Agreement
As the undersigned attendee, speaker, sponsor, volunteer, or participant in any other capacity (herein, “Attendee” or “you” or “your”), you have been offered the opportunity to spend time as a guest of Athenia Creative Services, LLC and its affiliates and subsidiaries (“Athenia Creative Services, LLC” “we” or “our”), at the Author Tech Summit (“Event”) and any of the products, services, solutions, software, websites, mobile pages and other goods and services offered, owned, or provided by Athenia Creative Services, LLC (collectively the “Services”), subject to the condition that you enter into this Agreement (“Agreement”) and any other supplemental terms (“Supplemental Terms”).
By registering and signing the Ts & Cs, you agree to be bound, without limitation or qualification, to this Agreement, any Supplemental Terms and may use Athenia Creative Services, LLC’s Services as long as you comply with this Agreement. This Agreement applies whether you access the Services in person, or via a personal computer, mobile device, or any other technology or device now known or hereafter developed (each a “Device”).
Eligibility
In order to use the Services and enter into this Agreement you must be 18 or older and not be barred from doing so under any applicable laws in your country of residence. Attendee participation in certain event activities, such as activities involving alcohol, may be limited in order to comply with applicable laws and regulations
Changes to the Agreement
Occasionally Athenia Creative Services, LLC may, in its sole discretion, make changes to the Services and this Agreement. Any material changes will be communicated to you as soon as reasonably possible. You may stop using the Services if you do not agree to the changes. Your acceptance of and/or continued use of the Services after the notification of changes to this Agreement or the Services will constitute your acceptance of changes.
Electronic Communication
When you use the Services, submit forms or send emails to Athenia Creative Services, LLC, you are communicating with Athenia Creative Services, LLC electronically. You consent to receive communications from Athenia Creative Services, LLC electronically. Athenia Creative Services, LLC will communicate with Attendees by email, or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
Data Privacy
Any Attendee information that may be collected in connection with the Event will be used by Athenia Creative Services, LLC and its affiliates and subsidiaries for legitimate business purposes in accordance with its Privacy Statement, which is incorporated in this Agreement. We may share information about you within Athenia Creative Services, LLC and transfer it to countries in the world where we do business in accordance with our Privacy Statement. This information may also be shared with vendors offering services, such as our event platform provider and event support agency, as well as check-in, badging, or mobile apps, related to Event. Athenia Creative Services, LLC may also access and/or disclose your information if we believe such action is necessary to (a) comply with the law or legal process served on Athenia Creative Services, LLC, (b) protect and defend the rights or property of Athenia Creative Services, LLC (including the enforcement of our agreements), or (c) act in urgent circumstances to protect the personal safety of other attendees, Athenia Creative Services, LLC employees or contingent staff, users of Athenia Creative Services, LLC services, or members of the public.
User Generated Content
Other than personally identifiable information, which is covered in Supplemental Terms, any reviews, comments, questions, ideas, suggestions, photos, images and other material you send or post to the Services (“User Generated Content”) will be considered non-confidential and non-proprietary. The Services are not designed to accept User Generated Content. While Athenia Creative Services, LLC does not expect that you will send or post any User Generated Content in connection with these Services, Athenia Creative Services, LLC will have no obligations with respect to User Generated Content. By posting, uploading, adding, communicating, storing, or otherwise transmitting User Generated Content on, to, or through the Services, you understand and agree that you are giving Athenia Creative Services, LLC a royalty free, irrevocable, perpetual, non-exclusive and fully sub-licensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, create derivative works from, incorporate and otherwise use the User Generated Content and images, sounds, text, and other things embodied therein for any and all purposes, including commercial, promotional, or marketing purposes throughout the world in any form, medium, or technology now known or later developed.
You agree that none of your User Generated Content will include material that:
No Obligation to Monitor.
Although you are solely responsible for the content provided by you, Athenia Creative Services, LLC may, but is not required to, monitor User Generated Content. If Athenia Creative Services, LLC becomes aware of User Generated Content that violates this Agreement that it believes to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, Athenia Creative Services, LLC may act to restrict access to or availability of the material and/or Services, without notice to you and in its sole discretion, or may take other action as described elsewhere in this Agreement.
Internet transmissions are never completely private or secure. You understand that any User Generated Content that you send through the Services may be read or intercepted by others. By sending User Generated Content on, to or through the Services, you release Athenia Creative Services, LLC of any duty or obligation it might otherwise have to review or act in response to the User Generated Content, and of any duty or obligation that it might otherwise have to you in connection with any action it chooses to take in response to your User Generated Content.
Mixed Media Release
As an Attendee of Event, you understand that at activities and promotions offered at the Event by Athenia Creative Services, LLC, you may be photographed and/or recorded, including User Generated Content. You hereby irrevocably consent and authorize Athenia Creative Services, LLC to use any image of your appearance, including without limitation any photo, video, or likeness, (collectively, “Images”) that Athenia Creative Services, LLC has taken while you attend the Event, or any User Generated Content for any and all purposes deemed appropriate by Athenia Creative Services, LLC, which may include, but are not limited to, use in a promotional video, film, or photograph, and exhibition, a public display, commercials, art and advertising, or for any other related purpose on Athenia Creative Services, LLC’s website, in literature, publications, and on the internet without any fee whatsoever. You further acknowledge that Athenia Creative Services, LLC is the owner of all rights in and to the video, film, or photograph, and any reproduction thereof or any User Generated Content, of all Attendee’s’ images.
Event Code of Behavior
Our Expectations
Athenia Creative Services, LLC values collaboration and community. We want our events to provide an opportunity for all Attendees to collaborate, learn, participate, and network in an environment that is productive and respectful. We expect Attendees to be courteous and act professionally at all Athenia Creative Services, LLC events and to interact and communicate in ways that are appropriate for a professional audience from diverse backgrounds. Behaviors inconsistent with these expectations include:
If an Attendee engages in behavior that doesn’t comply with these expectations, Athenia Creative Services, LLC may take any action that it deems appropriate, including warning the Attendee, excluding the Attendee from certain activities, prohibiting the Attendee from attending or participating in future Athenia Creative Services, LLC events, terminating Attendee’s access to the Services, including without a refund (if applicable), and referring the matter to the local authorities. Attendees asked to stop any harassing or other unacceptable behavior are expected to comply immediately. If the Attendee is a Athenia Creative Services, LLC employee, Athenia Creative Services, LLC also reserves the right to take full disciplinary action pursuant to our internal policies.
Reporting an Event Code of Behavior Issue
If you feel that an Attendee is not adhering to these expectations, please submit a report with your name, phone number and contact details and a description of the situation to legal@atheniacreative.com to report a violation of this Code of Behavior.
The reporting mechanisms under this Event Code of Behavior are not intended to address criminal activity or emergency situations. If you have been the victim of a crime or there is an emergency, please contact the appropriate municipal authorities, such as the police, fire, medical or other emergency responder.
By proceeding with your registration, you acknowledge that you have read, and agree that you shall conduct yourself consistent with this Event Code of Behavior.
Other Unacceptable Behavior
In addition to the conduct covered by the Event Code of Behavior, Attendees may not:
Use of Event Content
You will not reproduce or record any written materials, virtual meetings, video, any material on the Services, or other materials provided by Athenia Creative Services, LLC or any speaker during the Event, including but not limited to images, software, audio, text and video clips, in their entirety and distribute them in any form.
You will not use the name, trademark, logo, or other property of Athenia Creative Services, LLC or any Event speaker’s biographical information, including but not limited to, their name, likeness, or logo in connection with the Event.
You will not create audio or video recordings of the Event presentation, in whole or in part, given by Athenia Creative Services, LLC or any Event speaker (the “Presentation Recordings”), or simultaneously broadcast or live-stream the Presentation Recordings, or post the Presentation Recordings on any website.
Intellectual Property Rights
Copyright: All materials on the Services, including but not limited to images, software, audio, text and video clips (for purposes of this Section, the “Materials”), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Materials are owned or licensed by Athenia Creative Services, LLC or by its third-party licensors. You may not use the Materials, except as specified herein. Any unauthorized use of the Materials may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not change the Materials in any way or reproduce, publicly display, distribute or otherwise use the Materials for any public or commercial purpose. Any reproduction of the Materials on any other web site or networked computer environment for any purpose is prohibited.
Trademarks: Athenia Creative Services, LLC trademarks, logos, and service marks and those trademarks, logos, and service marks licensed to Athenia Creative Services, LLC (collectively, the “Trademarks”) displayed on the Services, including but not limited to Athenia Creative Services, LLC’s or any, or other third party’s logo, are registered and unregistered marks of Athenia Creative Services, LLC. All other trademarks, trade names, product names, service marks and all other non-Athenia Creative Services, LLC marks are the property of their respective owners. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services without the written permission of Athenia Creative Services, LLC or such third party that may own other trademarks displayed on the Services. The absence of a product or service name or logo anywhere in the text of the Services does not constitute a waiver of any trademark or other intellectual property rights concerning that name or logo.
NOTICE OF COPYRIGHT INFRINGEMENT
If you believe in good faith that copyrighted work has been reproduced on or linked from the Services without authorization in a way that constitutes copyright infringement, please provide Athenia Creative Services, LLC’s designated copyright agent with the following information:
By U.S. Mail:
Chelle Honiker, Managing Partner
Athenia Creative Services, LLC
8920 Apus Dr
Sparks, NV 89436, USA
This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on the Services. Upon receipt of such a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), Athenia Creative Services, LLC will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States, and will terminate the Services privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
Supplemental Terms, Software, Solutions or Access
Athenia Creative Services, LLC may provide services and solutions, or access to subsites of the Services under Supplemental Terms. Athenia Creative Services, LLC’s obligations with respect to any product, solution, or access that it makes available to you under any Supplemental Terms shall be governed solely by the Supplemental Terms, under which such product or service is provided and this Agreement shall not be deemed or construed to alter the terms of such Supplemental Terms.
Use of Software
Any software that is available on the Services (“Software”) is the copyrighted work of Athenia Creative Services, LLC and/or its licensors. Copying or reproducing the Software to any other server or location for further reproduction or redistribution is strictly prohibited, unless such reproduction or redistribution is permitted by a license agreement accompanying such Software. You may not create derivative works of the Software, or attempt to decompile or reverse-engineer the Software unless otherwise permitted by law. Use of the Software is subject to the license terms of any license agreement that may accompany or is provided with the Software. You may not download any Software until you have read and accepted the terms of the accompanying software license.
WITHOUT LIMITING THE FOREGOING, THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE SEPARATE LICENSE AGREEMENT ACCOMPANYING THE SOFTWARE. EXCEPT AS WARRANTED IN SUCH LICENSE AGREEMENT, Athenia Creative Services, LLC, ITS PARENT, SUBSIDIARY, AND AFFILIATE COMPANIES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
U.S. Government Restricted Rights: The Software available on the Services and accompanying documentation that is downloaded from this Server for or on behalf of the United States of America, its agencies and/or instrumentalities are provided with Restricted Rights. You agree to meet all requirements necessary to ensure that the Federal Government will honor such rights. Disclosure, use or reproduction of the Software and accompanying documentation are subject to restrictions set forth at Federal Acquisition Regulation 52.227-14, when applicable, or in the Department of Defense Federal Acquisition Regulation Supplement 252.227-7013.
Export Controls: Software available on the Services is further subject to United States Export Controls. No software available on the Services may be downloaded or exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or using the Commerce Department’s Table of Deny Orders. By downloading any Software, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
Mobile Application
If Athenia Creative Services, LLC offers products and services through applications available on your wireless or other mobile Device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services are governed by the applicable additional terms governing such Mobile Application Service. Athenia Creative Services, LLC does not charge for these Mobile Application Services unless otherwise provided in the applicable additional terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or Devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless Device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services.
Links to Subsites, Other Websites and Products
Subsites: In connection with Event, you may have the opportunity to access certain portions of the Services, which are known as “subsites” and for which you may be required to agree to Supplemental Terms and user codes of conduct in order to access a specific subsites. If you attempt to access a subsite that requires you to enter into such a supplemental agreement, the controller of that subsite will advise you and provide you with an opportunity to review the Supplemental Terms and agree to it before accessing the subsite or using such subsite’s services. Both this Agreement and the Supplemental Terms will govern your use of the subsite. In the event of any inconsistency between this Agreement and the Supplemental Terms, the Supplemental Terms will control, except that nothing in the Supplemental Terms may limit (a) Athenia Creative Services, LLC’s disclaimer of warranties, (b) your agreement to indemnify Athenia Creative Services, LLC or (c) the licenses you grant to Athenia Creative Services, LLC or other intellectual property.
Third Party Links: Mention of third party products, companies and web sites on the Services is for informational purposes only and constitutes neither an endorsement nor a recommendation. Athenia Creative Services, LLC makes no representations regarding the quality, safety or suitability of any products by third party companies. Likewise, links to third party sites are provided for your convenience only, and Athenia Creative Services, LLC is not responsible for the content of any site linked to or from the Services. Links from the Services to any other site do not mean that Athenia Creative Services, LLC approves, or endorses or recommends that site. Athenia Creative Services, LLC disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. Viewing of all other sites is at your own risk.
Contests, Sweepstakes and Other Promotions
The Services may include contests, sweepstakes or other promotions (“Promotions”) that offer prizes or require you to send in material or information about yourself. Each Promotion has its own rules, to which you must agree before you may enter.
Disclaimer
Your use of the Services is solely at your own risk. The Services (including all content and functions made available on or accessed through the Services) are provided “as is.” To the fullest extent permissible by law, Athenia Creative Services, LLC makes no representations or warranties of any kind whatsoever (1) for the accuracy, merchantability, fitness for a particular purpose or non-infringement of any content published on or available through the Services, (2) that the server that makes the Services available is free of viruses or other components that may infect, harm or cause damage to your computer equipment or any other property when you access, browse, download from or otherwise use the site, (3) that Athenia Creative Services, LLC will continue to provide the Services or, if it does continue to provide the Services, that the Services will continue to provide the Services it currently provides or that the Services will function the way that it currently does; or (4) that any of your content or communications will be retained or stored on the Services for any particular amount of time.
Other users of the Services may submit content or communications in a way that is publicly accessible, and Athenia Creative Services, LLC cannot predict the content or communications that users post. Athenia Creative Services, LLC therefore does not warrant or represent that the content on the Services will be appropriate for any particular audience or that you will not be harmed by viewing the content on the Services. Because accessing the Services is inherently risky, you assume all risks associated with your decision to access it.
Under no circumstances, including but not limited to Athenia Creative Services, LLC’s negligence or gross negligence, will Athenia Creative Services, LLC or any other party involved in creating, hosting or delivering the Services, be liable for any direct, indirect, incidental, consequential, special, punitive or other damages whatsoever arising out of your access to, or use of, the Services, even if Athenia Creative Services, LLC has been advised of the possibility of such damages. Please note that some jurisdictions may not allow the exclusion of implied warranties or conditions, so some of the above exclusions may not apply to you. Check the local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Athenia Creative Services, LLC disclaims all warranties, express and implied, to the greatest extent permitted by law. Athenia Creative Services, LLC also assumes no responsibility, and will not be liable for, any damage to or viruses that may infect your computer equipment or other property, or for any loss or corruption of data on account of your access to, use of, or browsing in the services, or your downloading of any materials, data, text, images, video, or audio from the site. Notwithstanding the limitation of liability contained herein, in no event shall Athenia Creative Services, LLC’s total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing the Services.
Waiver and Release
On your behalf and on behalf of your heirs, executors, administrators, and assigns, you assume full responsibility for all risks of any and all losses of any nature, whether to property or person, related to your in-person or virtual attendance at the Event or use of the Services, and resulting from, arising out of, or in connection with the Event, including, but not limited to, transportation to, from and during the Event and participation in group or individual activities during the Event, engaging in the virtual Event platform, whether or not such activities are organized by Athenia Creative Services, LLC or occur on or off the site of the Event.
Losses under this Agreement include, but are not limited to, the following: property damage, illness, injury and death (collectively “Losses”). Potential causes of Losses under this Agreement include, but are not limited to: theft of personal data and other personal property, hacking, crime, fire, smoke, water, accident, crash, acts of God, public enemy, riot, terrorism, illness, signficiant health crisis, including a pandemic or epidemic, health or safety code violations, violation of applicable law, or any other casualty or calamity.
You EXPRESSLY WAIVE AND RELEASE Athenia Creative Services, LLC, and its agents, delegees and representatives and each of their current, former, and future officers, directors, employees, and agents, respectively, (together, “Released Parties”) from any and all claims, demands, liabilities, Losses, costs and expenses (including attorneys’ fees), rights or causes of actions, present or future, known or unknown, anticipated or unanticipated, of damage or injury of any kind or dåescription whatsoever, (collectively the “Claims”), resulting from, arising out of, or in connection with the Event.
Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless the Released Parties from any and all Claims against any one of them which arise out of or in connection with the Event and which arise result, directly or indirectly, from your actions or inaction, intentional or otherwise.
This Agreement is deemed to be made under and shall be construed under the laws of the State of Nevada, without regard to choice of law provisions. If any provision of this Agreement is determined to be invalid, such invalidity will not affect the validity of the remaining portions of this Agreement. This Agreement shall be binding upon the undersigned and upon its respective successors and assigns.
By signing up to be an Affiliate in the Author Tech Summit Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
Author Tech Summit reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to Author Tech Summit. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Author Tech Summit. You must ensure that each of the links between your site and the Author Tech Summit properly utilizes such special link formats. Links to the Author Tech Summit placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a Author Tech Summit product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://indieauthortraining.com and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of Indie Author Training or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://indieauthortraining.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Indie Author Training reserves the right to end the Program at any time. Upon program termination, Indie Author Training will pay any outstanding earnings accrued above $20.
Indie Author Training, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Indie Author Training service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Indie Author Training reserves the right to refuse service to anyone for any reason at any time.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Indie Author Training will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of The United States, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of Indie Author Training to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Indie Author Training and govern your use of the Service, superceding any prior agreements between you and Indie Author Training (including, but not limited to, any prior versions of the Terms of Service).