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These Terms of Service (“Terms”) are a legally binding agreement between you and Pen Crown Publishing and its affiliates, as applicable (“Company”, “our”, “we”, or “us”). These Terms govern your access and use of the Company’s Services.
“Service” means each of the products and services offered by the Company, including
(a) our book spots;
(b) coaching;
(c) online courses;
(d) products we offer ourselves or through third parties and/or affiliates; and (e) any other features, innovations, knowledge, know-how, products, content, and/or services
that we may provide to you at any time whether via the Website or otherwise.
If you agree to these Terms on behalf of a legal entity, you represent that you have the authority to bind such entity to these Terms, in which case the term “you” will refer to such entity.
By accessing or using a Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. Without derogating from the provisions of the previous sentence, by clicking a box indicating your acceptance of these Terms, you agree that you have read and are bound by these Terms.
With respect to individuals, the Services are intended for use by individuals who are of the legal age required to form legally binding contracts under applicable law (but in no event are they intended for use by individuals under the age of 18). If you are an individual, by using a Service, you represent and warrant that you are of at least 18 years of age. If you are not at least 18 years of age, you must not access or use any Service. These Terms are void where prohibited by law and the right to access and use any Service is not granted in such jurisdictions.
In no circumstances is a Service available to any individual or entity who have had their User Account (as such terms is defined below) temporarily or permanently deactivated, or any individual or entity that seeks to use a Service in violation of these Terms.
If you do not agree to be bound by the provisions of these Terms or if you do not have the legal capacity or authority to accept them, you may not use or access any Service.
By agreeing to these Terms you consent to
(a) our access, collection, use, and disclosure of your information as set forth in our Privacy Policy (“Privacy Policy”), and
(b) where applicable, the processing by us of information pursuant to the provisions of the Privacy Policy and any addendum incorporated into these Terms by reference.
These Terms apply to all users of the Services, as follows (each of which shall be referred to as “user” or “you”):
• You are a “Visitor” when you merely browse our Website and/or submit your personal data via the Website’s online chat, feedback forms or any other forms;
• You are a “Customer” when you use any of the Services other than as a Visitor (including indirectly, under a Partner Agreement).
• You are a “Partner” if you either (a) signed up and participate in any of the Company’s Partner Programs through our Website, and/or (b) signed a separate referral, distribution, resale or similar agreement with the Company; in each case for the purpose of distributing or reselling Services.
• An “End User” is an individual or entity that accesses or uses a Customer Website, Website Property (as such terms are defined below) or any Services deliverable.
Pen Crown Publishing has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and accordingly cannot be responsible for that material’s content. By operating our Services, Pen Crown Publishing does not represent or imply it endorses the material there posted, or it believes such material to be accurate, useful, or non-harmful.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Pen Crown Publishing disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PenCrownPublishing.com links, and that link to PenCrownPublishing.com. Pen Crown Publishing does not have any control over those websites, and is not responsible for their content or their use. By linking to a website, Pen Crown Publishing does not represent or imply that it endorses such website.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Pen Crown Publishing disclaims any responsibility for any harm resulting from your use of websites and webpages.
As Pen Crown Publishing asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PenCrownPublishing.com violates your copyright, you are encouraged to notify Pen Crown Publishing in accordance with the Digital Millennium Copyright Act (“DMCA”) Policy.
Pen Crown Publishing will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Pen Crown Publishing will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Pen Crown Publishing or others.
This Agreement does not transfer from Pen Crown Publishing to you any Pen Crown Publishing or third-party intellectual property, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Pen Crown Publishing. Pen Crown Publishing, PenCrownPublishing.com, the Pen Crown Publishing logo, and all other trademarks, service marks, graphics and logos used in connection with PenCrownPublishing.com or our Services, are trademarks or registered trademarks of Pen Crown Publishing, LLC or Pen Crown Publishing licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any Scribe or third-party trademarks.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, newsletter, by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will subject you to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
Pen Crown Publishing may terminate your access to all or any part of our Website(s) or Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
OUR SERVICES ARE PROVIDED “AS IS.” PEN CROWN PUBLISHING AND ITS SUPPLIERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER PEN CROWN PUBLISHING NOR ITS SUPPLIERS AND LICENSORS, MAKES ANY WARRANTY THAT OUR SERVICES WILL BE ERROR FREE OR THAT ACCESS THERETO WILL BE CONTINUOUS OR UNINTERRUPTED. YOU UNDERSTAND THAT YOU DOWNLOAD FROM, OR OTHERWISE OBTAIN CONTENT OR SERVICES THROUGH, OUR SERVICES AT YOUR OWN DISCRETION AND RISK.
IN NO EVENT WILL PEN CROWN PUBLISHING, OR ITS SUPPLIERS OR LICENSORS, BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR: (I) ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; (II) THE COST OF PROCUREMENT FOR SUBSTITUTE PRODUCTS OR SERVICES; (III) FOR INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) FOR ANY AMOUNTS THAT EXCEED THE FEES PAID BY YOU TO PEN CROWN PUBLISHING UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CAUSE OF ACTION. PEN CROWN PUBLISHING SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE CONTROL. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
YOU REPRESENT AND WARRANT THAT (I) YOUR USE OF OUR SERVICES WILL BE IN STRICT ACCORDANCE WITH THE PEN CROWN PUBLISHING PRIVACY POLICY, WITH THIS AGREEMENT, AND WITH ALL APPLICABLE LAWS AND REGULATIONS (INCLUDING WITHOUT LIMITATION ANY LOCAL LAWS OR REGULATIONS IN YOUR COUNTRY, STATE, CITY, OR OTHER GOVERNMENTAL AREA, REGARDING ONLINE CONDUCT AND ACCEPTABLE CONTENT, AND INCLUDING ALL APPLICABLE LAWS REGARDING THE TRANSMISSION OF TECHNICAL DATA EXPORTED FROM THE UNITED STATES OR THE COUNTRY IN WHICH YOU RESIDE) AND (II) YOUR USE OF OUR SERVICES WILL NOT INFRINGE OR MISAPPROPRIATE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Pen Crown Publishing reserves the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless Pen Crown Publishing, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (U.S.). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between Pen Crown Publishing and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Pen Crown Publishing, or by the posting by Pen Crown Publishing of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the selected venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Orange County, California, U.S.A.. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Orange County, California in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Pen Crown Publishing may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Last updated April, 07 2024