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Terms of Use

Last modified on 05/02/2023

1. Acceptance of the Terms of Use

These terms of use are entered into by and between You and Tributary Publishing, Inc. (“the Company”). The following terms and conditions (“the Terms of Use”), govern your access to and use of Company websites LiveCarta.com and LawCarta.com, and all related websites, software, mobile apps (collectively “the Website”). Additionally, the Terms of Use govern the access and use of any content, functionality, and other services offered on or through the Website that the Company provides (together, the “Service”), whether as a guest or a registered User.

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE YOU START TO USE THE WEBSITE. 

BY REGISTERING TO OR OTHERWISE USING THE WEBSITE OR BY CLICKING TO THEREBY ACCEPT OR AGREE TO THE TERMS OF USE WHEN SUCH OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY (LOCATED AT HTTPS://LIVECARTA.COM/TERMS-OF-USE/ AND HTTPS://LIVECARTA.COM/PRIVACY-POLICY/), INCORPORATED HEREIN BY REFERENCE. SHOULD YOU OBJECT TO ANY TERMS AND CONDITIONS HEREIN, OR TO ANY SUBSEQUENT MODIFICATIONS THERETO, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE USE OF THE WEBSITE.

This Website is offered and available to Users worldwide, regardless of their academic affiliation or lack thereof. However, access to some materials may be limited by your particular country of residence. By using this Website, you represent that you understand that if you do not meet the following eligibility requirements, your access to the materials on the Website may be limited and you use the Website at your own risk.

2. Eligibility

By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company. If you are using the Service on behalf of a company, organization, or other kind of entity, you represent to us that you have authority to bind the organization to these Terms on its behalf.

3. Effective Date; Changes to the Terms of Use

These Terms of Use are effective as of the Last Modified date at the top of this page.

We may revise and update these Terms of Use from time to time at our sole discretion, with or without any notice to you. All changes are effective immediately when posted, with or without notice to you. If any change to these Terms is found invalid, void, or for any reason unenforceable, that change is severable and does not affect the validity and enforceability of any remaining terms and conditions. Whenever you access the Website, you agree to be bound by the terms then in effect. If you do not agree to these terms, please do not access or use the Website.

4. Users’ Activities

The Company offers functional access to the Website to registered users (“User”). Users will be able to conduct a variety of activities, including the following:

  • If you authored some book and/or video and/or audio files and/or course (collectively “Assets”) available on the Website you may interact with other Users and make annotations to the Assets on the Website. You will be able to see which Professors or Coaches use your Assets and see how much money (“Royalties”) you have earned from sold Assets. When you wish to publish, please contact us for the Author Self-Publishing Agreement.
  • If you teach at school or teach any course in another type of educational institution or your own seminars and programs you may use Assets, adapt them for your own course’s purposes, annotate, share with your Students and modify if permitted by the Author of the Assets.
  • If you are enrolled in a course or university class or in another type of educational institution you may purchase Assets adapted by your Professors or Coaches and add annotations thereto.
5. Accessing the Website, Account and Registration

We reserve the right to withdraw, suspend the operation of, or amend the Website or any Service or Assets we provide on the Website, at our sole discretion without notice. By using the Service, you acknowledge and agree that we might make any part of the Website unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users, including registered Users, or a subset thereof.

We may even discontinue the Service at any time without notice to you.

5.1. Registration

To take advantage of many of the features and Assets we suggest you register and create an account.

For registering you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. And you agree that you will keep this information accurate and up-to-date in the future. You also agree that all information you provide to register with or otherwise use this Website, including but not limited to the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

As part of our security procedures we ask you to provide a User name and a password to protect the security of your account. You must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and you agree not to provide any other person with access to this Website or portions thereof using your User name, password, or other security information. You agree to notify us immediately of any unauthorized access to, or use of, your Username or password or any other security breach. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Any activity that happens under your account will be your responsibility. If ever you think that your account may no longer be secure, you need to notify us immediately at support@livecarta.com. You can also reset your password at: https://app.livecarta.com/User/registration/profile.

We reserve the right to disable any User name, password or other identifier, whether chosen by you or provided by us, at any time at our sole discretion (with or without notice) for any reason without liability to you, including without limitation if, in our opinion, you have violated any provision of these Terms of Use.

5.2. Access to Certain Content: Fees, Billing and Shipping

Users may be able to access and/or purchase certain premium content through the Website. If you choose to access such premium content, you hereby authorize the Company to collect fees, as specified at the point of purchase, by charging the credit card or PayPal account you provide to us as part of your account information.

All purchase requests must be submitted with an approved payment method unless otherwise stated. You are responsible for paying the entire amount of the purchase along with applicable taxes, shipping (if applicable), and processing fees unless otherwise stated.

Please note that NO WORK will proceed on any purchase until Tributary Publishing receives full payment.

Sales Tax is required to be collected and remitted in all jurisdictions that administer such tax.

All Printed Sales including “eBook + printed book” packages are final, and NO CANCELLATION OR REFUND will be awarded, due to the print-on-demand nature of the product.

All eBooks acquired for lifetime access are refundable within twenty-one (21) days as long as purchaser did not read more than 5% of the title, download a PDF, add chapters from this book to a collection, or create any derivative work based on this book.

All eBooks acquired for rentals longer than thirty (30) days are refundable within fourteen (14) days, as long as purchaser did not read more than 5% of the title.

Rentals for less than thirty (30) days are non-refundable.

All documents and binders are returnable within three (3) days of the purchase date. Collections of chapters are returnable within 7 days of the purchase date, as long as purchaser did not read more than 5% of it. All bundles are nonrefundable.

A refund can be issued only once per title; repeat refunds will not be granted.

In the event we offer so-called lifetime access to content, any such transaction will appear in your account as an eBook purchase (as opposed to a rental) and such access will continue until we no longer operate the Website.

6. Shipping and Processing:

Arrival dates are calculated by adding the printing turnaround time and the shipping transit time.

If you are purchasing the print copy, expect approximately up to 7 business days for printing and an additional 7 business days for shipping (business days do not include weekends or holidays), unless expedited shipping is purchased (if available).

Please note that Company only ships to the United States, no international shipping is available.

Company assumes no responsibility for delay or damage caused by shipping carriers, weather, or any damage resulting from the failure to receive the product on time and or any damages cost by mishandling of the carrier.

7. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal use only. For commercial use please contact https://livecarta.com/contact-us/ . Unless otherwise authorized by the Company, 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 Website, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download, if permitted by Author via the Website, one copy of a reasonable number of pages of materials from the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
  • If we provide social media features with certain content, such as an ability to make annotations, you may take any actions enabled by such features.
  • You may modify or adapt the materials on the Website if given authorization by the Company. Such authorization may be given to Professors or Authors at the Company’s discretion, and may be revoked at any time.

Company does not guarantee that any derivatives using material found on the website will be available on an on-going basis to User. For instance, in the event that underlying material used in the derivative is no longer available to Company, then Company does not guarantee that the derivative will remain available for use or access by User.

You must not:

  • Modify copies of any materials from this site, unless specifically authorized.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

Notwithstanding the foregoing, materials subject to Creative Commons and other “open source” licenses may allow you to download multiple copies, use an unlimited number of pages, reproduce, publish, distribute, and modify works, or portions thereof, for commercial or non-commercial purposes, depending on the specific nature of the license. Such licenses may also require you to make any modifications available at no charge and may place other restrictions on the use, sale, and distribution, of any modified work. We suggest you review copyright and licensing information contained within each work to determine whether the work is subject to such a license. Company retains the right to change pricing and terms of conditions of any modified works made available on the Website and subject to Creative Commons and other “open source” licenses so as to confirm with the terms of such licenses.

If you wish to make any use of material on the Website other than as set out in this section, please address your request to: support@livecarta.com

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Company occasionally receives requests for review copies of material on the Website. The requests will be reviewed by Company. Additional information may be requested, and the requests will be approved or denied at Company’s discretion.

8. Trademarks

The Company name Tributary Publishing, the terms LiveCarta and LawCarta, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company and are protected by Unites States intellectual property laws. Company and its licensors retain all property rights to that content. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

9. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors by exposing them to inappropriate content, asking for personally identifiable information, or in any way otherwise.
  • To send, knowingly receive, upload, download, use or re-use any material, which does not comply with the content guidelines set out in these Terms of Use.
  • To transmit, or procure the sending of, any advertising or promotional material including any “junk mail”, “chain letter,” spam” or any other similar solicitation.
  • Violate or encourage others to violate third party rights, including the infringement or misappropriation of intellectual property rights.
  • Upload, post, or publish any User content that is unlawful, defamatory, libelous, objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate.
  • To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity including, without limitation, by using e-mail addresses associated with any of the foregoing persons.
  • To engage in any other conduct that, as determined by us, restricts or inhibits other parties’ use or enjoyment of the Website, or may harm the Company or Users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs or any other material, which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
10. User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow Users to post, submit, publish, display or transmit to other Users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Use. Designation of User Contributions as public or private, based on differing policies applicable to each Class of Users and Users’ choice of account privacy settings, is subject to the terms set forth in our Privacy Policy, incorporated herein by reference. Please refer to the Privacy Policy for details.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us, our affiliates and service providers, and all of the aforementioned parties’ respective licensees, successors and assigns the right in perpetuity to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose not expressly precluded by these Terms of Use, the Privacy Policy or your account’s privacy settings.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license therein, under the terms set out above, to us and our licensees, successors, and assignees.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you, not the Company, are fully responsible for any User Contributions you submit or contribute, including full responsibility for such content’s legality, reliability, accuracy, and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Website.

11. Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate at our sole discretion, including but not limited to the following circumstances: if we believe that such User Contribution (1) violates the Terms of Use or the Content Standards set out therein, (2) infringes any intellectual property right or other right of any person or entity, (3) threatens the personal safety of Users of the Website or the public, or (4) could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

12. Content Standards

In addition to meeting our standards for quality, these content standards (“the Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material, which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that (1) could give rise to any civil or criminal liability under applicable laws or regulations or that (2) may otherwise be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any reasonable person.
  • Advocate, promote, or assist any unlawful act or activity.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other reasonable person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes or other sales, promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by the Company, the Website, or any other person or entity, if that is not the case.
13. Copyright Infringement

Company follows the notice and takedown procedures in the Digital Millennium Copyright Act (DMCA), 17 U.S.C. Section 512.

If you believe that any content on the Website violates your copyright, please immediately notify its operators by sending a message with the information described below through the “Contact Us” page, or write to Company’s DMCA Designated Agent at: support@livecarta.com

Please use the subject “Copyright” in your message. If the Website operators act in response to an infringement notice, they will make a good-faith attempt to contact the person who contributed the content using the most recent e-mail address that said person provided to Company.

Under the DMCA, you may be held liable for damages based on material misrepresentations in your infringement notice. You must also make a good-faith evaluation of whether the use of your content is a fair use, because fair uses are not infringing. See 17 U.S.C. Section 107 and Lenz v. Universal Music Corp., No. 13-16106 (9th Cir. Sep. 14, 2015). If you are not sure if the content you want to report infringes your copyright, you should first contact a lawyer.

The DMCA requires that all infringement notices must include all of the following:

  • A signature of the copyright owner or a person authorized to act on the copyright owner’s behalf;
  • An identification of the copyright claimed to have been infringed;
  • A description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to allow Company to find and positively identify that material;
  • Your name, address, telephone number, and e-mail address;
  • A statement that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent;
  • A statement, under penalty of perjury, that all of the information contained in your infringement notice is accurate;
  • A statement, under penalty of perjury, that you are either the copyright owner or a person authorized to act on their behalf.

Company will respond to all DMCA-compliant infringement notices, including, as required or appropriate, by removing the offending material or disabling all links to it.

All received infringement notices may be posted in full to the Lumen database at lumendatabase.org (previously known as the Chilling Effects Clearinghouse).

14. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

15. Changes to the Website

We may update the content of this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

All information we collect on this Website is subject to our Privacy Policy, located at https://livecarta.com/privacy-policy/. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

16. Links from the Website

If the Website contains links to other sites or resources provided by third parties, such links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of such sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to from this Website, you do so entirely at your own risk and you understand that you are subject to the terms and conditions of use of such websites.

17. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for download from the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation of Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, 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.

19. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, (1) your User Contributions, (2) any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or (3) your use of any information obtained from the Website.

The Company agrees to defend, indemnify, and hold harmless any Author, Professor/Educator/Coach, Student/Learner, or other User from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to the Company’s violation of these Terms of Use, the Privacy Policy, or other applicable laws or regulations, including, but not limited to any governing intellectual property law.

20. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto, whether sounding in contract, tort, or otherwise, shall be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law provision or rule, whether of the State of California or any other jurisdiction.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, County of San Diego. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21. Waiver and Severability

No waiver by the Company of any provision set forth in these Terms of Use shall be effective unless explicitly set forth in writing and signed by the Company. No waiver by the Company shall be construed as a waiver in respect to any matter not expressly identified by such written waiver, whether of a similar or different nature, and whether occurring before or after that waiver. No waiver of a term of condition shall be construed as a further or continuing waiver of such term or condition or a waiver of any other terms or conditions; nor shall any failure or a delay of the Company to assert a right or enforce a provision under these Terms of Use constitute a waiver of such a right or a provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

22. Entire Agreement

Unless the Company enters into another agreement with you, the Terms of Use and our Privacy Policy, incorporated herein by reference, constitute the sole and entire agreement between you and Company with respect to your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use of the Website. To the extent that anything on or associated with this Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.

Authors’ use of the Website is subject to the terms of this Agreement. However, provision of copyrighted material by Authors to the Website may be considered a separate subject matter and may be governed by additional terms as set forth in separate agreements.

23. Interpretation

For purposes of this Agreement, (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 this Agreement as a whole.

24. Your Comments and Concerns

This website is operated by Tributary Publishing, Inc.

For all feedback, comments, requests for technical support, and other communications relating to the Website see the “Contact Us” link at the bottom of the page.