TERMS OF USE

Effective Date: January 31, 2007

www.alongwaygone.com Website Terms of Use

This website is owned and operated by Farrar, Straus and Giroux, LLC. Throughout the site, the terms “Farrar, Straus and Giroux ,” “we,” “us” and “our” refer to Farrar, Straus and Giroux, LLC (“Farrar, Straus and Giroux”). Farrar, Straus and Giroux offers this website, including all information, features and services available from this website, to you the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. Your continued use of the website constitutes your agreement to all such terms, conditions, policies and notices.

Purpose of This Site

This site is operated for the purpose of providing information on the products and/or services offered by Farrar, Straus and Giroux. Nothing on this site should be regarded as an offer to sell, or a solicitation of an offer to buy, any product or service of Farrar, Straus and Giroux.

Your Use of This Site

As a condition to your continued use of the website, you agree that you will not use this website for any purpose that is unlawful or prohibited by these Terms of Use.

Accuracy, Completeness and Timeliness of Information on the Site

We are not responsible if information we make available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.

Use of Material From This Site

This site (including but not limited to software, files, graphics and data found on the site) is the property of and owned by Farrar, Straus and Giroux or its licensors and is protected by copyright, trademark and other laws of the United States and other countries. You may display and electronically copy, download and print hard copy versions of the material contained on the site for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print. When you display, copy, download or print any material on or from the site, it is provided to you by Macmillan or its licensors under a license that is revocable. Macmillan and its licensors retain full and complete title to the material and to any and all of the associated intellectual property rights. Any other use of the material on the site, including but not limited to the modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any material, information, software, products or services obtained from the site is expressly prohibited.

Material You Submit

You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You may not upload to, distribute or otherwise publish through this site any content that (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site.
If you do submit material, and unless we indicate otherwise, you grant Farrar, Straus and Giroux 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 and display such content throughout the world in any media now known or hereafter invented. You grant Macmillan and its affiliates the right to use the name you submit in connection with such content, if they so choose. All personal information provided via this website will be handled in accordance with the site’s online Privacy Notice. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Farrar, Straus and Giroux and its affiliates for all claims resulting from content you supply.

Unsolicited Manuscripts

Farrar, Straus and Giroux does not accept unsolicited manuscripts sent through its websites, and takes no responsibility for any manuscript transmitted in such manner.

Trademarks and Copyrights

This site features trademarks, service marks and logos that are the property of Farrar, Straus and Giroux and its affiliates or licensors. The site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner. This site and all of its contents including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, is protected as a compilation under the copyright laws of the United States and other countries.

Intellectual Property Rights of Others

We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:

Farrar, Straus and Giroux, LLC
19 Union Square West
New York, NY 10003
Attention: Legal Department
e-mail: copyrightagent@macmillan.com

Please include all of the following in your notification:

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  
• a description of the copyrighted work you claim has been infringed;
  
• a description of where the material you claim is infringing is located on the site;
  
• your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
  
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
  
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DISCLAIMERS

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. ST. MARTIN'S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Farrar, Straus and Giroux OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. Farrar, Straus and Giroux DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES AS WRITTEN ABOVE, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. IN SUCH CASES, THE DISCLAIMER WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER Farrar, Straus and Giroux NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES.

THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Farrar, Straus and Giroux and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

Links

Farrar, Straus and Giroux may provide as a convenience to you, links to websites operated by other entities and persons, but makes no representations whatsoever about any other website which you may access through this one. Any link to a non-Farrar, Straus and Giroux website does not mean that Farrar, Straus and Giroux endorses or accepts any responsibility for the content, or the use of such Web site. If you use these sites, you do so at your own risk. Farrar, Straus and Giroux makes no warranty or representation regarding, and does not sponsor or endorse, any linked websites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that Farrar, Straus and Giroux is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of Farrar, Straus and Giroux.

Jurisdiction

Farrar, Straus and Giroux is organized under the laws of the State of New York in the United States of America , and this site is operated in the United States . The laws of the State of New York govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in the State of New York for any action to enforce these Terms of Use. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of New York and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Use constitute the entire agreement and understanding between you and Farrar, Straus and Giroux with respect to use of the website, superseding all prior or contemporaneous communications. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

How to Contact Us

If you have any questions or comments about these Terms of Use, please write us at:
Farrar, Straus and Giroux, LLC
19 Union Square West
New York, NY 10003
Attention: Legal Department

Thank you for visiting our site.