Author and Publisher Online Book Agreement

 Please read the information below carefully. By using the Site or other services provided by Griot Publishing House, you, the Author, agree and accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement.

• The content available through GPH’s Web Property (website) is the sole property of Griot Publishing House or its licensors and is protected by copyright, trademark, and other intellectual property laws. Except as otherwise explicitly agreed in writing, Publisher-owned content received through the Web Property may be downloaded, displayed, reformatted, and printed for your personal, non-commercial use only. Content owned by GPH’s licensors may be subject to additional restrictions. You, the Author, agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through our Web Property to anyone, including but not limited to others in the same company or organization without GPH’s express prior written consent. 

• Without limiting the foregoing, Publisher shall not be liable to you, the Author, or your business for any incidental, consequential, special, or punitive damages or lost or imputed profits or royalties arising out of this agreement or any goods or services provided, whether for breach of warranty or any obligation arising there from or otherwise, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether you have been advised of the possibility of any such loss or damage. Each party hereby waives any claims that these exclusions deprive such party of an adequate remedy.

• Griot Publishing House does not represent or warrant that downloading content will be successful and does not represent or warrant that any such downloading or use will not cause damage to your computer, data, software, files, or peripherals. GPH will not be liable for any damage to your computer, data, software, files, or peripherals that may be caused by your use of the Web Property and downloading content.

• In no event shall Publisher or any of its officers, employees, directors, affiliates, agents or third-party licensors and content providers be liable to you, the Author, 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 Web Property or services provided.

• You will have the opportunity to select a username and password during the User registration process. You are solely responsible in all respects for: (a) all use of the Web Property made using your username and Password, and (b) maintaining the confidentiality of your username and Password. Only one individual may access the Web Property at the same time using the same username and Password. You agree to notify us immediately of any unauthorized use of your e-mail address, username or password or any other breach of security regarding the site of which you are aware. GPH may refuse to grant you a username or password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason.  

 It cannot be changed, unless both Parties agree to a change and that change is set out in a written document signed by both Parties. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. 

No rights provided by this agreement are lost or diminished because of lack of use of such rights. 

If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this agreement will remain in full force and effect.

This Agreement is governed by the laws of the State of Arizona, without regard to its "choice of law" provisions. 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. Costs associated with any arbitration process will be jointly shared between Publisher and Client/Author. The location of the arbitration shall be Phoenix, AZ. 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 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. Publisher and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control.

This Agreement does not designate either Party as the agent, employee, legal representative, partner, or joint venture of the other Party for any purpose whatsoever.