Elite Authors Digital Terms of Service Agreement

Effective Date: This agreement was most recently updated on November 1, 2024

1. Introduction

THIS ELITE AUTHORS DIGITAL TERMS OF SERVICE AGREEMENT (THIS “AGREEMENT” OR THESE “TERMS OF SERVICE”) GOVERNS YOUR USE OF CERTAIN BOOK EDITING, COPYRIGHTING AND PROOFREADING SERVICES PERFORMED BY ELITE AUTHORS, AND YOUR USE OF CERTAIN BOOK REVIEWS, BOOK COVER DESIGNS AND INTERIOR BOOK LAYOUTS PREPARED BY ELITE AUTHORS, AND YOUR USE OF OTHER SERVICES PERFORMED BY ELITE AUTHORS (COLLECTIVELY, THE “SERVICES”).

BY USING THE SERVICES, (I) YOU REPRESENT AND WARRANT TO ELITE AUTHORS THAT YOU ARE A LEGAL ADULT AGE 18 OR OLDER AND YOU ARE ABLE TO ENTER INTO LEGALLY BINDING CONTRACTS, AND (II) YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONED CONTAINED IN THIS AGREEMENT, INCLUDING THE BINDING ARBITRATION PROVISIONS IN SECTION 17 HEREOF. PLEASE READ THIS AGREEMENT CAREFULLY.

THIS AGREEMENT CREATES A BINDING AND LEGALLY ENFORCEABLE CONTRACT BETWEEN YOU AND US, WHETHER YOU ARE ACTING IN YOUR INDIVIDUAL CAPACITY OR AS THE AUTHORIZED REPRESENTATIVE FOR AN AUTHOR, WRITER, PUBLISHER, OR CORPORATION, IN WHICH CASE "YOU" SHALL REFER TO THE AUTHOR, WRITER, PUBLISHER, OR CORPORATION ON WHOSE BEHALF YOU ARE ACTING AND AUTHORIZED TO ACT. THEREFORE, PLEASE READ THIS AGREEMENT CAREFULLY AND CONSULT WITH YOUR OWN BUSINESS AND LEGAL ADVISORS BEFORE USING THE SERVICES OR OTHERWISE ACCEPTING THIS AGREEMENT.

IF YOU DO NOT AGREE TO ANY OF THE TERMS CONTAINED IN THIS AGREEMENT, OR IF YOU ARE NOT A LEGAL ADULT AGE 18 OR OLDER, DO NOT USE THE SERVICES IN ANY MANNER.

2. Definitions

• “Company” or “we” or “us” or "Elite Authors" refers to Elite Authors, LLC, a Maryland limited liability company.
• "You" or "Author" refers to the individual or entity using the Services.
• "Editing" refers to the process of reviewing and improving the content of your book, including, but not limited to, grammar, spelling, punctuation, and style.
• "Manuscript" refers to the text of your Book that you submit for editing.
•  "Author Content" means the manuscripts, artwork, images, text, descriptive materials and other content that you have submitted to us in connection with the Services. By requesting any Services, you represent and warrant to the Company that any Author Content you submit is owned or controlled by you and/or have been cleared by you for all purposes and rights granted and authorized hereunder by you.
• "Book" means any form of book or other literature embodying the Author Content, including print books, audio books, ebooks and other literature in digital and physical formats of any kind.

3. Services

3.1 Scope: We offer Book editing, preparation for publishing, and post-publication marketing services to improve the quality and readability of your Manuscript, including, but not limited to, editing, copyrighting, proofreading, preparation of book reviews, preparation of cover designs and interior layout designs. Our Services may include copyediting, proofreading, design, and other editorial services as agreed upon by you and us. Services may be modified and changed at Elite Authors’ discretion at any time and may or may not be fully disclosed on the Elite Authors website (www.eliteauthors.com) (the “Website”). Services may be offered through the Website or through other websites and services operated by or on behalf of Elite Authors and/or its Affiliates and/or Licensees (each as defined below). 

3.2 Submission: You must submit your Manuscript in a format specified by us. You are responsible for the content and accuracy of your Manuscript.

3.3 Review: We will review your Manuscript and provide edits and comments as necessary. You have the opportunity to review and accept or reject our edits.

3.4 Turnaround Time: We may provide an estimated turnaround time for the requested Services. However, any such estimate is for informational purposes only and is not a promise or guarantee that the Services will be completed by any particular date, and we are not responsible for failure to complete the Services by a particular date. In order to keep turnaround times and project deliverables moving efficiently, we request that you return any requested approvals, comments, or edits back to Elite Authors we request that you return any requested approvals, comments, or edits to Elite Authors within the timeline specified in the Service Level Agreement (SLA). If no timeline is specified in the SLA, the response should be provided within three (3) weeks of receiving the request from Elite Authors. Should your reply to any such request take longer than 45 calendar days, Elite Authors may put your project “On Hold” and will no longer send reminders for replies, and Elite Authors shall have no liability to you whatsoever for such delay. 

3.5 Revisions: The package you select may include a limited scope of Services. Additional Services that are not included in the package you select may be subject to extra charges.

4. Payment

4.1 Fees: You agree to pay the fees specified for the Services you select. Payment is due upon submission of your Manuscript. In consideration of the Services rendered hereunder, you shall pay to Elite Authors the fees in effect at the time you request the particular Services, as set forth on the Website, in this Agreement, or as otherwise made available to you (the “Elite Authors Fees”). The Elite Authors Fees may be amended from time to time by the Company in its sole discretion. If any amended Elite Authors Fees apply to you, Elite Authors will provide you notice of such amended Elite Authors Fees at least fifteen (15) days prior to the effective date of the amendment. Your continued use of the Services after such effective date constitutes your agreement to the amended Elite Authors Fees. If you do not agree to such amended Elite Authors Fees, your sole option is to terminate this Agreement in accordance with the termination procedures set forth in Section 12 below. The amended Elite Authors Fees will apply to all Services rendered after the effective date of such amendments. You may be required to set up an account with Elite Authors in order to request Services (your “Elite Authors Account”).  You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your Elite Authors Account by you or anyone else using your Elite Authors Account. It is your responsibility to notify the Company if your payment method has changed by making the appropriate changes to your Elite Authors Account settings. If you do not provide a valid payment method your Services may be disconnected or interrupted. 

4.2 Refunds: All fees paid in accordance with this Agreement are non-refundable.  We do not offer refunds after receipt of your initial Manuscript, regardless of the status, including on hold or terminations, of the Service.

5. Copyright and Ownership

5.1 Your Content: You retain all copyright and ownership rights to your Manuscript and all Author Content contained therein. We do not claim any rights to your Author Content. Subject to our rights hereunder or under any prior agreement between you and us, as between you and us, you own all right, title and interest in and to (i) the Author Content , (ii) the Books, (iii) all copyrights and equivalent rights embodied in any of the foregoing, and (iv) all materials furnished by you to the Company in connection with the Services.

5.2 Edited Content: You grant us a non-exclusive, royalty-free license to use, reproduce, and display the edited version of your Manuscript for the limited purpose of providing and promoting our Services.

5.3. Author Content Ownership: You represent and warrant to the Company that any Author Content you submit is owned or controlled by you or you have sufficient rights in such Author Content to submit such Author Content to the Company and grant the Company the right to perform the Services under this Agreement with respect to such Author Content, such that your submission of such Author Content and our performance of the Services in accordance with  this Agreement will not infringe upon or violate the rights or any third party.

6. Elite Authors Content Policy

6.1. Right to Refuse: Elite Authors reserves the right to refuse or remove any order or request for Services in its sole and absolute discretion, for any reason or for no reason, including, but not limited to, if Elite Authors believes any content submitted to the Company is hate speech, offensive, exploitative, abusive, pornographic, defamatory, inflammatory, false, fraudulent, unlawful or glorifies or promotes unlawful acts, or is otherwise objectionable.

6.2. Author’s Right to Create Content: Notwithstanding the foregoing, Elite Authors believes in the author’s right to create content the way it is intended to be consumed. As such, the Company will perform Services with respect to content that contains profanity or explicit language, so long as it does not violate the Content Policy set forth in Section 6.1 above.  

6.3. Native Files Retention: Elite Authors will retain all native files for a period of 18 months from the date of project completion. After this period, Elite Authors cannot guarantee the availability or the ability to update cover and interior files.

6.4. Native Files Price: Elite Authors offers the purchase of native files for $199 per file.

7. Prohibited Use of the Website and Services

7.1. Use of Website and Services: You agree not to use the Website, the Services, and any other services provided by Elite Authors or their representatives, for any unlawful purpose or in any way that might harm, damage, or disparage Elite Authors or its Affiliates, Licensees, or any other party. Without limiting the preceding sentence and by way of example and not limitation, you agree that you will not, whether through the Website, or the Author Content, do or attempt any of the following:

(a) Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Website or any other part thereof, except and solely to the extent permitted by this Agreement, the terms and conditions  of the Website or by law, or otherwise attempt to use or access any portion of the Website other than as intended; (b) reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Website or any content contained therein, any use of the Website, any access to the Website or any content obtained from the Website,; (c) remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Website, or any features that prevent or restrict the use or copying of any part of the Website, or any features that enforce limitations on the use of the Website; (d) threaten, harass, abuse, slander, defame or otherwise violate the legal rights (including, without limitation, rights of privacy and publicity) of third parties; (e) publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortuous, indecent, unlawful, offensive, immoral or otherwise objectionable material or information; (f) create a false identity or impersonate another for the purpose of misleading others as to your identify, including, but not limited to, providing misleading information to any feedback system used by Elite Authors; (g) transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful, damaging or deleterious software programs; (h) interfere with or disrupt the Website or the networks or servers connected to the Website, or violate the regulations, policies or procedures of such networks or servers; (i) upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in the Author Content; or (j) use the Website in any manner whatsoever that could lead to a violation of any federal, state or local laws, rules or regulations.

8. Availability of Services

8.1. The Website, all information on the Website, and the Services are all provided on an "as is," "as available" basis, and there are no warranties, claims or representations made by Elite Authors, either express, implied or statutory, with respect to the Services, the content of the Website, the suitability of information, endorsements, products, services and functions made available on the Website or through third-party URL links, including, but not limited to, warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose, nor are there any warranties created by course of dealing, course of performance or trade usage.  Elite Authors may make changes to or discontinue any aspects of the Services and any of the features, media, content, products, software or services available via the Website, at any time and without notice and without liability to you or anyone else. The features, media, content, products, software or services available on and through the Website may be out of date, and there are no warranties, claims or representations regarding the accuracy or currentness of any such information, and Elite Authors makes no commitment to update any aspect of the Website and Elite Authors disclaims all liability relating thereto. Elite Authors makes no representations and warranties with respect to availability or performance of the Website and may discontinue the Website or the Services at any time with or without notice. You are solely responsible for maintaining back-up copies of any elements of the Author Content uploaded to the Website or otherwise delivered to Elite Authors.

9. Confidentiality

9.1. We will keep your Manuscript and personal information confidential and will not share it with third parties except as required by law.

10. Disclaimer of Warranties

10.1. We do not guarantee that our Services will meet your expectations or that they will be error-free. You use our Services at your own risk.  

10.2   THE WEBSITE, THE SERVICES, AND ANY THIRD-PARTY CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES, THE CONTENT OF THE WEBSITE, THE SUITABILITY OF INFORMATION, ENDORSEMENTS, PRODUCTS, SERVICES AND FUNCTIONS MADE AVAILABLE ON THE WEBSITE OR THROUGH THIRD PARTY URL LINKS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

10.3 TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ELITE AUTHORS AND ITS AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND RELATING TO THE SERVICES, THE WEBSITE OR THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELITE AUTHORS OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. ELITE AUTHORS AND ITS AFFILIATES, PARTNERS, LICENSORS, AND SUPPLIERS DO NOT WARRANT THAT THE WEBSITE OR ANY PART THEREOF, OR ANY SERVICES PROVIDED BY ELITE AUTHORS, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE WEBSITE OR ANY ASSOCIATED SITES OR APPLICATIONS, AND OFFER THE AUTHOR CONTENT VIA THE SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, HANDSET, OR ANY OTHER DEVICE OR PERIPHERAL USED IN CONNECTION WITH THE WEBSITE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.

10.4 A link from the Website to a non-Elite Authors website does not mean that Elite Authors endorses or accepts any responsibility for the content, functioning, policies, or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. Additionally, we suggest you review the linked site’s terms of service and privacy policy, and if you do not agree to be bound by the terms of that site, terminate your visit to that site.  We are not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties. Elite Authors expressly disclaims any liability related to such sites.

10.5 Elite Authors prohibits unauthorized hypertext links to the Website or the framing of any content available through the Website. Elite Authors reserves the right to disable any unauthorized links or frames.

11. Limitation of Liability

11.1. In no event shall Elite Authors or any of its affiliates, partners, licensors or suppliers be liable for any indirect, incidental, consequential, special, or punitive damages arising from the use of the Services or the Website.

11.2. ELITE AUTHORS AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, THE BREACH OF THIS AGREEMENT OR ANY TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF WE HAVE BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. ELITE AUTHORS SHALL ALSO NOT BE LIABLE FOR ANY ROYALTIES, FEES, PAYMENTS OR DAMAGES ARISING OUT OF THE FAILURE OF ANY LICENSEE TO PAY ELITE AUTHORS OR YOU ANY ROYALTIES THAT ARE DUE FOR ANY USE OR MISUSE OF THE AUTHOR CONTENT, WHETHER PURSUANT TO AN EXISTING, EXPIRED OR TERMINATED AGREEMENT WITH ELITE AUTHORS OR OTHERWISE. ELITE AUTHORS’ TOTAL LIABILITY TO YOU FOR ANY BREACH OF THIS AGREEMENT SHALL IN ALL INSTANCES BE LIMITED TO THE AMOUNT OF MONIES ACTUALLY PAID TO YOU BY ELITE AUTHORS FOR THE DISTRIBUTION OR LICENSING OF THE AUTHOR CONTENT DURING THE SIX (6)-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM AGAINST ELITE AUTHORS.

11.3. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT IN THE EVENT SUCH DISCLAIMERS AND LIMITATIONS OF LIABILITY BY ELITE AUTHORS ARE NOT ALLOWED BY LAW, AND BECAUSE SUCH DISCLAIMERS AND LIMITATIONS OF LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ELITE AUTHORS, ELITE AUTHORS’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT ELITE AUTHORS WOULD NOT BE ABLE TO OFFER ITS SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS AND WOULD NOT OFFER SUCH SERVICES ABSENT SUCH LIMITATIONS OF LIABILITY.

12. Termination

12.1. We reserve the right to terminate or suspend your access to our Services and/or the Website at our discretion, without prior notice, for any reason, including but not limited to violations of this Agreement. This Agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement.  Additionally, Elite Authors reserves the right to seek all remedies available for violation of this Agreement, including the right to block access from a particular IP address to the Website.

12.2. Without limiting the terms set forth in Section 12.1, the term of this Agreement will commence when you first access or use the Services or otherwise accept this Agreement and will continue until terminated by either you or us, upon twenty-four (24) hours’ written notice (the "Term"), which notice, if sent by (a) Elite Authors, may be sent to you at the last e-mail address you provided to Elite Authors and (b) you to Elite Authors, must be sent only to the following email address: info@eliteauthors.com with the following information: (i) your name; (ii) the email address associated with your Elite Authors Account; (iii) your Book title(s); and (iv) "Termination of Digital Terms and Services Agreement" in the subject line of the email. Sections 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, and 18 will survive any termination of this Agreement for any reason.

13. Governing Law

13.1. This Agreement is governed by and construed in accordance with the laws of the State of Maryland.

14. Mutual Representations and Warranties

14.1. Each party represents and warrants to the other that it: (i) is authorized to enter into this Agreement on the terms and conditions set forth herein; (ii) will not act in any manner that conflicts or interferes with any existing commitment or obligation of the other party, and that no agreement previously entered into by the party will interfere with the performance of its obligations under this Agreement; (iii) shall perform its obligations hereunder in full compliance with any applicable laws, rules, and regulations of any governmental authority having jurisdiction over such performance.

15. Representations & Warranties

15.1. You represent and warrant that you have the full right, power, and authority to act on behalf of any and all owners of any right, title or interest in and to the Author Content, and metadata associated therewith. For the avoidance of doubt, if you are acting on behalf of an author, writer, publisher, or corporation or other entity, you hereby represent and warrant to Elite Authors that you are fully authorized to enter into this Agreement on behalf of such author, writer, publisher, or corporation or other entity and to grant all of the rights to Elite Authors to perform the Services hereunder, and you hereby agree, on behalf of such author, writer, publisher or corporation or other entity, to assume and fulfill all of the obligations, covenants, and representations and warranties set forth in this Agreement.

15.2. You represent and warrant that you own or control the necessary rights in order to make the grant of rights, licenses and permissions granted to Elite Authors herein, that you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within the Author Content submitted by you, and to use such individual's identifying or personal information (to the extent such information is used or contained in the Author Content) as contemplated by this Agreement. Furthermore, you represent that the exercise of such rights, licenses and permissions by us and our Licensees shall not violate or infringe the rights of any third party.

15.3. You represent and warrant that the Author Content does not plagiarize or pirate any other work or infringe upon or violate any copyright, trademark, trade secret or other proprietary right.

16. Indemnification

16.1.  Indemnification: You hereby indemnify, and hold us harmless from any and all damages, claims, liabilities, costs, losses and expenses (including, but not limited to, legal costs and attorneys' fees) (collectively, "Claims") arising out of or connected with any claim, demand, or action which arises out of any breach or alleged breach or violation of any of the warranties, representations, covenants or agreements made by you in this Agreement, including, but not limited to, your representations and warranties regarding noninfringement of any copyrights or any other rights in and to any other forms of intellectual property. You will reimburse us, on demand, for any payment made by us at any time with respect to any damage, liability, cost, loss or expense to which the foregoing indemnity applies. Pending the determination of any claim, demand, or action, we may, at our election, withhold payment of any monies otherwise payable to you hereunder in an amount which does not exceed your potential liability to us pursuant to this paragraph.

16.2. Indemnification Request: If we make an indemnification request to you under this Section, we may permit or require you to control the defense, disposition or settlement of the matter at your own expenses, provided that you shall not, without our prior written consent, enter into any settlement or agree to any disposition that requires any admission of liability by Elite Authors or imposes any conditions or obligations on Elite Authors other than the payment of monies that are readily measurable for purposes of determining your monetary indemnification or reimbursement obligations to us. If we, in our reasonable and good faith judgment conclude that you are not capable of defending your or our interests against any Claims, then we shall have the option to control the defense in any matter or litigation through counsel of our own choosing to defend against any such Claim for which you owe Elite Authors an indemnification, and the costs of such counsel, as well as any court costs, shall be at your expense.

17. Dispute Resolution (Binding Arbitration Clause)

17.1 Arbitration: You and Elite Authors each agree to submit to binding arbitration in the event of a dispute, controversy, or claim (each, a “Dispute”) arising out of or in connection with this Agreement or your or Elite Authors’ rights and obligations under this Agreement, or the Website, the use of the Website, and/or the Services. The arbitration will be held in Maryland before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. You may select one of the following arbitration organizations and its applicable rules: the National Arbitration Forum, Box 50191, Minneapolis, MN 55405-0191 (www.arb-forum.com), or JAMS, Two Embarcadero Center Suite 1100 San Francisco, CA 94111 (www.jamsadr.com). If you fail to select an arbitration organization within 30 days after notice from Elite Authors, Authors may select the organization. You may obtain a copy of the rules of each organization by contacting the organization. In the event that any Dispute cannot be submitted to binding arbitration pursuant to the rules of any such organization, such event shall not affect the enforceability of this clause so long as the Dispute may be submitted to binding arbitration with the other organization. You and Elite Authors shall agree on one arbitrator to conduct the arbitration and the arbitrator shall be selected pursuant to the applicable rules. Each party shall be responsible for its own attorney, expert, and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate Elite Authors’ intellectual property rights, Elite Authors may seek injunctive or other appropriate relief in any state or federal court in the State of Maryland, and you consent to exclusive jurisdiction and venue in such courts.

17.2 Arbitration Final: The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act (9 U.S.C. §1 et seq.), and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, the class action waiver contained in this Section 17 shall not apply to such person or persons only, but all other persons shall continue to be governed by the class action waivers contained in this Section 17. 

17.3 No Class Action: This Agreement provides that all Disputes will be resolved by binding arbitration and not in court or by jury trial. BECAUSE THE ARBITRATION WILL BE ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ACTION, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST ELITE AUTHORS INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS MEANS THAT YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.

18. Changes to Terms

18.1. We may update these Terms of Service from time to time, in our sole discretion. Elite Authors reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Website. Any changes will be effective upon posting on our website, and your continued use of our Services constitutes your acceptance of the revised terms.  Elite Authors reserves the right to cease offering any of the Services at any time.  

18.2. You will know we have modified or amended this Agreement when you see a new updated date at the top or bottom of this Agreement. If any modification is unacceptable to you, your only recourse is to terminate your account and discontinue use of the Services. YOUR CONTINUED USE OF THE WEBSITE OR THE SERVICES AFTER THE POSTING OF REVISIONS TO THIS AGREEMENT WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH MODIFICATIONS OR AMENDMENTS.  We encourage you to check the date of this Agreement whenever you visit this Website so that you will know when you need to review the Agreement for changes.

18.3. Notwithstanding the foregoing, no modifications to this Agreement will apply to any dispute between you and Elite Authors that arose prior to the date of such modification.

19. Contact Information

19.1. YOU ARE RESPONSIBLE FOR MAINTAINING A VALID EMAIL ADDRESS ON FILE WITH ELITE AUTHORS FOR SO LONG AS YOU AVAIL YOURSELF OF ANY SERVICES.

19.2. If you have any questions or concerns about this Agreement, please contact us at info@eliteauthors.com or by mail at Elite Authors, Inc., 2800 Quarry Lake Drive, Suite 340, Baltimore, MD 21209.

20. Entire Agreement.

20.1. This Agreement together with any Terms of Service incorporated by reference herein contains the entire understanding of the parties relating to the subject matter hereof. This Agreement supersedes all previous agreements or arrangements between us pertaining to the digital distribution of content, provided that if you previously entered into a digital distribution agreement with us in the past, and elected any options, those options will remain in place under this Agreement. This Agreement cannot be changed or modified except as provided herein. A waiver by either party of any term or condition of this Agreement will not be deemed or construed as a waiver of such term or condition, or of any subsequent breach thereof. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties.

20.2. Binding Effect. This Agreement will be binding on the assigns, heirs, executors, affiliates, agents, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of each of the parties.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Services.

ELITE AUTHORS (A DIVISION OF ELITE CREATIVE, LLC) Elite Authors, Inc., 2800 Quarry Lake Drive, Suite 340, Baltimore, MD 21209.