Terms of Agreement

Welcome to Danielle Fetherson, LLC. Services are provided to you subject to the following conditions. If you visit the website, subscribe to any email lists, or purchase services or products from Danielle Fetherson, LLC, you accept these conditions. Please review them carefully. In addition, when you use any current or future Danielle Fetherson, LLC service or product, or visit or purchase from any business affiliated with Danielle Fetherson, LLC, whether or not it is included in the Danielle Fetherson, LLC web site, you also will be subject to the guidelines and conditions applicable to such service or business.

Danielle Fetherson, LLC will be referred to as Danielle from this point forward.

Electronic Communications
When you visit daniellefetherson.com or send e-mails, you are communicating with Danielle electronically. You consent to receive communications from Danielle electronically. Danielle will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that Danielle provide’s to you electronically satisfy any legal requirement that such communications be in writing.

License and Site Access
Danielle grants you a limited license to access and make personal use of this site, but not to download (other than page caching) or modify any portion of it except with the express written consent of Danielle. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Danielle. You may not frame or utilize framing techniques to endorse any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Danielle and its affiliates without express written consent. You may not reproduce any image or depiction of this site as it might be rendered by a web browser or otherwise without express written consent from Danielle. You may not use any meta tags or any other hidden text utilizing the Danielle name or trademarks without express written consent. Any unauthorized use terminates the permission or license granted by Danielle. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to daniellefetherson.com so long as the link does not portray Danielle, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Danielle logo or other proprietary graphic or trademark as part of the link without express written consent from Danielle.

Copyright
This site is owned and operated by Danielle and is protected by the copyright and trademark laws of the United States of America as well as international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site, including code and software. Unauthorized use of any portion of this site beyond that contained in the previous paragraph may violate copyright, trademark, and other laws.

Authors submitting material to Danielle for service retain copyright in such material, and Danielle requires no other credit or acknowledgment for work completed other than the fees described on the various services pages throughout the site. Danielle does not claim any rights to such material by virtue of supplying its services, and will not use or disclose such material for any reason other than providing samples of our services. You represent and warrant: that you own or otherwise control all of the rights to the material that you submit for service; that the material is accurate; that use of the material you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Danielle and/or its affiliates for all claims resulting from material you supply. Danielle has the right but not the obligation to monitor and refuse any activity or content. Danielle takes no responsibility and assumes no liability for any material submitted by you or any third party.

Danielle provides editorial advice on changes that you, your publisher, or other third parties may accept, reject, or further amend. Rewritting and ghostwriting services only authorize Danielle to make the recommended changes identified through the editorial services that the author approves Danielle to make. Content of any finished work is therefore entirely the responsibility of the author or other persons to whom the author delegates, licenses, or otherwise assigns control over his or her work. Our work on any manuscript does not imply any endorsement of its content or of the author. Danielle expressly prohibits the association of Danielle and any Danielle trademark, editor, affiliate, or personnel with any published work, including by way of acknowledgment. Comments provided to the author by Danielle and its personnel are provided for personal use only. Credit, rights, and acknowledgment for original works created by Danielle and its independent contractors will be negotiated on a case-by-case basis.

Disclaimer of Warranties and Limitations of Liability
Danielle and its contractors attempt to be as accurate as possible. However, Danielle does not warrant that product or service descriptions, other content of this site, or its services performed for its customers are accurate, complete, reliable, current, or error free. This site and the Danielle’s services are provided by Danielle on an “as is” and “as available” basis and at your sole risk. Danielle’s products are provided with a 30 day money back guarantee. To the fullest extent permissible pursuant to applicable law, Danielle disclaims all warranties and conditions, expressed or implied, in respect of its services and any information, content, or materials on this site, including any implied warranties or conditions of fitness for a particular purpose, merchantability, and non-infringement. Danielle, in its web site, including without limitation banners, graphics, and links pages, may provide links and pointers to Internet sites maintained by third parties. Danielle does not operate, or control in any respect, any information, products, or services on these third-party sites. In no event is Danielle, its independent contractors, affiliates, or any third parties mentioned on the site liable for any damages whatsoever (including, without limitation, direct, incidental, or consequential damages, lost profits, or damages resulting from lost data, breach of confidentiality, or business interruption) resulting from the performance of the Danielle’s services, the use or inability to use the daniellefetherson.com site or the material contained on the site, whether based on warranty, contract, tort, negligence, strict liability, operation of law, or any other legal theory, whether or not Danielle is advised of the possibility of such damages. In no event is Danielle liable for damages in excess of the amount paid by a customer for the service in question. Danielle has set its prices and created this site in reliance on the limitations of liability and disclaimers of warranties and damages set forth herein, and the same form a fundamental and essential basis of the bargain between the parties. They shall apply even if the contract between you and Danielle is found to have failed in its fundamental or essential purpose or has been fundamentally breached. You specifically acknowledge and agree that Danielle is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with any Danielle material, or with any of the Danielle terms and conditions, your sole and exclusive remedy is to discontinue using Danielle services. While we endeavor to ensure that any files originating at this site are free of known computer viruses, we make no warranty or guarantee that files are virus free, and we are not able to provide any assurances with respect to e-mail or attachments that may have originated with third parties. All recipients are cautioned to check all e-mail, attachments, and other computer files before accessing them, and any and all risk of virus contamination is assumed by the recipient.

Customers
Danielle is committed to providing excellent services at affordable prices that help authors reach their publishing goals. However, Danielle is not obligated to refund the purchase price of any service under any circumstance unless explicitly agreed to by Danielle. Danielle’s products are subject to a 30 day money back guarantee. If applicable, any refund will be granted within five business days from receipt of a request. Price, terms, and availability are subject to change without notice. All prices quoted are in U.S. dollars (USD) unless otherwise stated. Danielle and its affiliates reserve the right to limit quantities, to request payment prior to delivery of service, to refuse service, or to cancel orders at its sole discretion.

Purchase prices and invoices may be based on information that you provide to us, including the word count of the documents you are submitting for service. You represent and warrant that such information is accurate, and you agree to pay to Danielle any additional charges arising from any inaccuracy in such information within seven days of notification thereof. Danielle is not obligated to verify the accuracy of such information but will refund to you any overpayment arising from inaccuracy therein within five business days of the discovery thereof.

Danielle may, at its sole discretion, offer monthly invoicing arrangements to regular business and personal customers and agree to additional or modified terms for such arrangements. Unless otherwise agreed to in writing, payment is due when an invoice is rendered. NSF checks and payments more than 15 days past due may be subject to administrative charges of up to $50 (USD) and interest at a rate of 1.5% per month (19.56% APR).

Privacy
Please see our Privacy Policy, which is incorporated herein by reference.

Arbitration
If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation in the state of South Carolina, administered by the American Arbitration Association under Mediation Rules.

If settlement is not reached within sixty days after service of a written demand for mediation, any unresolved controversy or claim shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration will be Goose Creek, South Carolina. South Carolina law shall apply.

Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs and expenses. Each party shall be responsible for its share of the arbitration fees in accordance with the applicable Rules of Arbitration. In the event a party fails to proceed with arbitration, unsuccessfully challenges the arbitrator’s award, or fails to comply with the arbitrator’s award, the other party is entitled to costs of suit, including a reasonable attorney’s fee for having to compel arbitration or  defend or enforce the award.

Any such arbitration shall be conducted by an arbitrator experienced in the publishing industry and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.

Other
This site and this agreement are governed by the laws of the state of South Carolina, USA, excluding any conflicts of law provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Any legal action against Danielle shall take place in the courts of the state of South Carolina in accordance with the conditions listed under the Arbitration Clause.

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

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