1. Acceptance of the Terms of Use.

    Indie Book Review, LLC (“Company”, “we” or “us”) maintains the websites indiebookreview.com (including any content, functionality and services offered on or through such websites, “Website”). The following terms and conditions (“Terms of Use”) govern your access to and use of the Website, whether as a guest or a registered user (as more fully described in Section 3 below).

    Please read the Terms of Use carefully before you start to use the Website. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

  2. Changes to the Terms of Use.

    We may revise and update these Terms of Use from time to time in our sole discretion. Changes are effective immediately when we post them, but are not retroactive. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You must check this page frequently so that you are aware of any changes, and immediately discontinue access or use of the Website if you do not want to agree to the revised Terms of Use. From time to time, you may be required to review and agree to the Terms of Use and any other Policies.

  3. Registered Users; Membership Plans.

    The Website offers you the ability to become a registered user and subscribe to one of the membership plans we offer, each of which are described at: www.indiebookreview.com/chose-your-subscription/ (the “Membership Plan Summary”). Each membership plan entitles applicable subscribers to the discounts and other benefits specified in the Membership Plan Summary for such membership plan (the “Plan Benefits”). By becoming a registered user, you will be automatically subscribed to the “Fourteen Day (14) Free Trial Period, (the “Trial Period”). If you do not subscribe and pay for a subscription plan after the Trial Period, you will no longer have access to the website. If you subscribe to one of the other membership plans, upon payment of your applicable monthly or annual subscription fee, you will be entitled to the Plan Benefits for such membership plan for the applicable subscription term. Thereafter, your subscription to your membership plan shall automatically renew for the subscription term initially chosen on each anniversary of your initial subscription, unless you provide Company with written notice of non-renewal at least [thirty (30)] days prior to your subscription anniversary date. You may cancel your applicable membership plan subscription at any time upon written notice to us, but any previously paid subscription fees will be non-refundable unless (i) you provide such notice of cancellation within the first fourteen (14) days of your applicable annual subscription and (ii) during such 14-day period you have not received any discounts or other benefits afforded by your subscription.If we fail to provide any of your Plan Benefits to you during your subscription term, please provide us written notice of such failure. Upon receipt of any such notice, we will use commercially reasonable efforts to remedy such failure. If, despite our efforts, we are unable to remedy such failure within thirty (30) days after our receipt of such written notice, you shall be entitled to cancel your membership plan subscription immediately upon written notice to us. Upon such cancelation, we will refund to you a pro rata portion of your applicable subscription fee for the portion of the subscription term after the effective date of termination. YOU ACKNOWLEDGE AND AGREE THAT THE REMEDIES SPECIFIED IN THIS PARAGRAPH SHALL BE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY FAILURE BY COMPANY TO PROVIDE YOUR PLAN BENEFITS IN ACCORDANCE WITH THE APPLICABLE DESCRIPTION SET FORTH IN THE MEMBERSHIP PLAN SUMMARY.

  4. Acceptance of Privacy Policy.

    All information we collect on the Website, including information you provide to register with this Website or carry out any transactions on the Website, is subject to our Privacy Policy which is included below. By using the Website, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by our Privacy Policy. If you do not want to agree to our Privacy Policy, you must not provide us any personal information.

    Our Website is hosted in the United States and our services are provided from the United States. If you are a user accessing our Website or services from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Privacy Policy.

  5. Accessing the Website and Account Security.

    We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to certain users, including registered users. You are responsible for making all arrangements necessary for you to have access to the Website. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You must provide information that is correct, current and complete.If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. If you permit any other person to use your account, you will be responsible for their activities while using the Website. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, the continued use of that user name, password or other identifier would be inappropriate.

  6. Intellectual Property Rights.

    The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. Your computer or the computer you are using may temporarily store copies of such materials incidental to your accessing and viewing those materials, and your Web browser may store files that are automatically cached for display enhancement purposes. You must not otherwise reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

    • You may print or download one copy of a reasonable number of pages of the Website for your own internal, non-commercial use and not for further reproduction, publication or distribution.
    • If we choose to provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

    You must not modify copies of any materials from this Website nor use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. You must never delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. If you wish to make any use of material on the Website other than that set out in this section, please address your request to support@indiebookreview.com.

    If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is being transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. You will be responsible for any copyright, trademark, or any intellectual property infringement.

  7. Trademarks.

    The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

  8. Prohibited Uses.

    You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use 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 US 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 send, receive, upload, download, use or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
    • To transmit any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
    • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity.
    • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that may harm the Company or users of the Website or expose them to liability.
    • To participate in, organize, or otherwise conspire to commit a crime.
    • No party may make unauthorized copies of any books or content on the website without permission through their subscription. Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website. Without limitation, you must not:
    • 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 on the Website.
    • Introduce any viruses, trojan horses, worms, logic bombs or other material that is malicious or technologically harmful or attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
    • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
    • Attempt to use any user data for your purposes whether personal or commercial
  9. User Contributions.

    The Website may contain books, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Website. You must own or control all rights in and to your User Contributions, and all of your User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant the Company and its affiliates and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and that you have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible for the content or accuracy, or legal protections of any User Contributions posted by you or any other user of the Website. By posting any User Content on the Website, you expressly grant to Indie Book Review, LLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Indie Book Review, LLC for all claims resulting from content you supply. In addition, by continuing to use the Website, you understand that there may be content written about you or your writing that you deem unfavorable. So long as the user provided language is not offensive, these comments will be allowed; however, if you believe the language is offensive or you have questions about the review, you may contact the reviewer and/or report such language or questions to support@indiebookreview.com.

  10. Content Standards.

    User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

    • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
    • Promote pornographic material, or promote violence, hate, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
    • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
    • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or our Privacy Policy included below.
    • Be likely to deceive any person.
    • Promote any illegal activity, or advocate, promote or assist any unlawful act.
    • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
    • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
    • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising (other than in connection with a publisher’s ordinary course promotion of a book or audiobook featured on the Website as permitted through the Website’s Interactive Features).
    • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
    • Never give personal information out to anyone on the Site.
  11. Monitoring and Enforcement; Termination.

    We have the right to take any actions that we consider to be appropriate to ensure that the Website is operated in an appropriate manner. We may remove or refuse to post any User Contributions for any or no reason in our sole discretion, and we may take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company. We may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. We may terminate or suspend your access to all or part of the Website for any reason that we determine to be adequate, including any violation of these Terms of Use and no refund shall be issued. 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 other information of anyone posting any materials on or through the Website. YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS RESULTING FROM ANY SUCH ACTION TAKEN BY THE COMPANY. We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  12. Copyright Infringement.

    If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please send us the following information:

    1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
    2. A description of the copyrighted work that you claim has been infringed upon;
    3. A description of the material that is claimed to be infringing and where it is located on the Service;
    4. Your address, telephone number, and e-mail address;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
    6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.Please email the items above to support@indiebookreview.com.

    Please note that this procedure is exclusively for notifying Indie Book Review, LLC and its affiliates that your copyrighted material has been infringed and in no way means that Indie Book Review is obligated to investigate or is liable for possible infringement.

  13. Reliance on Information Posted.

    The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information, and any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

  14. Changes to the Website.

    We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

  15. Electronic Communications/Marketing Materials.

    By providing your email address and signing up to receive communications from us via our Website, you agree to be enrolled in our newsletter distribution list and you will receive periodic updates and promotional materials from us, in each case subject to our Privacy Policy included below. Each user’s e-mail preferences may be updated at any time by clicking the applicable links at the bottom of such email.

  16. User Suggestions.

    From time to time users may wish to submit their suggestions, designs or ideas for new books or audiobooks or improvements to or enhancements of this Website itself. If you provide to us or to our affiliates any such suggestions, designs or ideas (collectively, “Suggestions”), we and our affiliates will be entitled to use the Suggestions without restriction. You hereby irrevocably assign to us all right, title and interest in and to the Suggestions and agree to provide us any assistance we require to document, perfect and maintain our rights in the Suggestions.

  17. Links to Other Sites.

    If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.The Website may provide certain social media features that enable you to link from your own or certain third-party websites to certain content on the Website, send e-mails or other communications with certain content, or links to certain content, on the Website, or cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us and otherwise in accordance with any additional terms and conditions we provide with respect to such features. In addition to the limitations on linking set forth above, you may not cause the Website or portions of it to be displayed, or appear to be displayed by framing, deep linking or in-line linking on any other site.

  18. Geographic Restrictions.

    The owner of the Website is based in the state of North Carolina in the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. By using the website, you agree to be bound by the laws of the State of North Carolina and submit to that state as jurisdiction, not the state where you live or do business. This Agreement shall be construed against the User in all instances and shall be deemed a negotiation between the parties for the User’s continued use of the Service.

  19. Disclaimer of Warranties.

    We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INDIE BOOK REVIEW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INDIE BOOK REVIEW, LLC DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INDIE BOOK REVIEW’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM INDIE BOOK REVIEW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INDIE BOOK REVIEW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  20. Limitation on Liability.

    IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE OR VENDOR KNEW OR MAY HAVE KNOWN OR HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. UNDER NO CURCUMSTANCES SHALL THE COMPANY’S LIABILITY EXCEED ANY AMOUNT PAID BY THE USER IN ANY 12 MONTH PERIOD. The Parties agree that the remedies set forth in this Agreement shall constitute the sole and exclusive remedies available for any breach of this Agreement, including any breach of warranty, express or implied.

  21. Indemnification.

    You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims (including claims for trade disparagement, defamation, privacy and intellectual property infringement), liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including attorneys’ fees and court costs) arising out of or relating to any allegation regarding (1) your violation of these Terms of Use or (2) your use of the Website or the Services, including, but not limited to, your User Contributions even if not posted by you (including the use thereof by us), any use of the Content, participation in any Promotion or the purchase and use of any Subscriptions other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

  22. Eligibility

    This Service is intended solely for Users who are eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is unauthorized, unlicensed, and in violation of this Agreement.

  23. Governing Law and Jurisdiction.

    All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction). Any legal suit, action or proceeding arising out of or related to these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States in North Carolina, or the courts of the State of North Carolina, except that we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. In the case of any dispute between the parties, which dispute shall result in arbitration or litigation, the prevailing party shall be entitled to reasonable attorney’s fees and costs including expert witness fees.

  24. 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 ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  25. Waiver and Severability.

    No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

  26. Force Majeure.

    The Company’s failure to perform any obligation hereunder shall not constitute a breach of this Agreement, or any warranty hereunder, where such failure of performance is the result of any force majeure, including but not limited to riots, failure of contractors and subcontractors to perform, pandemics, internet or electric outages, strikes, labor disturbances, acts of God, fires, floods, hurricanes, explosions, civil disturbances, inability to obtain required materials, or acts of governmental authorities.

  27. Entire Agreement.

    The Terms of Use, Financial Terms of Use, Cookie Policy, our Copyright Policy and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. No modification, addition to, or waiver of any of the terms hereof shall be effective unless in writing and signed by an authorized officer of Company. Should a conflict arise between one of these documents constituting the Entire Agreement, this Terms and Conditions document shall prevail.

  28. Author Responsibilities.

    Any author who uses this service shall comply with all terms and conditions for the Service. In addition, it is the author’s responsibility to take all legal protections for their work product PRIOR to submitting your work to the Service. The author must upload the work product in order to receive reviews. The author may remove the work at any time.

  29. Reader Responsibilities.

    Readers should read each book they choose to read and leave a review adhering to terms of use, privacy policy and any other policies or rules of conduct we may post. A reader may not make any copies of any books or work product they review and a reader may not disseminate any work products from the Service that are not their own.

  30. Your Comments and Concerns.

    All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@indiebookreview.com