Last Revised: February 15, 2021
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Questions regarding the use of any intellectual property provided on the Platforms should be directed to [email protected].
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Refunds: We offer a 30-day money back guarantee on all products purchased from the Platforms.
Support and Updates Entitlement: The right to withdraw any offer to support, provide updates, or other ongoing services which are bundled with a Software or Service purchase from customers who are abusive or unreasonable, at our discretion, is retained. Furthermore, you understand that entitlement to support or updates or other ongoing services, which are bundled with a Software or Service purchase, will terminate in the event of our ceasing to transact business.
Delivery: The Software is electronically delivered via download from our Platforms immediately after payment has completed. Access to the downloadable file is also available during the time that you have any entitlement to updates with your purchase. The Service is hosted on our servers and accessible immediately after payment is completed. Access to the Service is available during the time that you have any entitlement with your purchase.
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Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL GUTENBERG HUB OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE PLATFORMS, OR THE DATA, CONTENT OR INFORMATION ACCESSED VIA THE PLATFORMS OR ANY HYPERLINKED WEBSITE, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE PLATFORMS, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF GUTENBERG HUB OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE PLATFORMS SUBJECT TO THESE TERMS OF SERVICE, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
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Termination and Restriction of Access. In its sole discretion, Gutenberg Hub may terminate or suspend your access to the Platforms for breach of these Terms. Gutenberg Hub shall not be liable for any losses or damages arising from any such termination of service.
Arbitration. At its sole discretion, Gutenberg Hub may require you to submit any disputes arising from use of the Platforms, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law. By using the Platforms, you hereby consent to submission of any dispute to be final and binding arbitration.
Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms or the Platforms must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Governing Law & Jurisdiction. These Terms are governed by the laws of the State of Delaware, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Dover, Delaware, U.S.A. in all disputes arising out of or relating to the use of the Platforms.
Changes to these Terms of Service. Gutenberg Hub may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by Gutenberg Hub. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Platforms after any such change is communicated shall constitute your consent to such change(s).
General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Gutenberg Hub as a result of these Terms or use of the Platforms. You may not assign these Terms without the prior written consent of Gutenberg Hub in all instances. Gutenberg Hub may assign these Terms, in whole or in part, at any time. Gutenberg Hub’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Gutenberg Hub’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Platforms or information provided to or gathered by Gutenberg Hub with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
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