TERMS & CONDITIONS
OVERVIEW
Please read these Terms and Conditions (“Terms”) carefully before purchasing or participating in any publishing project, author program, book collaboration, publishing package, digital course, training, workshop, coaching service, event, promotional campaign, community, consulting service, downloadable resource, or other product or service from Pinnacle Agency for the Arts LLC, a Florida limited liability company doing business as AMA Publishing (“Company,” “we,” “us,” or “our”).
By completing a purchase, checking the box indicating acceptance of these Terms, submitting materials after agreeing to these Terms, enrolling in a course or program, or accessing purchased Services, the purchaser or participant (“Participant,” “Author,” “Student,” “you,” or “your”) agrees to be bound by these Terms.
If you do not agree to these Terms, you should not purchase, enroll in, participate in, submit materials to, or access the Services.
The specific publishing project, author opportunity, course, product, program, service, price, payment terms, deadlines, deliverables, access period, promotional benefits, and other offer-specific details presented on the applicable sales page, checkout page, order form, author agreement, contributor agreement, enrollment page, or other written offer at the time of purchase are incorporated into these Terms by reference.
Company uses Kajabi and other third-party platforms, including payment processors, email providers, publishing platforms, retailers, distributors, design platforms, file-storage services, video-hosting providers, and community platforms, to deliver, publish, distribute, promote, and process certain Services.
The “Effective Date” is the date on which Participant completes the applicable purchase or otherwise agrees to these Terms.
SECTION 1: SERVICES
1.1 Services
Company provides publishing, educational, promotional, author-development, book-development, marketing, training, coaching, consulting, community, and related services (collectively, “Services”).
The specific Services included in Participant's purchase will be those described on the applicable sales page, checkout page, order form, author agreement, contributor agreement, enrollment page, or other written offer applicable at the time of purchase.
Services may include, depending upon the offer:
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participation in a multi-author book;
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publishing and distribution services;
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book formatting and interior design;
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book-cover design;
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digital or prerecorded courses;
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educational programs and trainings;
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live workshops, classes, trainings, or coaching;
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group calls;
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private coaching or consulting;
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author or student communities;
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bestseller or launch campaigns;
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marketing and promotional resources;
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author bios, profiles, positioning, or promotional assets;
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media, visibility, collaboration, or promotional opportunities;
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templates, guides, worksheets, checklists, prompts, swipe files, or other resources;
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downloadable materials;
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bonuses; and
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other Services specifically identified in the applicable offer.
Unless expressly stated otherwise in writing, no particular publication date, platform, retailer, category, ranking, course instructor, curriculum format, call schedule, launch method, promotional feature, event, bonus, community, technology, or delivery format is guaranteed indefinitely.
Company may reasonably modify the method, schedule, platform, curriculum, instructor, facilitator, format, provider, or delivery of Services, provided that the material substance of the purchased Services is not substantially diminished.
1.2 Publishing Projects
Certain Services may involve participation in a collaborative or multi-author book project.
Each project may have its own theme, submission requirements, word-count limitations, deadlines, publication schedule, promotional campaign, author benefits, pricing, and participation requirements.
Participant agrees to comply with the requirements communicated for the applicable project.
Company may establish reasonable editorial, formatting, production, design, promotional, and publication standards for each project.
1.3 Publication Schedule
Any publication, launch, bestseller campaign, pre-order, submission, or production dates communicated by Company are good-faith target dates unless expressly guaranteed in a separate written agreement.
Publishing schedules may be affected by author submissions, revisions, production requirements, platform approval, retailer processing, technology, shipping, third-party vendors, events outside Company's control, or other circumstances.
Company may reasonably adjust a project schedule when necessary.
1.4 Courses and Educational Programs
Company may offer self-paced courses, live courses, hybrid programs, workshops, trainings, coaching programs, certifications, educational communities, or other learning experiences.
The specific curriculum, modules, lessons, calls, resources, access period, instructor support, community access, and other features included in a course or program will be those described in the applicable offer at the time of purchase.
Company may update, reorganize, expand, replace, remove, or revise lessons, materials, resources, examples, technology, or curriculum when reasonably necessary to keep a course current, improve delivery, address platform changes, or maintain the educational value of the program.
Unless expressly stated otherwise, purchase of a course does not guarantee personal coaching, individualized review, direct access to Company founders or team members, certification, publication, business results, bestseller status, or any other outcome not specifically included in the applicable offer.
1.5 Live Components
Where a course, program, or other Service includes live calls, workshops, coaching sessions, Q&A sessions, author calls, office hours, events, or similar experiences, dates, times, instructors, facilitators, duration, format, and availability may vary.
Company may reasonably reschedule, replace, modify, record, or cancel individual sessions when necessary.
Participant is responsible for attending live sessions Participant wishes to experience live.
Unless specifically promised as part of the applicable offer, recordings or replays of live sessions are not guaranteed.
1.6 Participant Conduct
Participant agrees to behave professionally and respectfully while participating in Company Services, courses, communities, author groups, launch campaigns, calls, events, and collaborative projects.
Participant shall not engage in harassment, threats, discrimination, unlawful conduct, abusive behavior, intentional disruption, spam, fraud, misrepresentation, unauthorized solicitation, infringement of intellectual property rights, or conduct that Company reasonably determines threatens the safety, integrity, reputation, operation, or intended purpose of Company, its Services, communities, authors, students, or participants.
Company may moderate participation, remove content, restrict community access, mute participants, remove Participant from a call or project activity, or terminate access when reasonably necessary to protect Company, its participants, intellectual property, reputation, communities, or Services.
Any financial obligations that survive termination under these Terms remain due notwithstanding removal for Participant misconduct.
SECTION 2: COURSE ACCESS & DIGITAL CONTENT
2.1 Access Period
Participant will receive access to digital courses, programs, communities, or other online Services for the period stated in the applicable offer.
If no specific access period is stated, Company may determine a reasonable access period consistent with the nature of the purchased Service and representations made at the time of purchase.
Access to a course does not necessarily include permanent access to live coaching, communities, instructor support, updates, bonuses, or future versions unless expressly stated in writing.
2.2 Lifetime Access
If Company expressly sells a digital product or course as including “lifetime access,” “lifetime” refers to the commercial life of that particular product or course while Company continues to offer and maintain it, unless Company expressly agrees otherwise in writing.
“Lifetime access” does not mean Participant's lifetime and does not guarantee that any particular platform, technology, website, community, instructor, format, or Company service will operate indefinitely.
If Company retires or materially discontinues a course sold with lifetime access, Company may, where reasonably practicable, provide notice, an opportunity to download eligible materials, alternative access, replacement content, or another reasonable solution.
2.3 Account Security and Login Sharing
Course access and login credentials are licensed to the individual purchaser unless an applicable offer expressly provides for team, company, household, or multi-user access.
Participant may not share usernames, passwords, login credentials, or paid course access with unauthorized persons.
Participant may not purchase a single-user course and use it to train employees, clients, customers, students, members, or other third parties unless Company expressly permits such use in writing.
Company may suspend or terminate access if Company reasonably believes login credentials are being shared, resold, transferred, or otherwise used without authorization.
2.4 Downloadable Materials
Certain course materials may be made available for download.
Permission to download a worksheet, template, checklist, guide, transcript, workbook, prompt, swipe file, or other resource does not transfer ownership of that material or give Participant the right to redistribute, resell, publish, teach, sublicense, upload, or share it with others.
2.5 Technology Requirements
Participant is responsible for maintaining suitable internet access, devices, software, email access, and other technology reasonably necessary to access digital Services.
Company is not responsible for Participant's individual device, browser, internet, firewall, email, software, accessibility, or technical limitations.
SECTION 3: AUTHOR SUBMISSIONS & RESPONSIBILITIES
3.1 Submission Requirements
Where Participant is submitting a chapter, story, biography, photograph, image, endorsement, promotional asset, or other material for publication or promotion (“Author Content”), Participant is responsible for submitting the required materials in the format and by the deadline established for the applicable project.
Company is not responsible for delays, omissions, or reduced participation benefits caused by Participant's failure to submit required materials on time or in the requested format.
3.2 Author Responsibility for Content
Participant is solely responsible for the accuracy, legality, originality, and appropriateness of Author Content submitted to Company.
Participant represents and warrants that Participant owns or has obtained all rights, licenses, permissions, releases, and consents reasonably necessary for Company to use, edit, reproduce, publish, distribute, promote, and display submitted Author Content for the purposes contemplated by the applicable project.
Participant shall not knowingly submit material that infringes another person's copyright, trademark, privacy rights, publicity rights, contractual rights, or other intellectual property or legal rights.
Participant shall not knowingly submit defamatory, fraudulent, unlawful, or materially misleading content.
3.3 Quotes, Stories, Names, and Third Parties
Participant is responsible for obtaining any permissions or releases that may be legally required for quotations, photographs, personal stories, names, trademarks, copyrighted material, or other third-party content included in Participant's submission.
Company's acceptance, review, editing, formatting, publication, or distribution of Author Content does not constitute independent legal review or verification of Participant's rights to use the material.
Participant should consult qualified legal counsel if Participant has questions concerning copyright, trademark, privacy, publicity, defamation, permissions, releases, or other legal issues relating to Author Content.
3.4 Accuracy and Proofing
Participant is responsible for carefully reviewing any proof, draft, biography, author profile, or other material provided for Participant's review.
If Company provides Participant with an opportunity to review or approve material and Participant fails to respond by the stated deadline, Company may proceed using the most recent available version.
Company is not responsible for errors that Participant approved or failed to timely identify during an offered proofing period.
SECTION 4: EDITING, DESIGN & CREATIVE CONTROL
4.1 Editing
Editing, proofreading, rewriting, or editorial review is included only when expressly identified as part of the applicable offer.
If editing is not expressly included, Participant is responsible for submitting publication-ready material that meets the project's requirements.
Company may make reasonable formatting, punctuation, capitalization, spelling, typographical, stylistic, layout, or consistency changes necessary for publication, presentation, or conformity with project standards.
Company will not intentionally materially change the substance or meaning of Participant's story without authorization where such authorization is reasonably required.
4.2 Book Design and Creative Direction
Unless otherwise expressly stated in writing, Company retains final creative and production discretion regarding the collective book project, including cover design, interior layout, typography, formatting, book title, subtitle, project branding, retailer metadata, category selection, pricing strategy, promotional presentation, and other project-level creative decisions.
Participant's purchase of a contributor or author position does not grant Participant ownership or approval rights over the collective project's overall branding, design, title, production, marketing, or publication decisions unless expressly provided in writing.
SECTION 5: FEES, PAYMENTS, SUBSCRIPTIONS & PAYMENT PLANS
5.1 Fees
Participant agrees to pay the price presented and accepted at checkout or otherwise agreed in writing.
Prices, discounts, promotional offers, bonuses, author packages, course packages, upgrades, and payment options may change from time to time. Participant's purchase is governed by the price and payment arrangement accepted at the time of that purchase.
5.2 One-Time Purchase
A one-time purchase requires a single payment for the applicable Services, course, product, or participation package.
5.3 Installment or Payment Plan
A payment plan divides one total purchase price into multiple payments.
A payment plan is not a month-to-month subscription unless expressly identified as such at checkout.
By selecting a payment plan, Participant commits to pay the entire purchase price.
Participant's decision to stop participating, withdraw from a project, fail to submit materials, decline to promote, stop watching course content, stop attending calls, or stop accessing Services does not cancel remaining installment payments unless Company expressly agrees otherwise in writing or applicable law requires otherwise.
5.4 Recurring Subscription or Membership
If Company offers a recurring course membership, educational membership, resource library, community, or other subscription Service, recurring payments will be charged at the billing interval disclosed at checkout.
Unless otherwise expressly stated, recurring subscriptions automatically renew until canceled.
By purchasing a recurring subscription, Participant authorizes Company and its payment processors to charge the payment method on file for each renewal payment until canceled.
5.5 Subscription Cancellation
Participant may cancel a recurring subscription using the cancellation method made available by Company or the applicable platform.
Cancellation prevents the next scheduled renewal charge.
Unless otherwise expressly stated, Participant will continue to have access through the end of the billing period for which payment has already been made.
Cancellation does not result in a prorated refund for unused time during a previously paid billing period.
Canceling a subscription does not cancel amounts already due or amounts owed under a separate installment payment plan.
5.6 Payment Authorization
Participant authorizes Company and its third-party payment processors to charge the payment method provided by Participant for amounts due under the selected purchase arrangement.
Participant is responsible for maintaining accurate and current billing information.
If a scheduled payment fails, Company may make additional reasonable attempts to process the payment and may suspend or restrict access to Services until the account is brought current.
Company's failure to process a payment on its originally scheduled date does not waive Participant's obligation to pay amounts legitimately due.
5.7 Late Payments
Amounts that remain unpaid when due may accrue interest at a rate of five percent (5%) per year or the maximum amount permitted by applicable law, whichever is lower.
Company may suspend access to Services while an account is past due.
SECTION 6: REFUNDS, WITHDRAWALS & TRANSFERS
6.1 Refund Policy
All Services, courses, digital products, and publishing-project purchases are NON-REFUNDABLE and non-transferable unless otherwise expressly stated in writing by Company, stated as part of the applicable offer, or required by applicable law.
Many Company Services provide immediate access to digital content, intellectual property, training, resources, communities, publishing capacity, production preparation, promotional planning, coaching, events, or other benefits immediately or shortly after purchase.
Company therefore does not generally offer refunds merely because Participant changes their mind, fails to participate, does not watch course content, fails to complete a course, misses calls, fails to submit Author Content, misses a deadline, does not participate in a launch campaign, fails to use included resources, decides not to publish, or determines that the Services are no longer needed.
6.2 Course Completion
Participant's failure to begin, complete, implement, or use a purchased course or educational program does not create a right to a refund.
The value of a course is not conditioned upon Participant completing every module, attending every session, or achieving any particular result.
6.3 Withdrawal From a Publishing Project
Participant may notify Company that Participant no longer wishes to participate in a publishing project.
Withdrawal does not automatically create a right to a refund and does not eliminate outstanding payment obligations.
Company may, in its discretion, determine whether a withdrawn author position may be reassigned, transferred, credited, or otherwise accommodated.
No such accommodation is required unless expressly promised in writing.
6.4 Approved Refunds
If Company approves or is required to issue a refund, including a refund resulting from a billing, coupon, promotional, or processing error, the refund will generally be processed through the applicable payment system and returned to the original payment method used for the purchase.
Company does not ordinarily issue refunds to an alternative payment method.
Refund processing times may depend upon the payment processor and Participant's financial institution.
6.5 Offer-Specific Guarantees
If a particular course, publishing project, or other offer expressly includes a written refund guarantee or different refund policy, the specific written terms of that guarantee or policy will apply to that offer.
No refund guarantee should be inferred from marketing language, testimonials, previous projects, prior practices, results claims, or another Company's offer.
SECTION 7: ROYALTIES, COMPENSATION & BOOK SALES
7.1 Royalties
Participation in a multi-author or collaborative AMA Publishing project does not entitle Participant to royalties, profit participation, revenue sharing, ownership of publishing proceeds, or other compensation from sales of the collective book unless a specific written agreement expressly states otherwise.
If an applicable project does provide royalties or another compensation arrangement, those terms will be stated separately in writing and will control for that project.
7.2 Author Copies
Free, discounted, or wholesale author copies are included only when expressly identified in the applicable offer.
Shipping, taxes, customs charges, duties, printing costs, retailer charges, or other costs relating to physical books may apply as disclosed for the applicable project or purchase.
7.3 Retail Pricing
Unless otherwise agreed in writing, Company may establish and modify the retail price, promotional price, launch price, ebook price, print price, or other pricing associated with a Company-controlled collective publication.
SECTION 8: BESTSELLER CAMPAIGNS & PROMOTIONAL RESULTS
8.1 Bestseller Campaigns
Company may provide strategies, promotional campaigns, launch coordination, resources, training, author activation plans, or other Services intended to support book sales, visibility, rankings, or bestseller campaigns.
Bestseller rankings are determined by third-party retailers, platforms, publications, organizations, algorithms, reporting systems, or market activity outside Company's complete control.
Company does not guarantee that any particular book or author will achieve, maintain, or appear on any specific bestseller list, category, platform, ranking, or position unless a specific written agreement expressly provides otherwise.
8.2 No Guarantee of Book Sales
Company does not guarantee any particular number of book sales, downloads, reviews, rankings, media features, speaking engagements, clients, leads, revenue, partnerships, opportunities, or other outcomes arising from participation in a publishing project.
Results may depend upon the project, market, book, category, audience, author participation, promotional activity, timing, platform algorithms, consumer demand, competition, and circumstances outside Company's control.
8.3 Author Promotion
Where Company provides authors with promotional plans, assets, launch instructions, campaigns, or suggested activities, Participant remains responsible for Participant's own implementation unless the applicable offer expressly states that Company will perform a specific promotional activity on Participant's behalf.
SECTION 9: COURSE RESULTS & EDUCATIONAL DISCLAIMER
9.1 Educational Nature of Courses
Courses, trainings, workshops, coaching, templates, frameworks, examples, prompts, and other educational Services are designed to provide information, strategies, tools, perspectives, and resources that Participants may choose to apply.
Company does not guarantee that completing or implementing any course, lesson, strategy, framework, process, or recommendation will produce a particular publishing, financial, marketing, visibility, business, author, media, or personal result.
9.2 Participant Responsibility
Participant is responsible for evaluating course information and deciding how, whether, and when to implement it.
Results depend upon numerous factors, including Participant's skills, experience, effort, implementation, decisions, market, audience, story, business model, offer, network, resources, timing, third-party platforms, and circumstances outside Company's control.
9.3 Examples and Case Studies
Examples, demonstrations, testimonials, case studies, author results, bestseller results, sales results, client results, and other outcomes discussed within a course are provided for educational or illustrative purposes.
They should not be interpreted as promises, predictions, or guarantees that Participant will achieve the same or similar results.
9.4 No Accreditation Unless Expressly Stated
Unless expressly stated in the applicable offer, Company courses are not accredited academic programs and do not provide college credit, professional licensure, governmental certification, or credentials recognized by a regulatory body.
Any certificate of completion or Company-issued designation represents completion or participation under Company's own program standards and does not imply governmental or third-party accreditation unless expressly stated.
SECTION 10: AMAZON & THIRD-PARTY PLATFORMS
Company may publish, distribute, promote, advertise, host, deliver, list, or sell books, courses, products, or Services through Amazon, Amazon Kindle Direct Publishing, Kajabi, retailers, distributors, wholesalers, social-media platforms, email providers, payment processors, publishing software, printing companies, video platforms, community platforms, or other third-party platforms and service providers.
Third-party platforms operate independently and may change their algorithms, categories, policies, approval processes, metadata requirements, pricing, availability, ranking systems, account rules, production timelines, distribution methods, technology, or other features at any time.
Company does not control and cannot guarantee uninterrupted availability, approval, ranking, categorization, distribution, printing, delivery, listing, hosting, course access, or performance through a third-party platform.
Company shall not be considered in breach merely because a third-party platform changes its rules, rejects or delays content, experiences an outage, alters a category, modifies an algorithm, suspends a service, changes availability, discontinues functionality, or otherwise acts outside Company's reasonable control.
SECTION 11: INTELLECTUAL PROPERTY
11.1 Participant's Author Content
Participant retains ownership of Participant's original Author Content except to the extent otherwise expressly agreed in a separate written publishing, licensing, or contributor agreement.
By intentionally submitting Author Content to Company for publication, promotion, distribution, marketing, author profiling, or inclusion in a Company project, Participant grants Company a non-exclusive, worldwide, royalty-free license to use, reproduce, edit, format, publish, display, distribute, advertise, market, archive, and promote the Author Content for purposes reasonably related to the applicable project and Company's promotion of that project.
This license is subject to any additional written publishing or contributor agreement between Company and Participant.
11.2 Company Intellectual Property
All Company-created materials, including but not limited to courses, lessons, videos, recordings, audio files, training materials, frameworks, methodologies, systems, processes, templates, worksheets, prompts, swipe files, graphics, designs, presentations, written materials, promotional campaigns, author resources, program names, branding, strategies, and other original content (“Company Materials”), are owned by Company or used by Company with permission.
Purchase of Services does not transfer ownership of Company Materials to Participant.
Company grants Participant a limited, revocable, non-exclusive, non-transferable license to access and use Company Materials for Participant's own personal or internal business use in connection with the purchased Services.
Unless Company expressly authorizes otherwise in writing, Participant may not reproduce, distribute, sell, sublicense, republish, upload, share, teach, copy, record, commercially exploit, create derivative training products substantially based upon, create competing products substantially derived from, or otherwise make Company Materials available to third parties.
Nothing in this Section prohibits Participant from applying concepts, strategies, principles, or skills learned through Company Services to Participant's own work or business.
11.3 Prohibition on Course Sharing and Replication
Participant may not use Company's courses, curriculum, frameworks, videos, worksheets, templates, scripts, training materials, or other proprietary resources to create, teach, license, sell, or distribute a substantially similar course, training, certification, membership, coaching program, or educational product using Company's protected expression or proprietary materials.
This restriction does not prevent Participant from independently developing or teaching ideas, skills, knowledge, or general concepts that are not protected by Company's intellectual property rights.
11.4 Collective Publication
Except for Participant's rights in Participant's individual original contribution and except as otherwise stated in a written agreement, Company retains all rights it owns in the collective publication, including Company-created cover design, book design, project branding, compilation, layout, promotional assets, marketing materials, and other Company-created elements.
Participant may identify themselves as an author or contributing author of the applicable book and may use promotional materials expressly provided or authorized by Company for that purpose.
SECTION 12: AUTHOR NAME, IMAGE & PUBLICITY
12.1 Author Promotion
Participant understands that participating in an AMA Publishing project may involve public promotion of Participant as an author or contributor.
Participant authorizes Company to use Participant's submitted name, approved biography, photograph, likeness, book contribution, public social-media handle, and approved promotional information for purposes of publishing, marketing, distributing, promoting, and publicizing the applicable project and Participant's involvement in it.
12.2 Interviews, Events and Recordings
Certain author calls, course sessions, events, interviews, trainings, launch celebrations, workshops, livestreams, or other group experiences may be photographed, livestreamed, or recorded.
When Company intends to record a session, Company will provide reasonable notice where appropriate.
By knowingly participating in a recorded group experience, Participant understands that Participant's name, image, voice, statements, chat messages, or participation may appear in the recording.
Company may use recordings of Company-hosted experiences for legitimate publishing, educational, promotional, replay, archival, and marketing purposes, subject to applicable law.
12.3 Testimonials
Company will not treat Participant's purchase alone as consent to fabricate, materially alter, or falsely attribute a testimonial to Participant.
Where Company and Participant enter into a specific testimonial, case-study, promotional, ambassador, affiliate, launch-team, book-partner, or similar arrangement, additional written terms or releases may apply.
SECTION 13: COMMUNITIES & COLLABORATION
Certain AMA Publishing Services may include access to an author community, course community, private group, launch environment, Kajabi community, Facebook group, or other collaborative space.
These communities may facilitate education, promotion, support, networking, introductions, referrals, collaboration, launch activity, feedback, and relationship-building.
Company does not guarantee that any particular author, student, participant, media contact, business owner, speaker, affiliate, partner, representative, instructor, or other person will respond to Participant or provide any particular referral, introduction, collaboration, sale, review, interview, client, media opportunity, speaking engagement, partnership, or other result.
Participant may not scrape, harvest, download, copy, or systematically collect author, student, customer, or member information for unsolicited mass marketing.
Participant may not use confidential Company or participant information to spam, indiscriminately solicit, or target members.
Company may establish reasonable community-specific promotional, confidentiality, participation, and solicitation rules.
SECTION 14: BONUSES & SPECIAL ACCESS
Bonuses, special pricing, promotional benefits, author upgrades, featured placements, course bonuses, launch opportunities, additional trainings, and add-ons are governed by the terms presented with the applicable offer.
Unless expressly stated otherwise, bonuses have no cash value, are non-transferable, and may not be exchanged for other Services.
Company may replace or discontinue bonus materials when reasonably necessary.
Temporary inability to access a bonus does not automatically create a right to a refund of the underlying purchase.
SECTION 15: DISCLAIMERS & NO GUARANTEES
15.1 Publishing and Educational Purposes
Company's Services are provided for publishing, educational, informational, promotional, author-development, and business-development purposes.
Participant remains responsible for Participant's own decisions, content, implementation, marketing, promotion, business activities, and results.
15.2 No Guarantee of Results
Company does not guarantee any particular book sales, bestseller ranking, revenue, profit, client count, audience growth, course result, publishing outcome, media exposure, speaking opportunity, review, partnership, collaboration, visibility, business opportunity, or other outcome.
Testimonials, author stories, student stories, case studies, examples, bestseller results, business results, and prior project outcomes represent the experiences of particular individuals, books, businesses, or campaigns and do not guarantee that Participant will achieve the same or similar results.
15.3 No Professional Advice
Company and its representatives are not acting as Participant's attorney, accountant, financial advisor, investment advisor, tax advisor, literary agent, or other licensed professional merely by providing publishing, educational, promotional, coaching, or business-development Services.
Participant should obtain advice from qualified professionals when Participant's circumstances require professional legal, tax, accounting, intellectual-property, financial, or other advice.
15.4 Third Parties
Company may introduce, feature, recommend, collaborate with, hire, host, or provide access to authors, editors, designers, contractors, affiliates, media professionals, speakers, instructors, businesses, platforms, retailers, distributors, or third-party service providers.
Unless expressly stated otherwise, Company does not control and is not responsible for the independent conduct, products, services, representations, advice, transactions, policies, or performance of third parties.
Participants are responsible for conducting their own due diligence before entering into independent business arrangements with third parties.
SECTION 16: WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
COMPANY DOES NOT WARRANT THAT SERVICES, COURSES, WEBSITES, DIGITAL CONTENT, THIRD-PARTY PLATFORMS, RETAILER LISTINGS, DISTRIBUTION SYSTEMS, COMMUNITIES, TECHNOLOGY, OR OTHER SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR AVAILABLE AT ALL TIMES.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THE SERVICES, COURSES, PUBLICATION, DISTRIBUTION, PROMOTION, OR PARTICIPANT'S INVOLVEMENT IN A PROJECT.
TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY'S AGGREGATE LIABILITY ARISING FROM OR RELATING TO A PARTICULAR PURCHASE SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY PARTICIPANT TO COMPANY FOR THE SERVICE GIVING RISE TO THE CLAIM.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.
SECTION 17: INDEMNIFICATION
To the fullest extent permitted by applicable law, Participant agrees to indemnify and hold harmless Company and its members, managers, employees, contractors, representatives, and agents from third-party claims, liabilities, losses, damages, costs, and reasonable attorneys' fees arising from Participant's material breach of these Terms, unlawful conduct, Author Content, infringement of third-party rights, violation of privacy or publicity rights, defamatory or unlawful submissions, misrepresentation regarding Participant's ownership or permission to use submitted materials, unauthorized distribution of Company Materials, or misuse of the Services.
SECTION 18: CHARGEBACKS & PAYMENT DISPUTES
Participant is encouraged to contact Company at [email protected] promptly regarding any suspected billing error or payment dispute so Company has an opportunity to investigate and resolve the matter.
Nothing in these Terms is intended to eliminate any rights Participant may have under applicable law or applicable payment-network rules.
However, initiating a chargeback or payment dispute does not automatically eliminate contractual amounts legitimately owed to Company.
Company reserves the right to respond to and contest chargebacks, submit relevant transaction and contractual documentation to payment processors or financial institutions, suspend access or project benefits while a payment dispute is pending where appropriate, and pursue amounts lawfully owed to Company through available legal remedies.
Participant shall not knowingly make false statements, provide fraudulent information, or materially misrepresent the nature of a transaction in connection with a payment dispute.
SECTION 19: TERM & TERMINATION
19.1 Term
These Terms become effective on the Effective Date and remain applicable for the duration of Participant's participation in, access to, or obligations concerning the purchased Services and for any provisions that by their nature survive termination.
19.2 Termination by Company
Company may terminate or suspend Participant's access to Services or participation in project activities for material breach of these Terms.
Where reasonably appropriate, Company may provide Participant an opportunity to cure a breach before termination.
Company may immediately suspend or remove Participant without a cure period where Company reasonably determines that Participant's conduct involves fraud, unlawful activity, harassment, threats, infringement, unauthorized sharing or resale of Company Materials, knowingly unauthorized content, serious project or community disruption, misuse of Company intellectual property, intentional misconduct, or conduct presenting material legal, financial, operational, or reputational risk to Company or others.
19.3 Termination or Discontinuation by Participant
Participant may discontinue participation in a course, program, community, or other Service at any time.
Discontinuing participation does not create a right to a refund or eliminate amounts legitimately owed under a one-time purchase or installment payment plan.
Recurring subscriptions may be canceled as otherwise provided in these Terms.
19.4 Effect of Termination
Termination, withdrawal, cancellation, or expiration of Services does not eliminate payment obligations incurred before termination or obligations that expressly or by their nature survive termination, including confidentiality, intellectual property, content licenses, payment obligations, dispute provisions, limitations of liability, and indemnification.
SECTION 20: DISPUTE RESOLUTION
20.1 Good-Faith Notice
Before filing a lawsuit relating to these Terms, the Party asserting a dispute shall provide the other Party written notice describing the dispute and allow a reasonable opportunity for the Parties to attempt to resolve the matter in good faith.
20.2 Mediation
If the Parties cannot resolve the dispute informally, the Parties agree, to the extent permitted by applicable law, to attempt mediation before commencing litigation.
Unless otherwise agreed, mediation shall take place in Florida or remotely and the Parties shall share the mediator's fees equally.
Nothing in this provision prevents either Party from seeking emergency or temporary injunctive relief when reasonably necessary to protect intellectual property, confidential information, publishing rights, or other rights for which immediate equitable relief may be appropriate.
20.3 Governing Law
These Terms shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where applicable law requires otherwise.
20.4 Venue
To the fullest extent permitted by applicable law, any litigation arising from these Terms shall be brought in a court of competent jurisdiction in Sarasota County, Florida, unless the Parties agree otherwise in writing or applicable law requires another venue.
20.5 Attorneys' Fees
Where permitted by applicable law, the prevailing Party in litigation arising from a material breach of these Terms may seek recovery of reasonable attorneys' fees and costs to the extent awarded by the court.
SECTION 21: NON-DISPARAGEMENT & LAWFUL COMMUNICATIONS
The Parties agree not to knowingly make false statements of fact about the other Party with the intent to materially harm the other Party's business or reputation.
Nothing in these Terms prohibits either Party from:
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providing an honest review or opinion;
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reporting suspected unlawful conduct;
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communicating with law enforcement, regulators, attorneys, financial institutions, payment processors, retailers, platforms, or other governmental or legal authorities;
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responding truthfully to legal process;
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exercising rights protected by applicable law; or
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making truthful statements concerning their experience.
Nothing in this Section creates liability for lawful expression that would otherwise be protected by applicable law.
SECTION 22: GENERAL PROVISIONS
22.1 Entire Agreement
These Terms, together with the applicable checkout page, sales page, enrollment page, order form, publishing agreement, contributor agreement, author agreement, offer-specific written terms, and any other written agreement expressly incorporated into the purchase, constitute the agreement between Company and Participant concerning the purchased Services.
They supersede prior discussions or understandings concerning the same subject matter.
If an offer-specific written term, publishing agreement, contributor agreement, author agreement, enrollment agreement, or other specific written agreement expressly conflicts with these general Terms, the more specific written term will control with respect to that particular project or purchase.
22.2 Amendments
Company may update these Terms from time to time.
Changes will apply prospectively unless otherwise permitted by law and will not retroactively materially alter Participant's existing payment obligations or purchased benefits without Participant's agreement where such agreement is required.
Company may reasonably modify Services as otherwise provided in these Terms.
22.3 Assignment
Company may assign or transfer its rights and obligations under these Terms in connection with a merger, acquisition, restructuring, sale of assets, change of control, publishing transaction, or other legitimate business transaction.
Participant may not transfer or assign purchased Services, course access, author positions, participation rights, or contractual rights without Company's written consent unless expressly permitted by the applicable offer.
22.4 Notices
Formal notices under these Terms shall be sent by email.
Notices to Company shall be sent to:
Participant is responsible for maintaining a current email address with Company.
Electronic notices will be considered received when successfully transmitted unless the sender receives notice that delivery failed, subject to applicable law.
22.5 Severability
If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.
22.6 Waiver
Failure by either Party to enforce a provision of these Terms on one occasion does not waive the right to enforce that provision or another provision in the future.
22.7 Force Majeure
Neither Party shall be liable for delay or failure to perform obligations, other than payment obligations already incurred, when the delay or failure results from circumstances reasonably beyond that Party's control, including natural disasters, severe weather, war, terrorism, civil unrest, governmental action, epidemics or pandemics, labor disruptions, utility failures, printing or distribution interruptions, retailer outages, widespread internet or technology outages, shipping disruptions, or failure of critical third-party infrastructure.
22.8 Headings
Headings are provided for convenience and do not limit or modify the meaning of these Terms.
22.9 Electronic Agreement
Participant agrees that electronic acceptance of these Terms, including checking an acceptance box, enrolling in a course, or completing a purchase through a checkout that incorporates these Terms, may constitute Participant's agreement to these Terms to the extent permitted by applicable law.
SECTION 23: CONTACT
Questions regarding these Terms, publishing projects, courses, billing, payments, submissions, access, or Services may be directed to:
Pinnacle Agency for the Arts LLC
dba AMA Publishing
Email: [email protected]