VidBooks
Terms of Service
Terms of Service

This Contract for Services is made effective with the scheduling of a pickup appointment, by and between (the "Individual"), and Vidage, LLC DBA VidBooks of 2163 US Highway 8 Suite 100 - 4024, Saint Croix Falls, Wisconsin 54024 (the "Provider").

1. DESCRIPTION OF SERVICES. 
Beginning on the scheduled pickup date, Vidage, LLC DBA VidBooks will provide to the individual the following services (collectively, the "Services"): Vidage LLC, DBA VidBooks is a for-profit Wisconsin based limited liability company. Under these Terms of Service herein, we are providing book pick up and redistribution services. The individual agrees to provide used books and make them available for pick up at the agreed upon location, date, and time. The individual agrees to provide their contact information for coordination logistics surrounding pick up. The individual agrees that Vidage LLC DBA VidBooks may make a profit on its redistribution services by putting old books to good use. The individual transfers any and all property rights to Vidage LLC DBA VidBooks at time of property pick up. Vidage LLC DBA VidBooks denies that any monetary compensation is due to the individual at, or, any time after property transfer. Once property is transferred to Vidage LLC DBA VidBooks, Vidage LLC DBA VidBooks may use that property for any purpose deemed necessary at its sole discretion. The individual understands that to successfully transfer property to Vidage, LLC DBA VidBooks, a pick up appointment is necessary. At the pickup appointment, the individual agrees to give Vidage LLC, DBA VidBooks clear access to the pre-packaged property. Vidage LLC, DBA VIdBooks is not a packaging service. The individual agrees to have the property pre-packaged in either boxes, garbage bags, or, plastic or paper shopping bags. The individual agrees to give clear access to pre-packaged property. The property must consist of books. Vidage LLC, DBA VidBooks will only accept books for property transfer at the scheduled pick up appointment.

2. PAYMENT.
The individual and Vidage, LLC DBA VidBooks agree that no financial transaction has taken place. No payments were ever made, received, delivered, or accepted.

3. TERM. 
This Contract will terminate automatically upon completion by Provider of the Services required by this Contract. 

4. DEFAULT. 
The occurrence of any of the following shall constitute a material default under this Contract:
a. The failure to keep the scheduled pickup appointment by either party.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the
benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in this
Contract.

5. ATTORNEYS' FEES AND COLLECTION COSTS. 
If there is dispute relating to any provisions in this Contract, the prevailing party is entitled to, and the non-prevailing party shall pay, the costs and expenses incurred by the prevailing party in the dispute, including but not limited to all out-of-pocket costs of collection, court costs, and reasonable attorney fees and expenses. 

6. REMEDIES. 
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 2 days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Contract.

7. FORCE MAJEURE. 
If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire,
explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

8. ENTIRE AGREEMENT. 
This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes any prior written or oral agreements between the parties.

9. SEVERABILITY. 
If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

10. AMENDMENT. 
This Contract may be modified or amended in writing by mutual agreement between the parties, if the writing is signed by the party obligated under the amendment.

11. GOVERNING LAW. 
This Contract shall be construed in accordance with the laws of the State of Wisconsin.

12. NOTICE. 
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.

13. WAIVER OF CONTRACTUAL RIGHT. 
The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

14. ATTORNEY'S FEES TO PREVAILING PARTY. 
In any action arising hereunder or any separate action pertaining to the validity of this Agreement, the prevailing party shall be awarded reasonable attorney's fees and costs, both in the trial court and on appeal.

15. CONSTRUCTION AND INTERPRETATION. 
The rule requiring construction or interpretation against the drafter is waived. The document shall be deemed as if it were drafted by both parties in a mutual effort.

16. ASSIGNMENT. 
Neither party may assign or transfer this Contract without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date of the scheduled property pickup service.
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