Terms and Conditions

LICENCE AGREEMENT

Please read this agreement carefully before purchasing, downloading or using any aspect of the

Service. This agreement is between you and Fluent. By purchasing, downloading, or using the

Fluent Application, any Fluent Content, or using any aspect of the Service, you agree to be

bound by the terms of this Agreement on behalf of yourself and others who use the Service

under your account. If you do not accept the terms of this Agreement, then you may not install

or use the Fluent Application, any Fluent Content, or any aspect of the Service.

1.0 Definitions

“Fluent Application” means software that allows users to shop for, download, browse, or use the

Fluent Content.

“Fluent Content” means content obtained through the Fluent Application, including but not

limited to digital and physical books.

“Service” means the provision of the Fluent Content, Fluent Application, support, and other

services provided by Fluent to users.

2.0 Licence

2.1 License to the Fluent Application. Subject to the terms of this agreement, you are granted

a limited, non-transferable, non-exclusive licence to install and use the Fluent Application on

any compatible device that you own or control (“Device”).

2.2 Fluent Content. Upon your download or access of Fluent Content and payment of any

applicable fees, Fluent grants you a non-exclusive right to view, use, and display the Fluent

Content using the Fluent Application or through any other means permitted by Fluent on a

maximum of 2 Devices.

2.3 Ownership. Fluent and its licensors own and retain all right, title and interest in and to the

Fluent Application and Fluent Content and all copyrights and other intellectual property rights

therein. Fluent and its licensors reserve all rights not expressly granted to you.

2.4 Restrictions. You may not, and will not, permit or enable others to: rent, lease, lend, sell,

redistribute or sublicence the Fluent Application or Fluent Content; or copy, decompile,

disassemble, reverse engineer, attempt to derive the source code of, decrypt, modify or create

derivative works of the Fluent Application, except to the extend permitted under applicable law.

3.0 General

3.1 Personal Information. Fluent collects personal information from you directly, e.g., when

you sign up for an account and/or purchase Fluent Content, and automatically, e.g., via cookies,

when you use the Services, such as pages read. This information is handled in accordance with

Fluent’s Privacy Policy available here: www.fluentbooks.ca/privacy policy.

3.2 Returns. No returns are available for digital content or subscriptions. You may return

physical books within thirty (30) days of purchase only if there was, at Fluent’s sole discretion, a

material error in the printing of the book.

3.3 Upgrades. Fluent, at its sole discretion, may make available upgrades and updates to the

Fluent Content and the Fluent Application. The terms of this agreement shall govern any such

upgrade or update, unless the upgrade or update are accompanied by a separate agreement in

which case you agree to the terms in that agreement with respect to the upgrade or update.

3.4 Termination. This agreement shall continue until terminated. Either party may terminate the

agreement for any reason at any time. Your rights under this agreement will automatically

terminate or cease to be effective without notice if you fail to comply with any term of this

agreement. Upon termination, you must cease all use of the Service, and destroy all copies, full

or partial, of the Fluent Application and digital Fluent Content.

3.5 Changes to Service. At any time and without notice, Fluent may change, suspend, or

discontinue the Service, for example by adding or removing Fluent Content. Fluent may also

amend this Agreement, which amended Agreement will be posted on Fluent’s website www.fluentbooks.ca. Your continued use of the Service constitutes acceptance of any such amended

terms.

3.6 Disputes. Any issue or dispute arising under or in connection with this Agreement shall be

governed by the laws of Ontario and the Federal Laws of Canada and resolved by any court

within those jurisdictions.

3.7 Warranty disclaimer. To the maximum extent permitted by applicable law, the Fluent

Application and Fluent Content is provided “as is”, with all its faults and without warranty of any

kind. Your use of the Fluent Application and Fluent Content is at your sole risk and the entire

risk as to, including but not limited to, satisfactory quality, performance, non-infringement of

third-party intellectual property and other rights, accuracy and effort is with you.

3.8 Limitation of Liability. Without limiting the Warranty disclaimer, in no event will Fluent or its

licensors be liable for any loss or damage suffered in connection with your use or inability to use

the Fluent Application, the Fluent Content, or using any aspect of the Service in excess of the

amount you paid for the Fluent Application, the Fluent Content, aspect of the Service related to

your claim for damages.