PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR THE PAPERSPINE SERVICE OFFERED THROUGH THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR THE SERVICE.

These terms and conditions of use (“Terms of Use”) apply solely to your access to, and use of, the Web site of Paperspine, Inc. ("Paperspine,” "we" or "us"), located at www.Paperspine.com (the "Site") and the online subscription book rental service accessed through the Site (the "Service"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Paperspine, or its subsidiaries or affiliates, for products, services or otherwise.

Paperspine reserves the right to change or modify these Terms of Use, including the Terms of Service set forth below or any other terms, policy or guideline applicable to the Site or the Service, at any time and in its sole discretion by posting of the revisions on the Site. Paperspine will indicate at the top of such document the date it was last updated. You expressly agree to such form of notification and waive any right to receive individual notice of such modifications. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms of Use and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms, you must stop using the Site and the Service.

If you have any question regarding the use of the Site or the Service, please refer first to the Help FAQ. All other questions or comments about the Site or its contents should be directed to feedback@paperspine.com

A. GENERAL TERMS

1. BetaTest Statement

   You acknowledge and agree that you are using a preliminary, beta test edition of the Site and the Service, that you are participating in an beta test of the Site and the Service (the "Beta Test"), and that the Site may contain bugs, suffer disruptions, may not operate properly or perform all intended functions, and may interfere with the functioning of other software applications. You agree to that all nonpublic information about the Site and the Service that you gain access to in connection with the Beta Test, including without limitation any comments, ideas or other feedback you provide to Paperspine regarding the Site, the Service or the Beta Test, shall be treated as confidential (the "Confidential Information"). You agree not to use the Confidential Information in any manner, except for your personal use for the sole purpose of participating in the Beta Test and testing the Site and the Service, and you agree to prevent and protect the Confidential Information, or any part thereof, from disclosure to any person.

2. Privacy Policy

   Please refer to our Privacy Policy for information on how Paperspine collects, uses and discloses personally identifiable information from its users.

3. Electronic Communications and Notice

   By using the Paperspine Service, you consent to receiving email and other electronic communications from Paperspine. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information), information concerning or related to our Service, such as featured books or other offerings, and may include changes to these Terms of Service or the Site Terms. These communications are part of your relationship with Paperspine and you receive them as part of your Subscription. You agree to keep the email address that you register with us current, and you further agree to monitor that email address on a regular basis. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

4. Copyright and Limited License

   Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, the Paperspine logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Paperspine or its licensors or users and are protected by U.S. and international copyright laws.

   You are granted a limited, non-sublicensable license to access and use the Site and electronically copy, (except where prohibited without a license) and print to hard copy portions of the Site Materials for your informational, non-commercial and personal use only Such license is subject to these Terms of Use and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the collection and use of any book listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (g) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Paperspine, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

5. Repeat Infringer Policy

   In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Paperspine has adopted a policy of terminating, in appropriate circumstances and at Paperspine's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Paperspine may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

6. Copyright Complaints

   If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

   Name of Agent Designated to Receive Notification of Claimed Infringement: Dustin Hubbard

   Full Address of Designated Agent to Which Notification Should be Sent: 22525 SE 64th Place, Suite 249, Issaquah, WA 98027

   Telephone Number of Designated Agent: 866-916-7323

   Facsimile Number of Designated Agent: 866-916-7323

   E-Mail Address of Designated Agent: copyright@paperspine.com

   We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.

7. Trademarks

   PAPERSPINE, the Paperspine logos and any other product or service name or slogan contained in the Site or used in connection with the Service are trademarks of Paperspine and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Paperspine or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Paperspine" or any other name, trademark or product or service name of Paperspine without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Paperspine and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Paperspine names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

8. Hyperlinks

   You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Paperspine or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Paperspine logo or other proprietary graphic of Paperspine to link to this Site without the express written permission of Paperspine. Further, you may not use, frame or utilize framing techniques to enclose any Paperspine trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Paperspine's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Paperspine or any third party.

   Paperspine makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Such sites are not under the control of Paperspine and Paperspine is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Paperspine provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Paperspine of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

9. Third Party Content

   Paperspine may provide third-party content on the Site and may provide links to Web pages and content of third parties (collectively the "Third Party Content") as a service to those interested in this information. Paperspine does not monitor or have any control over any Third Party Content or third party Web sites. Paperspine does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. Paperspine does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. Users use Third Party Content at their own risk.

10. Advertisements and Promotions; Third-Party Products and Services

    Paperspine may run advertisements and promotions from third parties on the Site or may otherwise provide information about third party products and services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Paperspine is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Paperspine advertisers or third party information on the Site.

11. Submissions

    You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, [regarding the Site, the Paperspine or Paperspine's products or services that are] provided by you in the form of email or other submissions to Paperspine, or any postings on the Site, are non-confidential and shall become the sole property of Paperspine. Paperspine shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

12. User Content and Interactive Services or Areas

    The Site may include discussion forums, user generated content or other interactive areas or services, including chat rooms or message boards, online hosting or storage services, or other areas or services in which you or third parties create, post or store any content, messages, materials or other items on the Site (“Interactive Areas”). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:

    1. Any message, data, information, text, music, sound, photos, video, graphics, code or other material ("User Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
    2. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
    3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
    4. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
    5. Unsolicited promotions, political campaigning, advertising or solicitations;
    6. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
    7. Viruses, corrupted data or other harmful, disruptive or destructive files; and
    8. User Content that, in the sole judgment of Paperspine, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Paperspine or its users to any harm or liability of any type.

    Paperspine takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Paperspine liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Areas is at your own risk. As a provider of interactive services, Paperspine is not liable for any statements, representations or User Content provided by its users in any public forum or other Interactive Area. Although Paperspine has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, Paperspine reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.. Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect Paperspine's systems and customers, or to ensure the integrity and operation of Paperspine's business and systems, Paperspine may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted User Content. Paperspine's right to disclose any such information shall govern over any terms of Paperspine's Privacy Policy.

    If you post User Content to the Site, unless we indicate otherwise, you grant Paperspine and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media on or in connection with the Site or the Service. You grant Paperspine and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Site; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms of Use and will not violate any rights of or cause injury to any person or entity.

13. 13. Registration Data; Account Security

    In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Paperspine, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Paperspine.

14. 14. Indemnification

    You agree to defend, indemnify and hold harmless Paperspine, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site, your use of the Interactive Areas or your copying or other infringement of any books that you rent through the Service, including without limitation any actual or threatened suit, demand or claim made against Paperspine and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to the User Content, your conduct, your violation of these Terms of Use or your violation of the rights of any third party.

15. Disclaimer

    EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY PAPERSPINE, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PAPERSPINE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICE AND THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. PAPERSPINE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE OR THE SERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. PAPERSPINE DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

    PAPERSPINE IS NOT RESPONSIBLE FOR THE CONTENT OF ANY BOOKS YOU RECEIVE THROUGH THE SERVICE OR FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS ON THE SITE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE PAPERSPINE ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE SERVICE SAFE, PAPERSPINE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

    Paperspine reserves the right to change any and all content contained in the Site, any Service offered through the Site and any books available through the Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Paperspine.

16. Limitation of Liability

    IN NO EVENT SHALL PAPERSPINE, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PAPERSPINE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PAPERSPINE'S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PAPERSPINE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SERVICE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PAPERSPINE FOR ACCESS TO OR USE OF THE SITE AND THE SERVICE.

17. Applicable Law and Venue

    These Terms of Use and your use of the Site and the Service shall be governed by and construed in accordance with the laws of the State of Washington, applicable to agreements made and to be entirely performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

18. Termination

    Notwithstanding any of these Terms of Use, Paperspine reserves the right, without notice and in its sole discretion, to terminate your license to use the Site and the Service, and to block or prevent future your access to and use of the Site and the Service.

19. Severability

    If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

20. Questions & Contact Information

    Questions or comments about the Site or the Service may be directed to Paperspine at the email address feedback@paperspine.com or by calling us at (866) 916-7323.

B. ADDITIONAL TERMS APPLICABLE TO ONLINE BOOK RENTAL SERVICE ("TERMS OF SERVICE")

In addition to the foregoing terms and conditions of use set forth above, the Service is subject to these additional Terms of Service, which shall form a part of the Terms of Use, and you may use the Service only in accordance with these Terms of Service and the Terms of Use to which they are a part. In the event of any conflict between these Terms of Service and the other provisions of the Terms of Use, these Terms of Service shall control.

1. Limitations on Use

   You must be 18 years of age or older to subscribe to the Service. Individuals under the age of 18 may utilize the Service only with the involvement of a parent or legal guardian and only through authorized use of such parent or legal guardian's account. While Paperspine does distribute products that may be read by children, we do not intentionally seek to collect information from individuals 13 years of age and younger.

2. Subscription Plans

   The Service will only be available to users upon your obtaining a subscription to the Service through the Site (a "Subscription") and paying in full the subscription fees ("Subscription Fees") applicable to the subscription plan select (the “Subscription Plan”). Paperspine offers a variety of Subscription Plans, and the details of each Subscription Plan and the Subscription Fees applicable to such plan are set forth on the Site. Under each Subscription Plan, subscribers create a prioritized list of book titles that they wish to rent (your "Queue"), receive books from their Queue by U.S. mail, and return them using prepaid mailers. You may keep books you rent for as long as you like, provided that you are a current subscriber and have paid all Subscription Fees in full. As a result, there are no due dates and no late fees charged. After a book is returned, Paperspine mails the next available title from the subscriber’s Queue as further described in these Terms of Service. Your Subscription Plan will determine the number of books you can rent at any one time. There is no limit imposed on the total number of books you can rent in a month. However, the actual number of books from your Queue that you are able to rent in any month will vary based on a number of factors (See "Availability and Allocation of Books" below).

   Your Subscription will automatically renew for successive Subscription periods on the anniversary of your initial Subscription period, without prior notice to you, unless and until you cancel your Subscription or it is terminated by Paperspine. You must cancel your Subscription before the end of the current Subscription period in order to avoid having to pay the Subscription Fees for the next Subscription period. We do not provide refunds for partially used periods following cancellation of Service.

   You can find the specific details regarding your subscription with Paperspine at anytime by clicking on your member name located at the top of the Site.

3. Payment and Billing

   By subscribing to Paperspine, you agree to pay all applicable Subscription Fees and other charges in accordance with these Terms of Service and the particular Subscription Plan you select. If the Service, or any part thereof, for which you subscribe is permanently discontinued or canceled by Paperspine prior to the end of you subscription term, other than due to any breach of these Terms of Service by you, Paperspine will refund, on a prorated basis, any unused pre-paid fees related to the Service.

   Paperspine currently accepts the following payment methods: Visa, MasterCard, American Express, and Discover ("Payment Methods"). You authorize Paperspine to charge your Payment Method for all Subscription Fees, shipping charges (if not included in your Subscription Plan), applicable taxes and any and all other charges you may incur in connection with the Service, such as fees for lost or damaged books. You also authorize Paperspine to obtain pre-approval from your credit card issuer. Your Payment Method will be automatically charged in full for the Subscription Fee at the beginning of your Subscription period and at the anniversary date of each renewal Subscription period thereafter unless and until you cancel your Subscription or it is terminated by Paperspine. If the anniversary date lands on a day that does not exist in a given month, you will be billed on the last day of that month. For example, if you have a monthly Subscription Plan that began on March 31st, you would be billed for the first renewal period on April 30th. All Subscription Fees and charges are nonrefundable and there are no refunds or credits for partially used periods, except as Paperspine may determine in its sole discretion. Paperspine may change the Subscription Fees and charges in effect at any time, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail, and such charged will apply to your next renewal term. If there is a change in the validity or expiration date of your credit card or you wish to change your Payment Method, you may edit your Payment Method information by clicking on the Member Name link available at the top of the pages of the Site. If your Payment Method reaches its expiration date, your failure to cancel the Service constitutes your authorization to continue charging such Payment Method and you remain responsible for all amounts charged to such Payment Method.

4. Your Queue

   You create your Queue by selecting and prioritizing the books you wish to rent. The books listed in your Queue, the priority in which you have listed them, and the availability of such books will determine which books we send you. Although we always endeavor to send you the books at the front of your Queue, such books may not always be available, and so we may ship you books lower in your Queue. (Please see "Availability and Allocation of Books" below for more information on the various factors that may affect our ability to ship you the books in your Queue.). You may adjust the priority of such books in your Queue or add books to your Queue by clicking the "Queue" tab. However, please be aware that adjustments made to your Queue may not be made in time to affect your next shipment. For example, if you adjust your Queue after a shipment has been processed, but before you have received a shipment message, the adjustments will not be reflected in that shipment. The adjustments will, however, impact subsequent shipments.

5. Availability and Allocation of Books

   We strive to promptly ship our subscribers the books that are highest in their Queue. Our goal is to ship the next available book from a subscriber's Queue within one business day of return of the previous book from that subscriber. However, due to a number of factors, including variations in the availability and demand for certain books, system availability and the allocation practices described herein, you understand and agree that we cannot and do not guarantee that this will happen. In some cases, none of the books in your Queue may be available for shipment, and you may need to wait until a book becomes available. The fact that a book is listed on our Site and can be added to your Queue does not guarantee that such title is in our inventory or is available for rental. In addition, although we endeavor to have a large supply of popular titles in our inventory, we will determine, in our sole and absolute discretion, the quantity of books we purchase for any particular title. Paperspine does not make any promises or guarantees regarding the availability of book titles.

   The availability of books in your Queue may depend upon our practices regarding the allocation and shipment of books among our subscribers. We reserve the right to allocate and ship books among our subscribers and to process rental requests in any manner that we determine in our sole and absolute discretion. We may utilize a number of different factors in determining priority for shipping and inventory allocation, including, without limitation, when a book was added to a user's Queue, the number and type of books you rent through our Service, the average length of time in which you retain a book, the Subscription Plan you select, and other ways in which you use our Service. For example, we may give priority to those members who receive the fewest books through our Service. Our allocation and shipment practices, and our use, consideration and weighting of the various factors that may impact our shipping and inventory allocation determinations, may change from time to time and will be made in our sole and absolute discretion.

   As a result of fluctuating inventory availability and demand and the allocation and shipment practices described in these Terms of Service, the actual number of books you are effectively able to rent in any month may vary from time to time, and you may experience differences in availability and service level throughout the course of your subscription as well as differences between subscribers. This may include differences in the length of time it takes to ship your next book and the frequency with which you are receiving books from your Queue. These differences are more likely to occur when there is a book title with limited inventory or a high demand. You understand and agree that due to the various factors and allocation and delivery practices described in these Terms of Service, we may not always send you the top choices from your Queue or send you books within our established goal timeframes.

   Other factors that may affect our shipment of books to you, include, but are not limited to the timing of your placement or adjustment of books in your Queue and any downtime of our computer systems.

6. Delivery and Return of Books

   Books you have selected to rent are sent to you via the United States Postal Service or another carrier selected by Paperspine. We anticipate that most of our subscribers should receive their books in approximately three to five business days following shipment from our distribution center. However, the actual delivery times you experience will depend on a number of factors including, without limitation, the location of the distribution center shipping the book, the delivery location, and the circumstances affective delivery by the U.S.P.S.

   A book is considered returned when it is received and processed. Returned books are generally received and processed, and new books are generally shipped, Monday through Saturday, except Holidays, and we strive to process all returns the same day they are received. However, we make no guarantee as to the processing of returned books or the shipping and delivery of your next book, and the practices described herein are subject to change at any time without notice.

7. Cancellation

   You may cancel your Subscription at anytime by accessing your account through the Member Name link at the top of each page of the Site. Cancellation will be effective immediately, however, WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-SUBSCRIPTION PERIODS OR FOR ANY UNREAD BOOKS. Upon cancellation, you must return any outstanding rentals within fourteen (14) days. Failure to return such rentals within such fourteen (14) day period will result in your Payment Method being billed for the publishers recommended retail sales price for each item. We will send you a reminder email concerning unreturned books prior to charging your Payment Method.

8. Termination

   We reserve the right to terminate your account without notice at any time for any or no reason. Upon termination, you will be given fourteen (14) days to return any outstanding rentals. Failure to return such rentals will result in your Payment Method being billed the maximum amount for the publishers recommended retail sales price for each item. We will send you a reminder email concerning unreturned books prior to charging your Payment Method.

9. Lost or Damaged Books.

   You authorize Paperspine to charge your designated Payment Method for any books that you lose or damage. Lost books will be billed the maximum amount for the publishers recommended retail sales price for the lost item. Any books not returned within fourteen days of the cancellation or termination of your account may be deemed lost, in Paperspine's sole discretion. All of our books are sent and returned in protective packaging. If a book is returned to Paperspine damaged, Paperspine reserves the right to charge your Payment Method for the publisher’s recommended retail sales price of each damaged book. Notwithstanding the foregoing, if Paperspine determines, in its sole discretion, that a book was damaged during transit, Paperspine will not charge you for the damaged book.

   We will alert you of any potential charges prior to charging your Payment Method. If we determine, in our sole discretion, that the number of lost or damaged books on your account has become excessive, we may place your account on hold or terminate your account immediately upon notice.