Policies and Customer Agreement
AUTHOR PLANET CUSTOMER AGREEMENT
BY CLICKING THE REQUIRED “I AGREE” BUTTON ON THIS PAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT AND ITS TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE BOUND LEGALLY BY IT AND ITS TERMS AND CONDITIONS.
AUTHOR PLANET® WORK PRODUCT OWNERSHIP
You agree that the work products we provide you under the terms of this agreement shall be owned by JODY REIN INTERACTIVE, INC., doing business as AUTHOR PLANET®, known hereunder as AUTHOR PLANET®. Such work product includes “Specific Written Content,” defined as verbatim content explicitly provided to you for use in your Work, such as suggested rewrites, new structures and new text, and “General Advice,” defined as written instructions, interactive forms provided to guide you in your work. AUTHOR PLANET® hereby licenses to you you all rights throughout the universe to reprint all “Specific Written Content” as a part of your query, proposal, book or any promotional materials for said query, proposal or book (or yourself). AUTHOR PLANET® expressly retains all rights to any written instructions, advice comments and forms, and you do not have the right to publicly reprint such material for any purpose. For example, you do not have the right to post AUTHOR PLANET® written instructions on your blog. To further illustrate this point, in the following example letter–“Your writing is excellent, but lacks a consistent narrative thru-line. We suggest your main character, Susan, tell Bob: “Bob, I just don’t love you anymore!” on page 17”– you have the right to reprint the line “Bob, I just don’t love you anymore!” however and wherever you please. You do not have the right to reprint: “Your writing is excellent, but lacks a consistent narrative thru-line.”
Nothing contained in this Agreement shall be construed as prohibiting you from utilizing in any manner, knowledge and experience of a general nature acquired in the performances of Services by AUTHOR PLANET®.
AUTHOR PLANET® RIGHT TO REPRINT
You agree that AUTHOR PLANET®. may reprint portions of your written material in any manner, provided AUTHOR PLANET® protects your identity and neither discloses your identity, or reprints material that could be easily discovered as yours, and you agree you will not make any claim against AUTHOR PLANET®, or ask you for money or other consideration regarding the use of your work.
Confidential Information includes all information identified by a disclosing party as proprietary and confidential, which Confidential Information shall remain the sole property of the disclosing party unless the ownership of such Confidential Information is otherwise expressly set forth in the Agreement. Items will not be considered Confidential Information if: (a) available to public other than by a breach of an agreement by the recipient; (b) rightfully received from a third party not in breach of any obligation of any confidentiality; (c) independently developed by one party without access to the Confidential Information of the other; or (d) rightly known to the recipient at the time of disclosure as verified by its written records.
Each party agrees that it shall not use for any purpose or disclose to any third party any Confidential Information of the other party without the express written consent of the other party. Each party agrees to safeguard the Confidential Information of the other party against use or disclosure other than as authorized by or pursuant to this Agreement through measures, and exercising a degree of care, which are at least as protective as those AUTHOR PLANET®, as the case may be, exercises in safeguarding the confidentiality of its own proprietary information, but no less than a reasonable degree of care under the circumstances. Each party shall permit access to the Confidential Information of the other party only to those individuals (a) who have entered into a written nondisclosure agreement with the other party on terms equally as restrictive as those set forth herein, and (b) who require access in performance of their duties to the other party in connection with the other partys rights under this Agreement.
Each party acknowledges that the wrongful use or disclosure of Confidential Information of the other party may result in irreparable harm for which there will be no adequate remedy at law. In the event of a breach by the other party or any of its officers, employees or agents of its or their obligations under this Section 5, the non-breaching party may immediately terminate this Agreement without liability to the other party, and may bring an appropriate legal action to enjoin such breach, and shall be entitled to recover from the breaching party reasonable legal fees and cost in addition to other appropriate relief.
AUTHOR PLANET® warrants that the Services to be provided under this Agreement shall be performed in a professional manner conforming to generally accepted industry standards and practices. You agree that AUTHOR PLANET®’s sole and exclusive obligation with respect to the Services covered by this limited warranty shall be, at AUTHOR PLANET®’s sole discretion, to correct the nonconformity or to refund the Services Fees paid for the affected executive consulting services.
Our relationship is that of independent contractors. Personnel of both parties are neither agents nor employees of the other party for federal tax purposes or any other purpose whatsoever, and are not entitled to any employee benefits of the other party.
No delay, failure or default in performance of any obligation by either party, excepting all obligations to make payments hereunder, shall constitute a breach of this Agreement to the extent caused by force majeure.
Any assignment in violation of these terms is void.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be conclusively resolved through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorney fees, unless the arbitration award specifically provides otherwise.
All communications between the parties with respect to any of the provisions of this Agreement shall be in writing.
The validity of this Agreement and the rights, obligations and relations of the parties hereunder shall be construed and determined under and in accordance with the laws of the State of Colorado; provided, however, that if any provision of the Agreement is determined by a court of competent jurisdiction to be in violation of any applicable law or otherwise invalid or unenforceable, such provision shall to such extent as it shall be determined to be illegal, invalid or unenforceable under such law be deemed null and void, but this Agreement shall otherwise remain in full force. After arbitration, as specified in Section 7.4, any suit to enforce any provision of this Agreement, or any right, remedy or other matter arising from the arbitration, will be brought exclusively in the state or federal courts located in Colorado. You agree and consent to the venue in and to the in person jurisdiction of the aforementioned courts.
This Agreement, all attached schedules and all other agreements referred to herein or to be delivered by the parties pursuant hereto, represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and merges all prior discussions between them and supersedes and replaces any and every other agreement or understanding which may have existed between the parties to the extent that any such agreement or understanding relates to providing Services provided.
All material you provide AUTHOR PLANET® shall not be returned to you.
You understand that AUTHOR PLANET® is not an attorney, and JODY REIN INTERACTIVE, INC. is not a law firm, and the documents and advice AUTHOR PLANET® provides through this Agreement are not intended to, and do not constitute legal advice, legal recommendations, legal mediation or legal counseling under any circumstance, and no attorney-client relationship is formed. You understand as well that AUTHOR PLANET® makes no guarantee that its advice will result in a book contract or increased book sales. Your use of all information AUTHOR PLANET® provides is entirely at your own risk.
I HAVE READ AND UNDERSTOOD THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. PLEASE MANIFEST YOUR ASSENT TO THIS AGREEMENT BY CLICKING ON THE APPROPRIATE CHECKBOX.
What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
What choices are available to you regarding the use of your data.
The security procedures in place to protect the misuse of your information.
How you can correct any inaccuracies in the information.
Information Collection, Use, and Sharing
We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone.
We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization or our subcontractors or colleagues we enlist to support us in providing services and information with you, other than as necessary to fulfill your request, e.g. to ship an order.
Your Access to and Control Over Information
You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
• See what data we have about you, if any.
• Change/correct any data we have about you.
• Have us delete any data we have about you.
• Express any concern you have about our use of your data.
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.
We do not collect sensitive information (such as credit card data); we redirect your purchase to PayPal, whose policies and privacy protections are defined clearly on that site. You can verify PayPal’s security by looking for a closed lock icon at the bottom of your web browser, or looking for “https” at the beginning of the address of the web page.
We also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information warrant that they keep such information a secure environment.
Our website uses third-party provided software to provide services such as the collection of monies and the collection of email addresses and other personal information. We commit to you that we only work with large, reputable companies with strict security and privacy protections in place. However, we cannot be responsible for any breaches in security resulting from errors on those sites.
In some instances you may be asked to complete a registration or subscription form in order to download White Papers or for other purposes. This information we collect is used to contact you about the products/services on our site in which you have expressed interest.
We request information from you on the PayPal order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.
We use “cookies” on this site because the site is built on WordPress, and WordPress always collects cookies. We also have Google Analytics and other software forms which collect cookies. Not our choice, but that’s the way it is. A cookie is a piece of data stored on a site visitor’s hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.
We share aggregated demographic information with our partners and advertisers. This is not linked to any personal information that can identify any individual person.
This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Surveys & Contests
From time-to-time our sites may request information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.