TERMS OF USE
1. ACCEPTANCE OF TERMS
A. This Agreement, which incorporates by reference other provisions applicable to use of www.cayellepublishing.com, including but not limited to, supplemental terms of use set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in, www.cayellepublishing.com sets forth the terms of use that apply to use of www.cayellepublishing.com by User. By using www.cayellepublishing.com (other than to read this Agreement for the first time), User agrees to comply with all of the terms of use hereof. The right to use www.cayellepublishing.com is personal to you and is not transferable to any other person or entity. You are responsible for all use of your Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. You shall be responsible for protecting the confidentiality of your password(s), if any.
B. You shall have the right at any time to change or discontinue any aspect or feature of www.cayellepublishing.com, including, but not limited to, content, hours of availability, and needed for access or use.
2. CHANGED TERMS
3. DESCRIPTION OF SERVICES AND SUBSCRIBER CONDITIONS
Through its Web property, www.cayellepublishing.com is a publishing company that sells, prints, and publishes fiction and non-fiction books on recurring terms.
A. Bank authorization from Cayelle Corporation will occur upon submission of subscription order and will be billed at full recurring price monthly, quarterly, bi-annually or annually thereafter unless user cancels subscription.
B. No financial commitment contracts.
C. Cancel anytime from user dashboard.
D. Custom products, including downloaded eBooks, autographed or signed books, discounted or sale books, and advanced release books are non-refundable.
E. Shipping fees are non-refundable.
F. Customer is responsible for return shipping fees.
G. Recurring billing notices are emailed electronically 3-5 days prior to bank card authorization.
H. Annual, monthly, bi-annual, and quarterly plans will be automatically renewed on their respective anniversaries unless the Subscriber changes or cancels their plan before the renewal date.
The services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the Terms & Conditions.
4. USER’S CONDUCT
A. You shall use www.cayellepublishing.com for lawful purposes only. You shall not post or transmit through www.cayellepublishing.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without www.cayellepublishing.com express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in www.cayellepublishing.com discretion restricts or inhibits any other User from using or enjoying www.cayellepublishing.com will not be permitted.
5. USER ACCOUNT, PASSWORD, AND SECURITY
6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
A. You expressly agree that use of www.cayellepublishing.com is at user's sole risk. neither www.cayellepublishing.com, its affiliates nor any of their respective employee’s agents, third party content providers or licensors warrant that www.cayellepublishing.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of www.cayellepublishing.com or as to the accuracy, reliability or content of any information, service, or merchandise provided through www.cayellepublishing.com
B. www.cayellepublishing.com is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
C. this disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. User specifically acknowledges that www.cayellepublishing.com is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.
D. in addition to the terms set forth above neither www.cayellepublishing.com, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or inauthenticity of, the information contained within www.cayellepublishing.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
E. force majeure – neither party will be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including , without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this agreement.
