You are legally bound by this agreement. So, read it carefully.
The terms and conditions of this Agreement govern your access to and use of our websites and services (collectively, the “Services”).
By accessing and using the Services, or continuing to use the Services, and other good and valuable consideration, you hereby acknowledge your acceptance and agree to comply with the terms and conditions of this Agreement, which was last revised as indicated at the end of this Agreement and may be updated from time to time.
You acknowledge that you are capable of entering into a binding agreement with us and will not use our Services if you cannot enter into a binding agreement.
If you are an employee acting within the scope of your employment, then you represent that you have the authority to enter into this Agreement on behalf of your employer, and if you cannot bind your employer to the terms and conditions of this Agreement, then your employer has agreed to be bound by this Agreement. If your employer has not agreed to be bound by this Agreement, then you shall not use our Services.
If you cannot enter into a binding contract or are barred from receiving our
Services under any laws of your jurisdiction, then you shall not access or use our Services. You may use our Services only if you comply with this Agreement and any and all applicable laws, rules and regulations.
We use third party applications for our shopping cart, payment and fulfillment. These commercial services are considered secure and use various security measures to protect your financial information. We do not have access or store any of your personal financial information, and You agree that we are not liable for any loss or harm of any kind related to a breach of these third party service’s security measures.
We may terminate your access or use for any or no reason, and we shall bar you from any further access or use of our Services if your use violates the terms and conditions of this Agreement or any applicable laws, rules or regulations.
Services, Modifications & Reminders
Our Services are constantly changing and we reserve the right to change or discontinue Services without prior notice to you.
Our Services are provided based on a fully-paid-up fee or a payment plan, and if you fail to pay or payment fails due to your failure to update your credit card information with our third party payment service (e.g. Stripe, paypal…), then we shall terminate our Services. It is your responsibility to make sure that your payment information is up to date and active.
Warranties, Limitations And Disclaimers
Except for gross negligence, reckless disregard for safety and fraud, and otherwise to the maximum extent permitted by applicable law, rules and regulations, we will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages including, without limitation, lost profits, lost data, lost goodwill or any other losses in the value of intellectual property, resulting from your access or use of our Services.
(Sorry for the legalese, but these terms are legally defined terms, which limit our liability.)
The terms “we, We, our, Our, us and Us” shall include, without limitation, Hand Words Publishing, LLC and all of members, shareholders, managers, directors, agents and affiliates of Hand Words Publishing, LLC.
The phrase “Services” shall include, without limitation, inability to access or use services, and any unauthorized access or use of services.
The limitations on liability in this paragraph shall apply to any and all disputes, regardless of the legal theory upon which such dispute is based, including, without limitation, warranty, contract or tort, including negligence, and whether or not we were informed of the possibility of damages and even if remedies available in this Agreement fail their essential purpose.
Some jurisdictions do not allow for exclusions of certain warranties or the limitation of liability for damages, so the limitations of this Agreement may not apply to you.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY IS TO REQUEST A REFUND OF AMOUNTS ACTUALLY PAID, AND ANY REFUND WILL BE AT OUR SOLE DISCRETION.
We provide no general or limited warranty, express or implied, for our Services. These Services are provided “AS IS” and when available.
Without limiting the foregoing, Hand Words Publishing, LLC DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE to the maximum extent permitted by applicable law.
WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INFORMATION OR ANY LOSS, DAMAGE OR HARM TO YOU FROM YOUR ACCESS AND USE OF OUR SERVICES, WHETHER POSTED TO OUR WEBSITES, EMAILED TO YOU OR OTHERWISE TRANSMITTED OR MADE AVAILABLE TO YOU VIA OUR SERVICES OR BROADCASTS. YOU WILL TAKE ALL NECESSARY PRECAUTIONS TO SCREEN FOR AND INTERCEPT ANY HARMFUL OR DAMAGING CODE RECEIVED AS A RESULT OF THE USE OF OUR SERVICES.
These limitations and all of the terms and conditions of this Agreement are material to this Agreement, and you acknowledge that the cost of services to you has taken into consideration all limitations on liability and restrictions on warranties.
You agree that you have the opportunity to consult with an attorney regarding the terms of this Agreement and agree to be bound by this Agreement.
No License Granted
You cannot use the content and information from our Services on your website or to provide services to others without our express written permission, obtained in advance.
Any other use of content and materials from our Services is strictly prohibited without our express written permission, obtained in advance, including, without limitation, any copying, modifying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, compiling, commercial use or use as a service bureau or electronic agglomerator.
You shall not remove any copyright notices or other identification markings from the form, without the prior written permission of Hand Words Publishing, LLC.
Scraping of information from our websites and Services is strictly prohibited.
Access by any automated system or “bot” is strictly prohibited.
We reserve all equitable and legal rights and remedies including, without limitation, the right to restrict or prevent your access to our Services at our sole discretion.
You shall not use our Services for any illegal purpose.
You shall not interfere with or diminish our right, title and interest in our Services or our copyrights or other intellectual property rights. Our content, methods and processes for owning, protecting and growing the value of intellectual property that are not generally known among entrepreneurs are our confidential information and trade secrets.
Except as expressly permitted by prior written agreement of the owner of any copyrighted work, you shall not copy, reproduce, modify, create derivative works, distribute, broadcast, sell, transfer, publicly display, publicly perform, transmit, or otherwise disseminate any content or materials available through our Services. All images and original expression on this Website are copyrighted works.
- You shall use our Services only in accordance with any and all applicable laws, rules and regulations.
- You shall not upload or transmit any computer viruses, macro viruses, Trojan horses, worms, or anything else that interferes with or disrupts normal operating procedures of a computer.
- You shall not upload or transmit any material which is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety.
- You shall not use our Services in a way that might cause our Services to be interrupted, damaged or rendered less efficient, or impair the effectiveness or functionality of our Services.
- You shall not use our Services in any manner which violates or infringes the rights or any person, firm or entity.
- You shall not tamper with or modify our Services.
- You shall not access non-public areas of our Services.
- You shall not give anyone permission to use your password or userid to access our Services.
- You shall not access our Services with anyone else’s userid or password.
- You shall not access our Services by intentionally hacking, breaching or circumventing in any way any of our Services requiring users to use a userid or password for access.
- You shall not probe, scan, or test any vulnerabilities of our Services or the systems that host our Services.
- You shall not access or search our Services by any automated means.
- You shall access or search our Services only using our currently available, published interfaces provided by our Services.
- You shall not forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information.
- You shall not disrupt access to our Services by any other user.
- You shall not interfere with or create an undue burden on our Services.
Legal Rights And Remedies
All right, title, and interest in and to the Services (excluding any information provided by users) are and shall remain the exclusive property of us. Nothing in this Agreement transfers any right, title or interest to you or anyone else.
Our Services and brands are protected under copyright laws, trademark laws, trade secret laws and other laws of the United States and the State of Florida.
All rights and remedies are reserved by us, and failure to enforce any of our rights or to seek any remedies in one or several instances or occasions shall not be deemed a waiver of any of our rights and remedies for another instance or occasion.
Nothing in this Agreement or in our course of dealings shall give you any right to use our copyrighted works, images, likenesses, name, brands, trademarks, logos, domain names, trade dress or other protectable brand identifying devices.
Nothing in this Agreement gives you a right to use any of our intellectual property without our express written permission, obtained in advance.
Terms or conditions held to be invalid or unenforceable shall be severed from this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect.
YOU HEREBY AGREE TO INDEMNIFY US AND TO HOLD HARMLESS Hand Words Publishing, LLC AND OUR AGENTS, MEMBERS, SHAREHOLDERS, DIRECTORS, EXECUTIVES AND ASSOCIATED COMPANIES AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, ARISING OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF OUR SERVICES, OR THE USE BY ANY OTHER PERSON, ACCESSING OUR SERVICES USING YOUR EQUIPMENT OR INTERNET ACCESS ACCOUNT, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS.
We do not knowingly collect any personal information from children, and children age 13 and under are not permitted to use our Services.
You hereby acknowledge that you are considered an adult person within your jurisdiction and are capable of being legally bound by this Agreement.
You agree that if you enter into bankruptcy or have a change in your financial situation that we can cancel any Services, without prepayment and assurances that such prepayment will not be revoked by a court, trustee or receiver, and we can notify foreign counsel of your bankruptcy or change in your financial situation.
Binding Arbitration, Choice of Law
IF ANY DISPUTE ARISES BETWEEN YOU AND US, THEN YOU AGREE THAT THE DISPUTE WILL BE SUBJECT SOLELY AND EXCLUSIVELY TO BINDING ARBITRATION BEFORE A SINGLE ARBITRATOR UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION USING EXPEDITED PROCEDURES AND THE PROCEDURES FOR THE RESOLUTION OF DISPUTES THROUGH DOCUMENT SUBMISSION. THE DECISION OF THE SINGLE ARBITRATOR SHALL BE FINAL AND BINDING UPON ALL PARTIES TO THE ARBITRATION. THE PARTIES SHALL SPLIT THE COSTS OF ARBITRATION EQUALLY. FAILURE TO PAY YOUR SHARE OF ARBITRATION OR TO ABIDE BY THE RULINGS OF THE ARBITRATOR WILL RESULT IN YOUR IMMEDIATE DEFAULT AND COULD RESULT IN A JUDGMENT AGAINST YOU FOR YOUR SHARE OF THE ARBITRATION AND OTHER COSTS, SUCH AS OUR ATTORNEYS FEES AND COSTS.
IF YOU ARE NOT A RESIDENT OF THE UNITED STATES OF AMERICA, THEN YOU AGREE TO BE BOUND BY THE FLORIDA INTERNATIONAL COMMERCIAL ARBITRATION ACT, TITLE XXXIX, FL. STAT. CHAPTER 684, AND YOU AGREE THAT ANY DISPUTE ARISING FROM THIS AGREEMENT OR IN ANY WAY RELATING TO THE SERVICES PROVIDED BY HAND WORKS PUBLISHING, LLC
SHALL BE ARBITRATED BY A SINGLE ARBITRATOR IN TAMPA, FLORIDA, UNITED STATES OF AMERICA, IN ACCORDANCE WITH THE FLORIDA INTERNATIONAL COMMERCIAL ARBITRATION ACT.
You agree that the single arbitrator shall be a U.S. citizen, and the language of the arbitration shall be English. if the parties are unable to agree on an arbitrator, the arbitrator shall be appointed, upon request of a party, by the court specified in Florida Statutes Section 684.0008.
We are not liable for any claims arising from failure to perform the Services due to unforeseen circumstances or events, such as denial of service attacks, Internet outages, power outages, war, revolutions, terror attacks, demonstrations, civil disobedience, natural disasters, riots, disease, criminal activity, disaster or government actions.
Entire, Final, Complete
This Agreement is the entire, final and complete agreement between You and Hand Words Publishing, LLC regarding the Services provided by Us and supersedes and replaces any and all prior agreements between you and Hand Words Publishing, LLC.
Any revisions to this Agreement by Us shall be announced on the websites associated with Our Services and shall take effect immediately. You agree that You have had the opportunity to review and consider the terms and conditions of this Agreement fully and had the opportunity to consult with legal counsel about the terms and conditions in this Agreement. If you are making a purchase, you will be required to consent to this Agreement, and failure to consent shall prevent you from making a purchase.
WHILE PROVIDING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT WE MAY USE SUBPROCESSORS TO PROCESS PERSONAL DATA. YOU HEREBY IRREVOCABLY AGREE THAT WE ARE NOT LIABLE FOR ACTS OR OMISSIONS OF ANY SPECIFIC SUBPROCESSORS AND YOUR SOLE REMEDY IS WITH THE SPECIFIC SUBPROCESSORS.
Choice of Law
You agree that this Agreement shall be interpreted and enforced according to the laws of the State of Florida, without recourse to Florida’s choice of law and conflict of laws provisions, as if executed and fully performed solely in the State of Florida. Your hereby waive any right to challenge choice of law.
Last updated on 10/06/2020
© 2020 Hand Words Publishing, LLC