Sibia Proofreading Terms and Conditions of Use and Sale
The following Terms and Conditions of Use and Sale ("Terms") govern the use of this Web site and the sale of editing and proofreading services by Sibia Proofreading to its customers ("Customers"). This Sibia Proofreading Web site is (i) owned by The Sibia Group, LLC, an Oregon, USA limited liability company and (ii) operated as a division of The Sibia Group, LLC, doing business as Sibia Proofreading ("Sibia Proofreading"). By accessing this site or purchasing services from Sibia Proofreading, Customer consents to be bound by these Terms. The Terms are the entire agreement between Sibia Proofreading and the Customer with respect to its subject matter, superseding any prior negotiations and agreements. The Terms may not be changed in any respect except by the posting of revised or amended terms by Sibia Proofreading on this site.
Refund Policy, Limited Warranty & Guarantee
Orders placed with Sibia Proofreading by Customer are non-cancelable and non-returnable but are covered by a limited warranty (see Warranty Disclaimer, below). If a Customer is not satisfied with Sibia Proofreading's service for a particular order, Customer shall contact Sibia Proofreading within thirty (30) days of delivery of such service and explain the perceived problem. Upon verification of the problem, Sibia Proofreading guarantees that it shall solve the problem to the Customer's satisfaction or either provide credit for additional service to the Customer or refund the fee paid for the service in question, based upon the Customer's preference.
Please see Sibia Proofreading's privacy statement.
SIBIA PROOFREADING DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. SIBIA PROOFREADING PROVIDES A LIMITED EXPRESS WARRANTY THAT ITS SERVICES SHALL BE PERFORMED IN A MANNER SATISFACTORY TO ITS CUSTOMERS. OTHERWISE, SIBIA PROOFREADING MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, SERVICES, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. CUSTOMERS AGREE THAT THE USE OF THIS SITE IS AT THEIR SOLE RISK.
Limitation of Liability
(a) IN NO EVENT SHALL SIBIA PROOFREADING OR ITS INDEPENDENT CONTRACTORS BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY CLAIMING BY OR THROUGH THE CUSTOMER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS ARISING OUT OF THE PERFORMANCE OF THE SERVICES BY SIBIA PROOFREADING OR SIBIA PROOFREADING'S INDEPENDENT CONTRACTORS, OR THE FAILURE, NEGLIGENCE, OR DELAY IN PERFORMANCE OF THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SIBIA PROOFREADING OR ITS INDEPENDENT CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(b) SIBIA PROOFREADING 'S LIABILITY ARISING OUT OF THE PERFORMANCE OF THE SERVICES, BY ITSELF OR ITS INDEPENDENT CONTRACTORS,OR FAILURE OR DELAY TO PERFORM THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE FEE PAID BY CUSTOMER FOR SUCH SERVICES.
(c) AN ACTION FOR BREACH OF THIS AGREEMENT MAY NOT BE BROUGHT BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE SERVICES ARE PERFORMED BY SIBIA PROOFREADING .
Customer agrees to defend Sibia Proofreading and its independent contractors at Customer's cost and expense, and will indemnify and hold Sibia Proofreading, its independent contractors, and their respective officers and agents (the "Sibia Proofreading Indemnified Parties") harmless from and against any losses, costs, damages, fees or expenses arising out of any claim relating to the use or application of Sibia Proofreading's services by Customer.
Consent to Oregon Law and Forum
Customer and Sibia Proofreading agree that any dispute regarding the provision of services under this Web site or the access and viewing of this Web site shall be governed by Oregon law. Customer and Sibia Proofreading hereby consent to the exclusive jurisdiction of the appropriate courts located within Washington County, Oregon.