THE RICH BOOK AUTHORS
TERMS OF USE

THE RICH BOOK AUTHORS TERMS OF USE

The following terms and conditions govern all use of the richbookauthors.com website and all content, services, and products available at or through the website (collectively referred to as the “Website”). The Website is owned and operated by Farrah Gray, LLC, a limited liability company organized and existing under the laws of the State of Montana (“Farrah Gray, LLC “or “us”). The Website is offered subject to your acceptance without modification of these Terms of Use and is subject to all other operating rules, policies (including, without limitation, Farrah Gray, LLC’s Privacy Policy) and procedures that are, or may hereafter be, established from time to time or published on this Website by Farrah Gray, LLC.


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Please read these Terms of Use carefully before accessing or using the Website.

By accessing or using any part of the Website, you agree to be bound by all the terms and conditions of these Terms of Use. If you do not agree to these terms and conditions, you may not use or access the Website or any Rich Book Author services. If these Terms of Use are considered an offer by Farrah Gray, LLC, then acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Permitted Use of the Website. Subject to these Terms of Use, you may use the Website for your personal, non-commercial use only. If you breach these Terms of Use, your right to use the Website will cease immediately.

Prohibited Use of the Website. You agree not to use the Website as follows:

In any way, you can republish or distribute any information or materials available through the Website.

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).

For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam,” or any other similar solicitation.

To impersonate or attempt to impersonate us or any other user of the Website (including, without limitation, by using telephone numbers, text message addresses, e-mail addresses, or screen names associated with any of the foregoing).

To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or any of the Website's pages or expose them to risk or liability.

In addition, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair it or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Services.

• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material or information.

• Use any manual process to monitor or copy any material or information from the Website or for any other unauthorized purpose without our prior express written consent from Farrah Gray, LLC.

• Use any device, software, or routine that interferes with the proper working of the Website.

• Introduce any viruses, Trojan horses, worms, logic bombs, or other malicious or technologically harmful material.

• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is hosted or stored.

• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

• Otherwise, attempt to interfere with the proper working of the Website.

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Interaction of the Website with your Computer or Device. Your use of the Website may permit the Website to use your location and other information you provide or may be available to us through your computer or digital device or its applications.

Availability of the Website. We reserve the right to limit, withdraw, or amend the Website, the information it provides, and any service or material provided on or promoted through the Website, in our sole discretion, without notice. We will not be liable for any reason if all or any part of the Website is unavailable at any time, or in any territory or location.

Changes to these Terms of Use. We may revise, update, and change these Terms of Use from time to time at our sole discretion, with or without notice. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions outlined in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website. Your continued use of the Website after posting any revised Terms of Use means that you accept and agree to the changes. You are expected to check this page occasionally to be aware of any changes, as they are binding on you.

Fees and Payment for Services or Books You Purchase. By signing up Rich Book Authors for any services, you agree to pay Rich Book Authors the applicable setup fees and fees for the services you contract for. You are subject to the Terms of Sale if you purchase other goods and services from the Website.

Copyright Infringement and DMCA Policy. As Rich Book Authors ask others to respect their intellectual property rights, they respect others' intellectual property rights. If you believe that material located on or linked to by richbookauthors.com violates your copyright, please notify Rich Book Authors by Farrah Gray, LLC’s Digital Millennium Copyright Act (“DMCA”) Policy by emailing us at legal@richbookauthors.com Rich Book Authors will respond to all such notices, including as required or appropriate, by removing the infringing material or turning off all links to the infringing material. Please send the written communication for notice of claims of copyright or other intellectual property infringement to the following Mailing Address: Farrah Gray LLC, Attn: Copyright Agent, 1001 S Main St, Suite 49, Kalispell, MT 59901.

Intellectual Property. This Agreement does not transfer from Rich Book Authors to you any Rich Book Authors or third-party intellectual property. All rights, titles, and interests in and to such property will remain (as between you and Farrah Gray, LLC) solely with Farrah Gray, LLC. Farrah Gray, LLC, richbookauthors.com, and richbookauthors.com logo, and all other trademarks, service marks, graphics, and logos used in connection with richbookauthors.com, or the Website are trademarks or registered trademarks of Rich Book Authors or Farrah Gray, LLC’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Website may be the trademarks of other third of other third parties. Your use of the Website grants you no right or license to copy, reproduce, or otherwise use any Rich Book Authors or third-party trademarks or intellectual property; you may only view the Website on your computer’s browser.

Advertisements. Rich Book Authors reserves the right to display advertisements on the Website.

Disclaimer of Warranties. The Website is provided “as is.” Rich Book Authors 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 Rich Book Authors nor its suppliers and licensors make any warranty that the Website 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, the Website at your discretion and risk.

Monitoring and Enforcement of Terms of Use; Termination of Right to Use. We have the right to: (i) Take appropriate legal action against you for any wrong doing or breach of these Terms of Use, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (ii) Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use; and (iii) take any other appropriate legal action against you for violation of these Terms of Use. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or any other information we have about you and your use of the Website. YOU WAIVE AND AGREE TO HOLD RICH BOOK AUTHORSAND OUR OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, CONTRACTORS, ATTORNEYS, CUSTOMERS, LICENSEES, AND SERVICE PROVIDERS HARMLESS FROM ANY CLAIMS AND DAMAGES RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF LAW ENFORCEMENT INVESTIGATIONS, AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF SUCH INVESTIGATIONS BY SUCH PERSONS, OR LAW ENFORCEMENT AUTHORITIES. WE HAVE NO LIABILITY OR RESPONSIBILITY TO YOU OR ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES OR INTENDED FUNCTIONALITY OF THE WEBSITE. The foregoing shall not apply to the extent prohibited by applicable law.

Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN SIX MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

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User Content. You are, and shall remain, solely responsible for the content of any creative materials, including creative suggestions, submissions, images ideas, notes, drawings, photographs, concepts, blog posts, articles, or other information or communications (collectively “User Content”) you transmit to us via the Services, the Internet, e-mail, or otherwise. User Content shall be and remain your property. You hereby grant to us and our affiliates, the royalty-free, perpetual, irrevocable, worldwide, transferrable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, assign, commercialize, sub-license, perform, and display User Content, publish your name in connection with your User Content, and to incorporate any User Content in other works in any form, media, or technology now known or later developed. You represent and warrant that you are the owner of or have the right to license User Content and that your User Content does not infringe, misappropriate, or violate any third party's intellectual property or other proprietary rights. We will not be required to treat any User Content as confidential, and we may use User Content in our business (including for services or advertising) or any other purpose without incurring any liability for royalties or any other consideration. Subject to existing laws, you waive any moral rights that you may have in any User Content.


Third-Party Sites. We may provide links and pointers to Internet sites maintained by others (“Third-Party Sites”) that are not affiliated with us, may be located in different countries, and are subject to various regulatory and other legal requirements. We have not reviewed all of the Third-Party Sites linked to the Services. We are not responsible for the content or services offered on such Third-Party Sites, including, but not limited to, any advertising, order processing and fulfillment, or payment terms related to such Third-Party Sites. Access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the content or services they offer. We have no responsibility or liability for these Third-Party Sites’ independent policies or actions and are not responsible for the privacy practices of such Third-Party Sites. Complaints, concerns, and questions regarding Third-Party Sites should be directed to the applicable third party.



Updates & Modifications To Services. We will not be liable if, for any reason, the Services are unavailable. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services with or without notice. We undertake no obligation to update, amend, or clarify information on the Services, except as required by law. No specified update or refresh date should be applied to the Services to indicate that all information on the Services has been modified or updated. When reviewing information via the Services, please remember that such information may not represent complete information on a subject.



Disclaimer Of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES (INCLUDING INFORMATION AVAILABLE ON OR THROUGH THE SERVICES) IS AT YOUR SOLE RISK. THE SERVICES (INCLUDING INFORMATION MADE AVAILABLE ON OR THROUGH THE SERVICES) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES (INCLUDING INFORMATION MADE AVAILABLE ON OR THROUGH THE SERVICES) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE ACCURATE OR RELIABLE, THAT THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, AND THAT ERRORS WILL BE CORRECTED.


Limitation Of Liability. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COMPANY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR SERVICE PROVIDERS (“COMPANY PARTIES”) BE LIABLE FOR ANY DAMAGES ARISING OR RESULTING FROM LOSS OF USE, DATA, OR PROFITS WHETHER DIRECT OR INDIRECT OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR SERVICES, INCLUDING ANY SUCH DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR ANY CONTENT PROVIDED OR MADE AVAILABLE TO YOU THROUGH THE SERVICES, IN EACH CASE WHETHER OR NOT YOU, COMPANY OR ANY OF THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES OR SUCH DAMAGES ARE REASONABLE FORESEEABLE. THE CUMULATIVE LIABILITY OF THE COMPANY PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE, ANY SERVICES, AND/OR THESE TERMS SHALL NOT EXCEED $100 (USD). THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST THE COMPANY PARTIES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY HEREIN WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW, PROVIDED THAT ALL OTHER PROVISIONS OF THESE TERMS WILL REMAIN IN FULL FORCE AND EFFECT.


Indemnification. You agree to indemnify, defend, and hold harmless us, our affiliates and each of our and their respective shareholders, members, managers, directors, officers, employees, personnel, agents, successors and assigns (collectively, the “Company Parties”) from and against any and all claims, allegations, demands, causes of action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys’ fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with: (i) your violation or breach of these Terms; (ii) your use of the Services; (iii) your violation of any rights of any third party; or (iv) any claim relating to your User Content. This indemnification obligation will continue after you stop using the Services. YOU HEREBY RELEASE EACH OF THE COMPANY PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, OR SUITS IN CONNECTION WITH YOUR USER CONTENT, INCLUDING ANY LIABILITY RELATING TO THE COMPANY PARTIES’ USE OF USER CONTENT, CLAIMS FOR DEFAMATION, INVASION OF PRIVACY, RIGHT OF PUBLICITY, EMOTIONAL DISTRESS, AND/OR ECONOMIC LOSS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM AND MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AT YOUR EXPENSE, AND YOU SHALL NOT IN ANY EVENT SETTLE OR OTHERWISE DISPOSE OF ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.


Force Majeure. We will not be liable or responsible to you, nor be deemed to have breached these Terms, for any failure or delay in our performance hereunder when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities, terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes, restraints or delays affecting carriers, inability to obtain or delay in receiving adequate or suitable supplies, breakdown of materials or telecommunications, or power outage.


Notices. We may send you responses or notices by e-mail, posting them to the Services, or by written communication sent by the U.S. Postal Service. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


Choice Of Law And Forum. It is at the mutual agreement of both you and Farrah Gray LLC about the Terms that the relationship between the parties shall be governed by the laws of the state of Montana without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and Farrah Gray LLC., shall be filed within the courts having jurisdiction within the County of Flathead County, Kalispell, Montana or the United States District Court for the District of Montana. You and Farrah Gray LLC agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to exercising jurisdiction over the parties by such courts and to venue in such courts.


Binding Arbitration. Any dispute relating in any way to your visit to the Services shall be submitted to confidential arbitration in Flathead County, Kalispell, Montana, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration under these Terms shall be conducted under the rules prevailing by the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. The arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties by the arbitrator in their discretion. However, in every other regard, each party shall pay for and bear its costs and legal fees, costs, and expenses. The arbitration shall be completed within 120 days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur). The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.


Class Action Waiver. To the fullest extent permitted by law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver. Any challenge to such waiver may only be raised in a court of competent jurisdiction.


Miscellaneous. The division of these Terms into sections and headings are for convenience of reference only and shall not affect the interpretation of these Terms. Any principle or rule of law that provides that an agreement shall be construed against the drafter in the event of any inconsistency or ambiguity in such agreement shall not apply to these Terms. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you and without your express consent. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation violating this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. There shall be no third-party beneficiaries to these Terms. Any provision of these Terms that contemplates performance or observance subsequent to any expiration or termination of these Terms, or which is otherwise necessary to interpret the respective rights and obligations of the parties hereunder, shall survive any expiration or termination of these Terms and continue in full force and effect. Suppose any provision of these Terms shall be held unlawful, void, or unenforceable. In that case, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with our Privacy Policy, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede all written or oral agreements previously existing between the parties with respect to such subject matter.


Contact Information. This website is operated by Farrah Gray LLC, 1001 S Main St, Suite 49, Kalispell, MT 59901, USA. We welcome your suggestions. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: info@richbookauthors.com

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