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INTRODUCTION
A. Publishing Solutions, Inc., a Delaware corporation (hereinafter “we”
or “us” ) is engaged in the business of providing services and products
to authors seeking to publish, promote, and sell their manuscripts or other digital
content (“Works”) to which they own the copyright through our Web site-based
platform (the “Site”).
B. You desire to utilize our Site to facilitate the exchange of the information
contained in the Works. Our Site will enable you to publish your Work, and allow
other people to purchase the Work in traditional printed formats.
C. Additionally, we will sell to you certain additional services, including, formatting,
copy editing, proofing, printing, selling, distribution services and other services
in connection with the publication and distribution of the Work through our Site
made available by us from time to time and selected by you (the “Services”).
D. The following terms and conditions (the “Terms and Conditions”) shall
apply to your use of the Site to publish and distribute your Work, and the performance
of the Services selected by you. By using our Site, you acknowledge and agree that
these Terms and Conditions constitute a binding, legal agreement between you and
us and are part of each Service offered by us and purchased by you.
1. AGREEMENTS
1.1. In order to publish your Work or purchase other content on our Site, you will
need to create an account. When you register for an account, we will ask for your
first and last name and electronic mail (email) address. You will then be asked
to select a User ID and Password. Prior to publication of the Works, you will provide
us with home address, country, and language preference. You are solely responsible
in all respects for: (a) all use of the Site made using your User ID and Password,
and (b) maintaining the confidentiality of your User ID and Password. Only one individual
may access the Site at the same time using the same User ID and Password. You agree
to notify us immediately of any unauthorized use of your e-mail address, User ID
or Password or any other breach of security regarding the Site of which you are
aware. We may refuse to grant you a User ID or Password that impersonates someone
else, is protected by trademark or other proprietary right law, is vulgar or otherwise
offensive, or for any other reason.
During the publishing stage, you also have the opportunity to establish the pricing
for your Work based upon the pricing and royalty options set forth in Section 5
of these Terms and Conditions. At any time after registration, you will have the
opportunity to opt-in to news and updates from us. If you choose to opt-in, we may
send you e-mail communications such as newsletters and other information from us.
Whether or not you opt-in to news and updates from us, there are still certain types
of email communications you will receive from us. These communications include Site-critical
announcements, information regarding the Services offered by us, changes to our
Terms and Conditions, and any other communication that is necessary for all of our
Site users to receive.
When you place an order for delivery on our Site, we will ask for the name, shipping
address, and phone number where you would like to receive your package. This information
is used for the purpose of shipping your order. We will have to share your name
and address with our shipping partners in order to complete the shipment, but our
shipping partners are not permitted to use your information for any other purpose.
At the next step of the ordering process, we will ask for your payment information
and billing address. We will ask for your credit card number, card security code,
and expiration date. This information is processed through Verisign for the purpose
of completing your transaction, and is encrypted through secure socket layer (SSL)
technology.
1.2. As the author and creator of the Work, you are solely responsible for any Work
you upload to our Site. Each author of a Work approves of the visual presentation
and content of each item and bears responsibility for its quality and presentation.
Our staff does not monitor or check individual Works prior to publication through
our Site. Since computers and other equipment (both yours and ours) are subject
to occasional malfunction, you agree that you will not hold us responsible for any
inadvertent damage to, corruption of or destruction of the Work. We are not responsible
for backing up the Work or otherwise storing the Work you upload to the Site. You
are responsible for backing up, on your own computer, all Work. If any Work transmitted
to us is damaged, lost or corrupted in any way, we will have no obligation or liability
to you.
1.3. You will retain all rights to the content of the Work posted to the Site; subject
to granting us the right to post, display, copy and sell the Work within the limitations
set forth during the registration and setup process for the Work. We are NOT responsible
for editing the Work and have no editorial control over your Work. As part of the
Services, you may purchase copy editing services provided by us. You will have final
authority with respect to suggested editing changes made by our copy editors. You
will provide such assistance as we may reasonably request regarding purchased Services.
1.4. Our Site will allow you to format the Work subject to the specifications, requirements
and capabilities of our Site. We will retain final discretion over formatting of
the Work and its cover according to our printing specifications. You acknowledge
that you may not utilize the formatted Work and cover with any other publisher,
if we cease publication of the Work. We retain the right to refuse content that
does not meet our technical capabilities. You understand that print-on-demand technology
can sometimes make exact color matching difficult. We make no guarantees that we
can match a particular color within the color spectrum or that copies of the Work
printed on different dates will exactly match the color of previously printed copies
of the Work.
1.5. If you include any information that could be used to identify you, such as
your personal phone number, e-mail address, Social Security number or a government-issued
ID number (collectively “Personal Data”), in your Work, it will be included
with your Work when sold. By including Personal Data in the Work you post, you authorize
us to disclose that Personal Data as part of the Work. You may not include Personal
Data about other people in your Work, unless you provide to us a waiver from such
people.
1.6. You understand that if there is more than one author contributing to the Work
(“Joint Work”), the individual(s) who register(s) on our Site will be
the sole point of contact with whom we will communicate regarding all matters related
to the Work and all parts constituting these Terms and Conditions. By registering
with our Site, each author of the Joint Work agrees to these Terms and Conditions.
1.7. You agree to pay all applicable shipping and handling fees associated with
purchasing copies of your own Work.
1.8. We will use reasonable efforts to assist you in promoting the Work consistent
with the promotional services purchased by you. You acknowledge that some promotional
offerings will not be fulfilled until after the Work is available for distribution.
However, we cannot guarantee sales of any of your Work. We make no guarantees or
promises as to the minimum success of the Services or the amount of book sales which
may result from the Services. We have no control over the purchasing decisions of
consumers and are not liable to anyone if the Work does not sell to your expectations.
1.9. If you purchase Work from the Site, you agree to the following conditions with
respect to such Work and the information contained therein:
(a) You can resell your own physical content (printed books) purchased from us,
at your discretion and at whatever price you want;
(b) You may not resell any other person’s Work or otherwise profit from its
use or display;
(c) Sharing, copying, adapting, redistributing, reconfiguring, modifying or creating
derivative work from another author’s Works is strictly prohibited.
(d) The owners who sell their Work through our Site retain ownership of the copyrights
or other licenses in the Works.
(e) You agree not to allow any third party to: resell, redistribute, sublicense,
assign, delegate, or otherwise transfer the Work, any part thereof, or any related
rights or obligations hereunder.
1.10. When you choose to 'retire' or 'delete' your Work from the Site, it will no
longer be available or visible to other Site-users. If no copies of the Work have
ever been sold or used in a collaborative project, you can delete it from the Site.
We reserve the right to retain your Work in our archives to the extent required
by our data backup systems or, at our discretion, for archival purposes. We will
retain your Personal Data only for so long as is reasonably required to fulfill
the purposes for which it was collected, or if required by law.
Except as provided herein, we do not retain any residual rights to deleted or retired
Work or your Personal Data. If you choose to terminate your use of the Site in accordance
with Section 7, the terms above regarding the status of the Work you have uploaded
remain applicable.
2. YOUR LEGAL RESPONSIBILITY
2.1. You represent that you are the copyright owner of the Work and all of its content
or have a legally binding agreement with the copyright owner.
2.2. You represent that the Work does not infringe upon any statutory or common
law right of copyright, libel or privacy of any third party.
2.3. You represent that you are the owner of any trademarks and/or trade names associated
with the Work and that the usage of such trademarks or trade names does not infringe
upon the rights of third parties.
2.4. You represent that the Work does not contain illegal, unlawful or objectionable
material including, but not limited to, pornography, obscenity or hate speech. You
acknowledge that the Work is not plagiarized and does not include falsely attributed
statements of third parties.
2.5. You represent that the Work does not contain any Personal Data about any individual
other than you (unless a waiver is provided).
2.6. You represent that the Work does not include malicious code, including, but
not limited to, viruses, Trojan horses, worms, time bombs, cancel bots, or any other
computer programming routines that may damage, interfere with, intercept or expropriate
any system, program, data or personal information (including Personal Data).
2.7. You represent that the Work does not offer or disseminate fraudulent goods,
services, schemes, or promotions, or promote domain names, URLs, or hyperlinks that
constitute commercial content such as that found in advertising, promotions, or
solicitations.
2.8. You represent that all factual information in the Work you upload to the Site
is true and accurate, and the use of any recipe, formula, or instruction in the
Work will not result in personal injury to any person.
2.9. You represent and warrant that you have the legal capacity to enter into these
Terms and Conditions, and that the entering into of these Terms and Conditions does
not conflict with any arrangements or agreements between you and any other person
or entity.
2.10. You completely and wholly accept responsibility for the content of the Work.
3. OUR LEGAL RESPONSIBILITY
3.1. We are not legally responsible in any way or means for your Work. We are not
liable to any third party for the Work, regardless if we had any knowledge or could
have reasonably known of any illegal, unlawful or objectionable content in Work.
3.2. We reserve the right to remove any and all material that we deem inappropriate
or illegal, or offensive, or potentially or actually harmful in any respect. At
our discretion, we will remove Work and/or ban those who violate our policies with
respect to the Site. We reserve the right to amend our policies from time to time
in our sole discretion. Further, we reserve the right to refuse to provide and/or
to discontinue ALL Services upon our discovery of any violation by you of these
Terms and Conditions, any other actions, omissions or misconduct by you with respect
to Work, and/or your performance under these Terms and Conditions. In the event
a complaint is made by a third party regarding the Work, we reserve the right to
suspend the Services in accordance with Section 7.1 until such time as the complaint
is satisfactorily resolved, as determined by us in our sole discretion.
3.3. We will not be responsible for retrieving the Work or for any sales of Work
in the possession by an entity other than us.
3.4. We will be permitted to use your Personal Data and publicize information concerning
the Work in connection with the advertisement, promotion and marketing of the Services
offered by us, including, but not limited to, publication of the name and a description
of the Work, your name and address (city and state only), and success relating to
the sale of your Work. We may also negotiate with search engines and third-party
retailers to allow them to make available excerpts of the Work, otherwise publicize
the Work and utilize our trademarks to assist us in building our brand. The only
benefit which you can expect to receive as a result of the publication of the excerpts
of your Work is to hope that such relationships will lead to more opportunities
to sell the Work, thereby resulting in potential additional royalties to you.
3.5. We will not be liable for delays, errors or non-performance of Services caused
by any of our third party vendors or suppliers.
3.6. From time to time, we will discontinue offering certain promotional items.
We reserve the right to substitute a different promotional item of equal or greater
value to you with or without notification in the event of a discontinuation. In
all situations, we will endeavor to notify you of a cancellation of any promotional
item that you have purchased.
3.7. Technical, maintenance and other issues may make the Site unavailable from
time to time. We make no commitment, warranty or guarantee that the Site will operate
in a timely, uninterrupted or error-free manner, or that the Site will meet the
Site user's purposes. We may also in our sole discretion modify the features, availability,
operation and/or appearance of the Site from time to time without notice to our
users.
3.8. We make no representation that material on the Site is appropriate to or available
at locations outside of the United States. You may not use the Site or export the
Work in violation of U.S. export regulations. If you access this Site from a location
outside of the United States, you are responsible for compliance with all applicable
local laws.
4. INDEMNIFICATION AND LEGAL DISCLAIMER
EXCEPT AS STATED IN THESE TERMS AND CONDITIONS, WE DISCLAIM ANY AND ALL WARRANTIES,
CONDITIONS, OR REPRESENTATIONS (EXPRESSED OR IMPLIED, ORAL OR WRITTEN), WITH RESPECT
TO THE SITE, THE WORK SOLD THROUGH THE SITE AND THE SERVICES PROVIDED HEREUNDER,
OR ANY PART THEREOF, INCLUDING ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE,
NON-INFRINGEMENT, COMPATIBILITY, OR FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER
OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT
AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED, ARISING BY OPERATION OF LAW, CUSTOM
OR USAGE IN THE TRADE, OR BY COURSE OF DEALING. IN ADDITION, WE EXPRESSLY DISCLAIM
ANY WARRANTIES OR REPRESENTATIONS TO ANY PERSON OTHER THAN YOU WITH RESPECT TO THE
SERVICES OR ANY PART THEREOF.
WITH RESPECT TO ANY DOWNLOADS FROM THE SITE, WE DO NOT REPRESENT OR WARRANT THAT
DOWNLOADING CONTENT OR USE OF THE SITE WILL BE SUCCESSFUL, AND DO NOT REPRESENT
OR WARRANT THAT ANY SUCH DOWNLOADING OR USE WILL NOT CAUSE DAMAGE TO YOUR COMPUTER,
DATA, SOFTWARE, FILES OR PERIPHERALS. WE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR
COMPUTER, DATA, SOFTWARE, FILES OR PERIPHERALS THAT MAY BE CAUSED BY YOUR USE OF
THE SITE OR THE DOWNLOADING OF WORKS.
IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOST PROFITS OR REVENUES
OR INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES.
We assume no liability for any loss, damage, injury, or claim of any kind or character
to any person or property, including, but not limited to, you or any third party,
arising from, relating to, or in connection with the Site, for any Services provided
hereunder, the Works on the Site, or any transaction between us under these Terms
and Conditions and the subsequent sale or distribution of the Work. You agree that
submission of the Work (including, without limitation, manuscripts, pictures and
diskettes) to us is at your own risk and agree that we will have no liability related
to the misplacement or loss of the Work for any reason.
If a claim is presented against us alleging that the Work is an infringement or
the Work otherwise violates or adversely affects the rights of third parties, we
are hereby authorized, at our election: to negotiate, compromise, or settle such
claim, subject to your approval, which approval shall not be unreasonably withheld
or delayed; or defend the institution of any action thereunder at your expense.
You agree to defend, indemnify and hold harmless us and our employees, shareholders,
directors, representatives, successors and assigns of and from all and any manner
of claims, demands, suits, actions, losses, costs, liabilities, damages, settlements,
awards, judgments, attorneys’ fees, professional fees, costs and expenses
arising from or relating to: claims of third parties regarding ownership, trademark,
copyright, libel, slander, plagiarism, privacy, misappropriation, and similar claims
relating to the Work on the Site; the sale and distribution of the Work; and any
misrepresentation, breach or default by you under these Terms and Conditions or
any other agreements or understandings between the parties. Until our claim for
indemnity has been fully satisfied, we may, at our sole discretion, retain all payments
due you under Section 5 of these Terms and Conditions, cease providing any further
Services, and you shall have no right to receive a refund of any monies paid to
you by us. In addition, you agree to abide by and comply with the policies promulgated
by us with respect to requests or complaints from third parties regarding the Work.
5. PRICING AND ROYALTY AGREEMENTS
5.1. Payment Terms for Purchase of Works. In order to purchase Works on the Site,
you must possess a valid PayPal account, credit card or debit card.
5.2. Price of Work and Royalties. During the publishing process for each Work submitted
on the Site, you are asked to choose the price of the Work and the corresponding
royalty amount you will receive from the sale of the Work. If we sell your Work,
and we receive payment, we will pay you the royalty amount you chose during the
Work registration process. As the author of the Work, you will be able to purchase
copies of the Work for a discounted price. In order to receive royalty payments
from us, you will have to provide remission information at our Site. On this page,
we will ask for the name, address, and phone number where you would like to receive
your payment. It is your responsibility to update your contact information if it
changes. If your account is inactive or terminated and we are unable to contact
you using the contact information provided, we may also, at our discretion, charge
a termination fee equal to the amount of unpaid royalties to cover administrative
costs.
We will remit payments to you on a quarterly basis (4 times a year) along with a
report of sales in that reported quarter by electronic mail; provided, however,
no payment shall be made to unless and until the amount of the royalties is equal
to or exceeds $20.00.
5.3. Modification of Price. You may not modify the selling price of Work without
our prior written consent.
5.4. Payment and Royalty Fees Statement. The royalty payments made to you will be
the amounts selected by you during the Work registration process, less any outstanding
amounts owed by you to us and/or withheld pursuant to Sections 5.5 and 5.6 below
and governing laws.
5.5. Tax Withholding and Taxpayer Identification Number. All royalty payments to
you will be subject to applicable tax requirements. You will provide us with all
necessary information and documentation to comply with tax requirements including
your Taxpayer Identification Number (“TIN”) and a completed Internal
Revenue Service (“IRS”) form W-9. If you are a single person, the “Taxpayer
Identification Number” is understood to be the personal Social Security Number.
You must be a U.S. citizen or permanent resident alien, to utilize the Site.
In the event that you fail to provide us with the proper aforementioned documentation
and information, or fail to fully comply with the provisions of these Terms and
Conditions, we will have the right to withhold from royalties owed to you any moneys
required to be deducted or withheld in compliance with the tax code or other governing
laws. You understand that you will have no right to seek reimbursement from us for
such withholdings and payment by us to the proper authorities.
5.6. Withholding of Royalty Payments. When you do fully comply with the provisions
of Section 5.5, we will cease withholding payments. However, you will have no right
to receive from us any amounts withheld and remitted to taxing authorities pursuant
to Section 5.5.
5.7. Transfer of Ownership of Work. You may assign the ownership of the Work and
the right to receive royalty payments to a different party by completing all of
the following: providing payment to us for all Services selected, providing us with
the new party’s TIN and W-9 or other applicable documentation (see above),
providing the new party’s agreement to these Terms and Conditions in its entirety,
and by obtaining the prior written approval of us. This approval may be withheld
by us at our sole discretion for any reason.
In the event that we consent to the assignment of payments, you and such transferee
shall jointly and severally reimburse, indemnify, and hold harmless us for any tax
liability, penalty, interest or fee imposed by any federal, state or local taxing
authority, for any reason in connection with the assignment of any payment pursuant
to this Section. In such event, you and such transferee shall execute such indemnification
or other agreements as may be requested by us.
All applicable payments to us must be made prior to commencement of the selected
Services. All payments made by you to us are non-refundable, except as may be specifically
provided otherwise in these Terms and Conditions.
5.8. Return of Work. Any Work that has been purchased, whether in electronic or
printed format, will be accepted for return only if it is damaged when received
by the purchaser. If you receive a book, CD, or electronic file that is damaged
in some way (missing, torn, or loose pages in books, inoperable CD's, etc.), we
will provide a replacement copy. Due to the nature of the print-on-demand manufacturing
process, we will not accept returns on physical products. Because we provide an
author-controlled publishing tool, we cannot accept responsibility for the quality
of the Work purchased (including misspelled words, grammatical errors, etc.), its
formatting, design or overall appearance except in those specific instances in which
you purchase additional Services offered by us related to the Work.
6. YOUR REMEDIES
6.1. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATING TO OUR PERFORMANCE UNDER
THESE TERMS AND CONDITIONS WILL BE FOR US, AT OUR CHOOSING AND UPON WRITTEN NOTICE
TO YOU, TO EITHER A) USE COMMERCIALLY REASONABLE EFFORTS TO CURE, AT OUR EXPENSE,
THE MATTER THAT GAVE RISE TO THE CLAIM FOR WHICH WE ARE AT FAULT, OR B) TO RETURN
TO YOU ONLY THE FEES PAID FOR THE WORK OR THE PARTICULAR SERVICE WHICH PROMPTED
THE CLAIM. In those instances in which we perform certain Services related to your
Work, you shall review and inspect the Work upon completion of the Services. Any
claim under these Terms and Conditions must be made within thirty (30) days of delivery
or performance by us of your Work or your selected Services. You will work with
us to resolve all issues and disputes regarding the Work or Services prior to seeking
any remedy under this Section 6. To the fullest extent legally permitted, you agree
not to allege that the remedies in this Section fail their essential purpose.
7. TERMINATION OF AGREEMENT
7.1. Suspension of Services. Upon a breach, default, or failure by you to comply
with these Terms and Conditions or the failure to cooperate with us in the provision
of any Services, we will have the right to suspend any or all performance until
you cooperate with these Terms and Conditions and/or cooperate with us in the provision
of Services.
7.2. Termination. Our agreement and these Terms and Conditions shall continue until
one of the following occurs:
(a) Upon thirty (30) days’ written notice, you terminate our agreement for
any reason other than a breach of contract by us. You agree to pay us for any amounts
due on items purchased, and we will retain all moneys previously paid by you to
us.
(b) Upon thirty (30) days’ written notice, we terminate our agreement for
any reason other than a breach of contract by you.
(c) By us immediately upon written notice if you have failed to pay us for any selected
Services after we have given prior written notice to you of such nonpayment (in
which case we will have the right to retain all moneys previously paid by you to
us).
(d) Except pursuant to Section 7.2(c), upon either party terminating the agreement
in the event of breach or default by a party to these Terms and Conditions which
remains unresolved after thirty (30) days’ written notice.
(e) Termination by mutual written agreement of the parties.
In the event of termination, we will discontinue distribution of the Work, and the
provisions addressing future performance shall survive the termination, including,
but not limited to, Sections 3, 4, 5, 6, 13 and 15.
8. PRIVACY POLICY
In general, we collect Personal Data when you register with us, when you post your
Work on our Site, when you use our Services and when you visit our pages or pages
related to the Work posted on our Site. That information is used to fulfill your
requests for products and Services, to conduct research, to contact you, to contact
those who purchase your Work and to improve our Services. We endeavor to limit access
to your Personal Data to only our employees who reasonably need access to complete
these purposes. You may view and edit your account information at any time.
We will disclose Personal Data under the following circumstances:
(a) In response to subpoenas, court order, other legal process, to establish or
exercise our legal rights or defend against a legal claim, or as otherwise required
by law;
(b) As necessary to investigate or prevent violations of these Terms and Conditions,
suspected illegal activity or threats to the physical safety of another person;
(c) To our trusted partners who work on our behalf under confidentiality agreements;
and
(d) In the event we are acquired by or merged with another company.
We will transfer your Personal Data to other countries where we do business, but
will always treat your Personal Data according to the terms of our Privacy Policy.
If you include your Personal Data in the Work that you upload for posting and/or
purchase on our Site, that information may be widely available to other users. We
do not exercise any control over those users and cannot guarantee that your Personal
Data will be protected as described in our Privacy Policy. We are not liable for
any damage that may be incurred due to use of Personal Data that was made available
as part of Work posted on the Site. We will set and access cookies to keep track
of your login status. Please reference your browser's “Help” menu to
learn how to change cookie preferences. Your Personal Data does not include your
Username, and any information you make available through your public contact settings.
Your Username and public contact information may be displayed on the Site to other
users.
For a complete description of our use and disclosure of your Personal Data, please
review our Privacy Policy.
9. NO WAIVER
Any waivers of rights must be in writing and no prior waiver will affect a party’s
rights as to a subsequent breach. Our rights and remedies shall be distinct, separate,
and cumulative. No action or inaction by us shall operate to exclude or deprive
us of any other rights allowed to us by law.
10. FORCE MAJEURE
We will be excused from our obligations if our performance is prevented by events
outside of our reasonable control, including, without limitation, acts of God, wars,
riots, strikes or other labor disputes, natural disasters, fire, or severe weather.
In such event, we will notify you and will provide an estimate of how long performance
will be delayed. If performance will be delayed more than 90 days, you may terminate
our Services and these Terms and Conditions.
11. SEVERABILITY
If any part of these Terms and Conditions is found to be invalid or unenforceable,
the remaining provisions of these Terms and Conditions shall continue to be binding
and effective.
12. NOTICES
All notices, requests, demands and other communications pertaining to these Terms
and Conditions shall be in writing and shall be deemed given when received upon
delivery by hand, transmission by facsimile, e-mail or mailing by registered or
certified mail, return receipt requested, first class postage prepaid, addressed
as follows:
(a) If to us:
Author Solutions Inc.
Attn: HBF Publishers
1663 Liberty Drive, Suite 200
Bloomington, IN 47403
(b) If to you: All material sent from us to you will be sent to your e-mail address
or the home address identified during the registration process.
13. GOVERNING LAW; ARBITRATION; JURISDICTION
Our agreement and these Terms and Conditions shall be governed by and construed
in accordance with the laws of the State of Indiana without recourse to conflicts
of law principles. Any dispute between the parties MUST be submitted to binding
arbitration administered by the American Arbitration Association (“AAA”)
to take place in Bloomington, Indiana, before one arbitrator in accordance with
the Commercial Arbitration Rules and Mediation Procedures of the AAA (“AAA
Rules”). You acknowledge and agree that the Services provided to you are solely
for commercial or business purposes and NOT for personal or household use. The parties
hereby expressly acknowledge and agree that the Supplementary Procedures for Consumer-Related
Disputes under the AAA Rules shall not apply to arbitration pursuant to these Terms
and Conditions. In the event you institute such arbitration, then without limiting
the applicability of the AAA rules, you must serve the complaint initiating arbitration
upon us at the address provided above at the same time as you submit such complaint
to the AAA. The arbitrator will be obligated to award the prevailing party of any
such proceedings all costs, attorneys’ fees and other expenses incurred by
such prevailing party in the arbitration proceedings. Any award entered by the arbitrator
may be enforced in any court of competent jurisdiction.
14. HEADINGS
The headings of the Sections of these Terms and Conditions are inserted for convenience
only and shall not be deemed to constitute a part hereof.
15. PROPRIETARY RIGHTS
We are the owner of all intellectual property rights, including all copyright, patents,
and trademarks, associated with the Site, with all rights reserved, exclusive of
the Works provided by you and other third parties. We own the design, format and
layout of the Site. We authorize users of this Web site to use the Site and to purchase
materials posted on the Site. Any and all other uses of the materials posted on
the Site are prohibited. All copyright, patent, trademark, and other intellectual
property-related notices must remain affixed to any materials downloaded from the
Site. Failure to maintain such notices voids the authorization granted above. In
granting this authorization, we grant no other right, title, ownership, license,
or other property interest in the materials and subject matter posted on the Site,
and in any intellectual property rights protecting such materials and subject matter.
Our logo and the names of all of our products and/or Services as posted herein are
either trademarks or service marks, or registered trademarks and/or service marks
of Publishing Solutions, Inc.
16. REGISTRATION BY YOU; ACCEPTANCE BY US
You will be bound by these Terms and Conditions upon your completion of the registration
process. As to us, these Terms and Conditions will be deemed to be accepted by,
and binding upon, us at such time as we receive confirmation that you have successfully
completed the registration process and provided us with all necessary information.
17. ASSIGNMENT
Our agreement and these Terms and Conditions may not be transferred, delegated or
assigned by either party without the prior written consent of the other party, except
that we may assign the agreement and these Terms and Conditions (including your
Personal Data) in connection with the sale of our business or a merger with a third
party. These Terms and Conditions shall be binding upon, and shall inure to the
benefit of, the successors and assignees of you and us.
18. ENTIRE AGREEMENT
By completing the registration process and using the Site, you are confirming that
you have the full power and authority to enter into and perform in accordance with
these Terms and Conditions. We encourage you to print and keep a copy for reference.
We may change these Terms and Conditions from time to time. When the terms are changed,
we will make a posting on the Site regarding the change. You agree to review the
Terms and Conditions from time to time. If you do not agree to be bound by any future
changes, you should promptly notify us and discontinue your use of the Site. If
you use the Site after we have posted a change to the Terms and Conditions on the
Site, you are agreeing to be bound by all of the changes.
6.26.08
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