Terms Of Service

Effective Date: March 22nd, 2024

1. Governing Agreement

The terms of this agreement (“Terms of Service” or “Terms”) govern the relationship between CSAshford.com ("we", "us", or "our") and our users ("users", "you", or "your") regarding the use of our Services, which include our current website and any future websites (each a "Site") created by CSAshford.com (collectively “Services”).

2. Privacy Policy

Use of our Services is also governed by our Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. We designed our Privacy Policy to make important disclosures about how we collect and use your information. We encourage you to read our Privacy Policy carefully and use it to make informed decisions.

By using our Services you accept and agree to be bound by these Terms of Service and consent to the collection, use and storage of your information as outlined in our Privacy Policy. If at any point you do not agree to any portion of the then-current version of our Terms of Service, our Privacy Policy, or any other CSAshford.com policy, rules or codes of conduct relating to your use of our Services, your license to use our Services shall immediately terminate and you must immediately stop using our Services.

3. Grant Of A Limited License To Use Our Services

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant CSAshford.com policies, CSAshford.com grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license subject to the limitations set out herein to access and use the Services using a CSAshford.com supported web browser or mobile device solely for your own non-commercial entertainment purposes. You agree not to use our Services for any other purpose.

4. Accessing Our Services

By accessing or using our Services, including browsing any current or future websites created by CSAshford.com, you accept and agree to these Terms of Service and our Privacy Policy. You warrant that you are not prohibited from receiving products of U.S. or Canadian origin, including services or software. If you are under 18, you represent that your legal guardian has reviewed and agreed to these Terms.

You must provide all equipment and software necessary to connect to our Services, including, but not limited to, a mobile device that is suitable to connect with and use our Services, in cases where our Services offer a mobile component.

You are solely responsible for any fees, including internet connection or mobile fees that you incur when accessing our Services.

5. Use Of Our Services

The following restrictions apply to the use of our Services:

You shall not access our Services if you are under the age of 13.

You shall monitor and restrict use of our Services by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of our Services by minors.

You shall not sign-up for the C.S. Ashford Book Club using a false identity or information, or on behalf of someone other than yourself.

You shall not use our Services if you have previously been removed by CSAshford.com or previously been banned.

You shall not use our Services if you are located in a country embargoed by Canada or the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals.

6. Book Club Information

When using our Services you may choose to join the C.S. Ashford Book Club. When signing-up, you will be required to provide us with certain personal information, which includes your name and email address. This information will be held and used in accordance with our Privacy Policy and relevant “just-in-time” notices, if any, promptly provided at the point of information collection or use. You agree that you will provide accurate and complete information to CSAshford.com, and that you will update that information if it changes.

CSAshford.com may send periodic communications to emails used to sign up, for website announcements, important changes, events, offers or any other information. You can always unsubscribe from these communications at any time.

CSAshford.com reserves the right to remove any subscriber at any time and for any reason.

7. Rules Of Conduct/Usage

You agree that you will not, under any circumstances:

Engage in any act that CSAshford.com deems to be in conflict with the spirit or intent of our Services, including, but not limited to, circumventing or manipulating these Terms or Policies.

Make improper use of CSAshford.com’s support services, including by submitting false reports or using profane and abusive language in your communications with our support personnel.

Use our Services, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation.

Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with our Services.

Use our Services in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software designed to modify or interfere with our Services.

Without CSAshford.com’s express written consent, modify or cause to be modified any files that are a part of our Services.

Disrupt, overburden, or aid or assist in the disruption or overburdening of (a) any computer or server and/or cloud services used to offer or support our Services; or (b) the enjoyment of our Services by any other person.

Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon our Services, or other attempts to disrupt our Services or any other personal use or enjoyment of our Services.

Attempt to gain unauthorized access to our Services, Servers, or networks connected to our Services by any means other than the user interface provided by CSAshford.com, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of our Services.

Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.

Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content.

Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse or harm of another person or group.

Make available through our Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person.

Without CSAshford.com’s express written consent, use our Services or any part thereof for any commercial purpose.

Transmit unauthorized communications through our Services, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items.

Interfere or attempt to interfere with the proper functioning of our Services or connect to or use our Services in any way not expressly permitted by these Terms of Service.

Use any unauthorized third-party software that accesses, intercepts, “mines”, or otherwise collects information from or through our Services or that is in transit from or to our Services.

Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or our Services, whether through the use of a network analyzer, packet sniffer or other device.

Make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure.

Bypass any robot exclusion headers or other measures we employ to restrict access to our Services or use any software, technology, or device to send content or messages, scrape, spider, or crawl our Services, or harvest or manipulate data.

Use, facilitate, create, or maintain any unauthorized connection to our Services, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate any part of our Services; or (b) any connection using programs, tools, or software not expressly approved by CSAshford.com.

Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide our Services, or to obtain any information from our Services using any method not expressly permitted by CSAshford.com.

Copy, modify or distribute rights or content from any CSAshford.com site, or CSAshford.com’s copyrights or trademarks or use any method to copy or distribute the content of our Services except as specifically allowed in these Terms of Service.

Solicit or attempt to solicit personal information from other users of our Services.

Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through our Services.

Upload or transmit or attempt to upload or transmit, without CSAshford.com’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

These rules of use are not meant to be exhaustive, and CSAshford.com reserves the right to determine what conduct it considers to be a violation of the Terms or improper use of the Services and to take action up to and including exclusion from further participation in the Services.

Any use of our Services in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license granted herein, and may subject you to liability for violations of law. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH OUR SERVICES INCLUDING UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY CSASHFORD.COM SITE IS A VIOLATION OF CSASHFORD.COM POLICY AND MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

8. Suspension And Termination Of Services

WITHOUT LIMITING ANY OTHER REMEDIES, CSASHFORD.COM MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCESS TO OUR SERVICES OR PORTIONS THEREOF IF YOU ARE, OR CSASHFORD.COM SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF OUR SERVICES, WITH OR WITHOUT NOTICE TO YOU. CSASHFORD.COM IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE OUR SERVICES OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES, AND THEIR CONTENT, SERVICES AND TOOLS, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING OUR SERVICES IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD-PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.

CSAshford.com reserves the right to stop offering and/or supporting the Services or part of the Services at any time either permanently or temporarily, at which point your license to use the Services or a part thereof will be automatically terminated or suspended. In such an event, CSAshford.com shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued elements of the Services.

9. Ownership

Our Services (including without limitation any novels, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, and audio-visual effects) are copyrighted works either owned by or licensed to CSAshford.com. CSAshford.com reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with our Services. This includes CSAshford.com and any future websites created by CSAshford.com.

10. Links To Third-Party Sites

CSAshford.com may provide links on the Services to third-party websites (including Social Media Channels) or vendors. Any charges or obligations you incur in your dealings with these third-parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services provided by any third-party, even if linked to from our Services, and will not be liable for any claim relating to any third-party content, goods and/or services. The linked sites are not under the control of CSAshford.com and may collect data or solicit personal information from you. CSAshford.com is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by CSAshford.com of these linked sites.

When you access third-party websites or services, you do so at your own risk. You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third-party websites or services and that you will act in accordance with those policies, in addition to your obligations under this agreement.

11. Disclaimers / Limitations / Waivers / Indemnification

11.1 Disclaimer Of Warranties

You expressly agree that use of our Services is at your sole risk and is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent prohibited under applicable law with any legally required warranty period to the shorter of thirty days from first use or the minimum period required).

Without limiting the foregoing, neither CSAshford.com nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, “CSAshford.com parties”) warrant that the Services will be uninterrupted or error-free.

11.2 Limitations; Waivers Of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE CSASHFORD.COM PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE CSASHFORD.COM PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE CSASHFORD.COM PARTIES LIABLE, FOR THE CONDUCT OF THIRD-PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICES AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE CSASHFORD.COM PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID CSASHFORD.COM IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID CSASHFORD.COM ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH CSASHFORD.COM IS TO STOP USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF CSASHFORD.COM.

11.3 Indemnification

You agree to indemnify, save, and hold CSAshford.com, its affiliated, subsidiary and parent companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Services, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. CSAshford.com reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CSAshford.com, and you agree to cooperate with CSAshford.com's defense of these claims. CSAshford.com will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of the Services.

12. Dispute Resolution

12.1 General

If a dispute arises between you and CSAshford.com, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and CSAshford.com agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services (a “Claim”) in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first Contact Us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

12.2 Law And Forum For Legal Disputes

By visiting or using our Services, you agree that the laws of the Province of Ontario and the applicable laws of Canada, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and CSAshford.com. Any claim or dispute between you and CSAshford.com that arises in whole or in part from these Terms or your use of the Services shall be decided exclusively by a court of competent jurisdiction located in Ontario, Canada, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the provincial and federal courts of Ontario, Canada.

12.3 Arbitration Option

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $15,000 USD, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.

12.4 Improperly Filed Claims

All claims you bring against CSAshford.com must be resolved in accordance with the Terms. All claims filed or brought contrary to the Terms shall be considered improperly filed. Should you file a claim contrary to the Terms, CSAshford.com shall be entitled to recover attorneys’ fees and costs up to $10,000 USD, provided that CSAshford.com has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

13. Severability

You and CSAshford.com agree that if any portion of these Terms of Service or of the CSAshford.com Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.

14. General Provisions

14.1 Assignment

CSAshford.com may assign or delegate these Terms of Service and/or the CSAshford.com Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without CSAshford.com's prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

14.2 Supplemental Policies

CSAshford.com may publish additional policies related to specific Services such as applications for forums, or contests. Your right to use such Services is subject to those specific policies and these Terms of Service.

14.3 Entire Agreement

These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including CSAshford.com's Privacy Policy), contain the entire understanding of you and CSAshford.com, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Services.

14.4 Language Of The Terms Of Service

If we provide you with a translation of the English language version of these Terms of Service, the CSAshford.com Privacy Policy or any other policy (collectively “CSAshford.com Policies”), then you agree that the translation is provided for informational purposes only and does not modify the English language version of the CSAshford.com Policies.

In the event of a conflict between a translation of the CSAshford.com Policies and the English version, the English version of the CSAshford.com Policies will control.

14.5 No Waiver

The failure of CSAshford.com to require or enforce strict performance by you of any provision of these Terms of Service or the CSAshford.com Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of CSAshford.com's right to assert or rely upon any such provision or right in that or any other instance.

The express waiver by CSAshford.com of any provision, condition, or requirement of these Terms of Service or the CSAshford.com Privacy Policy shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Except as expressly and specifically set forth in these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by CSAshford.com shall be deemed a modification of these Terms of Service nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of CSAshford.com.

14.6 Notices

We may notify you via postings on www.csashford.com, Social Media Channels, and via email or any other communications means using contact information you provide to us. All notices given by you or required from you under these Terms of Service or the CSAshford.com Privacy Policy shall be in writing, submitted through our Contact Us page, and will include your full name and a detailed description of why you are contacting us. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

14.7 Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Service to CSAshford.com are of a unique and irreplaceable nature, the loss of which shall irreparably harm CSAshford.com and which cannot be replaced by monetary damages alone. Accordingly, CSAshford.com shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by as set out herein.

14.8 Force Majeure

CSAshford.com shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of CSAshford.com, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond CSAshford.com's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

15. Updates To The Terms Of Service And Privacy Policy

We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms of Service and our Privacy Policy at any time by posting the amended Terms on or within our Services. You may also be given additional notice, such as an email message or messaging within our Services, of any changes. You will be deemed to have accepted such changes by continuing to use our Services. Except as otherwise stated, all amended terms shall automatically be effective after they are initially posted. CSAshford.com may also revise other policies, codes or rules at any time, and the new versions will be available at www.csashford.com. No amendment to the Terms of Service or Privacy Policy shall apply to any dispute of which CSAshford.com had actual notice before the date of the amendment.

To the extent the Terms of Service or CSAshford.com Privacy Policy conflict with any other CSAshford.com terms, policy, rules or codes of conduct, the terms contained in these Terms of Service and in the CSAshford.com Privacy Policy shall govern.