hummingbird

PUBVENDO TERMS OF USE

Last revised February 2, 2021

These terms and conditions of use (“Terms of Use”) govern your use of our online interfaces and properties (e.g., websites) owned and controlled by Pubvendo, LLC (“Pubvendo,” “we,” “us,” and “our”), including the www.pubvendo.com website and its subdomains (collectively, the “Site”), as well as the digital strategy, market analysis, advertising content creation, author coaching, training, and other services (“Services”) available to users through the Site. The terms “you” and “your” means you, your dependents if any, and any other person accessing your Pubvendo Account.

Your acceptance of, and compliance with, these Terms of Use is a condition to your use of the Site and Services. By clicking “accept”, you acknowledge that you have read, understand, and accept all terms and conditions contained within these Terms of Use and our Privacy Policy. If you do not agree to be bound by these terms, you are not authorized to access or use this Site or Services; promptly exit this Site. 

Binding Arbitration. These Terms of Use provide that all disputes between you and Pubvendo that in any way relate to these Terms of Use or your use of the Site will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms of Use. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. Please review the Section below entitled Dispute Resolution; Arbitration Agreement for the details regarding your agreement to arbitrate any disputes with Pubvendo.

  1. Privacy Practices

You agree that information provided by you in connection with the Services and Site shall be governed by the Pubvendo Privacy Policy which is hereby incorporated and made a part of this Agreement.

  1. Availability of Services

We make no claims that the Services, the Site or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Platform may not be legal by certain persons or in certain countries. Accessing the Site or Services from jurisdictions where content is illegal, or where we do not offer services, is prohibited.

  1. Ordering and Purchasing of Services

Online Payments 

We accept credit and debit cards issued by U.S. banks and certain non-U.S. banks (your “payment method”). You and Pubvendo agree that the payment method you submit may be used automatically by Pubvendo or its payment processors for any of your responsibilities for payment. If a credit card account is being used for a transaction, Pubvendo may obtain preapproval for an amount up to the amount of the payment. You agree to allow Pubvendo to securely store your payment method. If you enroll to make recurring payments automatically, all charges and fees will be billed to the payment method you designate during the setup process. You have the right to revoke this authorization by contacting Pubvendo at info@pubvendo.com or call us at (571) 420-8006 at least fifteen (15) days prior to the scheduled payment date. You understand and acknowledge that Services may be cancelled or withheld if you revoke this authorization, and that you are still responsible for all charges incurred by you or are otherwise owed to Pubvendo. This authorization will remain in full force and effect until revoked by you or Pubvendo. If you want to designate a different payment method or if there is a change in your payment method, you must change your information online. This may temporarily delay your ability to make online payments while we verify your new payment information.

You represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct, and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including, without limitation, any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information. If Pubvendo is unable to secure funds from the payment method you provide for any reason, including insufficient funds in the payment method or insufficient or inaccurate information provided by you when submitting electronic payment, Pubvendo may undertake further collection action, including application of fees to the extent permitted by law. You acknowledge and agree that you will not dispute the charges from Pubvendo with the payment method company, provided the transactions correspond to the terms indicated in these Terms of Use.

Subscription Terms 

If you purchase a subscription to our Services, your subscription is continuous and will be automatically renewed at the end of the applicable subscription period, unless you cancel your subscription before the end of the then-current subscription period by emailing info@pubvendo.com. If you cancel your subscription, your account will automatically close at the end of your current billing period. Pubvendo may change the price for your Pubvendo subscription, from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Pubvendo Services after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect.

  1. Eligibility; Site Access, Security and Restrictions; Passwords

You agree to fully, accurately, and truthfully create your Pubvendo Account (“Account”), including but not limited to your name, mailing address, phone number, email address, and password, which become your Pubvendo ID and credentials. The Pubvendo ID or credentials are personal to you, and you are solely responsible for maintaining the confidentiality of your Pubvendo ID or credentials, and for all activities that occur under such Pubvendo ID or credentials. You agree to prohibit anyone else from using your Pubvendo ID or credentials and agree to immediately notify Pubvendo of any actual or suspected unauthorized use of your Pubvendo ID or credentials or other security concerns of which you become aware. Your access to the Site may be revoked by Pubvendo at any time with or without cause.

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use or in violation of applicable law.

You may not use any scraper, crawler, spider, robot, or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers, or other measures we may use to prevent or restrict access to the Site. Violations of system or network security may result in civil or criminal liability. Pubvendo may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.

  1. Electronic Communications 

When you use the Site or Services, or send e-mails, messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing. Pubvendo may contact you by telephone, mail, or email to verify your Account information. Pubvendo may request further information from you and you agree to provide such further information to ensure that you have not fraudulently created your Account. If you do not provide this information in the manner requested within 14 days of the request, we reserve the right to suspend, discontinue, or deny your access to and use of the Site and the Services until you provide the information to us as requested.

  1. Consent to Receive Calls and Text Messages and Video Recording

By providing your mobile number, you are agreeing to be contacted by or on behalf of Pubvendo at the mobile number you have provided, including calls and text messages, to receive Service related (e.g., progress tracking, reminders, etc.) messages and communications relating to the Site and Services. Message and data rates may apply. For help, reply to our text with the word HELP. To stop receiving text messages reply to our text with the word STOP. We may confirm your opt out by text message. If you subscribe to multiple types of text messages from us, we may unsubscribe you from the service that most recently sent you a message or respond to your STOP message by texting you a request to identify services you wish to stop. Please note, that by withdrawing your consent, some Site features and certain Services may no longer be available to you. Keep in mind that if you stop receiving text messages from us you may not receive important and helpful information and reminders about your Services.

Pubvendo may record (audio and video) all or part of your interaction with us (“Recordings”). Such Recordings are used for quality assurance purposes, to better deliver to you the Services, and to help Pubvendo improve the Site. Pubvendo will keep such Recordings confidential, and we will not publicly display such recordings unless legally required to do so, such as if subject to a court order. By accessing and using the Site, you agree and consent to such Recordings for the purposes and uses set forth in these Terms of Use and as otherwise set forth in the Privacy Policy.

  1. Ownership Of The Site And Related Materials; Additional Restrictions

All pages within this Site and any material made available for download are the property of Pubvendo, or its licensors or suppliers, as applicable. The Site is protected by United States and international copyright and trademark laws.

Subject to these Terms of Use and the payment of all applicable fees, Pubvendo grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the Site. All rights not expressly granted to you in these Terms of Use are reserved and retained by Pubvendo or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the Site and Services, nor any part of the Site and Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pubvendo. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pubvendo without express written consent. You may not use any meta tags or any other “hidden text” utilizing Pubvendo’s name or trademarks without the express written consent of Pubvendo. You may not misuse the Site or Services. You may use the Site and Services only as permitted by law. Except for Creatives (as defined below), the content of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Pubvendo. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Pubvendo without our express written consent.

Subject to these Terms of Use and the payment of all applicable fees, Pubvendo hereby grants you a non-exclusive, non-transferable (except as provided below) right to access and use the specific incidences of reports, documents, and data generated through the provision of the Service and made available by Pubvendo to Client under the terms of this Agreement to the extent that they include or pertain to User Information (as defined below), subject to all rights and licenses by third parties to third-party products, potentially including, but not limited to, analytics, creatives, or other such materials, provided that Pubvendo is and shall remain the owner of any templates, analytic methods, procedures, processes or technology and all associated intellectual property rights used to create such reports, documents, and data (“Creatives”) in accordance with the terms and conditions herein, solely for your business purposes.

  1. No Users Under 18 Years Old

In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If we learn that we have collected personal information from someone under the age of 18, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 18, please contact us at info@pubvendo.com or call us at (571) 420-8006.

  1. Accuracy of Information; Functionality

Although Pubvendo attempts to ensure the integrity and accurateness of the Site and Service descriptions, it makes no representations, warranties, or guarantees whatsoever as to the correctness or accuracy of the Site, Service descriptions and other content on the Site.

Pubvendo reserves complete and sole discretion with respect to the operation of the Site and the Services. We may withdraw, suspend, or discontinue any functionality or feature of the Site or the Services among other things. We are not responsible for transmission errors, corruption, or compromise of information carried over local or interchange telecommunications carrier. We are not responsible for maintaining information arising from use of the Site or with respect to the Services. We reserve the right to maintain, delete, or destroy all communications or information posted or uploaded to the Site or the Services in accordance with our internal record retention or destruction policies.

  1. Links to Other Sites 

Pubvendo makes no representations whatsoever about any other website that you may access through this Site. When you access a non-Pubvendo site, please understand that it is independent from Pubvendo, and that Pubvendo has no control over the content on that website. In addition, a link to a non-Pubvendo website does not mean that Pubvendo endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

  1. User Information

If you submit, upload, post, or transmit any personal information, content, requests, comments, ideas, suggestions, information, files, videos, images, or other materials to us or our Site, for example: images and illustrations for book covers and interiors, manuscripts, photos, and other digital assets (“User Information”), you agree not to provide any User Information that (a) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, obscene or pornographic having no serious literary, artistic, or political value, or harmful, or that could encourage criminal or unethical behavior, (b) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets, or intellectual property rights of any person or entity, or (c) contains or transmits a virus or any other harmful component. You represent and warrant to Pubvendo that you have the legal right and authorization to provide all User Information to Pubvendo for use as set forth herein and required by Pubvendo.

Pubvendo may de-identify your information such that it is no longer considered personally identifiable information. Pubvendo may disclose, aggregate, sell, or otherwise use such de-identified information to third parties for analytics, research, or other purposes.

You agree not to: (i) access the Site or use the Services in any unlawful way or for any unlawful purpose; (ii) post or transmit any data, materials, content, or information (including, without limitation, advice, and recommendations) (collectively “Information”) which is (A) libelous, defamatory, obscene, fraudulent, false, or contrary to the ownership or intellectual property rights of any other person, or (B) contains or promotes any virus, worm, Trojan horse, time bomb, malware, or other computer programing or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Site or the Services, personal information, software, equipment, servers, or Information or facilitate or promote hacking or similar conduct; (iii) impersonate or misrepresent your identity, except through the use of a legitimate pen name or pseudo name, or falsely state or misrepresent your affiliation with a person or entity; (iv) tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of the Site or the Services; (v) use robots or scripts with the Site; (vi) attempt to reverse engine, reverse assemble, reverse compile, decompile, disassemble, translate, or otherwise alter, defraud, or create false results from any executable code, information on, or received by this Site; (vii) to have any antivirus or antispyware software running that is set to override the internet browser’s cookies setting; (viii) incorrectly identify the sender of any message transmitted to Pubvendo; (ix) alter the attribution or origin of electronic mail, messages, or posting; (x) harvest or collect personal information about any other individual who uses the Site or the Services; and (xi) infringe or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any party, including but not limited to, such rights of third parties.

You agree to defend, indemnify, and hold harmless Pubvendo from and against all third party claims, damages, and expenses (including, but not limited to, reasonable attorneys’ fees) against or incurred by us arising out of any User Information you upload to or transmit through the Site or any breach of this Section 11.

  1. Intellectual Property

Pubvendo retains all right, title, and interest in and to the Site, the Services and any information, products, documentation, software, or other materials on the Site, and the templates, analytic methods, procedures, processes or technology and all associated intellectual property rights used in the Services or on the Site, and any patent, copyright, trade secret, trademark, service mark, or other intellectual property, or proprietary right in any of the foregoing, except for information on the Site licensed by Pubvendo (in that case, the license provider retains all right, title, and interest therein). The information available through the Site and the Services is the property of Pubvendo. Except for Creatives, you agree not to store, copy, modify, reproduce, retransmit, distribute, disseminate, rent, lease, loan, sell, publish, broadcast, display, or circulate such information to anyone. Use, reproduction, copying, or redistribution of Pubvendo trademarks, service marks, and logos are strictly prohibited without the prior written permission of Pubvendo. The immediately foregoing sentence also applies to any third party trademarks, service marks, and logos posted on the Site. Nothing contained on the Site should be construed as granting, by implication, estoppel, waiver, or otherwise, any license or right to use any trademarks, service marks, or logos displayed on the Site without the written grant thereof by Pubvendo or the third party owner of such trademarks, service marks, or logos. The Site may contain other proprietary notices and copyright information, the terms of which you agree to follow.

Pubvendo may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

  1. CAN-SPAM Act and Telephone Consumer Protection Act Compliance

Pubvendo is committed to being compliant with the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM ACT”) and the Telephone Consumer Protection Act (“TCPA”). You consent to receive text messages from us as set forth in Section 6, above (Consent to Receive Calls and Text Messages and Video Recordings). Emails, newsletters, and text messages received from us are intended to fully comply with the CAN-SPAM ACT and the TCPA. In the event you receive an email or text message from us which you do not believe is fully compliant with the CAN-SPAM ACT or the TCPA, please contact us immediately at the address listed below under the section “How to Contact Us.”

You shall not use or permit any of your employees, agents, or affiliates to market, promote, or solicit Pubvendo services in ways that would violate the CAN-SPAM ACT, the TCPA or any other laws. You shall not: (a) infringe on the rights of others; distribute chain letters or unsolicited bulk electronic mail (“spamming”); (b) propagate computer worms or viruses; (c) use a false identity; (d) attempt to gain unauthorized entry to any site or network; or (e) infringe copyrights, trademarks, or other intellectual property rights.

You further agree to comply with U.S. export laws concerning the transmission of technical data and regulated materials via the Internet. You agree to indemnify and hold Pubvendo and its affiliates harmless for any and all acts found or suspected to be in violation hereof. You shall indemnify and hold Pubvendo and its affiliates harmless against and from losses, damages, costs, and reasonable attorney fees incurred in defending or resolving any suits brought against Pubvendo or any of its affiliates by anyone arising out of any alleged violation of any anti-spamming rules, regulations, laws, statutes. Your Account will be terminated for any of the above infractions.

  1. Disclaimer of Warranties 

PUBVENDO DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, SERVICES AND CREATIVES, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. PUBVENDO DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR TIMELINESS OF CREATIVES OR INFORMATION OBTAINED THROUGH THE SITE.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SERVICES, CREATIVES, AND LINKED WEBSITES. PUBVENDO DOES NOT WARRANT THAT CREATIVES OR OTHER FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.

PUBVENDO DOES NOT ACCEPT ANY LIABILITY FOR THE CONSEQUENCES ARISING FROM THE APPLICATION, USE, OR MISUSE OF ANY SERVICES OR CREATIVES CONTAINED ON OR MADE AVAILABLE THROUGH THE SITE, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON OR PROPERTY AS A MATTER OF NEGLIGENCE, OR OTHERWISE.

  1. Limitation of Liability Regarding Use of Site 

IN NO EVENT WILL PUBVENDO, ITS AFFILIATES OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY CONTENT ON THE SITE OR ANY SERVICES OR CREATIVES OBTAINED THROUGH THE SITE, SERVICES, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT ANY ASPECT OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM AGGREGATE LIABILITY OF PUBVENDO, AND ITS AFFILIATES TO YOU WITH RESPECT TO THE SITE, SERVICES, OR CREATIVES OR YOUR USE OF THE SITE, SERVICES, OR CREATIVES IS $5.00 (FIVE DOLLARS). YOU HEREBY AGREE TO WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT LIMIT THE EFFICACY OF SUCH INDEMNIFICATIONS OR RELEASES.

  1. No Third Party Rights

Unless expressly stated in the Terms of Use to the contrary, nothing herein is intended to confer any rights or remedies on any persons other than you, Pubvendo, and its affiliates. Nothing in the Terms of Use is intended to relieve or discharge the obligation or liability of any third persons to you, Pubvendo and its affiliates, nor shall any provision give any third parties any right of subrogation or action over against you, Pubvendo and its affiliates.

  1. Assignment

You may not assign, transfer, or delegate the Terms of Use or any part thereof without Pubvendo’s prior written consent. Pubvendo may freely transfer, assign, or delegate all or any part of the Terms of Use, and any rights or duties hereunder or thereunder. The Terms of Use will be binding upon and inure to the benefit of the heirs, successors, and permitted assignees of the parties.

  1. Dispute Resolution; Arbitration Agreement

We will try to work in good faith to resolve any issue you have with the Site, including without limitation, Services ordered or purchased through the Site, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a customer’s satisfaction.

You and Pubvendo agree that any dispute, claim, or controversy arising out of or relating in any way to these Terms of Use or your use of the Site, including without limitation, Services ordered or purchased through the Site, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than bringing a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and is subject to very limited review by courts. Arbitration allows for more limited discovery than in court, however, we agree to cooperate with each other to agree to reasonable discovery in light of the issues involved and amount of the claim. Arbitrators can award the same damages and relief that a court can award, but in so doing, the arbitrator shall apply substantive law regarding damages as if the matter had been brought in court, including without limitation, the law on punitive damages as applied by the United States Supreme Court. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Pubvendo are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms of Use and any other contractual relationship between you and Pubvendo.

If you desire to assert a claim against Pubvendo, and you therefore elect to seek arbitration, you must first send to Pubvendo, by certified mail, a written notice of your claim (“Notice”). The Notice to Pubvendo should be addressed to: Pubvendo, LLC, P.O. Box 22, State College, PA 16804 (“Notice Address”). If Pubvendo desires to assert a claim against you and therefore elects to seek arbitration, it will send, by certified mail, a written Notice to the most recent address we have on file or otherwise in our records for you. A Notice, whether sent by you or by Pubvendo, must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought (“Demand”). If Pubvendo and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Pubvendo may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by Pubvendo or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration from the American Arbitration Association at www.adr.org. If you are required to pay a filing fee, after Pubvendo receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for more than US $10,000.

The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms of Use, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by requesting them from us by writing to us at the Notice Address. The arbitrator is bound by the terms of these Terms of Use. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope and enforceability of these Terms of Use, including, but not limited to, this arbitration agreement. Unless Pubvendo and you agree otherwise, any arbitration hearings will take place in Fairfax County, VA. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including, but not limited to, the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Pubvendo’s last written settlement offer made before an arbitrator was selected (or if Pubvendo did not make a settlement offer before an arbitrator was selected), then Pubvendo will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. Each party shall pay for its own costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for payment or recovery attorneys’ fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

YOU AND PUBVENDO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Pubvendo agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

If the arbitration terms and conditions of this Section 18 are found to be unenforceable, then (i) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms of Use shall remain in full force and effect, and (ii) exclusive jurisdiction and venue for any claims will be in state or federal courts located in and for Fairfax County, VA.

  1. Force Majeure

We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, epidemic, pandemic, invasion, failures of any public networks, electrical shortages, earthquakes or floods, civil disorder, strikes, fire, or other disaster.

  1. Indemnification

You agree to defend, indemnify, and hold harmless Pubvendo and any affiliates from and against any and all rights, demands, losses, liabilities, damages, claims, causes of action, actions, and suits (no matter whether at law or equity), fees, costs, and attorney’s fees of any kind whatsoever arising directly or indirectly out of or in connection with: (i) your use or misuse of the Site, Services, Creatives or any information posted on the Site; (ii) your breach of the Terms of Use or Privacy Policy; (iii) the content or subject matter of any information you provide to Pubvendo, its representatives, author coaches, or customer service agents; or (iv) any negligent or wrongful act or omission by you in your use or misuse of the Site, Services, Creatives or any information on the Site, including without limitation, infringement of third party intellectual property rights, privacy rights, or negligent or wrongful conduct.

  1. Site Support; Functionality

All questions and requests relating to Site support must be directed to Pubvendo. To submit a support request, please email us at info@pubvendo.com or call us at (571) 420-8006. Pubvendo will use commercially reasonable efforts to respond to questions and provide support. Please note that we may change or remove functionality and other features of the Site at any time, without notice.

  1. Revisions; General 

Pubvendo reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. Pubvendo reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of the Site after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access the Site so that you may be aware of any changes to these Terms. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Pubvendo and you pertaining to the subject matter hereof. In its sole discretion, Pubvendo may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site. For purposes of these Terms of Use, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words “without limitation”; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms of Use as a whole.

Copyright/Trademark Information. Copyright ©2020 Pubvendo, LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

How to Contact Us:

Pubvendo, LLC
P.O. Box 22
State College, PA 16804
Telephone: (571) 420-8006
Email: info@pubvendo.com