Trojan Horse, time bomb, or any other malicious, harmful, or software-disabling code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(vi) export anything in violation of any law, rule, or regulation governing exports from the United States;
(vii) transmit material that is libelous, defamatory, or invades any privacy or publicity rights of any third party;
(viii) impersonate any other person or otherwise falsely states or otherwise misrepresents an affiliation with a person or entity, including but not limited to MIRACLE, Inc.;
(ix) promote violence, drug use, illegal gambling, or other criminal activity;
(x) transmit material that is harmful to minors;
(xi) transmit information which may violate any law, rule, regulation, ordinance, or requirement to which you or MIRACLE, Inc. are subject;
(xii) violate the security of the MIRACLE Online Bookstore; or
(xiii) attempt to utilize another user’s account name or persona without authorization from that user.
No Mass Mail. You agree not to use the Services in connection with:
The sending of the same or substantially similar unsolicited email message, whether commercial or not, to a large number of recipients. You further agree not to send unsolicited mass mailings from another service which in any way implicates the use of the Services, MIRACLE, Inc. equipment or any MIRACLE, Inc. email address. For purposes of this provision, merely making one's email address accessible to the public shall not constitute a request or invitation to receive messages. For each violation of this provision, you agree to pay MIRACLE, Inc. damages to compensate for any losses you may have, including the loss of goodwill, but, where warranted, such as in the case of an accidental transmission, MIRACLE, Inc. may waive all or part of any applicable charge. Payment under this provision shall not prevent MIRACLE, Inc. from seeking to obtain other legal remedies, including other damages or an injunction.
Copyright Complaints. MIRACLE, Inc. respects the intellectual property rights of others, and requires that the people who use the Site do the same. In appropriate circumstances, MIRACLE, Inc. will terminate the registration of any user who engages in any activity which may infringe on the intellectual property rights of others, including copyrights.
All copyright complaints, including complaints under the Digital Millennium Copyright Act, may be sent to our designated agent at:
MIRACLE Online Bookstore, Inc.
Attn: Complaints Department
P.O. Box 4718
Chicago, IL 60680-4718User Information.
Confidentiality of Passwords. You are solely responsible for maintaining the confidentiality of passwords, and agree that MIRACLE, Inc. will have no obligations with regard thereto.
Compliance with Investigations. MIRACLE, Inc. reserves the right to reveal any of your registration data or other information in its possession in cooperation with a request or investigation by any governmental body or governmental agency.
Confidentiality. You acknowledge that transmissions made by means of the Services are not confidential and that communications may be read or intercepted by others. You acknowledge that by transmitting materials by means of the Services, no confidential, fiduciary, and contractually implied or other relationship is created. For more information, see our full Privacy Policy.
Indemnity. You hereby agree to indemnify, defend and hold harmless MIRACLE, Inc. and its employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates"), from and against any and all liability and costs incurred by the Affiliates in connection with any claim arising out of your breach of any of the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. MIRACLE, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification and you shall, in any event, not settle any matter without the written consent of MIRACLE, Inc.
Disclaimer of Warranty. THE SERVICES (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MIRACLE, INC. MAKES NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, MIRACLE, INC.’S NEGLIGENCE.
Limitation of Liability. In no event will MIRACLE, Inc., or any person or entity involved in creating, producing or distributing the MIRACLE Online Bookstore, Inc. or MIRACLE, Inc. software, is liable for any damages, including, without limitation, direct, indirect, incidental, special, and consequential or punitive damages arising out of the use of or inability to use the MIRACLE Online Bookstore, Inc. You hereby acknowledge that the provisions of this section shall apply to all content on the MIRACLE Online Bookstore, Inc. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. In no event shall MIRACLE, Inc.’s total liability for all damages, losses, or causes of action exceed five hundred dollars ($500.00).
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that MIRACLE, Inc. is not liable for the defamatory, offensive or illegal conduct of the other users or third-parties and that the risk of injury from the foregoing rests entirely with you.
In addition to the terms set forth above neither MIRACLE, Inc., nor its Affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within MIRACLE Online Bookstore, Inc., or for any delay or interruption in the transmission thereof to you, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. MIRACLE, Inc., its Affiliates, information providers or content partners shall have no liability for investment decisions based on the information provided. Neither MIRACLE, Inc., nor its Affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
In many instances, the content available through the MIRACLE Online Bookstore, Inc. represents the opinions and judgments of the respective information provider or other users not under contract with MIRACLE, Inc. MIRACLE, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the MIRACLE Online Bookstore, Inc. by anyone other than authorized MIRACLE, Inc. employee spokespersons while acting in their official capacities. Under no circumstances will MIRACLE, Inc. be liable for any loss or damage caused by your reliance on information obtained through the MIRACLE Online Bookstore, Inc. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through MIRACLE Online Bookstore, Inc. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
The information contained within the Site has been prepared for informational purposes only and is not intended to provide any medical or legal advice. The information on the MIRACLE Online Bookstore, Inc. is not intended to diagnose, assess or treat any specific, individual emotional, mental or medical concerns.
By publishing or submitting any content including, articles, stories, postings and photographs to any part of the MIRACLE Online Bookstore, Inc. you give permission that such content may be used at the sole discretion of MIRACLE, Inc. anywhere else on the Site, for any purpose, in its original or edited form, at any time in the future. Content will not be sold without permission of the original author or owner.
No Transfer of Services Account. You may not transfer a Services Account to another party or entity without the prior written approval of MIRACLE, Inc., and any such transfer of a Service Account is subject to any limits established by MIRACLE, Inc.
Modifications to Agreement. MIRACLE, Inc. has the right to modify this Agreement at any time. Any modification is effective immediately upon either a posting on the MIRACLE Online Bookstore, Inc. home page, or upon notice by email, or U.S. mail. Continued use of the Services following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). The only right accruing with respect to your dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of MIRACLE, Inc. in providing the Services, including, without limitation, (i) any change in the content of the Services, or (ii) any change in the amount or type of fees for Services, is to terminate membership by delivering notice to MIRACLE, Inc. Such notice will be effective upon receipt by MIRACLE, Inc.
Termination of Services. In addition to any other rights of the parties set forth herein, you and/or MIRACLE, Inc. may terminate this Agreement at any time. MIRACLE, Inc. also reserves the right to restrict, suspend or terminate the Services in whole or in part, without notice, (i) with respect to any breach or threatened breach of Sections 3 or 4 of this Agreement, or (ii) for any other reason, at the sole discretion of MIRACLE, Inc. If MIRACLE, Inc. terminates your Services Account pursuant to this Section 13, MIRACLE, Inc. reserves the right to deny you access to the Site in whole or in part, including, without limitation, removing you from MIRACLE, Inc. server, and to refuse to provide any further service following such termination.
Entire Agreement. This Agreement constitutes the entire agreement with respect to the Services and supersedes all prior agreements between you and MIRACLE, Inc. Failure by MIRACLE, Inc. to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
Choice of Law. Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Illinois (excluding its choice of law rules). User consents to personal jurisdiction in the Federal and State courts of Cook County, Illinois, for any action arising out of or relating to User’s use of the Services. The Federal and State courts of Cook County, Illinois shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney's fees.
Severability. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
Effective Date:
The foregoing terms are effective as of October 2019.