Terms of Service

TERMS & CONDITIONS

Welcome to Publishing.com, LLC, AI Publishing Academy, Publishing Accelerator, and the Mikkelsen Twins and/or their respective affiliates (collectively referred to as "Publishing.com") provide website features access to third party products and services to you when you visit or shop at www.publishing.com,  use Publishing.com products or services, use Publishing.com applications for mobile, or use software provided by Publishing.com in connection with any of the foregoing (collectively, "Publishing.com Services"). Publishing.com provides these services subject to the following conditions. 

Agreeing to These Terms & Conditions 

We offer a range of services depending on your needs. Individuals come to Publishing.com to both post and purchase content. A majority of these Terms and Conditions will apply to both individuals and suppliers. In some cases, the responsibilities of individuals purchasing content and suppliers providing content vary. If these Terms and Conditions are inconsistent with specific Service Terms, those Service Terms will apply.  

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IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER WWW.PUBLISHING.COM OR OTHER OF OUR SITES OR ONLINE RESOURCES WHICH LINK TO THESE TERMS.  

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THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION (SEE SECTIONS 10, 14, 15, AND 16). ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16.  THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.  

General Use 

The use of Publishing.com or other sites or online resources to which these Terms are linked (each, a “Website”), owned and maintained by Publishing.com LLC (“Publishing.com,” “we,” “our,” “us”), are governed by these Terms. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in their entirety, you are not authorized to use the Website in any manner or form whatsoever.  

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THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND Publishing.com. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY PUBLISHING.COM, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS. 

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Publishing.com reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms here. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms. 

Table of Contents  

1. Website Use
2. Website User Conduct and Restrictions-License Terms  
3. Our Privacy Statement and Your Personal Information  
4. Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency Accounts  
5. Order Placement and Acceptance  
6. Refunds & Bonuses
7. Subscription Terms and Automatic Payment  
8. Shipping Fees  
9. Products, Services, and Prices Available on the Website  
10. Disclaimer - your individual results will vary 
11. Your Responsibilities Running A Business 
12. Testimonials, reviews, and pictures/videos  
13. Compliance with the law, including commitment against harassment and interference with others
14. Disclaimers of other warranties
15. Limitations of liabilities  
16. Dispute resolution by mandatory binding arbitration and class action waiver  
17. Publishing.com’s Additional Remedies  
18. Indemnification
19. Notice and Takedown Procedures; Copyright Agents
20. Third-Party Links
21. Termination
22. No Waiver
23. Governing Law and Venue
24. Force Majeure
25. Assignment
26. Electronic Signature
27. Changes to the Agreement
28. Your Additional Representations and Warranties
29. Severability
30. Entire Agreement
31. Contacting Us

SECTION 1 – Website Use  

The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are  at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater),  operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement  and understand and agree to its terms.

SECTION 2 – Website User Conduct and Restrictions-License Terms 

All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Publishing.com trademark and logo are proprietary marks of Publishing.com, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Publishing.com.  

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Subject to your continued strict compliance with all Terms, Publishing.com provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.  

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If you purchase a subscription to Publishing.com’s online materials, Publishing.com provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the software. You  acknowledge and agree that: (1) the software is copyrighted material under United States and international  copyright laws that is exclusively owned by Publishing.com; (2) you do not acquire any ownership rights in the  software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works  from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not  copy, redistribute, publish, display or commercially exploit any material from the software without the express  written permission of Publishing.com; and (5) in the event of any permitted copying (e.g., from the Website to your  computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be  made.  

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You agree not to use or attempt to use the Website, or any software provided by Publishing.com, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to Publishing.com.  You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to, refraining from:  

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1. HARMFUL ACTS. Any dishonest or unethical practice; any violation of the law; infliction  of harm to Publishing.com reputation; hacking and other digital or physical attacks on the Website;  scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website  and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or  storing viruses or other malicious code; interfering with the security or operation of the Website;  framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a  competitive offering; infringing another party’s intellectual property rights, including failing to  obtain permission to upload/transfer/display works of authorship; intercepting or expropriating  data; and the violation of the rights of Publishing.com or any third party;  

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2. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Publishing.com reputation and to the rights of third parties. It is your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.  

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3. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you,  including without limitation postings on any website operated by you, or social media or blog, which  are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening,  harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of  unlawful behavior.  

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4. SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other content you upload to any website, software, or other electronic service hosted, provided by or connected to Publishing.com, any of the following information: social security numbers, national insurance numbers, credit card data, passwords, security credentials, bank account numbers, or sensitive personal, health or financial information of any kind.  

SECTION 3 – Our Privacy Statement and Your Personal Information  

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement and, if you and/or your end users are located in the European Union or United Kingdom.  Our Privacy Statement may be viewed here.  Publishing.com reserves the right to modify its Privacy Statement and DPA in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference. 

SECTION 4 – Information You Provide; Registration; Passwords 

As a Publishing.com user, you will be required to create an account with Publishing.com. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Publishing.com user account, and you agree not to transfer your password or username or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to you as Publishing.com Subscriber/User, including technical information, pricing, business strategy, and data about other past or current Publishing.com users or their customers.  

SECTION 5 – Order Placement and Acceptance 

If you order a service or product, payment must be received by us before your order is accepted. We may require additional information regarding your order if any required information was missing or inaccurate and may cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of confirmation, does not signify our acceptance of your order. You must contact us immediately at support@publishing.com in order to modify or cancel your pending order. We cannot guarantee that we will be able to amend your order in accordance with your instructions.  

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All items are subject to availability. We will notify you if any item is not available, the expected availability date, and may offer you an alternative product or service. If the availability of any product or service is delayed and you do not wish to substitute the product or service, upon your request, we will cancel your order and if previously charged, your payment card will be fully refunded for that specific order. We reserve the right to limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.  

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Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this Agreement.  

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All advertised prices are in, and all payments shall be in, U.S. Dollars.  

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All charges are in U.S. Dollars. We accept U.S. issued credit and debit cards from Visa, MasterCard, American Express, and Discover.

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When placing an order online, you will need:

1. The address the card’s statement is sent to (billing address);
2. The card number and expiration date; and
3. The three (3) or four (4) digit code found only on the card (CVV2 code).

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By submitting credit card information or other payment information to us, you represent and agree that: (i) you are fully entitled to use that card or account; (ii) if you choose a subscription-based purchase, that you will pay all payments for your subscriptions by the date due; (iii) all payment information provided is complete and accurate; (iv) you will be responsible for any credit card fees; and (v) that sufficient funds exist to pay us the amount(s) due.

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We and our third-party payment service providers may request, and we may receive, updated credit card information from your credit card issuer, such as updated card numbers and expiration date information when your credit card has expired. If such updated information is provided to us and our third-party payment service providers, we will update your account information accordingly, and will use such updated information to process payments for your subscription(s) if you signed up for subscription(s). Your credit card issuer may give you the right to opt out of providing vendors and third-party payment service providers with your updated credit card information. If you wish to opt out of your credit card’s updating service, you should contact your credit card issuer.

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We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill you directly and seek payment by another method including a mailed statement.

SECTION 6 – Refunds & Bonuses

Certain of our products and services including but not limited to the AI Publishing Academy, and the Publishing Accelerator, are subject to a three (3) day right of rescission where you, the buyer, may cancel within three (3) business days of your initial payment. After that time, the company reserves the right on whether or not to issue a refund. For any Clients who have received a free manuscript credit with any special or promotional offer and have already used that credit, Publishing.com reserves the right to refuse the three day right to cancel transaction. If you cancel, any payments made by you under this contract or sale will be returned to you within 10 days. All cancellation requests must be in writing via email to support@publishing.com. For Publishing Accelerator, if a cancellation is approved, the company will retain a 5% cancellation charge to cover any fees. Please contact the support email address listed above for any questions regarding cancellation or your request.

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Satisfaction Warranty

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The Freedom Shortcut

In addition to the three (3) day right to cancel the transaction, Publishing.com also has a satisfaction warranty, for The Freedom Shortcut purchased through www.thefreedomshortcut.com or publishing.com. For refunds and returns on any purchases made through 3rd party vendors such as Amazon.com, Barnes & Noble, etc. please contact the 3rd party vendor directly.

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If you purchased The Freedom Shortcut directly through our website, and within thirty (30) days of purchase you are not satisfied, you may return your product for a refund.

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7 Day Publishing Challenge

In addition to the three (3) day right to cancel the transaction, Publishing.com also has a satisfaction warranty, for the 7 Day Publishing Challenge if purchased as a separate offer. (Separate from AI Publishing Academy or Publishing Accelerator). If you purchased the 7 Day Publishing Challenge and then later purchased AI Publishing Academy, you may contact our support team within 6 months of the date of your 7 Day Publishing Challenge purchase to receive a refund for your purchase of the 7 Day Publishing Challenge less any fees

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Any other purchases of the 7 Day Publishing Challenge will not be eligible for refunds. If you received the 7 Day Publishing Challenge as a bonus with another purchase, you will not be eligible to receive a refund for the 7 Day Publishing Challenge bonus.

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AI Publishing Academy

In addition to the three (3) day right to cancel the transaction, Publishing.com also has a satisfaction warranty, also called the Plain and Simple Guarantee, for its AI Publishing Academy clients.  If a client meets certain requirements and is still not satisfied with his/her purchase, the company will issue a full refund.  In order to qualify for this warranty the client must meet each of the following requirements: 

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1. Client must complete, produce, and publish a book at least 25,000 words in length; and
2. The request to utilize this warranty must be within 365 days from the date of Client’s purchase.  

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This satisfaction warranty is only for monies paid by client to Publishing.com minus any bonuses** or cash backs received (eg. $500 Cash Back Bonus), and does not include any discounts, unpaid balances, or advertising or promotional costs paid to a third party. 

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**Clients who have received the $500 USD Cash Back Bonus waive their right to claim the Plain & Simple Satisfaction Warranty and are no longer eligible to receive a refund. 

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All criteria for meeting our Plain and Simple Guarantee must be provided to our support staff via email at support@publishing.com within 365 days from the date of purchase. If you have not completed the actions stated above, your refund request will not be considered. Please do not contact our team for a refund if you have not taken the actions required to receive a full refund.

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***When you enroll in the Publishing Accelerator program, your AI Publishing Academy purchase amount is credited towards your Publishing Accelerator fees. Students who are enrolled in the Publishing Accelerator program are not eligible for the Plain and Simple Guarantee.

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Audiobook Impact Academy [Coaching Program]

For those who purchased AIA [Coaching Program] prior to January 9, 2023. 

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In addition to the three (3) day right to cancel the transaction, Publishing.com also has a satisfaction warranty, also called the Plain and Simple Guarantee, for its AI Publishing Academy clients.  If a client meets certain requirements and is still not satisfied with his/her purchase, the company will issue a full refund.  In order to qualify for this warranty the client must meet each of the following requirements: 

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1. Client must attend his/her orientation call; 
2. Client must complete, produce, and publish an audiobook at least two (2) hours in length; and
3. The request to utilize this warranty must be within 180 days from the date of Client’s purchase.  

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This satisfaction warranty is only for monies paid by client to Publishing.com minus any bonuses** or cash backs received (eg. $500 Cash Back Bonus), and does not include any discounts, unpaid balances, or advertising or promotional costs paid to a third party. 

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**Clients who have received the $500 USD Cash Back Bonus waive their right to claim the Plain & Simple Satisfaction Warranty and are no longer eligible to receive a refund. 

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All criteria for meeting our Plain and Simple Guarantee must be provided to our support staff via email at support@publishing.com within 180 days from the date of purchase. If you have not completed the actions stated above, your refund request will not be considered. Please do not contact our team for a refund if you have not taken the actions required to receive a full refund.

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***When you enroll in the Publishing Accelerator program, your AI Publishing Academy purchase amount is credited towards your Publishing Accelerator fees. Students who are enrolled in the Publishing Accelerator program are not eligible for the Plain and Simple Guarantee. 

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Publishing Accelerator

As the Publishing Accelerator is our top level personal coaching program designed to help you get where you want to go, and we are committed to working with you to make that happen. The Plain and Simple Guarantee is only applicable to the AI Publishing Academy program and does not apply to your enrollment into the Publishing Accelerator. This means that any guarantee of your enrollment into the Publishing Accelerator is governed by the following guarantee policy.

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If at the end of your six (6) month membership in Publishing Accelerator you are not satisfied with your progress and you can prove that you have utilized the resources given and taken action on the training, then you will be given an additional six (6) months of access to Publishing Accelerator, at no additional charge. In order for this warranty to apply you must:

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• Have attended at least 6 coaching calls 
• Have attended at least 10 workshop sessions
• Have used Publishing.ai software to create book outline

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Publishing.com LLC makes no guarantee regarding the amount of business success you will achieve with this program. Any damages are limited to the amounts paid to Publishing.com LLC.

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***When you enroll in the Publishing Accelerator program, your AI Publishing Academy purchase amount is credited towards your Publishing Accelerator fees. Students who are enrolled in the Publishing Accelerator program are not eligible for the Plain and Simple Guarantee. 

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Subscriptions

If you are not happy with our services, your only recourse is to unsubscribe from using the services.

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If you choose to stop using our services before the end of your billing cycle, you understand and accept that we will not be able to offer a refund, whether partially or in full, for the remaining part of your cycle.

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For the sake of emphasis, we do not provide refunds, credit, or prorated billing for any canceled subscription.

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If you wish to cancel your subscription, please email: support@publishing.com. You must complete a cancellation survey form prior to having your subscription canceled, failure to submit your survey in a timely manner may result in you being liable for the next billing cycle. Once your survey has been received our customer service can begin to process your cancellation request.  

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Cash Back and Review Bonuses

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Clients may be eligible to submit a claim for only one of the following bonuses based on the criteria outlined for each bonus. Claiming one of the following bonuses waives your right to claim any additional Cash Back or Review Bonuses. Claiming one of the following bonuses also waives your right to exercise the Plain and Simple guarantee. **The following bonuses may only be claimed within 365 days of your original AIA Purchase and only by those who paid for AIA directly. Bonus Memberships, Companion Memberships, or Extra Memberships are not eligible to receive any bonuses.

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AI Publishing Academy $500 Cash Bonus

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Certain clients are also eligible for the AI Publishing Academy $500 Cash Bonus.  The AI Publishing Academy  $500 Cash Bonus benefits clients who take action.  In order to qualify for this exemption,  you need to:

1. Have received a minimum of 50 customer reviews on your full-length (25,000 words) Amazon book and/or full length (2+ hrs) audiobook listing combined. 

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Once your submission has been approved, our team will get back to you regarding the status of your application. As indicated in the application area, books published under the 7-Day Publishing Challenge or part of the Budget Publishing Masterclass are not eligible to claim this bonus. Only full-length books (2+ hr audiobooks and/or 25,000+ word print/ebooks) published through the AIA program that have received a total 50+ reviews will qualify. (If combining reviews from an audiobook and ebook/print book, it must be for the same title. This bonus can only be redeemed once. And the request to redeem this bonus must be submitted within 365 days from date of purchase.

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**Clients who have received the $500 USD Cash Bonus waive their right to claim the Plain & Simple Satisfaction Warranty and are no longer eligible to receive a refund. 

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AI Publishing Academy $500 Review Bonus

Certain clients [if you purchased AIA (Online Course) after January 10, 2023] are also eligible for the $500 Review Bonus.  The $500 Review Bonus benefits clients who take action.  In order to qualify for this exemption,  you need to:

2. Have received a minimum of 30 customer reviews on your full-length audiobook listing

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Once your submission has been approved, our team will get back to you regarding the status of your application. As indicated in the application area, books published under the 7-Day Publishing Challenge or part of the Budget Publishing Masterclass are not eligible to claim this bonus. Only full-length books (±3 hours) published through the AIA program that have received 30+ reviews will qualify. This bonus can only be redeemed once.

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**Clients who have received the $500 USD Review Bonus waive their right to claim the Plain & Simple Satisfaction Warranty and are no longer eligible to receive a refund. 

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Audiobook Income Academy $500 Cash Back Bonus

Certain clients are also eligible for the $500 Cash Back Bonus.  The $500 Cash Back Bonus benefits clients who take action. In order to qualify for this exemption, you need to:

1. Submit your bonus request within 365 days of your original AIA purchase.
2. Have your audiobook published and live on Audible with a minimum length of 3 hours; 
3. Have spent a minimum of $500 to produce your book; and
4. Your book must be 25,000 words or more. Submit your receipts through the application area once your book meets all requirements. 
5. Have received a minimum of 25 customer reviews on your audiobook listing

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Once your submission has been approved, our team will get back to you regarding the status of your application. As indicated in the application area, books published under the 7-Day Publishing Challenge or part of the Budget Publishing Masterclass are not eligible to claim this bonus. Only full-length books (±3 hours) published through the AIA program that have received 25+ reviews will qualify. This bonus can only be redeemed once.

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**Clients who have received the $500 USD Cash Back Bonus waive their right to claim the Plain & Simple Satisfaction Warranty and are no longer eligible to receive a refund.

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$1,000 Cash Back Bonus

Certain clients are also eligible for the $1,000 Cash Back Bonus.  The $1,000 Cash Back Bonus benefits clients who take action.  In order to qualify for this exemption,  you need to:

1. AIA purchase date between November 21-30, 2022 or between Janurary 1-8, 2023.
2. Submit your bonus request within 365 days of your original AIA purchase.
3. Have your audiobook published and live on Audible with a minimum length of 3 hours; 
4. Have spent a minimum of $1,000 to produce your book; and
5. Your book must be 25,000 words or more. Submit your receipts through the application area once your book meets all requirements. 
6. Have received a minimum of 25 customer reviews on your audiobook listing

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1. AIA purchase date between August 23-25, 2024.
2. Have 50 reviews on at least one published book.
3. Submit your bonus request within 365 days of your original AIA purchase.

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Once your submission has been approved, our team will get back to you regarding the status of your application. As indicated in the application area, books published under the 7-Day Publishing Challenge or part of the Budget Publishing Masterclass are not eligible to claim this bonus. Only full-length books (±3 hours) published through the AIA program that have received 50+ reviews will qualify. This bonus can only be redeemed once. 

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**Clients who have received the $1,000 USD Cash Back Bonus waive their right to claim the Plain & Simple Satisfaction Warranty and are no longer eligible to receive a refund. 

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Resolution of Charges

While the company desires to make every client happy, it understands not everyone will find satisfaction in their experience.  For this purpose, you agree to contact us before you attempt to file any dispute or chargeback with your bank or credit card.  We will report disputes without a factual basis as fraud, and we reserve the right to send such claims to collections or in some cases we may bring suit.  You may reach customer support about concerns at any time by emailing them at support@publishing.com.  

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Fair Usage Policy

By using any services, materials, content, training, or products provided by Publishing.com, you agree to our Fair Usage Policy which states that if at any time it is determined that you are taking unfair advantage of our offerings, being abusive to staff or fellow students, or engaging in any activity deemed illegal or unethical, you may be removed from our programs without any compensation or refund.

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SECTION 7 – Subscription Terms and Automatic Payments 

A Publishing.com user is responsible for paying all sums due to Publishing.com in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or if you have not canceled the automatic subscription with us. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively “Fees”).  

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Failure by the Publishing.com user to use any of the services available through the service provided by Publishing.com does not relieve the Publishing.com user of their payment obligations under these Terms. Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due.  

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You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment  terms for the specific service purchased (unless the subscription is canceled in accordance with these Terms)  and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a  monthly basis and for a specific amount).  

IF YOU WISH TO CANCEL YOUR PUBLISHING.COM SUBSCRIPTION (INCLUDING SUBSCRIPTIONS FOR SERVICES) AT ANY TIME AFTER A DISCOUNTED PERIOD ENDS, YOU MUST SUBMIT A CANCELLATION REQUEST TO US VIA OUR SUPPORT EMAIL ADDRESS SUPPORT@PUBLISHING.COM OR THROUGH YOUR ACCOUNT DASHBOARD, AS DETAILED HERE. FOR MONTHLY SUBSCRIPTIONS (INCLUDING SUBSCRIPTIONS FOR SERVICES), WE REQUIRE AT LEAST TEN (10) DAYS’ NOTICE OF CANCELLATION BY EMAIL. IF YOU PROVIDE SUCH NOTICE LESS THAN TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH. 

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Publishing.com reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Publishing.com starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 18 below. In addition to any Fees, Publishing.com may also charge applicable value added or other tax.  

SECTION 8 – Shipping Fees 

Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us.  The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.  

SECTION 9 – Products, Services, and Prices

Products, services, and prices are generally posted at the following URL, but are subject to change:  www.publishing.com. Publishing.com reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.  

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Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing, or placing an order over the Website, you authorize Publishing.com to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Publishing.com services, and unless you terminate your subscription as provided herein, you agree that Publishing.com may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.  

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Publishing.com takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.  

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When ordering products or services, please note that Publishing.com does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided otherwise. Publishing.com descriptions of, or references to, products or services not owned by Publishing.com are not intended to imply endorsement of that product or service or constitute a warranty by Publishing.com.

SECTION 10 – Disclaimer – Your Individual Results Will Vary 

Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS. 

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Publishing.com does not promise, guarantee, or warrant your business’ success, income, or sales. You understand and acknowledge that Publishing.com will not at any time provide sales leads or referrals to you or your business. Those businesses who purchase our products or services will receive access to our course and training. However, we do not guarantee your business’ success and based upon many market factors that we cannot control, the software and tools we provide may or may not be applicable to your specific business. 

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Further, we do not make earnings claims, efforts claims return on investment claims, or claims that our software, tools, or other offerings will make your business any specific amount of money, and it is possible that you will not earn your investment back. We do not sell a business opportunity, “get rich quick” program, guaranteed system, franchise system, or a business in a box. You should not purchase our products or services if that is your expectation. 

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Instead, you should purchase with the understanding that using the information and training purchased will take time and effort and may be applicable in some situations but not others. Also, we do not offer any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or financial advisor for advice on these topics. 

SECTION 11 – Your Responsibilities in Running Your Business 

You represent and warrant that you operate a business in good-standing and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use Publishing.com’s products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. 

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You are solely and exclusively responsible for complying with all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. 

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You agree to notify Publishing.com if any investigation or lawsuit is threatened or filed against you, whereupon Publishing.com shall have the right to terminate this Agreement without liability. Publishing.com shall have no liability for your violation of any laws. 

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You are solely and exclusively responsible for collecting and reporting all sales and use tax, and any other taxes, which may apply to sales of products or services by your business. Publishing.com shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business. 

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You agree to indemnify Publishing.com as set out below in the event that you and/or your business violates any law and a claim is threatened or asserted against Publishing.com as a result. 

SECTION 12 – Testimonials, Reviews, and Pictures/Videos 

Publishing.com is pleased to hear from users and customers and welcomes your comments regarding our services and products. Publishing.com may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Publishing.com services or products, in printed and online media, as Publishing.com determines in its sole and exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting the testimonial, and do not necessarily reflect the experience that you may have using our services or products. As set forth above in Section 10, your results will vary depending upon a variety of factors unique to and beyond Publishing.com’s control. Note that testimonials, photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary, and, by providing them, you grant Publishing.com a royalty-free, worldwide, perpetual, nonexclusive and irrevocable license to use them.  

Additionally, Publishing.com reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Publishing.com shall be under no obligation to use any, or any part of, any testimonial or product review submitted.  

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You may post reviews, comments, photos, videos, and other content; send e-cards and other communications;  and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal,  obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including  publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain  software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of  "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Publishing.com reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.  

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If you do post content or submit material, and unless we indicate otherwise, you grant Publishing.com a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Publishing.com and sublicensees the right to use the name that you submit in connection with such content if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Publishing.com for all claims resulting from content you supply. Publishing.com has the right but not the obligation to monitor and edit or remove any activity or content. Publishing.com takes no responsibility and assumes no liability for any content posted by you or any third party.  

SECTION 13 – Compliance with the Laws, Including Commitment Against Harassment and Interference with Others (“Targeting”) 

As a Publishing.com user, you must comply with all laws,  both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and  marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing  laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade  Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal  Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar  laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or  import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.  

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If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend Publishing.com from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Publishing.com relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether provided by Publishing.com. You further understand and agree that Publishing.com has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. Publishing.com DOES NOT WARRANT THAT ANY Publishing.com MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.  

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COMMITMENT AGAINST TARGETING AND HARASSMENT AND INTERFERENCE WITH OTHERS.  You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store,  distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or  may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit,  promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious,  libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.  

SECTION 14 – Disclaimers of Other Warranties 

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:  

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THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A)  THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY,  UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER  HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES  WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE  ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE,  INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE  WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN  THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE  WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

SECTION 15 – Limitations of Liabilities 

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL  PUBLISHING.COM OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,  INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE  LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE,  OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED  TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A  THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR  PRODUCT, REGARDLESS OF WHETHER PUBLSHING.COM HAS HAD NOTICE OF THE POSSIBILITY  OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.  

SECTION 16 – Dispute Resolution by Mandatory Binding Arbitration and Class Action Waiver 

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. 

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.  

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If you have a complaint, dispute, or controversy, you agree to first contact us at support@publishing.com.  to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to  the use of the Website, any product, service, or software, these Terms, the Privacy Statement, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through  negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having  jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to his arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in United States Jurisdiction , unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Publishing.com.  

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Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.  

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The arbitrator shall follow the substantive law of the State of Texas without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  

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You and Publishing.com agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Publishing.com expressly waive any right to pursue any class or other representative action against each other.  

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Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not  constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims  except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120 day informal resolution procedures described above).  

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This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.  

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This provision survives termination of your account or relationship with Publishing.com, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.  

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YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION. 

SECTION 17– Publishing.com’s Additional Remedies 

In order to prevent or limit irreparable injury to Publishing.com, in the event of any breach or threatened breach by  you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Publishing.com or a third-party, Publishing.com shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Texas restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Publishing.com from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts governing Austin, Texas  for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.  

SECTION 18 – Indemnification 

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Publishing.com, its  directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers,  affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities,  damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of  any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related  to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit  or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation  of any law or the rights of a third-party.  

SECTION 19 – Notice and Takedown Procedures; Digital Millennium Copyright Act 

If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Publishing.com a notice requesting that Publishing.com remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Publishing.com a counter-notice. Notices and counter-notices should be sent to Publishing.com, Attention Legal Department, by e-mail to support@publishing.com.  These Terms fully incorporate by reference the DMCA Policy.  

SECTION 20 – THIRD-PARTY LINKS 

The Website may contain links to other websites. The views, information or opinions expressed on or during any Publishing.com or otherwise publicized on our online and mobile resources are solely those of the creating authors or contributors and not those of Publishing.com Consulting, Inc or either of its parent companies. Further, Publishing.com Consulting, Inc is not responsible for and does not verify the accuracy of any of the information contained in any Publishing.com or content. The primary purpose of these resources is to educate, inspire and inform. Some authors’ or contributors’ content may discuss strategies and methods for earning income in business, and you should feel free to reach out to those authors or contributors about their proof that such strategies and methods work. Publishing.com assumes no responsibility for the content or functionality of any non-Publishing.com website to which we provide a link. Please see our Privacy Statement for more details. 

SECTION 21 – Termination 

This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT  NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I  AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for  information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment,  and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Publishing.com or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 10, 18, 20 through 30 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Publishing.com. Upon termination, you remain responsible for any outstanding payments to Publishing.com.  

SECTION 22 – No Waiver 

No failure or delay on the part of Publishing.com in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Publishing.com.  

SECTION 23 – Governing Law and Venue 

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement or any matter concerning Publishing.com, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Texas without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator  or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 17 above,  the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Texas, and you hereby irrevocably consent to the exclusive personal  jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, nonrepresentative basis, and you forever waive any right to bring such claims on a class wide or representative basis.  

SECTION 24 – Force Majeure 

Publishing.com will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.  

SECTION 25 – Assignment 

Publishing.com may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Publishing.com (or its assigns’) express written consent. 

SECTION 26 – Electronic Signature 

All information communicated on the Website is considered an electronic communication. When you communicate with Publishing.com through or on the Website or via other forms of electronic media, such as email, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.  

SECTION 27 – Changes To The Agreement 

You can review the most current version of the Terms at any here. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Statement located at Privacy Statement by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes.  

SECTION 28 – Your Additional Representations and Warranties 

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of  majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the  business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Publishing.com has the right to rely upon all information provided to Publishing.com by you, and Publishing.com may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.  

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You further represent and warrant that there are no prior or pending government investigations or inquiries of,  or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Publishing.com of the same within 24 hours. Publishing.com, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Publishing.com without incurring any obligation or liability to you.  

SECTION 29 – Severability  

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.  

SECTION 30 – Entire Agreement 

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Publishing.com and  governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Publishing.com. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

SECTION 31 – Contacting Us 

We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to support@publishing.com. 

If you have any questions or inquiries concerning any of the Terms, you may contact Publishing.com by email at support@publishing.com.