Terms of Service and Use

1. Acceptance of Terms

By accessing or using the Nalu Books website (the “Site”) and our services (the “Services”), you (“User” or “you”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you may not access or use the Site or Services.

2. Use of Service

2.1. Eligibility: You must be at least the age of majority in your jurisdiction to use the Site and Services, or have valid parental consent. By using the Site and Services, you represent and warrant that you meet these requirements.

2.2. Lawful Use: You agree to use the Site and Services only for lawful purposes and in accordance with these Terms and all applicable laws and regulations.

2.3. Prohibited Conduct: You agree not to:

Use the Site or Services for any illegal or unauthorized purpose.

Engage in any activity that interferes with or disrupts the Site or Services.

Attempt to gain unauthorized access to any portion of the Site or Services, or any other systems or networks connected to the Site or Services.

Use any automated means (e.g., bots, scrapers) to access or collect data from the Site or Services without our express written permission.

Violate any intellectual property rights of Nalu Books or any third party.

3. Account Registration and Security (If Applicable)

3.1. Account Creation: If you create an account on the Site, you agree to provide accurate, current, and complete information during the registration process.

3.2. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.

3.3. Account Termination: We reserve the right to suspend or terminate your account at any time, with or without cause, and without prior notice.

4. Intellectual Property

4.1. Ownership: The Site and all content included on it (including but not limited to text, graphics, logos, images, software, and audio-visual materials) are the property of Nalu Books or its licensors and are protected by copyright, trademark, and other intellectual property laws.

4.2. Limited License: Subject to these Terms, Nalu Books grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content for your personal, non-commercial use.

4.3. Restrictions: You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the content on our Site without our prior written consent, except as expressly permitted by these Terms.

5. User Content (If Applicable)

5.1. User Content Responsibility: You are solely responsible for any content you submit, post, or display on or through the Site (“User Content”).

5.2. License to User Content: By submitting User Content, you grant Nalu Books a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, fully sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Site and our business.

5.3. User Content Representations: You represent and warrant that you have all necessary rights to grant the licenses in this Section and that your User Content does not violate any third-party rights or applicable laws.

6. Products, Pricing, and Information

6.1. Product Descriptions: We strive to provide accurate product descriptions. However, we do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free.

6.2. Pricing: Prices for products are subject to change without notice.

6.3. Order Acceptance: We reserve the right to refuse or cancel any order for any reason, including limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or suspected fraud.

7. Payment Terms (If Applicable)

You agree to pay all charges incurred by you or any users of your account at the price(s) in effect when such charges are incurred.

8. Shipping and Delivery

8.1. Shipping Costs: Shipping costs will be calculated and displayed at checkout.

8.2. Delivery Times: Delivery times are estimates and are not guaranteed.

8.3. Risk of Loss: Risk of loss for physical items passes to you upon our delivery to the carrier.

9. Returns, Refunds, Exchanges & Cancellations

We offer STORE CREDIT only for eligible physical product returns.

9.1. Physical Products: Physical products may be returned within 14 days of delivery if unused and in original condition. You are responsible for return shipping costs.  We don NOT offer exchanges.

9.2. Digital Products: All sales of digital products are final and non-refundable.

9.3. Pre-Loved and Discounted Books: We offer pre-loved and discounted books with disclosed imperfections (i.e., minor dents, scratches, or marks). These items are sold “as-is” and are not eligible for return or refund due to the disclosed imperfections.

9.4. Shipping Damages: If you receive a damaged item, please contact us within 72 hours of delivery with photographic evidence. We will handle claims on a case-by-case basis. 

For approved claims – a replacement item will be sent (if available) or store credit in the form of a Nalu Books gift card will be issued.

9.5. Cancellation Policy: Customers have up to 24 hours after the order has been placed to cancel it.  They need to cancel their order in their customer account or by emailing Nalu Books.

9.6. Store Credit:  The gift card will be issued as a store credit reflecting the value of the returned item(s), excluding the shipping cost (which is non-refundable).  Gift cards can be used toward future purchases on our website and expire within 2 years upon disbursement.

10. Digital Product Licenses

Upon purchase of digital products, Nalu Books and its content creators (collectively referred to as “we” or “us”) grant you a non-exclusive, non-transferable license to use the digital product for personal, non-commercial use only. You may not share, redistribute, resell, or create derivative works of the digital product. All intellectual property rights remain with Nalu Books and the respective content creators.

11. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NALU BOOKS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NALU BOOKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR SERVICES; (C) ANY CONTENT OBTAINED FROM THE SITE OR SERVICES; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

13. Indemnification

You agree to defend, indemnify, and hold harmless Nalu Books and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Site and Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party.

14. Termination

We may terminate or suspend your access to the Site and Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Texas, without regard to its conflict of law provisions.

16. Dispute Resolution

Any dispute arising out of or relating to these Terms shall first be addressed through good-faith negotiations between the parties. If the dispute cannot be resolved through negotiation, both parties agree to attempt to resolve the dispute through mediation before resorting to arbitration or litigation. The mediation shall take place in the state of Texas, and the costs of mediation shall be shared equally by both parties.

17. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

18. Changes to Terms

Nalu Books reserves the right to modify or revise these Terms at any time, and your continued use of the Site and Services after any such changes constitutes your acceptance of the revised Terms.

19. Entire Agreement

These Terms constitute the entire agreement between you and Nalu Books relating to your use of the Site and Services, superseding any prior agreements between you and Nalu Books.

20. Contact Information

If you have any questions about these Terms, please contact us at info@nalubooks.com

 

Last Updated: April 2025

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