Terms & Conditions

Last Updated: January 1, 2024

Thank you for visiting our website, BardPress.com (the “website” or “Site”) which is owned and operated by Bard Press (BizBookLab, LLC) (referred to as “we,” “us,” or “our” throughout the site). Bard Press provides this website, including all content, information, products and other services available from this site to you, (the “user”), based upon the condition of your acceptance of all terms, conditions, policies and notices stated here.

Please read the Terms and Conditions (“Terms and Conditions” or “Terms”) outlined below carefully before proceeding as they contain very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that apply to your access and use of the Site. By accessing and using the Site, you agree to be legally bound by these Terms and Conditions. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these, including sales terms for any purchase you may make through the Site. In those cases, the terms and conditions specific to the special feature control to the extent there is a conflict with these Terms and Conditions.

These Terms are effective as of the Effective Date above.

We reserve the right, in our sole discretion, to change these Terms and Conditions at any time, and will publish a revised version of these Terms on the Site. You are responsible for regularly reviewing these Terms. Continued access to and use of the Site following any such change constitutes acceptance of those changes.

Use of the Site

You are required to be at least 18 years old or the age of legal majority in your jurisdiction to use this Site and may not submit any personal information to us. By using this Site, you hereby represent that you are at least the age of majority in your state or province of residence.

The Site is for your personal, non-commercial use and is intended for informational and entertainment purposes only.

You agree not to use our Site for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws or other proprietary rights).

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site without express written permission by us.

You agree not to use any device, software, or routine to interfere with the proper functioning of the Site such as transmitting any viruses, trojans, malware or any code of a destructive nature or breach any security or authorization processes.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

You agree that a breach or violation of any of these Terms, or if we determine, in our sole discretion, that your use of the Site is objectionable or contrary to the intended purpose of the Site, it will result in an immediate termination of your access to the Site.

Site Ownership and Copyright

All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, RSS feeds, widgets, embeddable media players, software, interactive features, advertisements or other content, services or materials (or any part of them) available or accessible on the Site are protected by copyright, trademarks, database rights and other intellectual property rights and are exclusively owned by Bard Press (BizBookLab, LLC) or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any license or right to use the Materials other than as permitted in these Terms.

Except as set forth herein, you agree not to copy, distribute, modify or make derivative works of any of such materials without the prior written consent of Bard Press. All rights not granted under these Terms and Conditions are reserved by Bard Press.

Third-Party Services and Content

We may provide you with access to third-party services over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such services and tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of third-party tools. We are not liable for any harm or damages related to the use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Payment and Billing Services

If you make a purchase through our Site, you agree to pay all charges at the prices in effect when the purchase was made. Bard Press reserves the right to change prices for our services and products at any time.

All payment transactions made on the Site are processed through a third party processing service, currently Stripe, Inc (the “Processor”). By accepting this Agreement, you are also accepting and agreeing to be bound by the Processor Terms, which is the legal agreement between you and the Processor.

You agree to provide accurate and complete payment information.

Privacy

We respect the privacy of our users and are committed to protecting it. For more information on the personal data and information we collect and how we use and disclose such information, please read our Privacy Policy.

Termination of Services

The Company may terminate or suspend your access to our Site at its sole discretion, without prior notice, for any reason, including, but not limited to, a breach of these terms.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, BARD PRESS PROVIDES THE SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, MERCHANTABILITY, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE SHALL USE REASONABLE CARE AND SKILL TO PROVIDE THE SITE TO YOU, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND EMPLOYEES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, ACTUAL, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, OR PERSONAL INJURY/WRONGFUL DEATH) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE; (B) ANY CONTENT OR THIRD PARTY SERVICE THAT IS INTEGRATED INTO THE SITE OR MADE AVAILABLE ON THE SITE; OR (C) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE.

IF WE ARE FOUND TO BE LIABLE TO YOU IN ANY MANNER, THEN TO THE FULLEST EXTENT PERMITTED BY LAW THE COLLECTIVE LIABILITY OF US AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND EMPLOYEES FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES, SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES OUR LIABILITY TO YOU FOR: (A) FRAUD OR FRAUDULENT MISREPRESENTATION; (B) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; OR (C) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED AS A MATTER OF LAW.

Indemnification

You agree to indemnify, defend, and hold harmless Bard Press, its managers, officers, directors, employees, agents, licensors, retailers, and suppliers from and against, or reimburse us for any and all claims (whether or not such claims are merely alleged or otherwise), damages, obligations, losses, liabilities, costs or debt, and expenses including but not limited to reasonable attorneys’ fees, costs, and expenses resulting from: any violation of these Terms and Conditions, your access to or use of the Site (including negligent or wrongful conduct) by you or any other person accessing this Site using your Internet account, your violation of any third-party right, including without limitation any intellectual property right or any agreement or terms with a third-party to which you are subject, your violation of any laws, rules or regulations of any governmental authorities, or (e) any misrepresentation made by you. You will cooperate as fully required by Bard Press in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle or otherwise dispose of any claim without our prior written consent of a duly authorized employee of Bard Press.

Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of the State of Oregon and the laws of the United States.

Contact Information

If you have any questions or concerns about these Terms of Service, please contact us at info@bardpress.com.

By using our Site, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.