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Terms & Conditions

Sorry this is so boring but it's all the words the lawyers want me to say...

Disclaimer

The terms “we”, “us”, “our”, “me”, “company”, “TAA” and “Author Alchemist” refers to The Author Alchemist.  The term the “Site” refers to authoralchemist.com and all online class sites connected to it. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.

This website/blog/email series is an educational and informational resource for writers. It is not a substitute for working with an editor, agent, or other professional. We cannot guarantee the outcome of following the recommendations provided and any statements made regarding the potential outcome are expressions of opinion only. We make no guarantees about the information and recommendations provided herein. By continuing to use/ read/participate in this website/blog/email series you acknowledge that we cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within our control. Therefore, following any information or recommendations provided on this website/blog/email series are at your own risk. If you need editing or publishing advice, you should hire an editor, business consultant, or other professional.

By participating in/reading my coaching service/website/blog/email series, you acknowledge that we am not licensed psychologists or health care professionals and our services do not replace the care of psychologists or other healthcare professionals.

Except as expressly provided otherwise, we disclaim any and all responsibility or liability for the timeliness, sequence, quality, accuracy, content, completeness, legality, reliability, operability or availability of information or material contained on the Site. The Site may contain inaccuracies or typographical errors. We disclaim any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material in respect of the Site or the use thereof.

Any communications sent to you via this Site or otherwise from this company (including, without limitation, in the form of newsletters, electronic mail or via telephone), and the contents of this Site (including, without limitation, any technology, financial, investment, corporate, or tax information) are provided for informational and educational purposes only and are not intended to provide legal, investment, financial, or tax advice and should not be relied upon in that regard. 

All information, products, and services offered here are provided “AS IS” and “AS AVAILABLE”. All express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, are expressly disclaimed. We and our data providers disclaim any warranties for the security, reliability, timeliness and performance of the technology, products, and services offered on the site. 

Any material downloaded or otherwise obtained through the use of the site is done so at your discretion and risk. 

Limitations of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, the company is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.

The foregoing applies even if the company has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall the company’s cumulative liability to you exceed the total purchase price of the Service you have purchased, and if no purchase has been made by you the company’s cumulative liability to you shall not exceed $100.

Terms and Conditions

Overview

The terms “we”, “us”, “our”, “me”, “company”, “TAA” and “Author Alchemist” refers to The Author Alchemist.  The term the “Site” refers to authoralchemist.com and all online class sites connected to it. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site. We are willing to provide you with access to the Site only on the condition that you accept all of the terms and conditions (the “Terms”) contained in this Agreement. This Agreement governs your use of the Site. Please read all of the Terms carefully. By using the Site or Service and/or ordering a product from the Site, you agree to comply with and be bound by these Terms. Them’s the rules. 

Use of Site and Services

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to writing and other information are subject to change. The Author Alchemist makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. 

In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. Author Alchemist makes no representations, warranties or assurances as to the availability of the Site.

Restrictions on Use

You may not print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for other than your personal information.  These restrictions will apply except in cases where we otherwise agree in writing.

Without limiting the generality of the foregoing, you may not:

  1. include such content in or with any product or service that you create or distribute;
  2. reproduce, duplicate, copy, sell, rent, resell or exploit for any commercial purposes any portion of the Site, use of the Site, or access to the Site;
  3. establish a frame containing any portion of the Site, on any other Web site or text document with hyperlink capabilities without the express written permission of the Company;
  4. copy such content onto your or any other Web site or publication; or
  5. direct any other person to do any of the foregoing.

Intellectual Property

All trademarks that appear on the Site are the exclusive property of TAA. The trademarks, trade names, trade dress and associated products and services represented on this Site are protected under the United States and international law and their display on this Site does not convey or create any license or other rights in these trademarks, trade names, trade dress, and associated products and services. Any use of them without prior written authorization of this company or the relevant trademark owner is strictly prohibited.

Any third-party trademarks mentioned on this Site which are not those of TAA are the trademarks of their respective owners. The display of these trademarks or trade names on this Site does not convey or create any license or other rights in these trademarks or trade names. Any unauthorized use of those third-party trademarks is strictly prohibited.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part, without our prior written consent.. We reserve the right to immediately remove you from the Service, without refund, at to pursue all available legal remedies against you if you are caught violating this intellectual property policy.

Lawful Purposes

You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.

You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Anyone found doing any of that will be booted off and barred. 

Refusal of Service

The Author Alchemist reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so, and also  reserves the right to limit the number of participants in any given online class or workshop. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Site Modifications

The company may at any time change or discontinue any aspect or feature of the Site or Service, temporarily or permanently, for any or no reason and without notice.

Product Description

We endeavor to describe and display the Service as accurately as possible but we cannot guarantee that the Site is entirely accurate, current, or error-free. Corrections for errors in pricing and descriptions will be made without notice. We reserve the right to refuse or cancel any order with an incorrect price listing.

Third Parties

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Our website does not provide any personal information to these third parties.

Refund Policy/Cancellations

The Author Alchemist offers a fourteen (14) day, 100% money-back guarantee on all of our products. Just write in to [email protected] within fourteen days if you have any issues. If you’d like to cancel any monthly subscriptions you have signed up for, you may do so anytime by sending an email request to [email protected], and you will not be charged effective the following billing period; however, no refunds for previous months will be given. By using and/or purchasing any of our programs, products, or services, you understand and agree that all sales are final after fourteen days and no refunds will be provided for any reason.  All of the terms of this Terms and Conditions, including but not limited to all copyright, trademark, and intellectual property rights, remain indefinitely.

Notices, Venue, Mediation

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

KimBoo York, 225 E. 7th Ave., Tallahassee, Florida, 32303

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely in Florida. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Leon County, Florida. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted in accordance with the American Arbitration Association Rules or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Recovery of Litigation Expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Severability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

UPDATED: October 31, 2021

 

Privacy Policy

The Author Alchemist is committed to protecting your privacy online. This Privacy Policy describes the personal information we collect through this website at authoralchemist.com (the “Site”), and how we collect and use that information. We have created this privacy statement in order to demonstrate our firm and continuing commitment to the privacy of personal information provided by those visiting and interacting with this website. The following discloses our information gathering and dissemination practices for this website, and by visiting www.authoralchemist.com you are consenting to our privacy policy.

The terms “we”, “us”, “our”, “me”, “company”, “TAA” and “Author Alchemist” refers to The Author Alchemist.  The term the “Site” refers to authoralchemist.com and all online class sites connected to it. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site. The term “personal information” is defined as information that you voluntarily provide to us which personally identifies you and/or your contact information, such as your name, phone number and email address. This Privacy Policy applies to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to this Privacy Policy, without modification, and acknowledge reading it.

Information We Collect

When you visit this website you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis and website use information collected on an aggregate basis as you and others browse our website.

What Data do We Collect, anyway?

  1. Personal Information (provided by you directly to us).
  2. Registration Information (information you provide as part of any registration process).
  3. Email Information (we may retain the content of your email messages together with your email address and our responses.)
  4. Website Use Information (information gathered through cookies and web server logs may include the date and time of visits, the pages viewed, time spent at our website, and the websites visited just before and just after our website).

None of this data is ever shared with third-party organizations, although it may be stored on third-party servers such as our website hosting company’s. 

Data Security

Your information will be stored and processed on our computers in the United States. We will do everything in our legal power to protect your privacy and your data, but please note that the laws on holding personal data in the United States may be less stringent than the laws of your Country of residence or citizenship. We maintain security measures to protect your personal information from unauthorized access, misuse or disclosure. However, no exchange of data over the Internet can be guaranteed as 100% secure. While we make every effort to protect your personal information shared with us through our Site, you acknowledge that the personal information you voluntarily share with us through this Site could be accessed or tampered with by a third party and release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner. As a result, you should exercise caution before you make such disclosures.

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into this Privacy Policy. Children under the age of 18 are prohibited from using the Site.

Service/Product Orders

We collect a variety of personal information with each product order. This includes:
Your name, address, email address and phone number. This information is shared with our e-commerce software providers to ensure the delivery of your order. We use your email to communicate with you about your order and to manage our customer relationship with you. When you place an order you may be added to our mailing list from which you can unsubscribe at any time using the unsubscribe link in each email or by contacting us at [email protected]

Payment information

We collect payment information for each order but we do not store payment information on our servers. Your payment information is securely communicated to and processed via our e-commerce software providers. All personal information collected for an order is used for the fulfillment of that order and to manage our customer relationship with you.

Blog Comments/Interaction

We only collect the personal information you voluntarily provide to us which may include:
Your email address in order to subscribe to our mailing list; your name, email address and/or social media profile in order to post a comment on our blog via a third party provider; your full name, email address and message in order to contact us via our contact form.

Cookies

We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. Cookies, in conjunction with our web server’s log files, allow us to calculate the aggregate number of people visiting our website and which parts of the site are most popular. This helps us gather feedback to constantly improve our Website and better serve our clients. Cookies do not allow us to gather any personal information about you and we do not intentionally store any personal information that your browser provided to us in your cookies. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all.

Third Party Links

The Site may contain links to or from third party websites. Except as otherwise discussed in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you on our Site, we are not responsible for the practices employed by websites linked to or from our website or the information or content contained therein. Your personal information will never be shared with unrelated third parties.

Legally Compelled Disclosure of Information

Hopefully rarely, we may disclose information when legally compelled to do so, either by legal warrant or when we believe that the law requires it for the protection of our legal rights. We may also disclose account information when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms of Service or to protect the safety of our users and the Public.

Updating Your Information

If you opt-in to our mailing list, the option to unsubscribe will be included in every email. Youmay also access and correct your personal information and privacy preferences by contacting us with your request at ash(at)themiddlefingerproject.org.

Notification of Changes to this Policy

Changes to this Privacy Policy will occur from time to time. You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. Updates to this Policy will be posted on this page. If the Privacy Policy changes in the future, we will not use the personal information you have submitted to us under this Privacy Policy in a manner that is inconsistent with this Privacy Policy, without your prior consent.

Contact

If you have questions about our Privacy Policy, please contact us via regular mail or email at:

KimBoo York, 225 E. 7th Ave., Tallahassee, Florida, 32303
[email protected]



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