Book Doctor West

Terms

Terms of Service

These Terms govern your access to and use of Book Doctor West products and services available at or through the Book Doctor West website (collectively, “Services”). Our Services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation Book Doctor West’s Privacy Policy {LINK HERE}, and procedures that may be published from time to time by Book Doctor West (collectively, the “Agreement”). You agree that we may automatically upgrade our Services, and the Agreement will apply to any upgrades. 

Please read the Agreement carefully before accessing or using our Services. By accessing or using this website and/or any part of our Services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use our Services.

If You are under legal age of consent for Your respective district, You are not allowed to access or use this Website or Our services. You acknowledge and agree that You must be of legal age to purchase any of Our products or services available on this Website or otherwise.

By submitting an order and/or payment, You are acknowledging that You have read and understand these terms and conditions. By submitting an order and/or payment, You are also agreeing to be legally bound by these terms and conditions, which form the entire agreement between You and BookDoctorWest.com.

1. Terms

Throughout these Terms,  “Customer,” “Client,” “you,” or ‘yours” applies to both individuals and entities that access or use our Services. We refer to Book Doctor West as “Book Doctor West,” “the Company,” “we,” or “our” throughout these Terms.

“Order” means an order via phone or e-mail made by Customer to purchase services or products provided by www.bookdoctorwest.com. Orders are confirmed by down payments via check, credit card, cash receipt, bank wire transfer, WesternUnion, or PayPal transfer.

2. Our Services

By submitting the Order and/or payment, You are purchasing the Product for Your use only. All Products are non-refundable and come with no warranties, expressed or implied. It is Your obligation to read these Terms and Conditions before submitting any Order and/or payment to this Website.

3. Fees and Payment

Fees for Paid Services. By using a Paid Service, you agree to pay the specified fees. Depending on the Paid Service, there may be a one-time fee, recurring fees, or revenue-based fee. 

Refunds
The Products and Services offered are non-refundable and come with no warranties, expressed or implied. Once an Order has been completed, the hours put into the project cannot be recuperated and thus we will not provide a refund. We will, however, to the best of our ability, seek to satisfy our Clients. In certain cases, the Company may provide a refund on its own discretion.

5. Copyright Infringement 

Copyright & Personal Use

The Products delivered to You are completely original content. The full copyright to the Products and other materials delivered to You is retained by You and You alone. You agree to indemnify, defend, and hold harmless the Company for any and all unauthorized uses you may make of any material available made available to You by Company. Any unauthorized use of the delivered Products and/or content of this Website may subject You to civil or criminal penalties.

No Plagiarism
We do not condone, encourage, or knowingly take part in plagiarism or any other acts of academic fraud or dishonesty. We strongly adhere to and abide by all copyright laws, and will not knowingly allow any Customer to commit plagiarism or violate copyright laws.

Neither the Company nor any of its affiliates and/or partners shall be liable for any unethical, inappropriate, illegal, or otherwise wrongful use of the Products and/or other written material received from our Website. This includes plagiarism, lawsuits, poor grading, expulsion, academic probation, loss of scholarships/awards/grants/prizes/titles/positions, failure, suspension, or any other disciplinary or legal actions. The buyer of material from our Website is solely responsible for any and all disciplinary actions arising from the improper, unethical, and/or illegal use of the material. 

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or associated with a Book Doctor West product or service violates your copyright, please notify us in accordance with the Digital Millennium Copyright Act. We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. 

6. No Guarantee Of Publication And Limitation Of Consultation
We provide publishing consultation, free of charge, to all Clients who purchase full-length manuscript orders (for either editing or ghostwriting). This consultation may be provided over e-mail, telephone, or within an attached document, at the sole discretion of the Company. However, We do not, in any way or under any circumstance, guarantee that this consultation (or any of our other services) will lead to the Client being published. We also do not guarantee any specific number of hours of consultation. We will not contact literary agents or publishing houses directly on the behalf of Clients.

7. Your Account

Where use of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your account information up-to-date and for keeping your password secure.

You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

When you contact us via the contact page, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication, whether it’s an email, phone call, or text message.

8. Responsibility of Visitors and Users

We have not reviewed, and cannot review, all of the content (such as, but not limited to, text, photo, video, audio, code, computer software, items for sale, or other materials) posted to our Services by Clients or anyone else (“Content”) and are not responsible for any use or effects of such Content. So, for example:

  • If you post Content, comment on our website, or otherwise make (or allow any third party to make) Content available on our Services, you are entirely responsible for the Content, and any harm resulting from, that Content or your conduct.

  • We do not endorse any Content or represent that Content is accurate, useful, or non-harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights or other proprietary rights of third parties.

  • We disclaim any responsibility for any harm resulting from anyone’s use, purchase, or downloading of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

  • Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.

We also have not reviewed, and cannot review, all of the material that links to, or are linked from, our web pages. For example:

  • We do not have any control over those websites and are not responsible for their contents or their use.

  • The existence of a link to or from one of our Services does not represent or imply that we endorse such website.

  • You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

  • We disclaim any responsibility for any harm resulting from non-Book Doctor website.

4. General Representation and Warranty

You represent and warrant that your use of our Services:

  • Will be in strict accordance with these Terms;

  • Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, and the transmission of technical data exported from the United States or the country in which you reside);

  • Will not use the Services for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;

  • Will not infringe or misappropriate the intellectual property rights of any third party;

  • Will not disclose sensitive personal information of others;

  • Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.

Warranty Disclaimer
The Company makes no representations or warranties with regard to the Website or any materials therein, whether express or implied, arising by law or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. In addition, the Company makes no representation that the operation of the service or Website will be uninterrupted or error-free. The company will not be liable for the consequences of any interruptions or errors on the Website. It is Your responsibility to evaluate the accuracy, completeness, or usefulness of any opinion, advice, information, or other content provided in connection with the service or otherwise available through the Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any such opinion, advice, information, or other content.

8. Termination

We have the right (though not the obligation) to, in our sole discretion, (i)  refuse or remove any content that, in our reasonable opinion, violates any Book Doctor West policy or is in any way harmful or objectionable, (ii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any amounts previously paid.

All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of New Jersey, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in Trenton, New Jersey.

10. Limitation of Liability
You agree to release and hold the Company and its employees, officers, directors, shareholders, agents, representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any third-party providers, or sources of information or data and legal advisers (the “Company’s Affiliates”) harmless from any and all losses, damages, rights, claims, and actions of any kind arising from or related to the Products, including but not limited to: (a) telephone, electronic, hardware or software, network, Internet, email, or computer malfunctions, failures or difficulties of any kind; (b) failed, incomplete, garbled or delayed computer transmissions; (c) any condition caused by events beyond the control of the Company that may cause the Product to be delayed, disrupted, or corrupted; (d) any injuries, losses or damages of any kind arising in connection with or as a result of utilizing our services; or (e) any printing or typographical errors in any materials associated with our services. In addition, you agree to defend, indemnify, and hold the Company and Company’s Affiliates harmless from any claim, suit or demand, including attorney’s fees, made by a third party due to or arising out of your utilizing of our services, your violation or breach of these Terms and Conditions, your violation of any rights of a third party, or any other act or omission by you.

In no event shall the Company be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this Website or any information provided on this Website. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You.

12. US Economic Sanctions

You expressly represent and warrant that your use of our Services and/or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and we reserve the right to terminate accounts or access of those in the event of a breach of this condition.

13. Translation

These Terms were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms and the English version, the English version will control.

14. Changes
You acknowledge and agree that We may unilaterally change these Terms and Conditions. We recommend You reviewing these Terms and Conditions from time-to-time as any such changes will be reflected in this section of our Website.