Terms of Use
Terms of Use
August 5, 2021
This website is provided as a service to persons who are interested in and seeking to learn more about the work of Resmaa Menakem. As used herein, the terms “we,” “us,” and “our” refer to Resmaa Menakem and his affiliates and related entities.
THESE TERMS OF USE CONSTITUTE AN AGREEMENT FOR YOUR USE OF THIS WEBSITE. BY USING THIS SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS OF USE. WE RESERVE THE RIGHT TO MODIFY THESE TERMS OF USE AT ANY TIME WITHOUT PRIOR NOTICE. CHANGES TO THESE TERMS OF USE WILL BECOME EFFECTIVE UPON POSTING. YOUR USE OF THE SITE FOLLOWING THE POSTING OF ANY REVISED TERMS WILL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THOSE TERMS. YOU ARE ENCOURAGED TO REVIEW THESE TERMS OF USE WHENEVER YOU USE THE SITE.
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE OR ACCESS THIS WEBSITE, AND WE ASK THAT YOU REFRAIN FROM USING THE SITE.
Site Contents
Unless otherwise noted, this website, all trademarks appearing on this website, and all features, content and materials appearing on this website, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such features, content and materials, are owned, controlled or licensed by us.
The website and its contents are intended solely for your personal, non-commercial use. You may download or copy the contents of the website which are marked as being available for downloading, for your personal use only. No right, title or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the content of the website.
You may not use this website or any contents of this website for any commercial purpose, including but not limited to the use of the site or any contents of the site to market or sell goods or services to any person. You agree not to launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the site, provided that the operators of public search engines may use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. You agree not to collect or harvest any personally identifiable information from the site.
Errors, Inaccuracies, and Omissions
Information on the website may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel any product orders placed through the site if any information on the site is inaccurate at any time without prior notice (including after you have submitted your order).
Site Transactions
Books, practice books, apparel and recordings are available for purchase through the website. We reserve the right to refuse any order you place with us, or to cancel or refuse to fill any order placed through the site, whether or not such order has been confirmed. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Title to all items purchased from this site and the risk of loss for all items purchased from this site will pass to you upon your receipt of those items from the carrier selected by us.
Product Information
The prices displayed on the website are quoted in U.S. Dollars and orders will be charged in US Dollars. Some products may have limited quantities. Product returns and exchanges may be made only through the website and in accordance with our return policy.
We have made every effort to display as accurately as possible the prices, colors and styles of our products that appear at the site. However, there may be typographical errors, inaccuracies, or omissions in product descriptions or prices. We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate, and we cannot guarantee that the products depicted will be available for shipment. If the price displayed for a product is incorrect and the product is not available at the displayed price, we will contact you for resubmission of the order at the corrected price prior to processing and shipping the order.
User Inquiries and Comments
We welcome your inquiries and comments regarding the site content. We will make every effort to respond to inquiries and comments as promptly as possible, but we cannot guarantee a response within any specific time period. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us in connection with any inquiry or comment submitted through the site. We will not accept or consider any ideas, suggestions, or content or product proposals submitted by you (collectively, “Proposals”). Any such Proposals will be at your own risk, and you agree that we have no obligation to treat any such Proposals as confidential, to respond to any such Proposals or to pay you any compensation for any such Proposals.
Personal Information Submitted Through the Site
You will be asked to submit personal information only in connection with product purchases or inquiries or comments, and then only to the extent required for the specific action being taken. Submission of personal information through the site is governed by our Privacy Policy, which is incorporated by reference into these Terms of Use.
Accounts
If you submit an order to purchase products through the site, you represent and warrant that all information provided in connection with that order will be accurate and complete. You will be solely responsible for all activity that occurs as directed in the order and for any charges incurred in connection with the order. We reserve the right to refuse an order for any reason.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and appears on the website in a way that constitutes copyright infringement, please provide the information listed below to our Digital Millennium Copyright Act (“DMCA”) designated agent, using this link: justice.solutions.info@gmail.com
- A description of the copyrighted work that you claim has been infringed.
- The location of the material on the website.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest, whether that is you or another person.
- Your address, telephone number, and email address.
- 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.
- 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 the copyright owner’s behalf.
In addition to the above link, our DCMA Agent for notice of claims of copyright infringement on the site can be reached as follows:
Name
Address
City, state zip
Phone
email
Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed on the site. All other inquiries or comments relating to the site and our products and any order for products is to be sent using the Contact page on the site.
Right to Change Site
We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue the site or any content, feature or product offered through the site, without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site, or for any change to the content, features or products offered through the site.
Links to Other Websites
The website may contain links to other websites that are not under our control. We are not responsible for the content of any linked website or for any goods or services advertised, offered or sold through a linked site. A link to any other site does not constitute an endorsement by us of the linked website, the host of that site or any goods or services offered or sold through that site. If you use a link, a new window will open with the linked site, and you will leave our website. Your activities on the linked site will be governed by the terms of use and privacy practices for that site. Links are provided solely for your convenience and information.
Indemnification
You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of the site and/or your breach of any representation, warranty, or other provision of these Terms of Use.
Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR RISK. WE DO NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT CONTENT OBTAINED FROM THE SITE OR FUNCTIONS CONTAINED ON THE SITE AND THE SERVER ON WHICH IT RESIDES ARE OR WILL BE FREE FROM ERRORS, DEFECTS, OR VIRUSES, OR THAT ANY SUCH ERRORS OR DEFECTS WILL BE FIXED.
WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OR CONDITIONS WITH REGARD TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER IN ACTION BY CONTRACT, NEGLIGENCE, OR TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY SITES WHICH ARE LINKED TO THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES ARISING OR RESULTING FROM YOUR USE OF OR ACCESS TO THE SITE, CONTENT ON THE SITE, OR LOSS OF USE OF THE SITE.
DISPUTE RESOLUTION AND ARBITRATION
Informal Dispute Resolution
You and we agree to that in the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the site, or the breach, enforcement, interpretation, or validity of any of these Terms of Use (a “Dispute”), the party asserting the Dispute shall first try in good faith to settle the Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice of a Dispute shall be sent to us at: [insert address] and to you at the last address you submitted to us. You and we agree that this Informal Dispute Resolution Procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.
Arbitration
If or to the extent that a Dispute cannot be resolved through the Informal Dispute Resolution Procedure within 120 days after the party raising the Dispute has given notice to the other party, the Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights with respect to the Dispute, and you and we expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision. You may begin an arbitration proceeding by sending a letter requesting arbitration to:
Resmaa Menakem
Attn: _________________
Address:
City, _____________ Zip
You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (“AAA Rules”), as found on the AAA’s website at www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree on another arbitrator. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules.
If you agree, the arbitration may be conducted by telephone or may be based on written submissions. Any arbitration to be conducted in person shall be conducted in Minneapolis, Minnesota.
All arbitrations shall proceed on an individual basis. You and we hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
Any Dispute must be raised within one (1) year after such Dispute arose, or be permanently barred.
Complete Agreement; Severability; Waiver
These Terms of Use constitute the entire agreement concerning your use of the site. If any provision of the Terms of Use is deemed to be unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable to the extent that it is unlawful, void, or unenforceable but it shall not affect the validity or enforceability of the remaining provisions.
No waiver of any the Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
Governing Law
This website is based solely in Minnesota, and these Terms of Use and the enforcement of these Terms of Use shall be governed by the laws of the State of Minnesota, without regard to its choice of law principles. You waive any claims with respect to this website and your use of the site that may arise under the laws of any nation other than the United States or any state other than Minnesota.