Terms of Service of Publishing.ai
Last Updated: March 18, 2025
Welcome to Publishing.com. These Terms of Service (“Terms”) are entered into by and between you (“you,” or “your,”) and Publishing.com, LLC and its affiliated entities (collectively referred to as “Publishing.com,” “we,” “our,” or “us”). The following Terms of Service, together with our Privacy Policy and any documents and policies expressly incorporated by reference (collectively, the “Agreement”), govern your access to and use of Publishing.com, ai.publishing.com & Publishing.ai, and any related subdomains (collectively, the “Websites”), including any content, functionality, and services offered on or through the Publishing.com Websites (the “Services”).
Please carefully read these Terms of Services before you access or use any of our Services as they are a binding legal agreement. By accessing or using any part of our Websites or Services, purchasing any product or service offered by us, by clicking to accept or agree to the Terms when this option is made available to you, you unconditionally accept and agree to be bound by this Agreement. If you do not want to agree to these Terms or the Agreement, you must not access or use any part of our Websites or Services.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 23 THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION UNLESS YOU OPT OUT. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS OTHERWISE SPECIFIED BELOW.
You represent and warrant that you have the full right and authority to enter into this Agreement and to perform the acts and obligations required of it hereunder.
Publishing.com reserves the right to update and change, from time to time, this Agreement including any documents or policies incorporated by reference by posting updates or changes to our Websites. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms here. Such changes shall be effective immediately as soon as they are posted, or the date dated in the notice Publishing.com provides. By continuing to access or use the Websites or Services after such changes, you agree to be bound by the modified Agreement. Any new features or tools which are added to the Websites shall also be subject to this Agreement. If the modified Agreement is not acceptable to you, you must discontinue your access and use to our Services.
We reserve the right to limit the access, use, or sale of our Website 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.
By accessing or using any part of the Websites or Services, you represent and warrant that you are of legal age to form a binding contract with Publishing.com and meet all eligibility requirements herein. If you are not at least at the age of majority in your jurisdiction or eighteen (18) years of age, you must not access or use the Websites or Services.
These Terms permit you to use the Websites and Services for your personal use solely to assist you with creating and self-publishing your own works. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites unless otherwise stated herein.
All aspects of our Websites 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 Websites 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.
Subject to your continued strict compliance with this Agreement, Publishing.com provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferrable license to use the Websites and Services. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to our Services, Publishing.com provides to you a revocable, limited, non-exclusive, non-sublicensable, 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.
You agree not to use or attempt to use the Websites, Services, 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:
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 Policy, which is expressly incorporated into this Agreement. Publishing.com reserves the right to modify its Privacy Policy from time-to-time without notice to you.
You may be required to create an account with Publishing.com for certain Services. You represent and warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. Failure to do so may result in immediate termination or suspension of your Publishing.com account. You are responsible for maintaining the confidentiality of any username and 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 a Publishing.com user, including technical information, pricing, business strategy, and data. If you become aware of any unauthorized use of your Account, you must notify us immediately by writing to support@publishing.com.
You are solely responsible for any content or materials you upload, post, share, or provide through our Websites and Services or utilize in connection with our software, including but not limited to reviews, comments, photos, videos, communications, (“User Content”). You acknowledge that Publishing.com has no obligation to filter or moderate User Content.
If you do post User Content, 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 Agreement and does not constitute a Prohibited Use as stated herein. Publishing.com has the right but not the obligation to monitor and edit or remove any User Content. Publishing.com takes no responsibility and assumes no liability for any User Content posted by you or any third party.
You may use our Services to create content generated by our software based on your subscription plan, including topics, research, outlines, descriptions, and manuscripts (“Generated Content”). Specifically, you may (1) use Generated Content to complete a self-authored book or books in your name or on your behalf; (2) market, sell, and distribute a self-authored book or books assisted with our help of our software which generates content in your name or on your behalf; and (3) you may provide your User Content as part of the software. YOU ARE RESPONSIBLE FOR ENSURING THAT ANY GENERATED CONTENT DOES NOT INFRINGE ANY THIRD-PARTY RIGHTS.
You are prohibited from using Generated Content to do any of the following: (1) use our Services and software in a way that infringes, misappropriates, or violates anyone’s rights; (2) use the software to engage in inappropriate, offensive, or unauthorized conduct; (3) lease, sell, repurpose, or distribute Generated Content on behalf of, or for the benefit of, any person, third party, or entity other than yourself; (4) attempt to or assist anyone to reverse engineer, decompile, or discover the source code or underlying components or data of our Services, software; (5) represent that Generated Content was human-generated when it was not; (6) share or sell your account access; and (7) interfere with or disrupt the software, including circumventing any rate limits or usage restrictions or bypassing any protective measures or safety mitigations put on the software.
To ensure fair and efficient use of our Websites and Services, Publishing.com reserves the right to monitor user activity and may throttle, limit, or suspend access if it determines you have engaged, in our sole discretion, any of the following activities, including but not limited to: (1) automated or suspicious behavior, (2) detection of bot-like activity such as (a) limited to rapid or repeated content generation in a short period; (b) simultaneous generation of multiple pieces of content beyond typical user behavior; and (c) any other automated behavior that circumvents normal platform usage patterns, (3) excessive long-form content generation, i.e., repeated generation of lengthy content (e.g., manuscripts or book-length outputs) without user engagement, such as editing, reviewing, or modifying prior content. These conditions are not exhaustive and Publishing.com may update or expand these limitations as needed to prevent misuse and maintain the integrity of our Websites and Services.
If you make a purchase from us, 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.
All Services are subject to availability. We will notify you if any of our Services is not available, the expected availability date. If the availability of any Services is unreasonably 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 method will be fully refunded for that specific order.
All advertised prices and charges are in, and all payments shall be in, U.S. Dollars.
By submitting credit card information or other payment information to us, you represent and warrant that: (i) you are authorized 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 card or bank fees; and (v) that sufficient funds exist to pay us the amount(s) due.
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.
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.
Our Services may have additional terms and conditions specific to each service, including but not limited to 7-Day Trial, AI Publishing Academy, and Publishing Accelerator. These terms will be provided to you prior to purchase. For example, if you purchase Publishing Accelerator, you will be required to sign a user agreement, which will be provided to you separately. In the case of a conflict between those separate terms and these Terms, your signed user agreement will prevail.
Some of our Services may involve the use of credits which must be used exclusively for your own publishing projects. You may only redeem or use credits by the method and within the scope prescribed by Publishing.com. Account sharing, credit transfers, or reselling of credits is strictly prohibited.
To the fullest extent permitted under applicable law, any inclusion or balance of credits does not reflect any stored value. Credits have no cash value and cannot be used outside of our Websites, Services, and platforms and cannot be sold, transferred, assigned, or redeemed or exchanged for cash or any other value. We reserve the right to correct credit balance amounts if we believe that an error has occurred, and we disclaim all liability for any such errors. We shall not be required to compensate for, and shall not be responsible for, any loss, expiration, invalidity, disappearance, or any other unavailability of credits.
If we determine, in our sole direction, that you have violated this Agreement, we may terminate, revoke, suspend, or otherwise limit your use of and access to any credits without notice to you. If we suspend or terminate your account for any reason, you must discontinue any use of our Services, and the right to purchase or use credits shall also be suspended or terminated.
Publishing.com may offer a “Publishing Challenge” or similar program with your enrollment to our Service(s). The terms and conditions of the Publishing Challenge or similar program will either be disclosed to you at checkout or separately provided. Please contact our support team if you have any questions.
You may be eligible to submit a claim for a bonus or similar offer based on the criteria outlined at checkout or provided separately to you. Your submission for any bonus or similar offer must be reviewed and approved by us. If you are approved, our team will get back to you regarding the status of your application.
Certain of our products and services, including but not limited to the AI Publishing Academy, and 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 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 the 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.
Please contact support@publishing.com for any questions regarding the refund policy applicable to you.
By signing up or enrolling in a Publishing.com subscription or for a Publishing.com trial, you expressly agree that your subscription will automatically renew, and you will automatically be charged on a recurring basis, beginning either on the date of enrollment or on the date your trial ends, unless you cancel before the end of your trial or subscription term.
We may require you to enter into a separate agreement that contains terms and conditions related to your subscription program. If there is a conflict between those terms (e.g., your signed user agreement) and these Terms, the terms and conditions contained in your separate agreement will prevail.
You are responsible for paying all sums due to Publishing.com in connection with all automatic renewing subscriptions. Every subscription term, your payment method will be automatically charged the subscription fee plus applicable taxes, together with any other fees plus any accumulated charges for the past period. Payment under the subscription terms and conditions are required notwithstanding a failure by you to use or access any of the Services available through a subscription provided by Publishing.com. You acknowledge and agree that we may 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.
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 applicable terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., every six months and for a specific amount).
IF YOU WISH TO CANCEL YOUR PUBLISHING.COM SUBSCRIPTION, YOU MUST SUBMIT A CANCELLATION REQUEST TO US VIA YOUR ONLINE ACCOUNT OR OUR SUPPORT EMAIL ADDRESS SUPPORT@PUBLISHING.COM. YOU MUST CANCEL AT LEAST 24 HOURS (OR AS SPECIFIED IN YOUR AGREEMENT) BEFORE YOUR RENEWAL DATE TO AVOID FUTURE CHARGES.
You may also request to downgrade your subscription (if applicable) by contacting our support team. Support can be reached via in-app messaging or by emailing support@publishing.com. If you request a downgrade, the downgrade (and corresponding price change) will become effective on your next subscription term following your requested downgrade.
Publishing.com reserves the right to immediately terminate your account and 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 your obligation to pay outstanding charges or expenses. In the event Publishing.com starts collection processes of any kind, you will be liable for all collection costs, including legal fees and expenses.
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 that will be disclosed prior to purchase. 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.
Pricing for our Services are generally posted on our Websites. 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.
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.
You represent and warrant that you operate your business (if applicable) in good standing, including without limitation the sale and publication of books, and you represent and warrant that there are no prior or pending government investigations or prosecutions against you or your business. 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.
You agree to notify Publishing.com of any investigation or lawsuit that 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.
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.
Publishing.com is pleased to hear from users and customers and welcomes your comments regarding our services and products. The Websites may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons on or through the Websites, including the opportunity to provide testimonials and/or product reviews. You represent and warrant that any reviews or testimonials be truthful, honest, and reflect your own experience. Publishing.com may use any posted testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials or reviews may be used for any form of activity relating to our services, products, advertising, or promotional materials in printed and online media, as Publishing.com determines in its sole and exclusive discretion.
Testimonials, reviews, photographs, videos, 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/reviews prior to publication or use, and to review all testimonials/reviews prior to publication or use. Publishing.com shall be under no obligation to (1) use any, or any part of, any testimonial or product review submitted; (2) pay you compensation for use of any testimonial or product review; (3) respond to any testimonial or product review; or (4) notify you of the use of any testimonial or product review.
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. Some featured testimonials are from our most successful students, and their success should not be considered typical. Student earnings vary based on effort, experience, and other factors. Many students don't apply our strategies and thus see little to no financial return. We cannot guarantee success or any specific financial result.
To the extent permitted by applicable law, you agree to indemnify and hold Publishing.com and its officers, directors, agents, affiliates, licensors, successors, representatives, and employees harmless from and against any and all claims, actions, liabilities, losses, expenses, damages, and costs (collectively, “Losses”), (including without limitation all attorneys’ fees and costs of every kind, including expert fees and not limited to statutory costs), arising out of (1) your breach of any term, warranty, representation, or covenant in this Agreement, or (2) your violation of any applicable law, rule, regulation, or third party’s rights.
Your obligation to indemnify Publishing.com is conditioned upon Publishing.com providing prompt notification of any and all such claims unless the failure to notify does not materially and adversely affect the defense. Publishing.com will maintain control of the defense and/or settlement of any Losses, at your expense. Publishing.com will use commercially reasonable efforts to mitigate any damages for which you are required to indemnify Publishing.com. You agree you will not settle any third-party claim in a manner detrimental to Publishing.com without the written consent of Publishing.com, not to be unreasonably withheld or delayed.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, OUR SERVICES, AND ALL CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE IS” 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 OUR SERVICES AND ANY INFORMATION ON OUR WEBSITES. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) THE USE OF THE WEBSITE OR OUR SERVICES 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 WEBSITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE WEBSITES WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE WEBSITES AND OUR SERVICES ARE ENTIRELY AT YOUR OWN RISK, AND THAT YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR THE RESULTS OF SUCH USE AND ACCESS, SUCH THAT WE SHALL HAVE NO LIABILITY OR RESPONSIBILITY THEREFOR UNDER ANY LEGAL THEORY OR CAUSE OF ACTION NOW KNOWN OR HEREAFTER ESTABLISHED.
IN NO EVENT SHALL PUBLISHING.COM OR ANY OF ITS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, REPRESENTATIVES, 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 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. WE EXPRESSLY DISCLAIM RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY MATERIALS, PROGRAMS, APPLICATIONS, TOOLS, PRODUCTS, AND SERVICES SET FORTH, DESCRIBED ON, OR ACCESSED THROUGH THE WEBSITE OR OUR SERVICES, AND YOU AGREE THAT WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF ANY DEALINGS BETWEEN YOU AND A THIRD PARTY, WHETHER OR NOT FACILITATED BY OR MADE IN CONNECTION WITH THE WEBSITE OR OUR SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
If you have a complaint, dispute, or controversy, you agree to first contact us at legal@publishing.com to attempt to resolve the dispute or controversy informally. You and Publishing agree that we will resolve any disputes between us that cannot be resolved through such informal process or through negotiation within 120 days through binding and final arbitration instead of through court proceedings. You and Publishing.com hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, and/or other disputes arising between you and Publishing.com relating to these Terms, Privacy Policy, Agreement, any purchase you make from Publishing.com, any communications between you and Publishing.com (either directly or through a third party), and/or any aspect of our relationship with you (each a “Claim”), shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association, Consumer Arbitration Rules (“AAA Rules”).
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU 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.
The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be heard and determined by a single arbitrator in the English language in Austin, Texas, or telephonically, or at a mutually agreed upon location in the United States. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. 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, Privacy Policy, the Agreement, or this arbitration provision and any other documents, policies, or terms incorporated by reference herein. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable.
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. This arbitration agreement does not preclude you or Publishing.com from seeking action by federal, state, or local government agencies. You and Publishing.com also have the right to bring qualifying claims in small claims court. The arbitrator can provide the same rights and remedies that you can obtain in court, including injunctive relief. However, you and Publishing.com retain the right to apply to any court of competent jurisdiction for provisional relief, including preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
The arbitrator shall follow the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. In all other respects, the substantive law of the state of Delaware shall apply without regard to conflicts of laws principles.
Neither you nor Publishing.com may act as a class representative or private attorney general, nor participate as a member of a class of claimants with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your or Publishing.com individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. Failure or any delay in enforcing this arbitration provision in connection with any Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims.
If any claim or dispute is found by the arbitrator to be excluded from this arbitration agreement above, the parties agree that any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in the state of Texas.
This Section of the Terms will survive the termination of your relationship with Publishing.com.
30 DAY RIGHT TO OPT-OUT. YOU HAVE THE RIGHT TO OPT-OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH IN THIS SECTION OF THESE TERMS BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT-OUT BY EMAILING US AT LEGAL@PUBLISHING.COM. THE NOTICE MUST BE SENT WITHIN THIRTY (30) DAYS OF ACCEPTING THESE TERMS, OTHERWISE YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE SECTIONS. IF YOU OPT-OUT OF THESE ARBITRATION PROVISIONS, WE ALSO WILL NOT BE BOUND BY THEM.
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 legal@publishing.com. These Terms expressly incorporate by reference our DMCA Policy.
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. Further, Publishing.com is not responsible for and does not verify the accuracy of any of the information contained in any Publishing.com content. The primary purpose of these resources is to educate, inspire and inform. Publishing.com shall not be liable for the content or functionality of any third-party website to which we provide a link to any purchase or participation in an offer or promotion between you and a third party. Please see our Privacy Policy for more details.
If, in our sole discretion, you fail, or we suspect that you have failed, to comply with this Agreement or violated any law or regulation, whether in connection with your use of Publishing.com or otherwise, we may immediately terminate the Agreement or suspend your access to the Website and Services at any time without notice to you. Upon termination, you remain responsible for any outstanding payments to Publishing.com.
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.
Publishing.com will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature (i.e., “acts of God”) or other causes beyond our reasonable control, including but not limited to power outages and governmental restrictions.
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.
All information communicated on the Websites 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.
If any provision of this Agreement is found by the arbitrator or 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.
This Agreement and any documents and policies incorporated by reference constitutes the entire agreement and understanding between you and Publishing.com and governs your access to and use of the Websites and Services and your ordering, purchasing, and use and/or attempted use of any of our products and services, 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 Websites. Such new features and/or services shall also be subject to this Agreement, and any policies or operating rules posted by us on the Websites. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
If you have any questions or inquiries concerning any of the Terms, you may contact Publishing.com by email at support@publishing.com.
