RETURNS, REFUNDS, DISPUTES, AND CHARGEBACKS POLICY

This Policy was last updated on June 13, 2022.

       This is the Returns, Refunds, Disputes, and Chargebacks Policy (“Policy”) of Shep Publishing House LLC (“Company,” “we,” “us,” or “our”).  

 

       Placing an order on our site is your affirmative consent to the following Policy. These terms constitute a binding and enforceable agreement, so please read them carefully.

1.     REFUNDS AND RETURNS

       Except for any products designated on the Site as final sale, clearance, or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of delivery with valid proof of purchase, and provided such products are returned in their original condition. To return products, you must email our Returns Department at  info@sheppublishing.com to obtain a Return Goods Authorization ("RGA") number before shipping your product. No returns of any type will be accepted without an RGA number.

       You are responsible for all shipping and handling charges on non-defective returned items unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.  All returns of physical products are subject to a 10% restocking fee.

       Refunds are processed within approximately 20 business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Site. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE AS NON-RETURNABLE AND DIGITAL PRODUCTS.

2.     CHARGEBACKS, PAYMENT REVERSALS, AND DEFAULTED PAYMENTS

       By placing an order on our Site you agree to reimburse us for all collection and/or legal fees and expenses necessitated by any defaulted payments and wrongful chargebacks, or payment reversals. 

 

       You agree and understand that the charges on a credit card or for any check for your duly authorized purchase of any of our products or services are irrevocable and may not be charged back now or in the future, by your credit card company, banking institution, or payment processor, and that your initiating a chargeback is a material breach of this Agreement for which we shall be entitled to attorney fees and the costs and fees associated with addressing a chargeback, in addition to the amount challenged. 

 

       Should you not pay the amount we submit to you for the cost of the chargeback within 30 days after submission, the charges may be turned over to third parties for collection and may be reported to one or all credit reporting agencies. We shall have at our sole disposal any other legal remedy we independently choose to pursue in order to collect any monies owed to us by you.  Notwithstanding anything in these Terms to the contrary, we explicitly reserve the right to use and disclose your personal and sensitive information to third parties to the extent reasonably necessary to enforce our rights under these Terms.  The information disclosed may include, but is not limited to, your name, email addresses, purchase date, purchase amount, and billing addresses.  You further agree that proof of purchase by you is all that is necessary to establish to the credit card agency, banking institution, or payment processor to deny a chargeback initiated by you.     

 

3.     DISPUTE RESOLUTION AND BINDING ARBITRATION

       YOU AND COMPANY ARE AGREEING TO GIVE UP RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

       Unless exclusive remedies have been explicitly provided for otherwise in this agreement and the aggrieved party seeks to enforce its rights in accordance with those remedies, and unless an action seeking only injunctive relief or an action to enforce an arbitrator’s award is sought, the exclusive means of resolving through adversarial dispute resolution any disputes arising out of this agreement shall be as follows:

       FOR ANY DISPUTE, CLAIM OR CONTROVERSY UNDER $25,000 IN VALUE ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH THEREOF, ANY SUCH DISPUTE SHALL BE RESOLVED BY ARBITRATION ADMINISTERED BY FAIRCLAIMS (WWW.FAIRCLAIMS.COM) IN ACCORDANCE WITH ITS SMALL CLAIMS RULES & PROCEDURES EFFECTIVE AT THE TIME A CLAIM IS MADE, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.  FOR ANY DISPUTE, CLAIM OR CONTROVERSY $25,000.00 OR MORE IN VALUE ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH THEREOF, ANY SUCH ARBITRATION ADMINISTERED BY FAIRCLAIMS (WWW.FAIRCLAIMS.COM) IN ACCORDANCE WITH ITS FASTTRACK RULES & PROCEDURES FOR CLAIMS OVER $25,000 EFFECTIVE AT THE TIME A CLAIM IS MADE, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.  EACH PARTY HEREBY EXPRESSLY CONSENTS TO ANY SUCH DISPUTES BEING SO RESOLVED BY THESE ARBITRATION TERMS.

       Each Party hereby expressly consents to any such disputes being so resolved by these arbitration terms, and that all proceedings be exclusively conducted electronically via secure video chat, when available.  If electronic attendance is not available, all arbitration hearings shall be conducted in any suitable facility located in the United States of America, Georgia area.  The Parties consent to electronic service of process, with service to be made to the following email addresses info@sheppublishing.com and [ENTER EMAIL ADDRESS OF PARTY 2]. 

Each Party expressly agrees that 

 

(a).     videoconferencing constitutes an acceptable means of communication permitted by the applicable rules, including those at the juridical seat of the arbitration; 

 

(b).     the parties have agreed to the use of videoconferencing as the means for conducting the arbitral hearing; and 

no party will seek to vacate any resultant arbitral award on the basis that the arbitral hearing was not held in person.

 

(c).     The Parties agree to split all arbitration fees evenly, excluding any professional fees paid by each Party to their respective legal counsel.

 

       The Parties agree that, in the event of confirmation and enforcement, the delinquent party will be responsible for any attorney, court or other fees associated with such action.

       Judgment on the award rendered in any arbitration hearing shall be binding and entered in any court having jurisdiction.  The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.  The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as a contract independent of the other terms of the Terms. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced

       Both parties shall be obligated to the arbitration procedures contained herein and understand that decisions rendered by the arbitrator(s) are non-appealable.  In the event that neither party demands arbitration, or in the event that arbitration is inapplicable or impossible, the Parties agree that [United States of America, Georgia] will be the sole agreed venue for litigation necessary to enforce the agreements set forth herein.

       Nothing in this Agreement shall prevent either Party from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other equitable relief available to prevent immediate loss.  Either Party shall also be entitled to file in any court having jurisdiction any suit necessary to enforce a decision or award resulting from any arbitration or other proceeding. 

       The arbitrator or arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

4.     LIMITATION ON TIME TO FILE A CLAIM

       ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

5.     ENTIRE AGREEMENT 

       The following documents shall together constitute the final integrated agreement between you and us on the matters contained in these Terms:

(a).     Our order confirmation

(b).     This Returns, Refunds, Disputes, and Chargeback Policy

 

(c).     Any license agreement relating to any product or service you obtain on or through this Site

 

(d).     Our Website Terms of Use located at https://www.sheppublishinghouse.com/terms-and-conditions

(e).     Our Website Terms of Sale located at https://www.sheppublishinghouse.com/online-sales-policies

(f).     Our SMS Policy located at https://www.sheppublishinghouse.com/terms-and-conditions

(g).     Our Privacy Policy located at https://www.sheppublishinghouse.com/privacy-policy

(h).     Our Cookie Policy located at https://www.sheppublishinghouse.com/privacy-policy

(i).     Our Copyright Policy located at https://www.sheppublishinghouse.com/privacy-policy

(j).     [INSERT ANY ADDITIONAL DOCUMENTS]

TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES

 

LAST UPDATED DATE: June 13, 2022.

       These Terms and Conditions for Online Sales (these "Terms") apply to the purchase and sale of products and services through our website www.ShepPublishingHouse.com (the "Site" or “Website”). These Terms are subject to change by [Shep Publishing House LLC ] (referred to as “Company,” "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced on the Site. You should review these Terms prior to purchasing any product or services that are available through this Site. Your continued use of this Site after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

       THESE TERMS ARE AN INTEGRAL PART OF OUR WEBSITE AND CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY PRIOR TO PLACING AN ORDER FOR PRODUCTS OR SERVICES THROUGH OUR SITE.  

THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. 

1.     BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, THE ORDER BEING PLACED IS FOR END-CONSUMER, NON-COMPETITIVE, AND NON-REGULATORY USE, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR OTHER COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR OTHER COMPANY TO THESE TERMS AND CONDITIONS. 

       YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH COMPANY, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.

2.     Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. You further agree that the order being placed is for end-user, non-competitive, and non-regulatory use.  Any orders being placed that are for competitive, analysis, regulatory, or non end-user use shall not be placed through the Site, but must be sent to the following email address: info@sheppublishing.com.  All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. We do not waive any of our rights to prosecute violators of any of these Terms if an order is received and fulfilled by us.  

3.     Prices and Payment Terms. 

(a).     Prices posted on this Site may be different from prices offered by us at other locations where our products/services are offered, including, but not limited to, brick-and-mortar locations and third-party platforms (e.g., Amazon, eBay, etc.).  All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes.  Unless otherwise noted, posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and cancel any orders, and/or withdraw any order confirmation arising from such occurrences.

(b).     We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern. 

 

(c).     The following terms may be used by us to communicate pricing information:

[i]         "[TERM FOR REGULAR PRICED PRODUCTS]" references the manufacturer's suggested retail price.

[ii]        "[TERM FOR SELLER OFFERED PRICE]" references our normal price for a product or service. 

[iii]       "Sale" refers to a reduced price for a product or service.

[iv]       "Clearance" refers to a reduced price for a product or service that will be discontinued. 

(d).     Terms of payment are within our sole discretion and full payment must be received by us before our acceptance of an order. We accept [LIST OF APPROVED CREDIT CARDS/OTHER PAYMENT METHOD] for all purchases. You represent and warrant that (i) the credit card and other payment information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card and/or other payment method for the purchase, (iii) charges incurred by you will be honored by you or your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. 

(e).     Third-Party Alternative Installment Payments.  For your convenience, we may offer you the ability to pay for our goods and services in installments through third-party services and platforms such as Klarna, Affirm, ShopPay Installments, Afterpay, etc. By using these third-party services, you agree that we shall in no way be liable for any issues that may arise in connection with your use of those services.  You further agree that you will be fully responsible to pay the full amount of any monies owed to us, regardless of an alternative payment method being chosen by you.

4.       Shipments; Delivery; Title and Risk of Loss. 

(a).     We will arrange for the shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. 

(b).     Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

(c).     Signature confirmation upon delivery will be required when the full amount of the order (including shipping and taxes) is $750 or more. [NOTE: THIS IS REQUIRED FOR PAYPAL SELLER PROTECTIONS.  SEE PAYPAL FOR CURRENT REQUIREMENTS AT https://www.paypal.com/us/webapps/mpp/ua/useragreement-full#seller-protection

 

5.       Returns and Refunds. Please see our return policy located at www.ShepPublishingHouse.com.

 

6.       Promotions.  Any Promotions made available through the Site may be governed by rules that are separate from these Terms.  If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

 

7.       Manufacturer's Warranty and Disclaimers. 

 

(a).     EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, COMPANY MAKES NO WARRANTIES, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, ORAL OR WRITTEN, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, RELATING TO ITS PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE.

 

(b).      [OPTIONAL: THIRD PARTY PRODUCTS WARRANTY - We do not manufacture or control any of the third-party products or services offered on our Site. The availability of third-party products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to those products or services offered on our Site. However, the products and services offered on our Site are covered by the manufacturer's warranty as detailed in the product's description on our Site and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

ALL THIRD-PARTY PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. 

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

8.      Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE. 

The limitation of liability set forth above shall only apply to the extent permitted by law.

9.     Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Site as an end-user for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US unless you notate otherwise in the “Ship To” section of your order. 

10.     Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy located at https://www.sheppublishinghouse.com/privacy-policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Site.

 

11.     Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

12.     Governing Law and Jurisdiction. This Site is operated from the US. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Georgia.

 

13.     Dispute Resolution and Binding Arbitration.

 

(a).     YOU AND COMPANY ARE AGREEING TO GIVE UP RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

(b).     Unless exclusive remedies have been explicitly provided for otherwise in this agreement and the aggrieved party seeks to enforce its rights in accordance with those remedies, and unless an action seeking only injunctive relief or an action to enforce an arbitrator’s award is sought, the exclusive means of resolving through adversarial dispute resolution any disputes arising out of this agreement shall be as follows:

(c).     FOR ANY DISPUTE, CLAIM, OR CONTROVERSY UNDER $25,000 IN VALUE ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH THEREOF, ANY SUCH DISPUTE SHALL BE RESOLVED BY ARBITRATION ADMINISTERED BY FAIR CLAIMS (WWW.FAIRCLAIMS.COM) IN ACCORDANCE WITH ITS SMALL CLAIMS RULES & PROCEDURES EFFECTIVE AT THE TIME A CLAIM IS MADE, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.  FOR ANY DISPUTE, CLAIM OR CONTROVERSY $25,000.00 OR MORE IN VALUE ARISING OUT OF OR RELATING TO THESE TERMS, OR THE BREACH THEREOF, ANY SUCH ARBITRATION ADMINISTERED BY FAIRCLAIMS (WWW.FAIRCLAIMS.COM) IN ACCORDANCE WITH ITS FASTTRACK RULES & PROCEDURES FOR CLAIMS OVER $25,000 EFFECTIVE AT THE TIME A CLAIM IS MADE, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.  EACH PARTY HEREBY EXPRESSLY CONSENTS TO ANY SUCH DISPUTES BEING SO RESOLVED BY THESE ARBITRATION TERMS.

 

(d).     Each Party hereby expressly consents to any such disputes being so resolved by these arbitration terms, and that all proceedings be exclusively conducted electronically via secure video chat, when available.  If electronic attendance is not available, all arbitration hearings shall be conducted in any suitable facility located in the United States of America, Georgia area.  The Parties consent to electronic service of process, with service to be made to the following email addresses info@sheppublishing.com and [ENTER EMAIL ADDRESS OF PARTY 2]. 

 

(e).     Each Party expressly agrees that 

 

[i]        videoconferencing constitutes an acceptable means of communication permitted by the applicable rules, including those at the juridical seat of the arbitration; 

[ii]       the parties have agreed to the use of videoconferencing as the means for conducting the arbitral hearing; and 

[iii]      no party will seek to vacate any resultant arbitral award on the basis that the arbitral hearing was not held in person.

(f).       The Parties agree to split all arbitration fees evenly, excluding any professional fees paid by each Party to their respective legal counsel. The Parties agree that, in the event of confirmation and enforcement, the delinquent party will be responsible for any attorney, court, or other fees associated with such action.

 

(g).       Judgment on the award rendered in any arbitration hearing shall be binding and entered in any court having jurisdiction.  The arbitrator shall have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any claim or counterclaim.  The arbitrator shall have the power to determine the existence or validity of a contract of which an arbitration clause forms a part. Such an arbitration clause shall be treated as a contract independent of the other terms of the Terms. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced

 

(h).       Both parties shall be obligated to the arbitration procedures contained herein and understand that decisions rendered by the arbitrator(s) are non-appealable.  In the event that neither party demands arbitration, or in the event that arbitration is inapplicable or impossible, the Parties agree that the United States of America, Georgia will be the sole agreed venue for litigation necessary to enforce the agreements set forth herein.

 

(i).       Nothing in this Agreement shall prevent either Party from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other equitable relief available to prevent immediate loss.  Either Party shall also be entitled to file in any court having jurisdiction any suit necessary to enforce a decision or award resulting from any arbitration or other proceeding. 

 

(j).       The arbitrator or arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 

The terms contained in this Dispute Resolution and Binding Arbitration section shall survive termination of the Agreement.

 

[ALTERNATE LANGUAGE: Choice of Law and Forum 

 

     Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement, and all contemplated transactions, including contract, equity, tort, fraud, and statutory claims, in any forum other than a court of competent jurisdiction located in the state of Georgia and county of Gwinnett.  Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts.  Each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.

 

     The terms contained in this section shall survive termination of the Agreement.

 

14.     Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Assignment Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

 

15.     No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

16.     No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

 

17.     Notices.

(a).     To You. We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

 

(b).     To Us. To give us notice under these Terms, you must contact us as follows:

[i]        by email to info@sheppublishing.com; or 

 

[ii]       by personal delivery, overnight courier, or registered or certified mail to Shep Publishing House LLC, 3255 Lawrenceville Suwanee Rd, Suite P PMB 1028, Suwanee GA 30024-6599. 

 

       We may update the email or physical address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by email will be effective once they are received and confirmed via delivery confirmation.  Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

 

18.      Severability. If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

19.     Entire Agreement. The following documents shall together constitute the final integrated agreement between you and us on the matters contained in these Terms:

 

(a).     Our order confirmation

 

(b).     These Terms

 

(c).     Any license agreement relating to any product or service you obtain on or through this Site

 

(d).     Our Website Terms of Use located at https://www.sheppublishinghouse.com/terms-and-conditions

 

(e).     Our Returns, Refunds, Disputes, and Chargeback Policy located at https://www.sheppublishinghouse.com/online-sales-policies

 

(f).      Our SMS Policy located at https://www.sheppublishinghouse.com/terms-and-conditions

 

(g).     Our Privacy Policy located at https://www.sheppublishinghouse.com/privacy-policy

 

(h).     Our Cookie Policy located at https://www.sheppublishinghouse.com/privacy-policy

 

(i).     Our Copyright Policy located at https://www.sheppublishinghouse.com/privacy-policy

 

(j).     [INSERT ANY ADDITIONAL DOCUMENTS]