Welcome to gobookji.com. We (“we”, “us”, or “Bookji”) are delighted to have you (“you”) on our website.
The following Terms of Service ("ToS") govern all use of the www.gobookji.com website (the "Website") and all content, services, features, activities, and products available, including the Bookji application (collectively the “Services”) at or through the Website.
The Services are provided by Bookji Inc., a company organized under the laws of the USA, having its principal place of business at 125 Contina, Suite #3, Mountain Village, Co 81435, USA.
Please read these ToS carefully before you start using the Services.
Last updated: 11/03/2023
If you (“you”) do not agree with all the terms and conditions of this Agreement, please refrain from using the Website or the Services. These ToS may be amended occasionally, and Bookji will submit them to you by email. Upon logging into the Website, your explicit acceptance of the new ToS shall constitute your consent to such changes.
These ToS apply to all: (i) schools, school districts, and related entities and organizations that sign up to use the Services, including but not limited to administrators, teachers, librarians and students who access the Services on their behalf (each a “School”); (ii) non-School affiliated visitors, users, and others, including students who use the Services;
“Student Data” is any information (in any format) that is directly related to any identifiable current or former student that is maintained by a School, and may include “educational records” as defined by the Family Educational Rights and Privacy Act (“FERPA”) that School provides to us.
“Users “ are defined as those individuals who are using the Bookji Services.
These ToS constitute the entire agreement between you and Bookji in relation to their subject matter, superseding and extinguishing any prior agreements, arrangements, or undertakings of any nature between you and Bookji, whether oral or written, in relation to such subject matter. You may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
To use the Website, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service and/or telephony fees associated with such access.
You have obtained and shall maintain all consents, licenses, and necessary filings and settings for the Website and/or intellectual property rights related to any Services, to be available to you. You shall guarantee that the Services will not be used to violate any law, regulation, or rights of third parties, including intellectual property rights, or to incite or facilitate such a violation.
Most areas of the Website will require registration. By registering, you represent and warrant that: (a). you are eligible for an account as outlined in these ToS; and (b). the personal information you include as part of the registration process is accurate, up to date, and not misleading; and (c). you are entitled to access and use the Services according to any laws and /or regulations that may apply to you, notably but not limited to laws and/or regulations on the protection of minors.
User accounts may be obtained and used only by individuals (i) who are eighteen years old (18) or of legal age in their country of residence, if such age exceeds eighteen (18), or (ii) whose registration has been authorized by their parents or legal representatives, if they are below the legal age in their country of residence.
You agree to be solely and entirely responsible for maintaining the confidentiality of your user account, login (user name), and password/pin and for any activity that may occur through your user account.
Upon obtaining an account, you shall have access to the Services and the functionality that Bookji establishes and maintains through your login and password.
Bookji reserves all rights to take legal action against anyone who misrepresents personal information or is otherwise untruthful about their identity in connection with their use of the Services. Notwithstanding the foregoing, you acknowledge that Bookji cannot guarantee the accuracy of any information submitted by any user or the identity of any user who chooses to use the Services.
You acknowledge that Bookji is not responsible for third party access to your account that results from theft or misappropriation of your account.
Bookji provides free and paid licenses to use School and Teacher accounts, as our pricing page outlines. Individual student accounts are connected to School and Teacher accounts and require a paid subscription. If you have any questions regarding our pricing, please contact us at: firstname.lastname@example.org.
Bookji is concerned about the safety and privacy of all its users, particularly children. For this reason, children should be assisted by their parents, legal representatives, or teachers/school employees to access the Services by helping them set up any relevant accounts and supervising their access to the Website and Services. Bookji agrees that students’ personally identifiable information stays under the parents’ and school’s direct control.
Suppose a parent or a legal representative becomes aware that their represented minor has registered with Bookji without express authorization. In that case, they should contact us using the information at the end of this page. We will delete such accounts from our files within five (5) working days.
Bookji provides certain Services which may be used by children. Children are not regarded as fully independent users of the Website and Services. Bookji warns parents/guardians or teacher/school employees about the diversity and the nature of the content available on the internet, which might harm minors. It is the parents’/guardians’ or teacher’s/school employee’s responsibility, respectively, to ensure that the use of the Bookji Website and Services is in accordance with the ToS and to safeguard the children’s safety and privacy. Apart from the limitations within the functioning of the Services, Bookji has no control over how parents/guardians or teachers/School employees oversee the children’s use of the Website or Services as Bookji does not interact directly with the children using the Website or Services. Parents, legal representatives, teachers and school employees shall determine what Services available on the Website minor children are allowed to use and monitor the use of the Services by the minor.
If you use an email address provided by an organization you are affiliated with (e.g. an employer or a school), herein “Organization”, to order the Bookji Service, you represent that you have authority to use that Organization’s domain to sign up for a Bookji subscription plan in your capacity as a member of that Organization. The Organization, as the owner of the domain associated with your email address, may assume control over and manage your use of the Bookji Services. In such a case, your Organization’s designated administrator may (i) control and administer your account, including modifying and terminating your access and (ii) access and process your data, including the contents of your communications and files. Bookji may inform you that your associated Organization has assumed control of the Bookji Services covered by your subscription plan, but Bookji is under no obligation to provide such notice. If your Organization is administering your use of the Bookji Services or managing the tenant associated with your subscription plan, direct your data subject requests and privacy inquiries to your administrator. If your Organization is not administering your use of the Bookji Service or managing such tenants, direct your data subject requests and privacy inquiries to Bookji by contacting us at email@example.com.
The Website or Services may contain links to, or embedded content from, other websites ("Linked Sites"). The Linked Sites are not under the control of Bookji and Bookji is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The inclusion of any link does not imply endorsement by Bookji of the site or any association with its operators.
Certain services made available via the Website or Services are delivered by third party sites and organizations. By using any product, service or functionality originating from the gobookji.com domain, you hereby acknowledge and consent that Bookji may share such information and data with any third party with whom Bookji has a contractual relationship to provide the requested product, service or functionality on behalf of gobookji.com users and customers.
The Services may contain interactive features like personal messaging, user reactions, and functions that allow Users to post, submit, publish, display, or transmit (collectively, “Share”) messages, content and other materials (“User Contributions”) to Users or other persons content or materials on or through the Services. All User Contributions must comply with this Agreement.
You agree to only to post, send and forward messages and material that are proper and related to the Bookji Service. By way of example, and not as a limitation, you agree that when making User Contribution, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, conduct or forward contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
You represent and warrant that you own or control all rights in and to the User Contributions, have the right to grant the licenses granted above, and all of your User Contributions do and will comply with this Agreement.
You understand and acknowledge that you are responsible for any User Contributions you Share, and you, not we, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User.
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services.
YOU WAIVE AND HOLD US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION WE OR OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS TAKE DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS RELATED TO SUCH COOPERATION.
We cannot review all User Contributions before they are Shared, and cannot ensure prompt removal of objectionable material after it has been posted. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described above.
By law, a student or parent may have the right to request modification or deletion of Student Data. All such requests should be submitted to the student’s school and not to Bookji. Upon written request received from a School, we will delete a student’s Student Data (other than De-Identified Data) in our possession at any time. We will comply with the request in a commercially reasonable time not to exceed ten (10) business days (other than data residing on backups or internal logs which will be removed within sixty (60) days). We may not be able to delete information that was previously shared with others through the Service, such as the content of messages.
Bookji reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or Services (or any part thereof) with or without notice. You agree that Bookji shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Website. Although Bookji will take reasonable care in ensuring the Content is up to date, any of the Content may be out of date at any given time, and Bookji is under no obligation to update such Content.
Bookji may add, delete, or change some or all of the Services. You are responsible for paying all applicable taxes and for all hardware, software, service, and any other costs you incur to access your account.
Bookji reserves the right, in its sole discretion, to change the ToS under which the Website and Services are offered. The most current version of the ToS will supersede all previous versions. Bookji will notify registered users with valid email addresses, before making any changes. We also encourage you to periodically review the ToS to stay informed of our updates.
The source code for, and all content, more generally, every element displayed on or available through the Website or Services, are the exclusive property of Bookji or are used by Bookji with the express permission of the copyright and/or trademark owner.
You acknowledge and agree that copyright, trademark, or other intellectual property rights infringement may result in legal action.
Bookji grants you a limited, revocable, non-exclusive license to access the Website and Services to, as applicable, research, view, make legitimate inquiries or comments, and use Services for personal purposes only, all in accordance with the ToS.
Any other use of the Website is expressly prohibited. Importantly, this license does not include any right of collection, aggregation, copying, duplication, display, or derivative use of the Website nor any right to use data mining, robots, spiders, or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the preceding exclusion is provided to general purpose internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Website, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent.
Please don’t do anything to harm our product or try to hack our Services. Specifically, by using the Website or Services, you agree not to do any of these things: (i) copy, distribute, or disclose any part of the Website or Services in any medium, including but not limited to by any automated or non-automated “scraping”; (ii) use any automated system, including but not limited to “robots,” “spiders,” “offline readers,” etc., to access the Website or Services in a manner that sends more request messages to the Bookji servers than a human can reasonably produce in the same period of time by using a conventional online web browser; (iii) transmit spam, chain letters, or other unsolicited email; (iv) attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Website or Services; (v) take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (vi) transmit any malicious software agents through the Website or Services; (vii) collect or harvest any third-party personally identifiable information, including account names or Student Data, from the Website or Services; (viii) use the Website or Services for any commercial solicitation purposes; (ix) impersonate another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfere with the proper working of the Website or Services; (xi) access any content on the Website or Services through any technology or means other than those provided or authorized by the Website or Services; or (xii) bypass the measures we use to prevent or restrict access to the Website or Services, including but not limited to features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or Services or related content.
We continually update our Website and Services to offer the best possible product. While we plan to continue to offer and improve our Website and Services, we may, without prior notice, change, cancel, create usage limits for, or permanently or temporarily stop offering or allowing you access to the Website or Services generally (“Service Changes”). While we’ll try to give you advance notice of Service Changes that will adversely affect you, this might not be practical or possible and we retain the right to make Service Changes without notice and liability for any reason. If this Agreement ends you continue to be bound by it in any interactions you may have with the Website or Services.
You are fully responsible for your interactions with other Users, and we have no liability for your interactions with any other Users, or for any User’s actions or inactions with respect to you.
You agree to defend, indemnify and hold harmless Bookji and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website or Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including but not limited to your breach of any of the representations and warranties; (iii) your violation of any third-party right, including but not limited to any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation, including but not limited to FERPA, the Protection of Pupil Rights Amendment (“PPRA”), and the Children’s Online Privacy and Protection Act (“COPPA”); (v) any content or information that is submitted via your account; or (vi) any other party’s access and use of the Website or Services with your unique username, password or other appropriate security code.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
A. YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BOOKJI EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, AND OTHER TERMS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED TERM OF ACCURACY, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY TERM AS TO THE PROVISION OF SERVICES TO A STANDARD OF REASONABLE CARE AND SKILL OR AS TO NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT.
B. BOOKJI MAKES NO WARRANTY OR REPRESENTATION THAT (I) THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICES, CONTENT OR ANY FEEDS FROM IT, WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES, OR ANY FEEDS FROM IT, IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. COMMENTARY AND OTHER MATERIALS POSTED ON THE WEBSITE OR SERVICES, OR CONTAINED IN ANY FEEDS FROM IT, ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOOKJI OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY OR OTHER OBLIGATION NOT EXPRESSLY STATED IN THE TOS, AND BOOKJI DISCLAIMS ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BOOKJI, UNLESS FRAUD OR GROSS NEGLIGENCE, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOOKJI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES, NOTABLY BUT NOT LIMITED TO THE UNAUTHORIZED ACCESS AND / OR USE BY A MINOR CHILD; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; (IV) RESULTS OF THE WEBSITE OR SERVICES, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT; OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE OF THESE TOS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE. IF YOU DO NOT DO SO, YOU EXPRESSLY WAIVE ANY RIGHT YOU HAVE TO DO SO.
IN NO EVENT SHALL BOOKJI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BOOKJI HEREUNDER OR $100.00, WHICHEVER IS GREATER.
The Services are controlled and operated from US-based facilities, and we make no representations that they’re appropriate or available for use in other locations. If you access or use the Services from other jurisdictions, you understand that you’re entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. Because we have to say this, you may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TOS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
For clarity and without limitation, we will not use Student Data to: (i) advertise or market to students or to direct targeted online advertising to students, (ii) advertise or market educational products and services to parents/guardians, unless with consent of the parent/guardian and/or School, (iii) develop a profile of a student, parent/guardian or group, other than for the purpose of providing educational services or as authorized by School or by a parent/guardian, or (iv) for any other commercial purpose unless authorized by School or permitted by applicable law. Notwithstanding the foregoing, nothing in this section shall be read to prohibit Bookji from: (a) marketing educational products and services directly to parents, guardians or School employees so long as the marketing does not result from the use of Student Data obtained by Bookji from providing the Services, (b) using Student Data to recommend educational products or services to parents/guardians or School employees so long as the recommendations are not based in whole or in part by payment or other consideration from a third party, or (c) using aggregate information to inform, influence or enable marketing, advertising, or other commercial efforts, generally.
Notices to you may be made via either email or by post at the relevant email or postal address provided by you to Bookji from time to time. The Website may also provide notices of changes to the ToS or other matters by displaying notices or links to notices to you generally on the Website
Bookji respects artist and content owner rights. It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
*** Under Federal Law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees. ***
This procedure is exclusively for notifying us that your copyrighted material has been infringed. The requirements above are intended to comply with our rights and obligations under the DMCA, but do not constitute legal advice. It may be advisable to contact an attorney regarding rights and obligations under the DMCA and other applicable laws. In accordance with the DMCA and other applicable law, we have a policy of terminating, as appropriate, Users deemed to be repeat infringers. We may also choose to limit access to the Services and terminate the accounts of Users who infringe intellectual property rights of others, whether or not there is any repeat infringement.
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, a breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Your right to use our resources will immediately cease upon suspension or termination. We reserve the right to remove or delete any information you may have on file with us, including any account or login information.
These ToS and all matters arising out of or relating to these ToS shall be governed by the substantive laws of the State of Colorado, USA, without regard to principles of conflicts of laws thereof.
Any controversy, claim, or dispute between a user and Bookji arising out of or in relation to these ToS shall be subject to the exclusive jurisdiction of the courts of the State of Colorado, USA.
You agree to pay all fees specified in an ordering document or an online order that is entered into between you and Bookji (each, and “Order Form”) on the payment schedule set forth in such Order Form. Except as otherwise specified in an Order Form, all payment obligations are non-cancelable and fees paid are non-refundable. You will provide us with either valid credit card information, a valid purchase order or alternative payment document reasonably acceptable to us. If you provide us with a credit card, then you authorize us to charge such credit card for all purchased products and services listed in the Order Form(s). Such charges will be made in advance, either annually or in accordance with any different billing frequency stated in the applicable Order Form. If the Order Form specifies that payment will be by a method other than a credit card, then we will invoice you in advance and in accordance with the relevant Order Form(s). Unless otherwise stated in the Order Form, invoiced charges are due net 30 days from the invoice date. You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information. If any amount owing by you under this Agreement or any other agreement is 30 or more days overdue, then we may, without limiting our other rights and remedies, suspend our Services to you until such amounts are paid in full. Prices and fees are exclusive of any federal, state, local or other taxes, which will be your responsibility, unless you provide us with proof of your tax-exempt status. Taxes, if any, will be listed separately on the invoice. Upon our request, you will provide us with a certificate or other evidence documenting your tax-exempt status.
125 Cortina, Suite #3
Mountain Village, Colorado 81435 USA
For school districts and schools within the State of Connecticut, the following document is attached by reference as an addendum to this ToS: https://www.gobookji.com/state-of-ct-addendum