Terms of Service

This website and its associated services are provided to you by BookSwim Corporation ("BookSwim"). By using, visiting or browsing the BookSwim website, becoming a subscriber of BookSwim's services or purchasing a product from BookSwim, you agree to be bound by all of the following terms and conditions, whether you read them or not. BookSwim reserves the right, with or without notice, to change these Terms of Use in its sole and absolute discretion. The most current version of these Terms of Use supersedes all previous versions and can be viewed by clicking on the "Terms of Use" link located at http://www.bookswim.com/terms.html.

BETA TEST WARNING : BookSwim.com is constantly adding new features and is under a constant state of upgrades. You understand and agree that the BookSwim website may contain software bugs, suffer disruptions and not operate as intended or designated. Your use of this website while it undergoes BETA testing signifies your understanding of and agreement to participate in that testing.

BookSwim permits subscribers to rent books through its website located at http://www.BookSwim.com. To rent these books, the subscriber can sign on to his or her account and add books to a Rental Pool. BookSwim will select books from a subscriber's Rental Pool and send them to the subscriber based on the details outlined in the plan the subscriber is currently subscribed to. Certain attributes of a rental plan (including but not limited to: amount of books in each package, number of packages per month, cost of outgoing shipping, cost of inbound shipping) are custom to each plan and are explicitly stated at time of plan selection. Those attributes will be honored by BookSwim for the lifetime of a plan. Upon receiving return of a subscribers books, if the subscriber is still in good standing with BookSwim and has enough books in their pool, BookSwim will send a new package to the subscriber. Though BookSwim will goal for 24-hour turn-around, BookSwim reserves the right to implement a processing period of up to three (3) days before shipping out the subscriber's next book shipment.

1. Membership : Upon becoming a BookSwim subscriber, subscribers become responsible for paying periodic subscription fees according to the then current billing terms. Subscription fees are non-refundable.
2. Billing : A subscriber will be billed based off the attributes of their plan. Monthly plan subscribers are billed once a month for all charges (if applicable to their selected plan) up to and including (but not limited to): Subscription Fees, Shipping Fees, Upgraded Shipping Fees, Book Purchases, Gift Card Purchases, Book Rental Fee, Extra Package Fee, Unreturned Books, and applicable taxes. Certain extraneous fees accumulated through BookSwim such as the purchase of accessories may be billed on the date of sale instead of the monthly billing date. For yearly plan subscribers, all non-subscription, non-pre-paid fees will be billed monthly. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method, where applicable. The membership fee will be billed at the beginning of your membership and on each monthly renewal thereafter unless and until you cancel your membership. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your membership plan, changes in the amount of applicable sales tax, and changes for lost Books or Books not returned upon cancellation or termination of your membership, and you authorize us to charge your Payment Method for such varying amounts. We may also periodically authorize your card in anticipation of membership or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "My Account" button, available at the top of the pages of the Bookswim website. If your Payment Method reaches its expiration date, your continued use of the service constitutes your authorization for us to continue billing that Payment Method and you remain responsible for any uncollected amounts.
3. Changes in Membership Plans : A subscriber may change plans at any time, but no more than once a month. Upgrades in plans will only result in billing the difference of the plans. Downgrades in plans will affect the next billing cycle. No refunds for partial months of use will be credited. Future billing cycles will be billed at the new rate.
4. Cancellation : Your subscription may be cancelled at any time. These cancellations take effect immediately if you do not have any books in your possession. Otherwise, the cancellation will become effective once all BookSwim books in your possession are returned. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS. If you fail to return the books within fifteen (15) days, you will be charged up to the list price (Manufacturer's Suggested Retail Price "MSRP") for each book. Those charges will be automatically charged to your Payment Method (credit or debit card) on file with us. We will send you a reminder email concerning unreturned Books prior to charging your Payment Method.
5. Damaged Books : If a book is returned to BookSwim damaged as a result of subscriber misuse, BookSwim reserves the right to automatically charge the subscriber the MSRP of each damaged book. To avoid this charge, a subscriber may purchase the book at our discounted rate through the "Keep My Book" program, explained in "Holding Rental Inventory," (Section 10, below). Notwithstanding the foregoing, if BookSwim determines that a book was damaged during transit, BookSwim will not charge subscriber for the damaged book. If theft is suspected, BookSwim will refer the matter to the proper authorities.
6. Automatic Renewal : Subscription fees are automatically renewed, and therefore automatically credit card or check card debited, at the end of the original term selected, for a like period of time, unless proper notice is received from the Subscriber at least two (2) business days prior to renewal.
7. Retention of Billing Information : The Subscriber's credit or debit card information will be kept on file. The subscriber agrees to allow the information to be kept in BookSwim's database. 128-bit encryption methods keep the Subscriber's sensitive information safe and no personal or billing information will be shared with any third party, except as when may be required by law (see Cooperation with Authorities and Courts section below).
8. Invitations and Special Offers : Invitations and special offers are available only for first-time BookSwim subscribers, unless otherwise expressly stated in the offer. Each promotion code is limited to one per household and cannot be combined with any other offer(s). Offers are valid only within the United States and its Territories, are not transferable and are void where taxed or otherwise prohibited by law. Once redeemed, all promotional offers are final and are not eligible for refund or return.
9. Shipping Policy: BookSwim plans vary in the amount of packages per month that a member may receive. As well, depending on the plan a subscriber is on, BookSwim may charge for inbound or outbound shipping. This is explicitly stated in the plan details when a subscriber selects a plan. For unlimited plans, BookSwim reserves the right to restrict the number of outgoing packages if a particular member is found to be abusing the service beyond the intended practical use, or by means of illegal duplication, as determined by BookSwim.
10. Holding Rental Inventory : All rental books are property of BookSwim. Through the BookSwim program, Subscribers may keep their rented books as long as they wish, provided the subscriber's account is in good standing and the subscription fee continues to be paid. An additional book will be shipped to the subscriber for each book that is returned to BookSwim (though it is the policy of BookSwim and incumbent upon the Subscriber to never ship a number of books less than is appropriate for a given plan, as described in the terms of the Subscriber's plan). If a subscriber decides to purchase a rented book through the "Keep My Book" program, instructions on how to do so, as well as a price list, are located on the Books In Possession page. After payment, a rental slot will open up and a replacement book from the subscriber's Pool will be shipped to the subscriber. After purchasing a book, that book is the property of the subscriber and does not need to be returned.
11. Ongoing Membership : Your Bookswim membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method. We will bill the monthly membership fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information).
12. Free Trials : We encourage the use of our service through free trials. Free trials are only available to first time customers of the Bookswim service and cannot be combined with any other offer. Only one free trial may be redeemed per household. You must have Internet access and a valid credit card or debit card ("Payment Method") to redeem a free trial offer. Upon registering for your free trial, your Payment Method will be authorized for up to approximately one month of service. In some instances, your available balance or credit limit may be reduced to reflect the authorization; however, no charges will be made against the Payment Method unless you do not cancel prior to the end of your free trial membership period.
    
    We will begin billing your Payment Method for monthly subscription fees corresponding to your subscription plan plus any applicable tax at the end of your free trial membership period unless you cancel prior to the end of your free trial. To view the specific details of your subscription plan, including price and end date of your free trial period, click the "Membership Terms and Details" link on the "Your Account" page. You will not receive a notice from us that your free trial membership has ended or that your paying membership has begun. YOU MUST CANCEL PRIOR TO THE END OF YOUR FREE TRIAL TO AVOID CHARGES TO YOUR PAYMENT METHOD. We will continue to bill your Payment Method on a monthly basis for your membership plan until you cancel. You may cancel your membership at anytime. We offer a number of subscription plans, including special promotional plans or subscriptions with limitations on the number of Books rentable in a month. Some of these promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans. Unless otherwise stated differently, month or monthly refers to your billing cycle (See "Billing" above).
13. Terms of Hold : If you choose to have your account put on hold, your account will reactive automatically on the chosen reactivation date. At that time, we will bill the current monthly subscription price, plus applicable taxes, to the payment method on file for your account. You may, during this time, continue to utilize all of BookSwim's other features including adding books to and rearranging your Rental Pool, and writing book reviews. You may reactivate your account at any date prior to your original reactivation date by contacting BookSwim Member Services. Book shipments will discontinue immediately after your account is placed on hold and will not resume until you account is successfully reactivated.
14. Billing Updater : As a convenience to its members, BookSwim may refresh expired credit card or debit card numbers with the numbers of replacement cards so that members' paid Services do not lapse because the payment instrument initially on file with BookSwim has expired ("Account Updater"). By registering for the Service, you consent to BookSwim's disclosure of your registration information to your financial institution and to that institution's use of such information solely in connection with Account Updater. You also consent to BookSwim's receipt and use of updated credit card or debit card account information from your financial institution in connection with the provision of the Service as provided in the TOS, these Additional Terms, and the BookSwim Privacy Policy.

THIS WEBSITE, ITS CONTENTS, AND ANY SOFTWARE, PRODUCTS, AND/OR SERVICES OFFERED OR CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. BOOKSWIM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE, ITS CONTENTS, OR SUCH SOFTWARE, PRODUCTS AND/OR SERVICES, AND DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY, AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS WEBSITE, ITS CONTENTS OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE. IN ADDITION, BOOKSWIM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

IN NO EVENT SHALL BOOKSWIM, ITS AFFILIATES, AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS WEBSITE; ANY MATERIALS, INFORMATION, QUALIFICATIONS AND RECOMMENDATIONS APPEARING ON THIS WEBSITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS WEBSITE; ANY LINK PROVIDED ON THIS WEBSITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT BOOKSWIM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS WEBSITE.

Copyright : All contents included on the BookSwim website and delivered to you as part of the BookSwim services, including the books themselves, are the property of BookSwim, its suppliers, or its advertisers, and are protected by United States and international copyright laws. The compilation of the content on this website is the exclusive property of BookSwim, and protected by U.S. and international copyright laws.

Trademarks : BookSwim, BookSwim.com, the BookSwim design logo, and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of BookSwim. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

• You must be eighteen years of age or older to subscribe to the BookSwim service.
• The BookSwim website and its content are for your personal, non-commercial use. BookSwim grants you a limited license to access and utilize the BookSwim website for that purpose only. You may not download, copy, distribute, transmit, display, perform, publish, license, create derivative works from, or offer for sale any BookSwim content without its express written consent.
• BookSwim's trademarks, service marks and trade dress may not be used in any way (unless that use is a permitted Fair Use under the law of the United States ) without prior written approval from BookSwim.
• You agree to use the BookSwim website and any associated service in accordance with all applicable laws, rules and regulations.
• BookSwim reserves the right to immediately terminate your limited license to utilize its website as a result of any unauthorized or illegal use, the contents of its website, and/or any associated service should BookSwim become aware of that unauthorized or illegal use. This right to terminate includes, but is not limited to, BookSwim's right to terminate your subscription if it determines subscriber abuse of BookSwim's policies and procedures.

BookSwim will cooperate with legal authorities and private parties investigating claims of illegal activity. BookSwim's cooperation may include identification of you and other data relating to the use of the website. If such information is requested, you hereby authorize BookSwim to release any and all information, provided that it uses reasonable efforts to identify and provide you with notice of such request (if permitted by law).

Accessing materials, contents and services available on the website from territories where such materials, contents and services are illegal is prohibited. If you choose to access the website from such locations, you do so at your own risk, on your own initiative and shall be solely responsible for complying with applicable laws, rules and regulations.

BookSwim does not authorize the downloading or exportation of any software or technical data from this website to any jurisdiction prohibited by the United States Export Laws.

You are solely responsible for maintaining the confidentiality and security of your account information and your password. If you reveal your password or share your account with anyone, you take full responsibility for his/her actions.

You agree to indemnify and hold harmless BookSwim and its directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; and (b) your use of this website and associated services including transmission or placement of information or material by you on this website. This provision shall survive the termination of your right to use this website and/or your status as a BookSwim subscriber.

This website may include inaccuracies or typographical errors that may be corrected as they are discovered at BookSwim's sole discretion.

Any information submitted on the BookSwim website is subject to our Privacy Policy, the terms of which are incorporated herein at http://www.bookswim.com/privacy.php

BookSwim reserves the right to terminate or restrict your use of its website or any services it provides, without notice, for any reason, or no reason whatsoever. However, this does not mean that BookSwim has undertaken an obligation to supervise or police your activity on its website.

BookSwim distributes content supplied by third parties. BookSwim is not a publisher. BookSwim has no more editorial control over content supplied by third parties than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including third party content providers, advertisers, merchants, sponsors, licensors, or any other user of BookSwim are those of the respective authors or distributors and not of BookSwim or its affiliates, or any of their respective officers, directors, employees or agents. BookSwim does not guarantee the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. It is your sole responsibility to evaluate the information, opinion, advice, and/or any other content available through BookSwim.

BookSwim may use anything you send or communicate to BookSwim, including questions, comments, information, ideas, concepts, or reviews, without compensation or acknowledgement. By posting any content on the BookSwim website, or otherwise communicating that content to BookSwim, you grant BookSwim a non-exclusive, irrevocable and perpetual license to use that content royalty-free, throughout the universe in any media, software or technology of any kind now existing or to be developed in the future.

You consent to receive electronic communications from BookSwim. You agree that any communication, notice, agreement, or disclosure that we send to you electronically satisfies any legal communication requirements, including that such communications be in writing.

The BookSwim website may contain hyperlinks or banner advertisements that navigate a user to another website not controlled by, or affiliated with, BookSwim. In addition, other websites may link to the BookSwim website. BookSwim has not reviewed these websites and is not responsible in any way for these websites, or any of their content.

The BookSwim website contains robot exclusion files, and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our webpages or the content contained herein without our prior express written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of BookSwim's website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

A waiver of any term or condition of, or consent granted under, these Terms of Use shall be effective only if given in writing and signed by BookSwim. Such waiver shall only be effective in the instance, and for the purpose for which it is given.

These Terms of Use are governed by and shall be construed in accordance with New Jersey law, without regard to conflicts of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in New Jersey for the resolution of any disputes arising from these Terms of Use, use of the BookSwim website, purchase of BookSwim products, and/or use of BookSwim's services.

If any term contained herein is determined to be unlawful, void or unenforceable for any reason, that term will be deemed severable from the whole, and will not affect the validity and enforceability of any remaining provisions, or the agreement as a whole. These Terms of Use and BookSwim's Privacy Policy (incorporated herein) constitute the entire agreement among or between the parties relating to this subject matter.

BookSwim respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the BookSwim website, please notify us by sending or submitting notice of the claimed infringement to:

BookSwim Corporation
211 Warren Street
Suite 305
Newark, NJ 07103
Attn: George Burke - Copyright Claims
Email:
Facsimile: 732-653-0296

Pursuant to Section 512(c) of the Digital Millennium Copyright Act, to be effective, that notice must be in writing and must contain the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. (d) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

In order to provide easier access to your account, BookSwim may place a small text file (known as a “cookie”) on any computer from which you access the BookSwim website. If you return to the BookSwim website from that same computer, the cookie enables BookSwim to recognize you, without the need for you to sign in to your account.

Pursuant to 47 U.S.C. Section 230(d), as amended, BookSwim hereby notifies you that parental control protections (such as computer software, hardware and filtering services) are commercially available for you to purchase. These protections may assist you in limiting access to material that could be harmful to minors. Information about purchasing such protections is available at safesurf.com .

BookSwim does not knowingly collect any personally identifiable information from children under the age of thirteen. BookSwim's website and its services are directed to adults, and when a user discloses personal information on this website, the user is representing to us that he or she is at least eighteen years of age.

If you have any questions or concerns regarding these Terms of Use, please contact BookSwim at:

BookSwim Corporation
211 Warren Street
Suite 305
Newark, NJ 07103
Attn: California Terms of Use
Email:
Facsimile: 732-653-0296

Moreover, pursuant to California Civil Code, Section 1789, if you have a complaint regarding BookSwim's services, you may contact the California Department of Consumer Affairs . The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, California, 95814, or by telephone at (916) 445-1254.

BookSwim Corporation
Attn: Terms of Use
211 Warren Street
Suite 305
Newark, NJ 07103
Email:
Facsimile: 732-234-0369

• Gift Subscriptions are one-time transferable memberships. The gift purchaser ("Purchaser") must transfer the Gift Subscription to the gift recipient ("Recipient") within one (1) year after date of purchase.
• The Gift Subscription is transferred when the Recipient redeems the code shown on the Gift Subscription. When Recipient enters the code on the BookSwim website (and, if not already a BookSwim member, registers for the service), the Gift Subscription will be transferred to Recipient and redeemed for Recipient's use.
• Gift Subscriptions that are not transferred to a Recipient within one (1) year after date of purchase will, without further notice, commence on the day following the one (1) year anniversary date of purchase. Once the Gift Subscription commences, BookSwim will notify Purchaser at the e-mail address associated with Purchaser's account with details on how to redeem the Gift Subscription for Purchaser's own use. Purchaser must notify BookSwim of e-mail address changes at the "My Account" button of the BookSwim website. BookSwim is not responsible for fulfilling any Gift Subscription if not timely redeemed by the Recipient or if BookSwim is unable to reach the Purchaser. There are no refunds or other credit for unredeemed Gift Subscriptions.
• The gift Recipient will have any BookSwim Subscription fees and miscellaneous fees deducted from their Gift Card value until it is depleted, at which point the Recipient's payment method will be charged the remainder balance. A valid payment method is required to redeem the membership and the Recipient authorizes BookSwim to charge for any book the Recipient fails to return after membership is canceled, as provided in the BookSwim Terms of Use.
• Recipient's payment method will be authorized for a nominal amount at the beginning of the Gift Subscription period to assure BookSwim has a valid payment method on file. In some instances, Recipient's available balance or credit limit may reflect the authorization; however, no charges will be made against the payment method unless Recipient does not cancel prior to the end of the Gift Subscription period or fails to return a book.
• At the end of the Gift Subscription period, Recipient authorizes BookSwim to automatically renew the membership and bill Recipient's payment method monthly for membership fees and applicable tax unless Recipient cancels prior to the end of the Gift Subscription period. Although the membership is cancelable at anytime, there is no refund or credit for partially used periods. Recipient can click on the "My Account" link for cancellation instructions. As a convenience, BookSwim may notify Recipient one (1) month prior to the Gift Subscription period end that the Gift Subscription is ending and automatic monthly billing will begin. It is Recipient's responsibility to cancel the membership if Recipient does not wish to continue past the Gift Subscription period.
• The Gift Subscription is redeemable for a consecutive-month membership of the BookSwim plan selected at the time of purchase, and cannot be redeemed or used in any other manner.
• BookSwim is not responsible for lost or stolen Gift Subscriptions, except as required by law.
• Gift Subscriptions are valid in the 50 United States and its territories and possessions only.
• Gift Subscriptions are not redeemable or refundable for cash, cannot be resold and cannot be combined with any other special or free offers, including other Gift Subscriptions and Virtual Gift Cards.
• Gift Subscriptions and their use are subject to the BookSwim Terms of Use. BookSwim reserves the right to change these Gift Subscription Terms and the Terms of Use from time to time in its sole discretion.

Virtual Gift Cards

• Virtual Gift Cards are pre-paid memberships redeemable by the bearer of a valid Virtual Gift Card redemption code ("Redeemer").
• A Virtual Gift Card is redeemed when the Redeemer enters the redemption code shown on the Virtual Gift Card on the BookSwim website (and, if not already a BookSwim member, registers for the service).
• The Redeemer will have any BookSwim Subscription fees and miscellaneous fees deducted from their Gift Card value until it is depleted, at which point the Redeemer's payment method will be charged the remainder balance. A valid payment method is required to redeem the membership and the Redeemer authorizes BookSwim to charge for any book the Redeemer fails to return after membership is canceled, as provided in the BookSwim Terms of Use.
• Redeemer's payment method will be authorized for a nominal amount at the beginning of the Virtual Gift Card period to assure BookSwim has a valid payment method on file. In some instances, Redeemer's available balance or credit limit may reflect the authorization; however, no charges will be made against the payment method unless Redeemer does not cancel prior to the end of the Virtual Gift Card period or fails to return a book.
• At the end of the Virtual Gift Card period, Redeemer authorizes BookSwim to automatically renew the membership and bill Redeemer's payment method monthly for membership fees and applicable tax unless Redeemer cancels prior to the end of the Virtual Gift Card period. Although the membership is cancelable at anytime, there is no refund or credit for partially used periods. Redeemer can click on the "My Account" link for cancellation instructions. As a convenience, BookSwim may notify Recipient one (1) month prior to the Virtual Gift Card period end that the Virtual Gift Card is ending and automatic monthly billing will begin. It is Recipient's responsibility to cancel the membership if Recipient does not wish to continue past the Virtual Gift Card period.
• The Virtual Gift Card is redeemable for a consecutive-month membership of the BookSwim plan selected at the time of purchase and cannot be redeemed or used in any other manner.
• BookSwim is not responsible for lost or stolen Virtual Gift Cards, except as required law.
• Virtual Gift Cards are valid in the 50 United States and its territories and possessions only.
• Virtual Gift Cards are not redeemable or refundable for cash, and cannot be combined with any other special or free offers, including other Gift Subscriptions and Virtual Gift Cards.
• Virtual Gift Cards and their use are subject to the BookSwim Terms of Use. BookSwim reserves the right to change these Virtual Gift Card Terms and the Terms of Use from time to time in its sole discretion.