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Terms & Conditions
 
 
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Condition of Use
 
Welcome to audiotogo.com. We provide our services to you on this site subject to the following conditions. Please read them carefully.

Acceptance of Terms of Use
If you visit or use the audiotogo.com website, you accept these conditions. In addition, when you use any future audiotogo.com service, you also will be subject to the guidelines and conditions applicable to such service. If you do not agree to these Terms and Conditions, you should not use the audiotogo website or service.
 
Privacy
Please review our Privacy Notice, which also governs your visit to audiotogo.com, to understand our practices.
 
Limitations on Use
You must be at least 18 years old to use the audiotogo.com website. While audiotogo ("ATG") does distribute audiobooks intended for use by children, ATG does not intentionally seek to collect information from individuals 13 years of age and younger (See Children's Online Privacy Protection Act, 15USC §6501, et seq.). Unless otherwise specified, the content on the audiotogo.com website is for your personal and non-commercial use and we grant you a limited license to access the audiotogo.com website for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the audiotogo.com website without our express written consent. Any unauthorized use of the audiotogo.com website or its contents will terminate the limited license granted by us.
 
Account Access
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. audiotogo reserves the right to shut down an account at their sole discretion, if it suspects fraudulent use of an account.
 
Cookies
"Cookies" are small pieces of information that are stored by your browser on your computer's hard drive. We only use cookies on our web site for session management; they enable us to identify you and retrieve your session from the session database. A cookie-based session ends when you log off or close the browser. No personal information is ever stored in a cookie.

Most browsers have the cookies enabled by default, but you can usually change this setting to prevent cookies from being stored on your computer. If you choose not to use cookies, you can still use our web site.

If you access your audiotogo account on a public computer, we recommend that you log out before exiting the site.
 
Membership
You can find the specific details regarding your membership of audiotogo.com at anytime by clicking on the "My Account" link, which is located at the top of every page of the audiotogo.com website.
 
Billing
As a member of audiotogo.com, you agree that we are permitted to charge your credit card the appropriate membership fee, any applicable sales tax and any other charges you may incur in connection with your use of audiotogo.com. The membership fee will be billed at the beginning of your subscription or any promotional/gift period and on each renewal thereafter unless and until you cancel. We will automatically charge your credit card 30 days after the commencement of your paid membership and every 30 days thereafter while you remain a member. All fees and charges are nonrefundable. 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 credit card or if there is a change in your credit card validity or expiration date, you may edit your credit card information by clicking on the "My Account" button, available at the top of every page of the audiotogo.com website.
 
Automatic Renewals
Your audiotogo.com membership will be automatically renewed at the end of your membership period or any promotional/gift period and for your convenience, we will charge the appropriate fee to the credit card you provide to us during registration (or to a different credit card if you change your account information). Your membership will automatically renew for the same period, unless and until you change or cancel your membership or we terminate it. If for any reason your credit card cannot be charged for the appropriate renewal fees, you will be informed by us that updated credit card information is needed. Failure to update your credit card information within 10 days of your renewal date will result in the cancellation of your membership. The collection of any outstanding titles will be initiated at this time.

You must cancel your membership 2 to 3 business days before it renews in order to avoid billing of membership fees to your credit card. If you do not plan to renew your membership, please inform us by phone or email, and make sure that your books are returned within 5 days of the expiration date of your membership. Failure to return your selections by this deadline will result in further charges to your credit card, described in the "Cancellation" section below.
 
Your Wishlist
Titles that you select to rent will be placed onto your Wishlist. You may add audiobooks or adjust their priorities at any time. Keep in mind that titles are shipped out based on the availability of the titles ranked in the highest priorities. Adjustments made to your Wishlist may not immediately impact your next shipment. In some instances you may have adjusted your Wishlist before you receive a shipment message when in fact a shipment was already processed. The adjustments you made will, however, impact subsequent shipments.
 
Delivery and Return of Rented Audiobooks
We use the United States Postal Service (USPS) to deliver and return the audiobooks you select to rent. All shipping costs, including postage fees are included in your membership fees.

Our titles are shipped to you as follows:
  1. All CD titles containing up to 17 units are shipped to you via first class mail (3-8 business days)
    1. Titles containing 1-7 CD's will be returned via first class mail (3-8 business days)
    2. Titles containing 8+ CD's will be returned via media mail (7-10 business days)
  2. Titles containing 18+ CD's and tapes are shipped out and returned in boxes via media mail (7-10 business days in each direction)
Shipping times may vary for you depending on (i)the availability of our inventory, (ii)your delivery address, (iii)when you placed your order and (iv)circumstances outside our control impacting delivery by the USPS.

We usually process all orders within 48 hours of receipt of the product. We try to ship the audiobooks listed highest on your wishlist; however when availability is limited, we may ship you audiobooks lower on your wishlist.
 
Cancellation
You may cancel your membership to audiotogo at anytime. However, to prevent further charges to your account, please contact us 2-3 business days prior to your next renewal date. To cancel, log in to your account and click the “Cancel Membership” button in the upper right corner and send us an email stating the reason for your cancellation. Your membership will be terminated once we receive all of your outstanding titles. Your outstanding titles must be received within 5 days of your last renewal date. Failure to meet this deadline will result in a charge to your credit card for the retail price of each title (minus a 25% discount). Upon receiving the delinquent selections, your credit card will be credited for the price of the titles, minus a $5 restocking fee. We do not provide refunds or credits for any partial membership periods and all yearly signups are nonrefundable even if you have not completed the entire yearly membership period.
 
Book Descriptions
audiotogo attempts to be as accurate as possible. However, audiotogo does not warrant that book descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a book offered by audiotogo.com itself is not as described, your sole remedy is to return it to us.
 
Electronic Communications
When you visit audiotogo or send emails to us you are communicating with us electronically and by doing so you are consenting to receive electronic communication in return. We will communicate with you by email or by posting notices on this site. We agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
 
Use of Information Submitted
audiotogo.com is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the audiotogo.com website without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the audiotogo.com Website or other Websites. Furthermore, by submitting information to us, you are granting audiotogo a nonexclusive, royalty-free license to display, use, reproduce or modify that information. We reserve the right to decline or edit such content if we, in our sole and absolute discretion, determine that is unsuitable for posting on the site.
 
Links
Some of the hyperlinks on the audiotogo.com website may lead to other websites that are not controlled by, or affiliated with, audiotogo.  In addition, other websites may link to the audiotogo.com website. audiotogo has not reviewed these websites and is not responsible for the content or privacy policies of these websites, or for any damage caused by these sites.
 
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of audiotogo or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of audiotogo and protected by U.S. and international copyright laws. All software used on this site is the property of audiotogo or its software suppliers and protected by United States and international copyright laws.
 
Trademarks
audiotogo.com, audiotogo and other marks indicated on our site are registered trademarks of audiotogo Inc. in the United States and other countries. audiotogo's trademarks may not be used in connection with any product or service that is not audiotogo's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits audiotogo. All other trademarks not owned by audiotogo that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by audiotogo.
 
Third Party Materials or Services
Certain third parties may provide materials or services to the audiotogo website. We are not liable or responsible for these materials or services.
 
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY AUDIOTOGO ON AN "AS IS" AND "AS AVAILABLE" BASIS. AUDIOTOGO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AUDIOTOGO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. AUDIOTOGO DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM AUDIOTOGO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AUDIOTOGO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IN ADDITION TO THE ABOVE DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY, YOU AGREE THAT AUDIOTOGO SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY MISUSE OF THE AUDIOTOGO WEBSITE OR SERVICE BY YOU AND THAT THE CONSEQUENCES OF ANY SUCH MISUSE SHALL BE BORNE BY YOU DIRECTLY AND COMPLETELY.
 
Applicable Law
By visiting audiotogo.com, you agree that the laws of the state of Michigan, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and audiotogo.
 
Disputes
Any dispute relating in any way to your visit to audiotogo.com or to products you rent through audiotogo.com shall be submitted to arbitration in Oakland County, Michigan except that, to the extent you have in any manner violated or threatened to violate audiotogo's intellectual property rights, audiotogo may seek injunctive or other appropriate relief in any state or federal court in the state of Michigan, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
 
Site Policies, Modification, and Severability
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to audiotogo.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" hyperlink located at the bottom of the pages of the audiotogo.com website. The most current version of the Terms of Use will supercede all previous versions. Your use of the audiotogo.com website after changes are made means that you agree to be bound by such changes.
 
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
 
Gift Certificate Terms
To transfer the Gift Certificate, the original purchaser provides the person receiving the gift certificate with a special code. Once the recipient signs up and enters that code, their Gift Certificate is redeemed and their membership is activated.
A Gift Certificate is good in the 50 United States, its territories and possessions and Canada only.
A Gift Certificate is nonrefundable.
A Gift Certificate is not redeemable or refundable for cash.
Recipients will need a valid credit card to activate their membership.
audiotogo.com is not responsible for lost or stolen Gift Certificates.
Gift Certificates and their use are subject to our general Terms and Conditions.
audiotogo.com reserves the right to change these Terms of Use from time to time in its sole discretion.
 
 
audiotogo, Inc.
22272 Pepper Road, Unit B
Lake Barrington, IL 60010
Toll Free: (888)-829-7867
Tel: (847) 381-9900
Fax: (847) 381-2447
 

Email: custserv@audiotogo.com

Hours: 8am – 4:30pm, Mon. - Friday
9am - 2pm Saturday. All times are CST.

 
 
 
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