Terms of Use - Follett Content Solutions
Effective August 29, 2022
Last Updated June 24, 2024
Welcome to the FollettContent.com website, (the “Follett Content Site”), a website owned and operated by Follett Content Solutions, LLC., with features, applications, widgets or online services that are owned or controlled by Follett Content Solutions, LLC, or any affiliate or subsidiary companies (“Follett Content Solutions,” “we,” or “us”), including, but not limited to, follettcontent.com, titlewave.com, eFairs and all other online services or offerings (collectively, “Services”) that post a link to these Terms of Use (“Terms”). The Services include online resources, Services, community forums, and contests, giveaways, sweepstakes or similar such programs offered or operated by Follett Content Solutions.
1. Terms of Use
These Terms apply to all users of the Services, but depending on the Services used by you, not all Terms may be applicable. As a user of the Services (“you” or “your”), agree that these Terms are a binding contract that applies to all of your use of the Services and the products you purchase through the Services. You agree that you will comply with these Terms. If you do not agree with these Terms, you should not use our Services. Consent to receive text messages is not a condition of purchase.
These Terms are effective as of the effective date identified above. These Terms are subject to change, without notice, so we encourage you to periodically review the Terms posted on the Services. Any changes will be posted on this site, become effective immediately, and will govern the use of the Services and purchases made through the Services.
Additional or different terms may apply to some offerings on our Services, such as return policies for certain products or Services, contests, or sweepstakes. Those terms will be posted on the Services in connection with the relevant offering. If the other terms are inconsistent with these Terms, the other terms will govern for the relevant offering.
The Services may contain links to goods, services, or content, including third-party stores where products may be available for purchase that are not under Follett Content Solutions' control. The information presented is made available for general informational purposes only. Follett Content Solutions is not responsible for the content of those offerings and will not be liable for any damages or loss caused by your use of or reliance on such goods and services or content. You should be aware that different terms may apply to your use of those offerings and we are not responsible for purchases you make, and additional or different purchase terms may apply.
2. Restrictions on Use of Services
By using the Services, you represent to us that you are (1) at least 18 years of age or are using the Services under the supervision of your parent or guardian, (2) able to enter into a binding contract, and (3) using the Services only as they are intended. All other use of the Services is prohibited.
3. Standards of Conduct
To maintain the integrity of our Services and the user experience of all users of the Services, you agree not to misuse our Services or their content. For example, you must not do (or try to do) any of the following, or encourage or assist others to do any of the following:
If you violate this Section, we may terminate your access to the Services, take other remedial actions, and seek any remedies permitted by law.
Confidentiality: You may, depending on your relationship with us, your use of the Services, or the types of transactions you engaged in with us, come into contact with confidential information of Follett Content Solutions, including, but not limited to, trade secrets, methods, details about the Services or products offered, and business or marketing plans (“Confidential Information”). The Confidential Information is owned solely by Follett Content Solutions and is considered to be proprietary and confidential. You agree to hold the Confidential Information in strict confidence and take reasonable measures to keep it secure. Your agreements contained in this paragraph shall survive the termination your account, your use of the Services, and/or the expiration of these Terms.
4. Accounts
Some of our Services offer you the opportunity to create a user account to access additional functionality such as making online purchases, or may require you to establish a user account to utilize a Service. This Section, “Accounts,” establishes additional terms that apply to such accounts.
You may only create and hold one account for each of the Services, and, unless you are granted administrative rights on behalf of a school or school district, you may not use anyone else’s account. When we request information from you to set up an account, you must provide us with accurate and complete information. You also must update your account when information you have provided to us changes. To update your account information, click on the “Account” link or other applicable account settings on the relevant Services.
You are responsible for maintaining the confidentiality of your user account login names and passwords, and you must not permit use of your account by anyone else. You acknowledge that properly authorized administrative personnel within your school or school district may access your account for supervisory purposes. Except for cases where such authorized personnel have accessed your account or others have impermissibly accessed your account, you accept responsibility for all activities that occur under your account, including without limitation product purchases made using your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We are not responsible for any loss or damage resulting from unauthorized use of your account.
You authorize us to use the contact information you provide us to communicate with you about your orders and our Services and products. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically, through posting or email, satisfy any legal requirement that such communications be in writing. You may opt out of receiving marketing emails from us by following the opt-out instructions provided to you in those emails.
We provide most of our products and services (e.g., Follett eFairs, ) to end users of an organization as a “data processor” on behalf of our customers (i.e., school districts, schools, libraries, and businesses). A data controller is a person, company, or other body that determines the purpose and means of personal data processing (this can be determined alone, or jointly with another person/company/body). It also means that your organization's privacy statement and agreements govern the use of your personal information (instead of ours). Please read your organization's privacy statement. Your organization determines what information we collect through our products and services and how it is used. We process your information according to your organization's instructions and the terms of our contracts with your organization, if applicable. By using any of the Follett Content websites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
We reserve the right to terminate your access to your account at any time, without notice, in our sole discretion for any or no reason, including but not limited to inactivity or misuse. If access to your account is terminated, you may lose access to any information stored in connection with your account, and any promotional account credits and any other forms of value that may be associated with your account. Upon termination, these Terms shall continue to apply to any other use of the Services that you are permitted to make.
You may disable your account at any time by contacting a customer service representative of the applicable Service. Your account will only be disabled after you have returned all books that have been rented to you (if any) and all transactions have been processed including payment of assessed penalties or the cashing of any refund check.
5. Mobile Services
Some of the Services may have features of the Services targeted to users of wireless devices (“Mobile Features”), including an SMS and/or MMS messaging program (“Messaging Program”). Your wireless provider may charge for use of Mobile Features, including fees for receipt of text messages or data transmission. In order to receive Mobile Features, your wireless provider may require you to subscribe to additional services, which may require additional fees. These fees are not charged by us, and you should contact your wireless provider before you sign up for Mobile Features to determine what fees, if any, will be charged.
By signing up for a Messaging Program, you agree to receive up to five (5) SMS and/or MMS messages per week. We may use autodialer or non-autodialer technology to send the text messages described above to the mobile phone number you use to opt in. Consenting to receive SMS and/or MMS messages is not a condition of purchase. Message and data rates may apply. Depending on your text plan you may be charged by your carrier. The service is a recurring message program.
To stop receiving messages, reply STOP to any message received. Once your telephone number is removed from our system, you will receive a final confirmation message and no further messages will be sent to your cell phone or mobile device.
By signing up for a Mobile Service, you agree that we may communicate with you (including, without limitation, by way of third-party messaging services) via SMS and/or MMS messaging to your mobile phone or device, and that certain information about your usage of the Mobile Service may be communicated to us. In the event you change or deactivate your mobile phone number, you agree to promptly update your account information to ensure that our messages intended for you are not sent to the person who acquires your old number. By signing up for a Mobile Service, including any Messaging Program, you agree to all of the other Terms laid out herein, including, but not limited to, Section 13 (Arbitration/Choice of Law) and Section 14 (Disclaimer/Limitation of Liability). You also agree to be bound by our Privacy Policy.
Carriers are not liable for delayed or undelivered messages.
6. Purchases
Some of our Services offer you the opportunity to order products. This Section, “Purchases,” states additional terms that apply to such orders.
Product Availability. Not all products are available in all styles, sizes, and colors.
Price and Availability. You will see the product price during the order process. All prices are in U.S. Dollars, unless noted otherwise. You agree to pay the stated price and any taxes and shipping fees, if any. We try to give accurate pricing information for our Services, but a Service price might be wrong sometimes. If we find that the right price is lower than the stated price, we will charge you the lower price. If we find that the right price is higher than the stated price, we don't have to sell you the Service at the stated price. We will try to contact you using your order details, and we will let you choose to cancel your order or pay the right price.
We cannot guarantee that all items displayed will be in stock at the time of your order. With respect to items rented through our website, we cannot confirm the price of an item until you place an order.
Product Descriptions. We try to be accurate when we describe and depict products on our Services. However, with regard to clothing, certain measures and other descriptions are only approximate. We also cannot guarantee that images we provide will be displayed properly on your device, or that our product descriptions and images, including depictions of color, texture and proportions, will always be complete, reliable, current and error-free. If you purchase a product from one of our Services that you believe is not as described or depicted, you may return it to the extent provided in the applicable return policy described below.
Taxes. Rentals and purchases through the Services may be subject to taxes in certain states. Depending on your state and the nature of the product or service you receive from us, you may incur rental tax, sales tax and/or use tax. Tax rates are different from state to state. You are responsible for paying all such taxes.
Discounts and Promotions. The specific terms of any discounts or other promotions are stated at the time they are offered. Promotions cannot be combined unless we specifically state otherwise. Eligibility for any promotions is determined at the time of your order.
Clearance Items. Products designated as “clearance” items will not return to higher, prior selling prices, but the same items may have been offered previously at or below the current price. Clearance items may (1) be available in limited quantities and sizes, (2) remain on the Services for only short times, and (3) be unavailable in stores. Clearance items are not returnable or refundable.
Ordering. When you click the “Place Order” button on a Service, you make an offer to buy the relevant products. While we may confirm receipt and processing of orders by email, such confirmation does not constitute our acceptance of your order. We cannot guarantee that all items displayed on your order confirmation will be in stock at the time your order is shipped. We reserve the right to reject or cancel any order, in whole or in part, at any time prior to shipping. If we do, we will attempt to notify you using the contact information provided in connection with your order. You agree not to try to exceed stated quantity limits (except where specifically noted), violate the terms of any specific offer or promotion, or place orders through the Services if we have notified you that you are prohibited from placing orders through the Services.
Payment. We accept only the payment methods indicated on the Services. When you provide payment information, you represent that the information is accurate and that you are authorized to use the payment method provided. If your payment method has expired or is otherwise invalid when processed, you remain responsible for payment, and for all costs we incur in collecting any unpaid amounts, including, but not limited to, attorney and collections fees.
Shipping to our Retail Customers. Shipping options and applicable charges for our retail customers will be stated during the order process. The U.S. Postal Service delivers to P.O. boxes, but this method may delay your order. Please note that Next Business Day and 2nd Business Day shipping options are not available for delivery to P.O. boxes. We will send you emails with updates on your order's status as they become available. Additional charges may apply for shipments to Alaska and Hawaii and other countries outside the United States.
Stated shipping times and delivery estimates are only estimates and are not binding. If a product becomes unavailable between ordering and processing, we will cancel your order and attempt to notify you using the contact information provided in connection with your order. Legal title to products, and the risk of loss or damage to the products is transferred to you when products are provided to the carrier. We are not responsible for any delivery delays. You will be responsible for filing any claims with the carrier for damaged and/or lost shipments.
Shipping to our Wholesale Customers. Shipping to our institutional wholesale customers shall be subject to the terms disclosed to you at the time of purchase or by the terms mutually agreed upon in writing by you and Follett Content Solutions.
International Shipping. Shipping to addresses outside the U.S. is available on a limited basis and may be subject to additional terms, fees, and restrictions. Such information will be provided during the checkout process. If you have any questions or require additional information about shipping to addresses outside the U.S. please contact us using the information in Section 17 below.
Returns. We hope you are happy with the products you purchase. However, most items we sell may be returned to us under certain circumstances, as explained in the return policy posted on the relevant Services. We reserve the right to refuse to issue a refund or credit, and the right to recover the cost of return delivery from you, if any product you return (1) is not eligible for return, in accordance with the relevant return policy or the terms of any specific offer or promotion, or (2) is found to have suffered damage after delivery to you, including as a result of having been misused by you. We take legal title to returned products only after they arrive and are processed at our designated returns location.
Return terms and policies may vary by Service. Please check the return policy of the Service for details where you are making the purchase. Where the Return terms and policies are different from what is stated above in these Terms, the specific Return terms and policies govern the return.
Follett Content Solutions (K12) Customer Support: +1.888.511.5114
Gift Certificates. Gift certificates purchased through the Services will be considered to have been purchased in and issued from the State of Illinois. Title and the risk of loss to such gift certificates pass to the purchaser upon our electronic transmission to the recipient.
7. Follett Content Solutions Brand-Specific Terms
Follett Content Solutions. Notwithstanding anything to the contrary set forth herein, the following shall apply to any orders submitted through a Follett Content Solutions website including Follett’s eFair portal. Upon shipment of your ordered items or completion of ordered services, Follett Content Solutions will issue you an invoice that will be payable net thirty (30) days. Unless otherwise indicated, all prices are in U.S. dollars. eBook products are sold subject to their applicable Software License Agreement. MakerSpace and other ancillary products sold by Follett Content Solutions are sold subject to the manufacturer's warranty (if any) enclosed in manufacturer's packaging, unless an extended maintenance agreement has been purchased above and beyond the manufacturer's warranty. Follett Content Solutions reserves a purchase money security interest in any goods ordered on our site until such goods are paid for in full. All delivery is Free On Board (FOB) to your location. Prices are Follett Content Solutions’ net prices to schools and libraries and are subject to change. Applicable sales tax will be added to your invoice unless you submit evidence of tax exemption. Stated shipping times and delivery estimates are only estimates and are not binding. If a product becomes unavailable between ordering and processing, we may substitute with a comparable product and process the remainder of your order.
8. Community Forums and User Content
Some of our Services offer you the opportunity to provide comments or otherwise transmit material through our Services (collectively, “Community Forums”) including, but not limited to, follettchallenge.com, and Follett Content Solutions official social media accounts on Facebook and Twitter. Information that you provide to us, other than product orders and personal information, is referred to in these Terms as “User Content.” Profile information provided with registration for the Community Forums (e.g., name) may be displayed with the content. Section 8, “Community Forums and User Content,” states additional terms that apply to User Content.
When you provide User Content, you grant us a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, fully sub-licensable license to use, reproduce, create derivative works of, distribute, perform, display and in any other way exploit the User Content by any means now known or developed in the future, and for any purpose, including for developing, manufacturing, and marketing products and in advertising. You agree that (1) User Content is not being provided to us in confidence; (2) there is no confidential or fiduciary relationship between you and us; and (3) you have no expectation that we will review, acknowledge or compensate you for your User Content.
To avoid the possibility of misunderstandings, our policy is not to accept creative ideas, product designs, proposals, business plans or similar materials provided as User Content. Please do not provide us with such materials. If you nonetheless do so, the immediately preceding paragraph will apply.
You bear all responsibility for your User Content. You agree not to provide User Content that (1) violates applicable law; (2) is harmful, abusive, offensive, false, threatening, disparaging, defamatory or racist; (3) promotes violence or unlawful activity; (4) violates any person’s or entity’s legal rights (including intellectual property, privacy and publicity rights); or (5) purports to speak on behalf of us. When you provide User Content, you represent that you have the right to provide it to us and that it is not inaccurate, false, or misleading.
We may refuse or remove User Content without notice to you. We may monitor User Content but are not required to do so. You agree that we will not be liable for any loss or damage resulting from your User Content or similar submissions made by other users.
9. Contests and Sweepstakes
We may offer sweepstakes, giveaways, contests, or other similar such programs (“Content programs”) which may be hosted by or offered in conjunction with third parties. Additional or different terms may apply to such Content Programs. The relevant terms will be posted where information is collected to enter into the Content Programs . If the other terms are inconsistent with these Terms, the other terms will govern for that Content Program.
10. Changes to Services
We reserve the right to take any of the following actions in our discretion at any time, and without giving you prior notice:
We will not be liable to you or any third party for taking any of these actions.
11. Copyright, Trademarks, and other Intellectual Property
We grant you a limited non-exclusive, non-transferrable license to access and use our Services for your personal, non-commercial use only in accordance with these Terms. Any commercial use; any unauthorized use of a “robot,” “spider,” “scraper,” artificial intelligence, or other automated means; use in violation of the policy of any school represented on the Services; or use for data collection and/or profit is not allowed.
This license authorizes you to view, download, print, and access eBooks, video, audio, graphics, photos, text, special features, and/or messages (collectively "Content") via the Services in accordance with the terms of this Agreement during the timeframe in which your account is active and for the duration of the access window for each individual Content item. Unless you are otherwise authorized by Follett Content Solutions to do so, you agree not to (1) archive, store in a database, use artificial intelligence or otherwise copy any part of the Services or their content; (2) modify or otherwise create derivative works of the Services or their content; (3) distribute or otherwise disseminate any part of the Services or their content; and (4) in any way exploit any part of the Services or their content.
All Content on the Services, including text, site design, graphics, images, data compilations, lists, bibliographic information, book covers, artificial intelligence and software, is the property of Follett Content Solutions or its licensors and is protected by U.S. and international copyright law. You must comply with all such laws. Downloading, printing, copying, distributing, use of artificial intelligence or using the contents of any pages in the Services in any manner inconsistent with the license granted above and without prior written consent from Follett Content Solutions is prohibited. All rights not expressly granted herein are reserved.
Follett®, and the other trademarks used on the Services are the property of Follett Content Solutions or a third party who may or may not be affiliated with or sponsored by Follett Content Solutions. You agree not to use the trademarks in any manner that infringes upon the ownership rights of Follett Content Solutions or such third party.
As between you and us, we retain all right, title, and interest in and to our Services, products, content, artificial intelligence, and technology. You agree not to remove, obscure or alter any trademark, copyright or other legal notices on the Services. You also agree not to use our trademarks in meta tags, search terms (paid or unpaid) or in any way that is likely to cause confusion or that disparages or discredits us.
12. Notice of Copyright Infringement:
We respect the intellectual property rights of others. If you believe that content on the Services infringes your copyright, you may send a notification pursuant to Section 512 of the Copyright Act (17 U.S.C. § 512) to our designated agent as follows: legal@follettcontent.com.
13. Indemnity
User agrees to indemnify, defend, and hold Follett Content (and its affiliates, employees, contractors, agents, suppliers, and partners) and each Follett Content Provider harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including reasonable attorneys' fees, brought by any third party due to or arising out of (i) such User’s use of the Follett Content Services, (ii) any alleged breach or violation of the Terms of Use or (iii) such User’s violation of any law or the rights of a third party. Follett Content reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify Follett Content, and User agrees to cooperate with Follett Content’s defense of such matter. This defense and indemnification obligation is intended to extend to the fullest extent permitted by law and will survive the Terms of Use and your use of the Follett Content Services.
14. DISCLAIMER OF WARRANTIES
(A) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS PROVIDE THE FOLLETT CONTENT SERVICES AND ANY FOLLETT CONTENT ACCOUNT ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER. THE USE OF THE FOLLETT CONTENT SERVICES OR ANY FOLLETT CONTENT ACCOUNT IS AT YOUR SOLE RISK. NEITHER WE NOR OUR SUPPLIERS, AFFILIATES OR LICENSORS (AS APPLICABLE) MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, THAT THE FOLLETT CONTENT SERVICES, ANY FOLLETT CONTENT ACCOUNT, OR THEIR USE WILL: (I) BE UNINTERRUPTED OR SECURE; (II) BE FREE OF DEFECTS, INACCURACIES OR ERRORS; OR (III) OTHERWISE MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, LACK OF HIDDEN OR LATENT DEFECTS, SECURITY, MERCHANTABILITY, SATISFACTORY QUALITY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OR ARISING BY REASON OF CUSTOM OR USAGE IN THE TRADE OR BY COURSE OF DEALING.
(B) FOLLETT CONTENT IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY USER-CREATED CONTENT POSTED ON THE FOLLETT CONTENT SERVICES OR THROUGH THE FOLLETT CONTENT SERVICES. USER-CREATED CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF FOLLETT CONTENT. PROFILES AND THIRD-PARTY APPLICATIONS CREATED AND POSTED BY USERS ON THE FOLLETT CONTENT SERVICES MAY CONTAIN LINKS TO OTHER WEBSITES. FOLLETT CONTENT IS NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, OR OPINIONS EXPRESSED ON SUCH WEBSITES, AND SUCH WEBSITES ARE NOT NECESSARILY INVESTIGATED, MONITORED, OR CHECKED FOR ACCURACY OR COMPLETENESS BY FOLLETT CONTENT. INCLUSION OF ANY LINKED WEBSITE ON THE FOLLETT CONTENT SERVICES DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY FOLLETT CONTENT. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. FOLLETT CONTENT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE FOLLETT CONTENT SERVICES.
15. Governing Law and Jurisdiction
The Follett Content Services are created and controlled by Follett Content Solutions, LLC. The laws of the State of Illinois shall govern the Terms of Use and the website, without giving effect to any choice or conflict of law provision or rule. Any dispute arising hereunder, of related thereto, shall be litigated in the State of Illinois and venue shall lie in the Federal Courts of the United States located in the Northern District of Illinois.