TERMS & CONDITIONS
This document was last updated on November 15, 2023.
Please read these Terms and Conditions (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the PublicationAcademy.org Website, you agree to comply with and be bound by these Terms.
These Terms constitute a legally binding agreement (“Agreement”) between you and Publication Academy Inc. (“Publication Academy” or “we,” “us,” or “our”) governing your access to and use of the PublicationAcademy.org Website, including any Web pages thereof (collectively, the “Website”) and all associated Services (defined below).
1. All of the following constitute the “Services”:
1.1 “User Services” refers to all services related to paid memberships or course subscriptions and other services offered in conjunction to those services on PublicationAcademy.org.
“Member Services” refers to all services received by Publication Academy Members as listed on PublicationAcademy.org.
For purposes of this Agreement, User Services and Member Services are collectively, “Services”.
1.2 By becoming a Member or accessing User Services, you signify your knowledge of and agreement to all terms set forth in these Terms and our Privacy Policy, which is incorporated into these Terms and together constitute our legal agreement with you. If you do not agree to the Terms, you should not subscribe to or access the Services. These Terms, including our Privacy Policy, apply to all Members and users and are binding.
1.3 Click here to review our Privacy Policy, which is part of these Terms and part of your legal agreement with Publication Academy.
1.4 The effective date of the Terms and Privacy Policy will be shown at the top of each page. The changes will be effective immediately upon our posting of the revised Terms and/or Privacy Policy.
2. Description and Terms of Services:
2.1 Publication Academy provides On Demand online video-based homestudy courses along with associated handouts, templates, checklists, exercises, quizzes, evaluation forms, and other written materials listed on https://www.publicationacademy.org/pricing/. Services are provided via three different types of Memberships, and individuals who fall into any of those three types will hereinafter be referred to as “Members”:
- Student Memberships, which allow one user (an individual person who is currently a student at an institution of higher education and registers using a university email address) to access the On Demand online course Content mentioned in Section 1. Each subscription is for a one-year period with an annual auto renewal unless the Member cancels the annual renewal prior to the anniversary date. Publication Academy shall provide the Member with thirty (30) days’ prior notice of such renewal. Member has the option to pay the fee listed on https://www.publicationacademy.org/pricing/ as the full year payment in advance or make 12 monthly payments each starting on the date of becoming a Member. All payments must be made by using a credit or debit card.
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- Student Members are required to update their card information on file if it expires, replaced, or canceled, and/or if their billing address changes. Publication Academy is not responsible if a Student Member does not update their credit card or billing address information, or if a notice of late payment is sent to the wrong location or e-mail address. In such cases, the Student Member must still pay for the remainder of the full Term.
- If Publication Academy is unable to collect payments that are overdue by 30 days or more for any Student Member and Publication Academy decides to turn the overdue account over to a collection agency and/or takes other action against the Student Member to collect any amounts owed to it, including litigation, the Student Member would then be obligated to pay all costs incurred by Publication Academy in doing so, including the fees charged by the collection agency and attorneys’ fees and costs in addition to the overdue payment plus interest at the rate of 2.0% per month (24% APR).
- Individual Memberships, which allow one user (an individual person who is not currently a student) to access the On Demand online course Content mentioned in Section 1. Each subscription is for a one-year period with an annual auto renewal unless the Member cancels the annual renewal prior to the anniversary date. Publication Academy shall provide the Member with thirty (30) days’ prior notice of such renewal. Member has the option to pay the fee listed on https://www.publicationacademy.org/pricing/ as the full year payment in advance or make 12 monthly payments each starting on the date of becoming a Member. All payments must be made by using a credit or debit card.
- Individual Members are required to update the card information on file if it expires, replaced, or canceled, and/or if their billing address changes. Publication Academy is not responsible if an Individual Member does not update their credit card or billing address information, or if a notice of late payment is sent to the wrong location or e-mail address. In such cases, the Individual Member must still pay for the remainder of the full Term.
- If Publication Academy is unable to collect payments that are overdue by 30 days or more for any Individual Member and Publication Academy decides to turn the overdue account over to a collection agency and/or takes other action against the Individual Member to collect any amounts owed to it, including litigation, the Individual Member would then be obligated to pay all costs incurred by Publication Academy in doing so, including the fees charged by the collection agency and attorneys’ fees and costs in addition to the overdue payment plus interest at the rate of 2.0% per month (24% APR).
- Institutional Memberships, which allow multiple authorized users employed or funded by the same entity (e.g., university, college, hospital, foundation, non-profit, government agency, private or public company) to access the On Demand online course Content, supervision and consulting services. The price of an Institutional Membership is negotiated between Publication Academy and the institution based on the proposed customized program to meet the unique needs of the institutions. To request a price quote for an institutional subscription, complete the Request Quote form on https://www.publicationacademy.org/pricing/
- Institutional Members are required to designate one group administrator to be the primary contact with Publication Academy and to provide Publication Academy with e-mail addresses of all the individuals in their group who the administrator wishes to receive access to the Member Services.
- The designated group administrator also agrees to inform Publication Academy in writing via e-mail (support@publicationacademy.org) of any additions and deletions of e-mail addresses they wish to make depending on changes in their organization and staff.
3. Purchases on Behalf of Others:
3.1 If access to Services is purchased by an individual on behalf of either a different individual or a group of individuals, the purchasing individual must e-mail support@publicationacademy.org with the name(s) and e-mail address(es) of the individual(s) who they wish to receive access. Publication Academy has fulfilled its obligations when it sends access details to the e-mail address(es) provided to it by the purchasing individual. If an individual in a group receives access to the Services and then leaves the group, their username and password may not be disclosed or shared with any new individual. Hence, Services will need to be purchased separately for the new individual to obtain access.
4. Content and Acceptable Usage:
4.1 For purposes of this Agreement, “Content” refers to all course content, media and materials for the Services, all software, code, design, text, images, artwork, photographs, computer graphics, audio and video material, media files, as well as any accompanying materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed, alone or in conjunction with other works, characters, real or imaginary, in any part of the world. All Content is owned and controlled by Publication Academy. The Content is protected by trademark, trade dress, copyright, and/or other intellectual property rights of Publication Academy against any uses not expressly permitted in these Terms. All worldwide rights, title and interest in and to the Content are owned exclusively by Publication Academy. Users and Members do not own any rights in or to the Content other than the right to receive the Member Services in accordance with these Terms.
4.2 The Content is intended solely for Member’s personal use. Members shall not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the Content. Any use of any of the Content on any other website or application is strictly prohibited.
4.3 By becoming a Member, Publication Academy does not transfer title or any other rights in or to the Services. All rights not expressly granted in these Terms are reserved to Publication Academy.
4.4 You shall not share, forward, transfer, upload, post or transmit in any manner any portion of any Services or Content unless you have first received written permission from Publication Academy.
4.5 You shall not use the Content to operate a service bureau or for any other use involving the processing of data of others. You shall not alter or remove any copyright notice or proprietary legend contained in or on the Services or Content.
4.6 On Demand online video-based homestudy courses along with associated handouts, templates, checklists, exercises, quizzes, evaluation forms, and other written materials listed on PublicationAcademy.org may be protected so that they cannot be printed, copied, or transferred to another website. The Services may not be posted onto any network or disseminated in any other way without the written permission of Publication Academy.
5. Stackable Microcredentials and Certifications:
5.1 Members who complete a pre-specified set of courses will be eligible to receive a Digital Badge Micro-credential. A full list of currently available microcredentials and the courses required for each can be found at: https://www.publicationacademy.org/digital-badge-microcredentials. Members who receive a pre-specified set of Digital Badge Microcredentials will be eligible to receive one of three trademarked certifications: (1) Basic Certified Academic Publishing Specialist (CAPS)TM, (2) Advanced Certified Academic Publishing Specialist (A-CAPS)TM, and (3) Master Certified Academic Publishing Specialist (M-CAPS)TM. A full list of currently available certifications and the microcredentials required for each can be found at: https://www.publicationacademy.org/pricing/. An e-mail will be sent once requirements for the Digital Badge and Microcredentials have been fulfilled. The e-mail will have attached to it the vector emblem for your completed microcredential or certification. Publication Academy does not make any representation or guarantee that you will obtain a particular result or employment opportunity based on these microcredentials or certifications. In addition, to be clear: You understand that the term “Master” in “Master Certified Academic Publishing Specialist” is not the same as obtaining a Master’s degree from an accredited university.
6. General Terms:
6.1 By using the Services, you agree to and certify the following:
- a) You are at least 18 years of age;
- b) The information you have provided with respect to your account is correct;
- c) You have not and will not obtain or attempt to obtain or allow others to obtain any Content, materials or information through any means that are not authorized by these Terms;
- d) You will not intentionally or unintentionally violate these Terms or any applicable local, state, national, or international law and any regulations having the force of law;
- e) You will not provide support or resources, or conceal or disguise the nature, location, source, or ownership of support or resources, to any organization designated by the United States of America (USA) Government as a foreign terrorist organization pursuant to the Immigration and Nationality Act, 8 U.S.C. 1189, or any person or organization that is on the U.S. Department of the Treasury’s Specially Designated Nationals List located at http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx or the U.S. Department of Commerce’s Table of Deny Orders located at https://www.bis.doc.gov/index.php/policy-guidance/lists-of-parties-of-concern/denied-persons-list; and
- f) You agree to allow Publication Academy to send materials to the e-mail address(es) provided during the time of sign-up. Except as otherwise required by law, the Publication Academy will not provide third parties with your information without your express written consent. See our Privacy Policy for information on what information we collect, how we use it and who may have access to your information through your use of the Site.
- g) It is the Member’s responsibility to have appropriate hardware and software to access the Content of the Services.
7. Disclaimers:
7.1 MEMBERS ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THE SERVICES AND CONTENT WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW, PUBLICATION ACADEMY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS AND IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, CUSTOM, AND CONFIDENTIALITY OF USE OR INFORMATION.
PUBLICATION ACADEMY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICES OR CONTENT, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THE SERVICES, ANY CORRECTIVE EFFORTS FOR ANY DEFECTS OR ERRORS ON OR IN THE SERVICES OR CONTENT, THE ABSENCE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, ANY SECURITY BREACHES, OR THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT.
PUBLICATION ACADEMY EXPRESSLY DISCLAIMS ANY WARRANTY THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. IT IS ENTIRELY YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE SERVICES IS LAWFUL WHERE YOU ARE LOCATED. BY USING THE SERVICES, YOU WARRANT TO PUBLICATION ACADEMY THAT YOU ARE COMPLYING WITH APPLICABLE LAW WHEN YOU ACCESS THE SERVICES IN EVERY JURISDICTION WHERE YOU ACCESS THE SERVICES.
COSTS ASSOCIATED WITH ANY SERVICING, REPAIR, OR CORRECTION ASSOCIATED IN ANY WAY WITH ANY USE OF THE SERVICES OR CONTENT ARE THE USER’S AND MEMBER’S SOLE RESPONSIBILITY.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES. THE EXCLUSIONS, LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL ALWAYS BE CONSTRUED TO BE EFFECTIVE TO THE FULLEST EXTENT OF THE LAW. YOU SHOULD CONSULT YOUR OWN LEGAL ADVISOR SHOULD YOU WISH TO DETERMINE THE LAWS AND REGULATIONS THAT APPLY TO YOU.
8. Limitation of Liability:
8.1 UNDER NO CIRCUMSTANCES SHALL PUBLICATION ACADEMY OR ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SPONSORS, INVESTORS OR PROMOTIONAL PARTNERS OR THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS OR AGENTS (ALL ARE THE “PUBLICATION ACADEMY PARTIES”) BE LIABLE FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER TYPE OF DAMAGE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND RESULTING FROM OR IN ANY WAY ASSOCIATED WITH (A) THE SERVICES OR CONTENT, (B) ANY LINKED APPLICATION OR WEBSITE, (C) USE OF OR THE INABILITY TO USE THE SERVICES, (D) ANY ACTION TAKEN RELATED TO AN INVESTIGATION BY THE PUBLICATION ACADEMY PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICES; (E) ANY ACTION TAKEN RELATED TO A CLAIM OR COMPLAINT BY A COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNER, (F) ANY ERRORS OR OMISSIONS IN THE CONTENT, OR (G) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (H) DEATH OR PERSONAL INJURY.
8.2 THIS LIMITATION OF LIABILITY APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE DAMAGE IS FORESEABLE OR IF PUBLICATION ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE. IF FOR ANY REASON THE PUBLICATION ACADEMY PARTIES ARE FOUND TO BE LIABLE, OUR AGGREGATE TOTAL LIABILITY TO YOU OR ANY OTHER PARTY OR PARTIES CLAIMING WITH, UNDER OR THROUGH YOU, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE, SHALL EXCEED THE TOTAL AMOUNT PAID BY YOU DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM, IF ANY, TO PUBLICATION ACADEMY AS A SUBSCRIBER OF THE SERVICES, NOTWITHSTANDING THE NUMBER OF CLAIMS AND NOTWITHSTANDING ANY CLAIM THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE, BUT IN NO EVENT SHALL THE TOTAL AGGREGATE AMOUNT THAT YOU MAY RECOVER BE MORE THAN $1000.00. YOU UNDERSTAND AND AGREE THAT NO CLAIM OR ACTION ARISING FROM OR CONCERNING THE SERVICES, CONTENT OR OTHER MATERIAL RELATED TO THE SERVICES MAY BE BROUGHT LATER THAN ONE YEAR FROM THE DATE THE CLAIM OR CAUSE OF ACTION AROSE.
8.3 YOU RELEASE PUBLICATION ACADEMY FROM ANY AND ALL CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTIES OR THIRD PARTY MAY HAVE AGAINST YOU.
8.4 SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TYPES OF DAMAGES OR LIABILITY. THE EXCLUSIONS, LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL ALWAYS BE CONSTRUED TO BE EFFECTIVE TO THE FULLEST EXTENT OF THE LAW. YOU SHOULD CONSULT YOUR OWN LEGAL ADVISOR SHOULD YOU WISH TO DETERMINE THE LAWS AND REGULATIONS THAT APPLY TO YOU.
8.5 BY AGREEING TO THESE TERMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED AT THIS TIME. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” AND ANY SIMILAR LAW OF ANY STATE, TERRITORY, OR JURISDICTION.
8.6 Publication Academy may provide its Website URL to third party applications or websites. Publication Academy does not recommend, monitor, control or endorse any third-party advertising or content, nor the content on any third-party applications or websites and is not responsible for their terms of use or privacy policies or how they may treat your information. Publication Academy disclaims all warranties and responsibility for the applications and websites of third parties, and for the accuracy, availability, or completeness of any content found on those applications and websites. Your use of third-party applications and websites is at your own risk. Dealings you have with advertisers found on the official website are between you and the advertiser, and you acknowledge and agree that Publication Academy is not liable for any loss or claim you may have against an advertiser.
8.7 You agree that the Services are for educational, training, and professional development purposes only and that to the extent you suffer any damages as a result of using the Services, such damages will not result in irreparable harm that would entitle you to specific performance or an injunction against Publication Academy. You specifically waive any right you may have to bring an action for specific performance or injunctive relief against Publication Academy.
9. Publication Academy Rights to Member-Provided Submissions:
9.1 We are pleased to hear from our Members, and welcome comments and feedback regarding our Services and how to improve them. If sent any content, information, functionality recommendations, artwork, photos, ideas, suggestions or other materials, Members acknowledge that they are doing so with the intent and agreement that Publication Academy owns and may use such content, information, ideas, suggestions, or other materials for any and all purposes without any obligation to compensate you.
10. Indemnification
10.1 You agree to defend, indemnify, and hold harmless Publication Academy and its subsidiaries and affiliated companies, and their respective owners, directors, officers, employees, contractors and agents from any and all liabilities, claims, and expenses of every kind and nature, including but not limited to attorneys’ and expert witness fees, that arise from your violation of the Membership granted to you, these Terms and the Privacy Policy or your use of the Services or Content other than as permitted in these Terms and Privacy Policy. Publication Academy shall have the right to determine the identity of its legal counsel and you shall hire and pay for such counsel and all costs associated with the defense. Publication Academy shall have the right to be actively involved in its defense even though you are responsible for payment. No claim shall be settled without the prior written consent of Publication Academy. Publication Academy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Publication Academy in asserting any available defenses.
11. DMCA Notice:
11.1 Publication Academy abides by the federal Digital Millennium Copyright Act (“DMCA”) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by us that is claimed to be infringing, in which case we will make a good faith attempt to contact the person who submitted the affected material and notify them of the claimed infringement.
11.2 Publication Academy does not control content hosted on third party websites and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third-party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
11.3 Before serving either a notice of infringing material or a counter-notification, we recommend that you contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Publication Academy’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
- Notice of infringing material:
- To file a notice of infringing material on a site owned or controlled by Publication Academy, please provide a notification containing the following details:
- Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example, title, author, any registration or tracking number);
- Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example, a link to the page that contains the material);
- Your contact information so that we can contact you (for example, your address, telephone number, e-mail address);
- A statement that you have a good faith belief that the use of the material identified is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
- Your physical or electronic signature.
- To file a notice of infringing material on a site owned or controlled by Publication Academy, please provide a notification containing the following details:
- Counter-notification:
- If material that you have posted to a site controlled or operated by Publication Academy has been taken down, you may file a counter-notification that contains the following details:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material in question;
- Your contact information so that we can contact you (for example, your address, telephone number, e-mail address);
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which Publication Academy may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above; and
- Your physical or electronic signature.
- If material that you have posted to a site controlled or operated by Publication Academy has been taken down, you may file a counter-notification that contains the following details:
- Addresses for sending a notification or counter-notification:
- Designated Agent for Claimed Infringement:
Jay Paul Singh, DMCA-1056456 - By Postal Mail:
Publication Academy, Inc.
9888 Windy Hollow Road
Great Falls, VA 22066, USA
Attn: Jay Paul Singh, Designated Agent - By E-Mail: support@publicationacademy.org
- Designated Agent for Claimed Infringement:
We suggest you obtain legal advice to better understand your rights and obligations under the DMCA and applicable laws if you intend to file a notice or counter-notice.
12. Governing Law and Venue:
12.1 These Terms (including the Privacy Policy) are governed by and shall be construed and enforced in accordance with the laws of the state of Virginia, USA, without giving effect to any conflicts of law principles. You expressly agree that the exclusive jurisdiction for any dispute, claim or action against Publication Academy, its affiliates and subsidiaries and their owners, directors, officers, employees, contractors, or agents arising from or relating in any way to the Content, Services, these Terms, or your use thereof shall be filed exclusively in the state or federal courts located in or having jurisdiction over Fairfax County, Virginia, USA. The Services, and these Terms, are not governed by the United Nations Conventions on Contracts for the International Sale of Goods.
12.2 Although the Website may be accessible worldwide, we make no representation that Content thereon are lawful, appropriate or available for use in locations outside the USA, and accessing them from territories where its Content is illegal is prohibited. Those who choose to access the Website from locations outside of the USA, do so on their own initiative and are responsible for compliance with all local laws. Any offer for any product, Service, and/or information made in connection with the Website or Services is void where prohibited.
13. Entire Agreement, Amendments, and Severability:
13.1 These Terms, including the Privacy Policy, constitute the entire agreement between you and Publication Academy with respect to the Services and the Content, and supersedes all prior or contemporaneous communications and proposals between you and Publication Academy with respect to the Services and the Content. These Terms may only be modified if Publication Academy agrees to such modification or waiver in writing and signed by an officer of Publication Academy. If any part of these Terms is held invalid or unenforceable, that portion shall be construed to be modified so that it is valid and enforceable to the fullest extent permitted by law, and the remaining portions shall remain in full force and effect.
14. Termination and Survival of Obligations:
14.1 Publication Academy reserves the right, in its sole discretion, to terminate your access to the Services and the Content at any time with or without notice if you violate these Terms. Publication Academy may suspend a Member and its access to the Services and Subscription upon a failure of Customer to timely pay any Fees or other amounts due under this Agreement, and Publication Academy may terminate the Services if the failure to pay continues for ten (10) business days after written notice.
The following sections of these Terms will continue to apply to you even after termination of your access to the Services and any other provision or parts thereof that reasonably support survival: Section 6 – 14.
15. Force Majeure:
15.1 Publication Academy shall not be in default of any obligation under this Agreement if the failure to perform the obligation is due to any event beyond its control, including significant failure of a part of the power grid, significant failure of the Internet, failure of third party tools and services used to provide the Website, natural disaster, war, riot, insurrection, pandemic, terrorist activity and events related thereto, strikes or other organized labor action, or other events of a similar magnitude or type.
BY SUBSCRIBING TO THE SERVICES, YOU CERTIFY YOU HAVE READ AND UNDERSTAND THESE TERMS, INCLUDING THE PRIVACY POLICY, AND VOLUNTARILY AGREE TO ALL OF THE TERMS NOW IN EFFECT AND AS THEY MAY BE AMENDED FROM TIME TO TIME.
A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.