Terms and Conditions:
GENERAL TERMS Upon adding a product to the cart the Author agrees that the information in the product details section of that product represents the complete Agreement between the Author and Dorrance concerning the subject matter herein and any representations, written or oral, that are not specifically specifically contained herein are abandoned and of no force or effect.
This Agreement is entered into and to be substantially performed in the County of Allegheny and Commonwealth of Pennsylvania.
Author acknowledgments that the services and products contracted for are intended for the business purpose of promoting a literary work commercially and not for any personal, family, or household purpose.
Dorrance has made no representations concerning the likelihood of sales of Author’s literary work and, specifically, no representation that the likelihood of sales will be increased through the purchase of services or products from Dorrance to promote the Author’s literary work. Dorrance’s duties under this Agreement do not arise, and performance may not be required by Author, until Author has fully paid the agreed consideration.
Dispute Resolution; Arbitration Any dispute, controversy, or claim, of whatsoever nature, concerning, arising out of or relating to this Agreement, or the formation or breach thereof, and any dispute, controversy, or claim, of whatsoever nature, arising between Author and Dorrance (including Dorrance’s owners, officers, directors, employees, agents, and sub-contractors) shall be governed by the substantive and procedural law of the Commonwealth of Pennsylvania, including Pennsylvania arbitration law, and shall be resolved by binding arbitration, administered by the American Arbitration Association utilizing the Commercial Rules then in effect, and judgment upon the award rendered by the arbitratorr may be entered in a court having jurisdiction thereof. The parties waive any claim of lost profits or lost opportunities and for consequential, exemplary, special, incidental or punitive damages and for damages in excess of the amounts paid for the services described in this Agreement. The arbitratorr shall have no authority to and shall not make any award to either party in excess of the amounts paid with respect to the services contracted for through this Agreement. The arbitrator shall not and may not, in any event, make any ruling, finding, or award that does not conform to the terms and conditions of this Agreement. The arbitration proceedings shall be held and conducted in Pittsburgh, Pennsylvania. Each party shall be required to appear at the arbitration proceeding in person and expressly waives the right, if any, to appear telephonically or by written submission. Neither the parties not the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. The prevailing party shall be entitled to an award of reasonable attorney’s fees, arbitrator’s fees, and administrative fees.
Dorrance shall not be in default of any provisions of this Agreement if the Author has not fully performed all terms and conditions thereof by him/her to be performed, it being understood that performance by Dorrance is based upon full compliance by the Author. If Author claims that Dorrance has failed to perform any of its obligations to be performed, Dorrance shall not be found in breach of this Agreement unless the Author shall have given written notice of the claimed breach and Dorrance shall have failed to cure the breach within ninety (90) days after receipt of written notice of breach. DISCLAIMER OF WARRANTIES THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THIS AGREEMENT, INCLUDING NO WARRANTY OF MERCHANTABILITY. Unless otherwise specified, the products provided hereunder are not intended for resale. ______________________________________________________________