This agreement is between the applicant / the credit card holder (hereinafter “you”) and Affordable-Book-Editing.com, a division of Click Industries, Ltd. (collectively referred to as “Click”). You hereby agree to abide by, comply with and be legally bound by the policies, terms and conditions hereinafter set forth (these “Terms and Conditions”).
GENERAL TERMS
You have selected one of the book editing packages set forth on http://affordable-book-editing.com/book_editing_packages.asp and agree that the services set forth on that web page constitute all of the services you will be provided.
For the Publishing Ready Edit Book Edit only, you will have a phone conference with the editor after the initial edit of the book is completed. When you make any suggested changes to the text, the editor will re-edit those changes. Once that re-edit is completed, the editing process will be over and the services of Click shall be completed.
For all other editing packages, the services of Click are completed once the editor has completed one edit of your book. It is the author’s responsibility to make any or all suggested changes made by the editor.
There is no guarantee by Click that you will like or accept the edits made by our editors. Once the editing process is commenced there is not refund of any kind, unless the editor fails to edit the book in the times set forth on the website.
If you do not agree with any provision of these Terms and Conditions, do not order any products or services from Click or enter into this Agreement since by entering said Contract means that you agree to these Terms & Conditions and agree to be bound by them.
You represent and warrant that you are the owner of or have the exclusive right to use any and all content in the manuscript we are editing, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos and similar materials or information.
DISCLAIMER OF WARRANTIES
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE EDITING SERVICES ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CLICK HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. CLICK MAKES NO WARRANTY THAT ITS SERVICES WILL BE PROVIDED IN A TIMELY AND SECURE MANNER, OR WITHOUT ERRORS OR DEFECTS, OR THAT ITS SERVICES WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. CLICK DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF SERVICES PROVIDED BY CLICK WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CLICK OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED BY CLICK HEREIN. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, CLICK’S LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO CLICK UNDER THIS AGREEMENT.
INDEMNIFICATION
You agree to indemnify and hold Click, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees, incurred by Click in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to the actual or alleged infringement or violation of any intellectual property right asserted by a third party, or otherwise arising out of or related to (i) any materials or intellectual property provided by you in furtherance of the project contemplated by your Contract, or (ii) your use of any of the products or services provided by Click pursuant to your Contract.
COPYRIGHT AND TRADEMARK OWNERSHIP
All intellectual property (including copyrights and trademarks in your work and any characters contained therein) you provide for editing purposes is yours and Click MAKES NO CLAIM WHATSOEVER in the content of any manuscript it edits for you. Any changes and edits made by Click shall be considered YOUR INTELLECTUAL PROPERTY.
GOVERNING LAW
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws of the State of Minnesota. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in Hennepin County, Minnesota regarding any and all disputes relating to your Contract or these Terms and Conditions.
Further, you agree that the only damages you’re entitled to is the amount of money paid to Click for the services rendered and that you are not entitled to any other damages whatsoever.
Finally, the prevailing party in any action brought hereunder shall be entitled to recover all of its reasonable costs, disbursements, and attorneys fees including those incurred in the recovery of said costs, disbursements and attorneys fees.
GENERAL
These Terms and Conditions shall constitute the sole agreement and understanding between you and Click regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Click regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon Click unless otherwise agreed to by Click in writing. The failure of Click to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
