PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING, USING, OR PURCHASING FROM INDIEPUBS.COM.
THIS AGREEMENT IS BETWEEN YOU AND INGRAM PUBLISHER SERVICES LLC ("IPS", "US", or "WE").
UPON ENTERING INDIEPUBS.COM OR PURCHASING ANY PRODUCTS FROM INDIEPUBS.COM, YOU HEREBY AGREE TO ABIDE BY THESE TERMS OF SALE AND SERVICE ("Terms") AS THEY GOVERN YOUR ACCESS TO AND USE OF INDIEPUBS.COM AND PURCHASE OF ANY PRODUCTS, SERVICES, OR TOOLS, MADE AVAILABLE THROUGH INDIEPUBS.COM OR USED IN CONNECTION THEREWITH (COLLECTIVELY THE “SITE”).
IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THE SITE AND ARE INSTRUCTED TO EXIT THE SITE IMMEDIATELY.
FURTHER, YOU AGREE TO THE USE OF ELECTRONIC DOCUMENTS FOR ALL TRANSACTIONS AND COMMUNICATIONS RELATED TO THIS SITE.
Any references to "User", "You", "Your", or "Authorized User" refer to You, Your institution or business, and all related affiliates, agents, and employees who use this Site.
TERMS AND CONDITIONS
- PURCHASE TERMS. All products will be shipped to the shipping address You provide, within the service timeframe specified below after being accepted by Us. We cannot make any changes to your order or cancel your order after you have submitted it.
We accept payments by credit card (AMEX, Mastercard, Visa). All list prices are exclusive of sales tax which is applied to orders at checkout. You hereby give permission to IPS to charge your credit card the total order price, including without limiting, shipping and handling fees and taxes applicable to your order at the time the order is placed. You are responsible for all import fees, duties, taxes, and other charges for orders placed or shipped outside of the United States.
Standard shipping is calculated based on the shipping method You select at checkout unless otherwise specified on the Site. Available items typically ship within 3-5 business days. You will receive tracking information by email when your order has been shipped where available. For orders shipped to United States destinations, delivery time is estimated 2-3 business days for orders shipped to the East Coast and 4-5 days for all other locations except AK, HI and VI (up to 8 days). Please note: These delivery times are estimates provided by our delivery partners and are not guaranteed. We reserve the right to change shipping methods. To find out more about specific delivery times for your postal code or customer care support please contact our Customer Care Team at IndiePubsSupport@ingramcontent.com.
We are not responsible for any late delivery of the products or any consequential business loss or damage caused as a result. However, to report a problem with your shipment, such as a lost, undelivered, or damaged item, please email IndiePubsSupport@ingramcontent.com with an outline of your issue and your order number so that we may consider your claim.
Claims for returns are only accepted on print titles within 30 days of the delivery date of your purchase. All e-book purchases are nonreturnable. For defective or mis-shipped items with a purchase valued at $150 USD and above, You will cooperate with our requests for information to support your claims of damaged or defective products or packaging.
Returns must include a copy of the original invoice and should be sent to:
193 Edwards Drive
Jackson, TN 38301
Receiving a Refund: Once your returned product has been received or your returns claim approved, any refund amount will be processed to the credit card used in the original purchase. It often takes credit card issuers a few weeks to post the money to your account.
- USER OBLIGATIONS. You represent that You are at least 18 years of age and will, at all times, provide true, accurate and complete information when submitting any information to the Site, including when You provide information during registration or on other forms. In addition, You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site or not use this Site if any applicable laws forbid its use. In addition, You also acknowledge and agree that use of the internet and access to or transmissions or communications with the Site is solely at Your own risk. While IPS has endeavored to create a secure and reliable Site, you understand that the confidentiality of any communication or material transmitted to or from the Site over the Internet or other form of global communication network cannot be guaranteed. IPS is not responsible for the security of any information transmitted to or from the Site. You agree to assume all responsibility concerning activities related to Your use of the Site.
- USER NAME.Where You create an account with us, Your account information is accessible through the use of a USERID and PASSWORD assigned and/or controlled by You. You are solely responsible for protecting Your USERID and PASSWORD and hereby agree to accept all responsibility for any activity that occurs under Your account with your USERID and PASSWORD. In addition, should any of Your employees with access to this site leave Your business/institution, you will be responsible for changing any PASSWORDS if you believe such a step is warranted. IPS is not responsible for any liability arising from any unauthorized use of this service (including without limitation from Your business, institution or from Your failure to safeguard a PASSWORD from unauthorized use). Only one authorized user per one username and password, thus, one individual per account. By using Indiepubs.com, You agree to consider Your username and password as confidential information and to keep Your username and password confidential. You also agree not to use another authorized user's username and password. You will immediately notify IPS if You become aware of any loss or theft of Your password or any unauthorized use of Your username and password. IPS will not be liable for any loss or damage arising from Your failure to comply with these obligations. IPS reserves the right to delete or change a username or password at any time and for any reason with reasonable notice.
- LICENSE GRANT. The Site is provided by IPS, and these Terms provide You a revocable, limited, non-exclusive, non-transferable license to use the Site conditioned on Your continued compliance with the Terms and the Terms permit You to use and access the Site for your personal use only.
- This Site is for limited personal use only. You may not use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit any data provided by IPS through the Site in any manner unless expressly permitted by these Terms. In addition, You may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove, or alter any proprietary notices or labels. You may not: (i) reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of another Authorized User(s), or any other systems or networks connected to the Site or to any IPS server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, scrape, or test any vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse lookup, trace, or seek to trace any information on any other Authorized User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Site or IPS's systems or networks or any systems or networks connected to the Site, (vi) use any device or software to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) resell, or otherwise permit third parties to access and use the Site (or any part thereof) without IPS prior written permission, or (viii) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact IPS.
- TERM AND TERMINATION. The Terms and Your right to use the Site will take effect at the moment you access or use the Site and is effective until terminated as set forth below. IPS reserves the right, at any time if You violate any term or condition of the Terms, to terminate its relationship with You, to deny you access to the Site, or to any portion thereof, to protect its name and goodwill, its business, and/or other users. Termination will be effective without notice. You may also terminate your use of the Terms at any time by ceasing to use the Site, but all applicable provisions of the Terms will survive termination.
You agree IPS will share your personal information (name, email address, physical address) with the Publisher of the product that is the subject of your purchase. You agree to work with the product’s publisher directly in the event your consent is later withdrawn.
- LIABILITY DISCLAIMER. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. IPS AND/OR ITS SUPPLIERS OR AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. IPS, ITS AFFILIATES AND/OR ITS SUPPLIERS AND SUBCONTRACTORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL IPS, ITS AFFILIATES AND/OR ITS SUPPLIERS OR SUBCONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, PRODUCTS, AND/ OR SERVICES OBTAINED THROUGH THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF IPS, ITS AFFILIATES AND/OR ANY OF ITS SUPPLIERS OR SUBCONTRACTORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS HAVE LIMITATIONS ON THE APPLICABILITY OF DISCLAIMERS OR DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF IPS FOR ANY REASON WHATSOEVER RELATED TO USE OF THE SITE SHALL NOT EXCEED THE PURCHASE PRICE PAID BY YOU TO IPS FOR THE PRODUCT IN CONNECTION WITH YOUR USE OF THIS SITE.
- You agree to defend, indemnify, and hold harmless IPS and its affiliates, employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses) relating to or arising from any breach by You of these Terms. You acknowledge that any breach, threatened or actual, of these Terms may cause irreparable injury to IPS, such injury would not be quantifiable in monetary damages, and IPS would not have an adequate remedy at law. You therefore agree that IPS shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of Your obligations under any provision of these Terms.
- GOVERNING LAW. These Terms have been made in and will be construed and enforced solely in accordance with the laws of the United States of America and the State of Tennessee, U.S.A. as applied to agreements entered into and completely performed in the State of Tennessee. You and IPS each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in Middle Tennessee in the State of Tennessee for any disputes between us under or arising out of these Terms. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms and acknowledge that either party may seek attorney's fees in any proceeding. Any claim You might have against IPS must be brought within ONE (1) year after the cause of action arises, or such claim or cause of action is barred. You access the Site on your own volition and are responsible for compliance with all applicable local laws with respect to Your access and use of the Site.
- WAIVER, NO JOINT VENTURE, SEVERABILITY. Failure by IPS to insist on strict performance of any of the terms and conditions of these Terms will not operate as a waiver by IPS of that or any subsequent default or failure of performance. If any provision (or part thereof) contained in these Terms is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction or on account of a conflict with an applicable government regulation, such determination shall not affect the remaining provisions (or parts thereof) contained herein and the illegal, invalid, or unenforceable clause shall be modified in compliance with applicable law in a manner that most closely matches the intent of the original language. No joint venture, partnership, employment, or agency relationship exists between You and IPS as result of these Terms or Your utilization of the Site. Headings herein are for convenience only. The Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Site; provided, however, that in the event of a conflict between such other terms and these Terms, the terms contained herein shall control.
- PROPRIETARY RIGHTS. The Terms provide You with a limited license to access and use the Site. You expressly acknowledge and agree that IPS transfers no ownership or intellectual property interest or title in and to the Site to You or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, and arrangement of any content contained on or available through the Site, unless otherwise indicated, are owned, controlled, and licensed by IPS, other third parties, or its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, IPS does not grant any express or implied right to you or any other person under any intellectual or proprietary rights. Accordingly, your unauthorized use of the Site may violate intellectual property or other proprietary rights laws as well as other laws, regulations, and statutes. Please be aware that IPS does enforce its intellectual property rights to the fullest extent of the law. This Site is copyrighted, all rights reserved. Any downloadable or printable programs, directories, databases, information, or materials available through the Site and all copyrights, trade secrets, and know how related thereto, unless otherwise indicated, are owned by IPS or other third parties. This Site, IPS, the IPS and IndiePubs logos, and all other names, logos, and icons identifying IPS and its programs, products, and services are proprietary trademarks of IPS, and any use of such marks, including, without limitation, as domain names, without the express written permission of IPS is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.
- COPYRIGHT INFRINGEMENT NOTICE. If you believe Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have been otherwise violated, please follow our below Claims of Copyright Infringement Process and Requirements.
Claims of Copyright Infringement Process and Requirements
Submit your complaint using this Claim of Copyright Infringement.pdf form or with the below required information to email@example.com and we will respond based on your allegation.
In order to evaluate your allegation, the following information is required:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
firstname.lastname@example.org Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
For all other website questions, contact IndiePubsSupport@ingramcontent.com with questions about content or functionality with this Site.