Terms & Conditions

TERMS AND CONDITIONS OF USE

Please read this license agreement carefully, as it governs your relationship with Mission Control, LLC, also operating as Recap Books, LLC. It sets forth important legal obligations between you and Recap Books, LLC, and it defines the scope of what you can do if you have a disagreement with Recap Books, LLC. We stand by our products. Recap Books, along with our other products, has been designed, developed, and tested in order to meet the needs and demands of our clients, and we expect that it will perform to our clients’ expectations in most environments. However, because every client’s needs are different, we cannot and do not guarantee that Recap Books or our other products will work in every environment or for every need. If you find that Recap Books does not suit your needs, or if you are unsatisfied with it, this agreement sets forth the extent and nature of your and our obligations with respect to troubleshooting, support, and refunds. For most users, problems can be resolved individually through our direct service obtained through our contact page.

1. definitions

1.1. In this agreement Mission Control, LLC, may also be referred to as “Recap Books, LLC”, “Recap Books”, “we” or “us”.

1.2. “You” means you, along with your agents, those you represent, employees, assigns, successors in interest, beneficiaries, and heirs.

1.3. Recap Books, along with any other product developed by Mission Control, LLC, including but not limited to links to eBooks, eBooks, printed hardcover books, the processing of your data, and consulting, may also be referred to as the “Product” or “Products”.

1.4. This agreement as a whole may be referred to as the “Agreement”, as the “Terms and Conditions”, or as the “Terms”.

1.5. “Data transfer” includes but is not limited to any instance in which you transfer digital files to us for processing into a product.

1.6 “Data transformation” may be referred to as “data processing” or “transformation” and means the process by which the data transferred to us is transformed into a product, and for some products includes your participation.

1.7. “Product delivery” means that a product created or produced by us is provided to you digitally (possibly including but not limited to email, file transfer, linking to downloads, your account on our web page), or physically through a delivery service (possibly including but not limited to the U.S. Postal Service, the postal service of the country for your delivery, or other commercial delivery services) to an address you provided.

1.8. “Support” or “Support Services” means the actions of us through our staff, in communication with you, to troubleshoot issues you may experience when using or upon receiving our products.

1.9. “Commercially Reasonable Efforts” means those efforts that a reasonable person would make under the circumstances, limited to practices and steps that are commercially acceptable and typical in the ordinary course of service, product development, and support and further limited to steps which require a time commitment which is reasonable and commercially acceptable and typical in the ordinary course of providing products to you.

1.10. “Event of Force Majeure” means any event beyond our control which prevents us from complying with our obligations under this Agreement, including but not limited to an act of God such as a natural disaster; the threat, declaration, or consequence of war; a riot, strike, or disorder (unless solely limited to our employees); or any act of terrorism.

2. agreement

By engaging in a data transfer, purchasing a product, or purchasing a gift card, you agree to be bound by this Agreement. If you disagree with any of these Terms and Conditions, do not use our service, perform a data transfer, or purchase products.

3. data transfer

Terms herein that govern Data Transfer are in addition to and cumulative with the other terms in this Agreement.

All data transferred to us will be used for internal purposes only or to enable us to comply with a legal obligation. The information we obtain from you and our policy concerning that information’s receipt, use, and retention, along with procedures for the removal, retrieval, transfer, or permanent deletion of that data are set forth in a Privacy and Data Policy available on the website or from us upon request and which may be updated from time to time with or without notice.

You agree to transfer only files you receive from your social media download as outlined in our instructions for the social media platform. You agree not to remove any files from the download unless directed to do so by us, possibly through instructions on our web page. You agree not to add any additional files to the social media download and certify that you are not uploading any malware, viruses, or malicious content. You further agree that all data and photos in your data transfer comply with the community standards of the social media platform where it was originally posted and certify that you have a legal right to possess and use the data which you transfer to us.

When you initiate a data transfer you agree that you will purchase a product and participate in the data transformation. You further agree to receive email instructions and to follow those instructions to complete the data transformation for the product you intend to purchase.

4. data transformation

Terms herein that govern Data Transformation are in addition to and cumulative with the other terms in this Agreement.

Upon receipt of a data transfer, we agree to undertake Commercially Reasonable Efforts to complete a data transformation for you to achieve a product delivery. While data from different social media platforms will require different data transformation processes, you agree to participate in the process. You agree to complete the instructions provided to you in a reasonable amount of time and contact us when you will take more than five days to complete a step. Recap Books reserves the right to terminate a data transformation, including deleting the data transferred to us, with or without notice and for any reason or no reason, in particular when you do not complete a data transformation step in a reasonable amount of time. We agree to complete the data transformation in a reasonable amount of time and to notify you when a data transformation will be delayed beyond a reasonable amount of time.

5. product delivery

Terms herein that govern Product Delivery are in addition to and cumulative with the other terms in this Agreement.

Gift cards are delivered via email according to the emails entered by you on the product purchase page. Once purchased, the code associated with a gift can be used by anyone with access to the code on our web page store. You and the gift card recipient are responsible for protecting the gift card code information.

eBooks are delivered via a link in an email and/or your user account. The eBook link will be available for a limited time. The eBook PDF file should be downloaded by you prior to the communicated expiration date for the link.

Physical books are delivered via a delivery service to an address you provide. You are responsible for supplying the correct address in all stages of the order process and you waive any claim against us for delivery to an incorrectly entered address. Physical products are produced and shipped by third parties and you agree that third parties may experience delays in production or delivery and that Recap Books is not responsible for those delays.

6. support services

Support Services for data transfer and during data transformation may be requested by you when done in good faith. The primary means to request support service is through our contact page with support provided through guidance in the form of an email.

Support requests are handled on a first-come, first-serve basis. We will undertake Commercially Reasonable Efforts to resolve issues in a timely, courteous, and professional manner. However, we make NO WARRANTY of any kind with respect to data transfer or data transformation or with respect to whether the use of Support Services may resolve any particular issue. We hereby disclaim any and all warranty not expressly provided herein, including but not limited to the warranties of MERCHANTABILITY and of FITNESS FOR A PARTICULAR PURPOSE. You use our Support Services at your own risk. We are not responsible for any harm, including but not limited to data loss, that may occur as a result of using our Support Services, and our liability for harm resulting from your use of Support is expressly limited as provided herein.

7. refunds and replacement

All refunds are at the sole and exclusive discretion of Recap Books, LLC, and we reserve the right to refuse to offer a refund for any reason or for no reason, including in all instances in which a user has received a product delivery. Refunds will not be offered on any eBook nor on any gift card. Physical products will not be offered a refund after the product is sent for printing.

When damage occurs during shipping, you may supply photo evidence of the damage by first contacting us through our contact page to inquire about replacing a damaged physical product. Recap Books will make Commercially Reasonable Efforts to act as your advocate to the printing and shipping entities with the full intention of obtaining replacement product delivery.

8. account suspension

Recap Books, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, a user account with or without notice and for any reason or no reason. If an account is suspended no refund will be granted.

9. warranty

We are not responsible for any data loss, issues with your social media accounts, or problems in your data transfer. Our products are purchased “AS IS” and WITHOUT ANY WARRANTY. We hereby disclaim any and all warranty not expressly provided herein, included but not limited to the warranties of MERCHANTABILITY and of FITNESS FOR A PARTICULAR PURPOSE. You use our services at your own risk. We are not responsible for any data loss that may occur as a result of data transfer, data transformation, or product delivery, and our liability for harm resulting from your use of our service is expressly limited as provided herein.

10. pricing, billing, & privacy

We reserve the right to change pricing at any time for any or for no reason. We reserve the right to not honor typographical errors which may cause incorrect pricing on the website.

You warrant that information provided to us with respect to your identity and contact and billing information is correct and accurate, and you undertake a continuing duty to maintain accurate records with us. Failure to maintain accurate contact information may result in diminution of services including but not limited to Support Services, and we reserve the right to immediately terminate without refund any data transformation or product delivery in the event of fraud or misrepresentation.

You further warrant that you will pay the purchase price plus taxes and shipping for the product you ordered, including when the number of volumes for a hardcover set requires you to purchase additional books. You agree that Recap Books will determine the number of the books needed in a set, and we agree to minimize the number of books while maintaining product quality.

We will absolutely never sell or share your personal information with third parties except as and only to the extent required by law. All data we collect will be used for internal purposes only or to enable us to comply with a legal obligation. The information we obtain from you and our policy concerning that information’s receipt, use, and retention, along with procedures for the removal, retrieval, transfer, or permanent deletion of that data are set forth in a Privacy and Data Policy available on the website or from us upon request and which may be updated from time to time with or without notice. The same Privacy and Data Policy sets forth information for your benefit, and it is hereby incorporated into these Terms by reference the same as if set forth verbatim herein, provided, however, that the Privacy and Data Policy shall not be construed to alter these Terms, to set forth or enlarge any remedy available to you or us, or to confer any obligation or benefit upon you or us not otherwise set forth herein. In the event of any mistake, ambiguity, or conflict in construction between these Terms and the Privacy and Data Policy, these Terms shall control and be given full force and effect.

Discounts, gift cards, coupon codes, and sale pricing must be used at the time of purchase and will not be retroactively applied to purchases. No discount, coupon code, nor sale may apply to any gift card purchases. Product purchases using a gift card may be responsible for applicable taxes and shipping. Balances remaining on a gift card are not refundable.

11. dispute resolution

In the event of any dispute between you and Mission Control, LLC, you agree to binding arbitration prior to and in lieu of the commencement of any legal action by an arbitrator and by procedures agreed to by you and us or, if we cannot agree, by three arbitrators approved by the American Arbitration Association according to the procedures set forth thereby. You agree that in any dispute, the laws of the State of Iowa shall apply, including application of its laws concerning conflicts of laws. In the event that any legal action should commence, you consent to the exclusive jurisdiction of Poweshiek County, Iowa, personally and otherwise, and you agree that Poweshiek County, Iowa, is an appropriate and convenient venue.

Further, you hereby expressly waive any right to proceed in any dispute resolution process, whether in arbitration or court or elsewhere, in any capacity other than individually; this means you give up any right to sue as a plaintiff or class member in any purported class or representative proceeding.

You further agree that in any dispute, if Mission Control, LLC, prevails we shall be entitled to recover from you the expenses of the dispute resolution, including the cost of arbitration, any court costs, and reasonable attorney’s fees.

You agree that in any dispute, your sole and entire remedy is a refund of your purchase. Our liability shall be limited to the amount of your purchase, and under no circumstances whatsoever shall Mission Control, LLC, or any of its staff or agents, be held liable for any amount, however designated or calculated, that exceeds the dollar value of your combined purchases from Mission Control, LLC.

12. intellectual property, additional permissions

You may not try to access the software which conducts the data transformation. During the data transformation, when you get previews, you may not attempt to remove water marks or Recap Books or our logos from the documents. You may not present the document as your own intellectual property. You may not perform a data transfer with data that you are not entitled to use. You must have a legal standing to perform a data transfer.

You are prohibited from using our data transformation, Mission Control, LLC, Recap Books, LLC, Recap Books, or the names or likenesses of its agents or staff for any publicity purposes unless you obtain our express written permission.

All rights to our trademarks, trade names, service marks, and copyrighted materials are expressly reserved. These include but are not limited to “Mission Control”, “Recap Books”, and the Recap Books logo. You may not copy, distribute, or otherwise infringe upon our intellectual property without our express written permission.

13. section titles, terms, contents

This Agreement consists of sixteen (16) numbered sections. Section titles are provided for convenience only and are not part of the Agreement. Further, the preamble preceding section 1. Definitions, is provided for convenience and is not part of the Agreement.

14. force majeure, end of life

In the event that our service is discontinued, that Recap Books, LLC, ceases to operate or to exist, or that printing or other Dependencies are discontinued or cease to operate or to exist, then you agree to waive any and all claims, rights, and choses in action arising out of this Agreement or otherwise available to you at law, equity, or otherwise. You agree that we shall have no liability and no obligation to perform pursuant to this Agreement in the event of any Event of Force Majeure upon notice to you.

15. mutual drafting, assistance of counsel

Both you and we have had ample time and opportunity to retain the advice of counsel and review this Agreement with our respective counsel. Prior to entering this Agreement, you and we have also had ample time and opportunity to communicate in order to negotiate and amend the terms of this Agreement to each of our benefits. You and we agree therefore that in any instance in which this Agreement may be construed by a tribunal, the Agreement shall not be construed against a party by virtue of that party’s authorship or whether that party chose to retain counsel.

16. entire agreement

The preceding Agreement governs the data transfer, data transformation, sale of all products and services from Recap Books, and the product delivery. It constitutes the entire agreement between you and us, superseding any prior, other, or different agreements or negotiations between you and us. The Terms and Conditions herein are continuing in nature and may be altered or amended by us at any time for any reason or for no reason and with or without notice. By placing an order with us you acknowledge that you have read and understood the terms and conditions of this agreement, including as they may be amended, and agree to be bound thereby.