Terms of Use

WEBSITE TERMS OF USE

Terms, Conditions and Notices
Updated as of February 12, 2014

Thomson-Shore, Inc. (“Thomson-Shore”) provides its Website, www.thomsonshore.com, www.bessenberg.com, www.pubishnext.com, www.seattlebookcompany.com, and https://tsdigitalexpress.com (the “Website”), and its related services to you subject to the following notices, terms and conditions (“Terms of Use”). Please read these Terms of Use carefully BEFORE using the Website. Your continuing access and/or use of this Website SIGNIFIES YOUR ACCEPTANCE TO THESE TERMS OF USE. If at any time you do not wish to accept these Terms of Use, you may choose not to use the Website. Any additional terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Thomson-Shore and shall be of no force or effect.

Any rights not expressly granted herein are reserved to Thomson-Shore.

MODIFICATIONS AND UPDATE

Terms, prices and availability information on this Website are subject to change without notice. CHANGES ARE PERIODICALLY MADE TO THESE TERMS OF USE. THOMSON-SHORE MAY MAKE CHANGES TO THE SERVICES OR PRODUCTS AVAILABLE ON THIS WEBSITE (AT ANY TIME) AT ITS SOLE DISCRETION. The most current version of these terms can be reviewed by clicking on the “Terms of Use” link located at the bottom of our website pages. These notices, terms, and conditions are subject to change in the sole and absolute discretion of Thomson-Shore. All updates, enhancements, new features and or the addition of additional web properties (in the form of additional web pages or websites) are immediately subject to these terms and conditions. Your continued use of the Thomson-Shore website constitutes your continued acceptance to all such notices, terms and conditions as modified.

USE OF SITE

Thomson-Shore may, in its sole discretion and without notice, deny any person or company’s access to this Website or any portion thereof. As a condition of your use of this Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. You may not use this Website in any manner that could damage, disable, overburden, or impair any Thomson-Shore server or interfere with any other party’s use and enjoyment of the Website and services offered herein. You may not attempt to gain unauthorized access to Thomson-Shore’s or other’s accounts, information, computer systems or networks connected to the Thomson-Shore server or to any of the services or products offered via the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

This Website, any portion of this Website and any software, products or services obtained herein may not be decompiled, disassembled, reverse engineered, uploaded, reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, displayed, performed, published, licensed, used to create derivative works from, transferred or otherwise exploited for any commercial purpose that is not expressly granted by Thomson-Shore. Thomson-Shore reserves the right to refuse service, terminate account(s), and/or cancel orders in its discretion, including, without limitation, if Thomson-Shore believes that conduct violates applicable law, is harmful to the interests of Thomson-Shore and its affiliates or any other reason. Thomson-Shore further reserves the right to pursue any legal action available against any user whose use violates the state, federal or local law or these Terms of Use.

Availability of this Website or particular information or services herein is subject to change without notice.

CHILDREN UNDER 18

Thomson-Shore does not sell products for or provide information or services to children. If you are under 18, you may use Thomson-Shore only with involvement of a parent or guardian. Thomson-Shore reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders/ requests in its sole discretion.

ACCOUNT CREATION

In order to obtain access to certain portions of this Website, you must create a user name and password. You will provide Thomson-Shore with certain registration information, all of which must be accurate, truthful and updated. You shall not: (i) select a username already used by another person, (ii) use a username in which another person has rights without such person’s authorization; or (iii) use a username or password that Thomson-Shore, in its sole discretion, deems offensive or inappropriate. Thomson-Shore reserves the right to deny creation of your account based on Thomson-Shore’s inability to verify the authenticity of your registration information. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Thomson-Shore of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your password or credit card information. If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and you agree to accept responsibility for all activities that occur under your account or password. You are fully responsible for all usage or activity on your account, including but not limited to use of the account by any third party authorize by your to use your username and password. Thomson-Shore reserves the right to terminate your account, in its sole discretion, at any time without notice. You may also terminate your account at any time in writing. Notwithstanding anything else herein, Thomson-Shore reserves the right to pursue any and all claims against any user of your account. You agree to maintain only one account with the Website at any time and you certify that you currently have no other account(s) with the Website.

UNSOLICITED IDEA SUBMISSION POLICY

Thomson-Shore or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, suggestions, new promotions, new products or technologies, concepts, story or plot lines, ideas, notes, designs, materials, marketing plans, new product names or other materials or processes other than those it has specifically requested. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Thomson-Shore’s products or marketing strategies might seem similar to ideas submitted to Thomson-Shore. So, please do not send your unsolicited ideas to Thomson-Shore or anyone at Thomson-Shore. If despite our request that you not send us your ideas and materials, you still send them, please understand that Thomson-Shore makes no assurances that your ideas and materials will be treated as confidential or proprietary. Unless otherwise agreed, Thomson-Shore may edit, copy, publish, distribute, translate, and otherwise use in any medium any such materials that you forward to Thomson-Shore and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise. Thomson-Shore is and shall be under no obligation to: (1) maintain any of your materials in confidence; (2) to pay to you or any user any compensation for any such materials; or (3) to respond to any of your or any other user's materials.

LINKS TO THIRD PARTY SITES

Thomson-Shore may contain links to other websites ("Linked Sites"). Linking to such Linked Sites will let you leave the Website. Unless otherwise indicated, Thomson-Shore is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of Thomson-Shore and Thomson-Shore is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Thomson-Shore does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links. Thomson-Shore is providing these links only as a mere convenience, and the inclusion of any link does not imply endorsement by Thomson-Shore. If you decide to access any of the third party websites linked from this Website, you do so entirely at your own risk.

LINKING TO THOMSON-SHORE

Linking to Thomson-Shore from another website ("Linking Site") is only allowed under the following conditions. A Linking Site may link to, but not replicate, Thomson-Shore's content. A Linking Site shall not create a frame, browser or border environment to Thomson-Shore's content and a Linking Site shall not imply that Thomson-Shore is endorsing it or its products. The Linking Site shall not misrepresent the Linking Site's relationship with Thomson-Shore, shall not provide false information about Thomson-Shore's products or services, and shall not unlawfully use the copyrights or trademarks owned by Thomson-Shore or others. Linking Sites shall abide by any and all applicable laws.

LIMITATION OF LIABILITY

THIS WEBSITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS AND RELATED GRAPHICS PROVIDED HEREIN ARE PROVIDED ‘AS IS” WITHOUT WARRANTY OF ANY KIND. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERROR. THOMSON-SHORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, THOMSON-SHORE AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THOMSON-SHORE DOES NOT WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, “TROJAN HORSES” OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. IN NO EVENT, SHALL THOMSON-SHORE AND OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THOMSON-SHORE THROUGH THIS WEBSITE.

RELEASE AND INDEMNIFICATION

If you have a dispute with one or more users of the Website, you release Thomson-Shore (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You will indemnify and hold Thomson-Shore (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Use, or your violation of any law or the rights of a third party.

COPYRIGHT NOTICE

Copyright © 2014, Thomson-Shore, Inc. All rights reserved.

COPYRIGHT

With the exception of the images of the illustrative projects set forth in on this Website and as otherwise specifically stated, all content and otherwise protectable features of this Website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of Thomson-Shore, are the property of Thomson-Shore and are protected by United States and international copyright laws. No portion of this website may be copied, IMITATED or retransmitted unless express permission to do so is given by Thomson-Shore in writing. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of Thomson-Shore and is protected by United States and international copyright laws. All software used on this site is the property of Thomson-Shore or its software suppliers and is protected by United States and international copyright laws. The images used on this Website are the property of their respective copyright owners, and are used by Thomson-Shore pursuant to authorization from the copyright owners or their agents. The content, images and software on this Website may be used as a shopping resource. Any other use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this Website is strictly prohibited.

COPYRIGHT INFRINGEMENT POLICY

You shall not use the Website to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of any third party.

Thomson-Shore, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use this Website if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Thomson-Shore accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Thomson-Shore has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to Thomson-Shore in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:

By mail:

Thomson-Shore, Inc.
7300 W. Joy Road
Dexter, Michigan 48130
United States of America

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.

3. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.

4. Information reasonably sufficient to permit Thomson-Shore to contact you, such as your address, telephone number, and/or electronic mail address.

5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

TRADEMARKS

“THOMSON-SHORE,” “WE BELIEVE IN DOING IT RIGHT THE FIRST TIME, WHETHER IT’S YOUR FIRST TIME OR NOT,” and the stylized “THOMSON-SHORE” logo along with all other logos, trade names, trademarks, services marks, whether registered or not, set forth on this Website are the sole property of Thomson-Shore, Inc. Thomson-Shore’s trademarks may not be used in connection with any product or service that is not owned by Thomson-Shore in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Thomson-Shore. Any trademarks not owned by Thomson-Shore that appear on this Website are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Thomson-Shore or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.

EXPORT CONTROL

Unless otherwise specified, the materials on this Website are presented solely to provide information regarding and to promote Thomson-Shore's services and other products available in the United States, its territories, possessions and protectorates. The Website is controlled and operated by Thomson-Shore from its offices within the state of Michigan, United States of America. Thomson-Shore makes no representation that materials on the Service are appropriate or available for use outside the United States. Those who choose to access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Website is further subject to United States export controls. No software from the Website may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

SEVERABILITY

If any provision of these terms, conditions and notices are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions with remain in full force.

APPLICABLE LAW

This site is created and controlled by Thomson-Shore, Inc. in the State of Michigan, USA. As such, the laws of the State of Michigan will govern these notices, terms, and conditions, without giving effect to any principles of conflicts of laws. You submit to the jurisdiction and venue of the state or federal courts having jurisdiction over Washtenaw County, Michigan of any claims or actions arising, directly or indirectly, out of or related to your use of this Website. You stipulate that the venues referenced herein are convenient.

PRIVACY

See our Privacy Policy relating to the collection and use of your information.

OUR ADDRESS

Thomson-Shore
7300 W. Joy Road
Dexter, Michigan 48130
United States of America

www.thomsonshore.com
www.bessenberg.com
www.seattlebookcompany.com
www.publishnext.com
https://tsdigitalexpress.com
Phone: (734) 426-3939
Fax: (800) 706-4545