Terms & Conditions
Welcome to Well Versed. The Well Versed website and services are provided by Well Versed, LLC (“Well Versed,” “we”, us”, or “our”). These Terms and Conditions (“Terms”) govern your (“you”, “your”, “yours”, “Client”, “Customer”) access and use of the Well Versed website (“Website”) and our editorial, translation, and consultation services (“Services”).
By using our Website and Services, you agree that these Terms form a contract entered into by electronic communications without necessity of a physical document and original handwritten signature between you and Well Versed, LLC. Please read these Terms carefully, as they may have changed since your last visit.
If you do not agree to these Terms, do not use our Services or our Website.
You may not use the Services or accept these Terms if you are not of a legal age to form a binding contract with us. If you accept these Terms, you represent that you have the capacity to be bound by them, or if you are acting on behalf of a company or entity, that you have the authority to bind such company or entity (and in which case “you” will refer to the company or entity).
Changes to These Terms
We reserve the right to add to, discontinue, or revise these Terms or any aspect, mode, design, or service provided at any time and without any notice to you. If you do not agree with any of the changes, you must discontinue using the Website and Services. We will post the most current Terms on the Website. You hereby agree that Well Versed, LLC shall not be liable to you or any third party for any amendments to the Terms.
“Agreement” or “Contract” means our Terms and/or a separate written contract between Client and Well Versed, LLC.
"Order" means an order via phone or email made by Customer to purchase Services or Products provided by Well Versed, LLC. Orders are confirmed by a non-refundable deposit via Wise (formerly TransferWise), PayPal, Stripe, or bank deposit.
"Product", “Work”, or “Services” mean and refer to all services and products provided by Well Versed, LLC to Customer in accordance with their Order.
By submitting the Order, the Contract, and/or payment, you are purchasing our editorial, translation, consultation, or other Services and reserving our time to work on your project. Therefore, deposits are non-refundable. Although we strive for excellence in everything we do, finished Products come with no warranties, expressed or implied. It is your obligation to read these Terms before submitting any Order and/or payment to us via this Website or any third-party platform.
Breach of Contract
By submitting the Order, the Contract, and/or payment to us, you agree to uphold your side of the Agreement by (i) making all payments by the agreed-upon dates and (ii) providing the Work to us within the agreed-upon time frame. If you, for whatever reason, fail to do so, we are not bound to the agreed-upon delivery date.
We may terminate your access to our Website or Services in our sole discretion, for any or no reason and at any time, with or without prior notice. It is our policy to terminate Customers who violate these Terms and Conditions, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.
Upon termination of our relationship, we may delete all data and information associated with your account. Upon termination of this relationship, you will remain liable for any accrued charges and amounts that become due for payment prior to or following termination. If you have signed a Contract for an Order, the Product will be stopped and the work done to date released to you only if you are current on your payments.
Likewise, should you decide to terminate the project before its completion, you will not receive any refund of the non-refundable deposit, and you will remain liable for any accrued charges and amounts which become due for payment prior to or following termination. Any Work will not be returned to you until your payments have gone through.
You will pay a 50% non-refundable deposit to confirm your order and delivery date. The complete payment will be due once work is complete, and your manuscript will be released to you as soon as your payment goes through. Final payment is due within thirty 30 days of Well Versed’s notice to you that work is complete. Late payments will accrue interest at a rate of 2% a month, compounding each month.
Payments may be accepted via Wise, PayPal, Stripe, or bank deposit (EU Clients only). By submitting your payment information, you grant us the right to store and process your information with the third-party payment service(s), which may change from time to time; you agree that Well Versed will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third-party payment service providers' terms of service, available on those providers’ websites.
You acknowledge that we may change the third-party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
Your Order for Services does not include any federal, state, local, or other taxes. You are solely responsible for the payment of such taxes related to your Order.
Intellectual Property Rights
Unless otherwise noted, all content contained on Well Versed’s Website is the property of Well Versed, LLC and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws.
Content is provided to you for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. We reserve all rights not expressly granted in and to the Website, content, marks, site design, and technology. Using the Website and/or Services does not give you any ownership of or right in or to any content, marks, site design, or technology.
Rights to content provided by you: Well Versed will use your book cover and your testimonials for promotion and accreditation.
We do not claim ownership to your manuscripts or final published work; however, you grant us a perpetual, fully paid-up, non-exclusive, irrevocable, and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights, and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, copy, comment on, adapt, translate, make available, and otherwise exploit your book cover and/or testimonials, in whole or in part, in any and all media and channels now known or hereafter devised (including in connection with Well Versed and on third-party sites and platforms such as but not limited to Facebook, YouTube, and Twitter), in any number of copies and without limit as to time, manner, and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. This includes without limitation our use of your book cover and/or testimonials in connection with any advertising, presentations, promotional materials, events and associated marketing materials, television and digital commercials, videos, social media websites, or applications, on our website or in any other commercial manner. We are not, however, obligated to use your title page or testimonials.
Nondisclosure of Confidential Information
In the performance of the Services, Well Versed will have access to confidential or proprietary information, including confidential or proprietary information concerning the details of Customer’s manuscript (“Confidential Information”). Well Versed undertakes to not use any such Confidential Information except in connection with the Services and to not disclose or release such Confidential Information to any third party without the Customer’s prior written consent. The foregoing shall not apply to (a) information in the possession of Well Versed at the date of the Contract; or (b) information which is or becomes publicly available, other than through disclosure by Well Versed, such as through manuscript’s publication or notices or announcements of publication.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT WELL VERSED’S SERVICES, INCLUDING WITHOUT LIMITATION ANY PRODUCTS, GOODS, SERVICES, WEBSITES, ADVICE, OR ANY OTHER INFORMATION PROVIDED THEREIN, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS, ERRORS AND OMISSIONS, AND WITHOUT ANY PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND.
WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS, EXPRESS OR IMPLIED, REGARDING THE WELL VERSED SERVICES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, UPTIME, ACCESSIBILITY, AND WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE MAKE NO GUARANTEE OR WARRANTY THAT THE WELL VERSED SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THEY WILL BE UNINTERRUPTED OR ERROR-FREE. WE FURTHER MAKE NO GUARANTEE OR WARRANTY AS TO THE MANUSCRIPT’S GOALS, RESULTS, BENEFITS, OR OUTCOMES THAT MAY BE ACHIEVED OR OBTAINED THROUGH USE OF ANY WELL VERSED SERVICES. YOU AGREE TO USE ANY WELL VERSED SERVICES AT YOUR SOLE RISK.
Downtime: The Website may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications between you and the Services.
No endorsement as to accuracy: We accept no responsibility for the accuracy of any manuscript provided by Customer. The provision of Services does not constitute our endorsement or warranty as to the compliance of such manuscript with applicable laws, nor to the accuracy, timeliness, materiality, completeness, or reliability of such manuscripts. You are responsible for ensuring that the information you provide is accurate, reliable, and complete.
Ratings and reviews: We accept no responsibility or liability for any ratings or reviews of a manuscript, or any consequences as a result of the ratings or reviews of a manuscript, including but not limited to termination of contracts, loss of sales, or public censure. Ratings and reviews posted about the manuscript DO NOT reflect our views.
No endorsement of the manuscript: The views and opinions expressed in the manuscript(s) are those of the Customer and do not reflect the views or positions of Well Versed.
Monitoring: We do not accept any liability for monitoring the Website or for unauthorized or unlawful content on the Website or unlawful use of the Website by users.
Damage to hardware: Any material downloaded or otherwise obtained through the use of our Services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
Editing advice is NOT legal advice: While Well Versed may be able to alert Customers of possible plagiarism or libel, Well Versed is not an attorney and cannot provide legal advice. Customers should contact their attorney to obtain advice with respect to any particular legal matter. No Customer should act or refrain from acting on the basis of information provided by Well Versed without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information—and your interpretation of it—is applicable or appropriate to your particular situation.
Your Representations and Warranties
By submitting the Order and/or payment to us, you hereby represent, warrant, and covenant that:
You are the sole author and owner of the Work submitted;
the Work is original;
the Work does not violate the right of privacy of any person;
the Work does not promote bigotry, racism, sexism, hatred, or harm;
to your knowledge, the Work is not libelous or obscene and contains no matter which is libelous, in violation of any right of privacy, harmful to the user or any third party so as to subject Well Versed, LLC to liability or otherwise contrary to law; and
the Work does not infringe upon any copyright or upon any other proprietary or personal right of any person, association, community, firm, or corporation.
Right to Refuse Service
Should the Work violate any of your representations and warranties above, we reserve the right to refuse Services or to immediately stop Services if they have already begun according to the Termination clause, above.
BY USING THIS WEBSITE OR OUR SERVICES, YOU AGREE TO DEFEND (USING LEGAL COUNSEL ACCEPTABLE TO WELL VERSED), INDEMNIFY, AND HOLD HARMLESS WELL VERSED FROM ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES, RESULTING DIRECTLY OR INDIRECTLY FROM A CLAIM BY A THIRD PARTY IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY ARISING FROM OR IN ANY WAY CONNECTED WITH USE OF THIS WEBSITE, SERVICES, OR THE PRODUCT BY YOU, INCLUDING BUT NOT LIMITED TO ANY ACT, OMISSION, OR NEGLIGENCE OF CUSTOMER OR CUSTOMER'S PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, INVITEES, OR CONTRACTORS; AND/OR ANY BREACH, VIOLATION, OR NONPERFORMANCE OF ANY OF CUSTOMER’S OBLIGATIONS UNDER THESE TERMS.
Limitation of Liability
IN NO EVENT SHALL WELL VERSED OR ITS MEMBERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE TO YOU, ANY USER OF THIS WEBSITE, ANY USER OF WELL VERSED SERVICES, OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES) ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS TO OR USE OR MISUSE OF THE SERVICES OR THE WEBSITE OR ANY INFORMATION CONTAINED THEREON, WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
YOU AGREE THAT WELL VERSED’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, OR ANY PRODUCT OR SERVICES WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO WELL VERSED FOR SERVICES.
Governing Law & Venue
The formation, construction, performance, and enforcement of these Terms shall be in accordance with the laws of the United States and the state of Oregon without regard to its conflict of law provisions or the conflict of law provisions of any other jurisdiction. In all circumstances, the parties specifically consent to the local, state, and federal courts located in Tillamook County in the state of Oregon.
You are solely responsible for ensuring compliance with the laws of your specific jurisdiction (e.g., city, state, or country).
Negotiation and Mediation. In the event of a dispute arising out of the Services, you agree to attempt to resolve any dispute by negotiation with Well Versed as quickly as possible. To this effect, the parties shall consult and negotiate with each other, in good faith and understanding of their mutual interests, to reach a just and equitable solution satisfactory to both parties. If the parties are unable to resolve the dispute through negotiation, either party may commence mediation through the American Arbitration Association, or other forum mutually agreed upon before pursuing arbitration. In the case of mediation, each party may propose the names of three (3) mediators for consideration. If the parties are unable to agree to a mediator from these submissions, the parties will each choose a mediator from their respective list, upon which said mediators will confer and choose the actual mediator for the mediation. The mediators’ fees shall be split evenly between parties; provided, however, that each party shall pay their own respective attorneys’ fees and costs.
Arbitration. In the event that you and Well Versed cannot first settle our disputes through negotiation and mediation, the parties may commence arbitration in accordance with the then current rules of the American Arbitration Association.
The party initiating arbitration shall give written notice to the other party. Within ten (10) days after such notice is given, one arbitrator shall be chosen by Well Versed, one by you, and a third shall be selected by the two arbitrators from the membership of the American Arbitration Association. If either party fails to appoint an arbitrator, the one appointed shall select a second from the membership of the American Arbitration Association, and the two thus selected shall choose a third.
Arbitration shall take place in Tillamook, Oregon, USA. The arbitration award shall be written in English. The arbitrators may grant injunctive and other appropriate relief. The arbitration award shall be final, binding on the parties, not subject to any appeal, and shall deal with the question of costs and all matters related thereto. Any monetary arbitration award shall be paid in US dollars.
Judgment upon the award rendered may be entered into any court having jurisdiction.
BY AGREEING TO THESE TERMS AND CONDITIONS, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEAR YOUR CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG OTHER WAIVERS OF RIGHTS SET FORTH IN THIS AGREEMENT.
If any part of these Terms is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful, or unenforceable, such part will be severed from these Terms and the remainder will continue to be valid and enforceable to the fullest extent permitted by law.
The insertions of headings are for convenient reference only and are not to affect the interpretation of these Terms.
Assignment & Delegation
You may not, without our prior written consent, assign or delegate the Agreement, in whole or in part, either voluntarily or by operation of law. Any attempt to assign rights or delegate duties of our Contract to provide Services without our prior written consent will be a material default of the Contract and such assignment or delegation shall be void. We may assign the Contract to a third party at any time in our sole discretion. The Contract will be binding upon and will inure to the benefit of the respective parties hereto, their respective successors in interest, legal representatives, heirs, and assigns.
No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Survival of these Terms
The provisions of these Terms which by their nature should survive the termination of these Terms shall survive such termination.