The terms and conditions set forth in this document apply to all visitors ("Users" or "you") to the Vervante website (the "Site"), and constitute a binding, legal agreement ("Agreement") between you and Vervante. ("Vervante").
Please read the information below carefully. By using the Site, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement.
Vervante provides a publishing service to enable our authors to publish, and other people to purchase printed books, DVD and CD-ROM products, or other printed formats.
Our publishing policy is that the content must not contain material that includes copyrights, trademark rights, trade secret rights, unlawful, obscene, defamatory, pornographic, harassing, threatening, harmful, and invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable.
Book title, cover and content may not contain suggestive or gratuitous nudity, or sexually explicit posing, no graphic descriptions, no excessive or gratuitous profanity.
Vervante reserves the right to refuse publication services that Vervante, in its sole discretion, deems in violation of our publishing policy.
Everything on the Vervante site and products sold on the site are on an “as-is” “as-available” basis, without representation or warranty of any kind, including but not limited to the implied warranties of merchant ability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, Vervante does not vouch for the quality, accuracy, completeness, or currentness of any content or information sold or provided through the site.
In no event shall Vervante or any of its officers, employees, directors, affiliates or agents and content providers be liable to you or anyone else for any special consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the site, content on or sold through the site or any transaction entered hereunder, whether in contract, tort or otherwise, even if Vervante or any of its officers, employees, affiliates or agents have been advised of the possibility of such damages. Without limiting the foregoing, you agree that the Liability of Vervante, it’s officers, employees, affiliates and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered into through or in connection with the site shall not exceed the amount you paid to Vervante in connection with the transaction giving rise to such claim. Any action under this agreement must be commenced within three (3) months after such cause of action occurs.
The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of Vervante, its officers, employees, affiliates and agents which, but not for this provision, would give rise to the cause of action against Vervante in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under this Agreement are as expressly set out in this Agreement.
The Vervante Bookstore and Vervante Publishing logo and the names of all Vervante products and/or services as posted on the Site are either trademarks and/or service marks or registered trademarks and/or service marks of Vervante.
Vervante’s headquarters and principal operations is based in Springville, Utah. This Agreement is governed by the laws of the State of Utah, without regard to its "choice of law" or “conflict of laws” provisions that would apply the laws of another jurisdiction. The parties agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Springville, Utah. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.
Except for delay in payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. Vervante and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such an event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.
References to business “partners” in connection with Vervante’s operations refer to organizations with which Vervante has business relationships and do not imply formal legal partnerships.
This Agreement is effective until terminated. Vervante may terminate or suspend this Agreement immediately for any reason and without prior notice to you. You may effectively terminate this Agreement by ceasing to use the Site. All provisions of this Agreement relating to disclaimers, limitations of liability, and proprietary rights shall survive termination.
Vervante may change the terms in this Agreement from time to time. When the terms are changed, Vervante will make a posting on the Site regarding the change. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify Vervante and discontinue your use of the Site. If you use the Site after Vervante has posted a change to these terms on the Site, you are agreeing to be bound by that change.