NovelAction.com – Terms and Conditions of Use

These Terms and Conditions of Use (“Terms and Conditions”) apply to you when you view, access or otherwise use the web site located at www.NovelAction.com (the "Site").  The words “you”, “user” and “your” refer to you as a user of the Site.  “We”, “us”, “our” and “Novel Action” refer to Novel Action, Inc.   By accessing or using the Site, you are acknowledging that you have read and understood, and that you agree without limitation or qualification to be bound by these Terms and Conditions, as well as to the terms of our Privacy Policy, which is hereby incorporated as a part of these Terms and Conditions. You are responsible for periodically reviewing these Terms and Conditions for applicable changes. Your use of this Site after we post any changes to these Terms and Conditions constitutes your acceptance of those changes. If you disagree with these Terms and Conditions as they may be amended from time to time, or are dissatisfied with this Site, your sole and exclusive remedy is to discontinue using the Site.  Additional provisions apply to members of Novel Action, and members will be required to view and agree to these additional provisions during the registration process.

Copyright Ownership
The contents included in the Site, including but not limited to, text, graphics, logos, button icons, images, data compilations and software, are owned or licensed by Novel Action, Inc.  You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material or graphics on this Site, including computer code and software. You may download material for your personal, non-commercial use, provided that the material or documents are not modified and provided that you maintain and abide by all copyright, trademark and other notices contained in such material, or if none, you include the following copyright notice in all such downloaded materials: © Copyright 2006-2008 Novel Action, Inc.. All rights reserved.  No use of any trademark of Novel Action on this Site may be made without the prior express written consent of Novel Action, Inc. except to identify the product or services of the company.

Your Use Of the Site
You understand, acknowledge, and agree to the following:

Not to disrupt or intercept, or attempt to disrupt or intercept any electronic information posted on this Site or on any of our servers. You also agree not to attempt to circumvent any security features of the Site, and to abide by all applicable, local, state, federal and international laws, rules and regulations.

Novel Action has the right to use any and all content you upload or otherwise transmit to this Site, subject to these Terms and Conditions and our Privacy Policy, in any manner we choose.  This includes, but is not limited to, copying, displaying, or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.

Novel Action is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise noted on this Site, Novel Action will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on the Site.   You recognize and agree that such information may be unreliable and should be considered suspect.

Gift Subscriptions

Members, guests, or visitors can purchase gift subscriptions.  A $25 membership gift subscription provides a full 12-month membership to NovelAction.com.  The recipient can then conduct unlimited exchanges for just the cost of shipping.  Subsequent renewals are the responsibility of the recipient.

Gift subscriptions purchased with a credit card are mailed via first class mail within 3 business days of order receipt.  Subscriptions purchased with a check are mailed via first class mail within 12 business days of order receipt (check must accompany order).  Priority mail shipment is available for a flat rate of $5.00. The certificate for the gift membership can be sent to the purchaser or the recipient.  Instructions for use are on the back of the certificate.

Gift subscriptions are not refundable and are not redeemable for cash.

Gift Baskets and Boxes

Membership is not required to purchase gift baskets and boxes.

A separate book order must be placed for each basket such that there is a unique order ID number associated with each basket purchased.  Books must be purchased using the “buy” button.  Book bucks and exchange orders cannot be used for basket orders. Of course, all books will meet quality guidelines as outlined on the website, and we will use books in the best condition for your basket.

Large baskets and boxes contain 14 paperback books and small baskets and boxes contain 8 paperback books. Specialty themed baskets are also available for an additional charge.  Basket pricing depends upon your specific selection, and is as indicated on the order form. Baskets are normally shipped via media mail. Upgrades to Fed Ex or priority mail are available for additional cost as determined by final weight and destination. Email us at gifts@NovelAction.com for an order form or with any questions, or call us at 312-515-7179.

Basket production starts immediately after order receipt.  Cancellations will incur the following penalties, in addition to any shipping charges if the basket has already shipped:

2 - 24 hours after order placement:  20% of total charge

2-3 days after order placement:  30% of total charge

3-4 days after order placement: 50% of total charge

5+ days after order placement: 60% of total charge

Once the basket has been shipped, it cannot be recalled. If the basket has already shipped and you cancel the order, the refund will not be processed unless and until all books are returned, with the basket unopened and in the original shipping container with packing materials.  You are responsible for return shipping charges. If the basket was shipped to a 3rd party, you are responsible for contacting that party and initiating the return process following order cancellation.

Site Content
We make every effort to ensure that the information on our Site is accurate and complete and we welcome your feedback on how we can improve our Site.  Your use of the Site however is "as is", and Novel Action makes no representations or warranties, express or implied, about this Site or the material contained or referred to on it, and will not be held liable in any way for your use of the Site. To the fullest extent permissible pursuant to applicable law, Novel Action disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. Novel Action further does not warrant that the Site or the products and materials contained on the Site are error-free, or that errors will be corrected, or that this Site or the server from which it is run is free of viruses or other potentially harmful codes. Under no circumstances, including negligence, shall Novel Action or any affiliated company or individual be held liable for any direct, indirect, incidental, special or consequential damages and expenses whatsoever (including without limitation, health problems, lost profits, and damages arising from lost data, computer viruses, deletion of files or business interruption) arising out of or in any way connected with the use of the Site, or for any information, software, products or services obtained through the Site, whether such damages are based on contract, tort, strict liability or otherwise, even if advised of the possibility of such damages. Novel Action reserves the right to change or discontinue at any time any aspect or feature of this Site.

Jurisdiction
Novel Action, Inc. is organized and operated under the laws of the State of Illinois. The laws of the State of Illinois will control the terms and conditions provided in these Terms and Conditions, without giving effect to any principles of conflict of laws. If a court of competent jurisdiction finds that any provision of these Terms and Conditions is invalid or unenforceable, you agree that the other provisions of these Terms and Conditions will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to NovelAction.com or these Terms and Conditions more than one (1) year after such claim or cause of action arose.   A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.