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WHEREAS, You (the Author) desire to obtain a review of your book;
WHEREAS, BlueInk Review (BlueInk) is in the business of reviewing manuscripts and books; and
WHEREAS, the parties desire to work together on this project;
NOW, THEREFORE, in consideration of the mutual promises and other good and valuable consideration the receipt and sufficiency of which is hereby expressly acknowledged, the parties agree as follows:
1. Non-Refundable: Subject to Paragraph 2 below, all amounts paid to BlueInk by the Author shall be non-refundable under any circumstances once received by BlueInk.
2. Obligation to Review: BlueInk is under no obligation to provide to the Author a review. If, however, BlueInk fails or refuses to provide a review to the Author and the Author has paid BlueInk any funds whatsoever, these funds shall be refunded to the Author. At the same time, all copies of the Book and/or the manuscript shall also be returned to the Author.
3. Non-cancellable: Once you submit your order to BlueInk, it shall thereafter be non-cancellable for any reason by the Author.
4. Timing of a Standard Review: Standard reviews will be completed and sent to the Author within nine (9) weeks of the receipt by BlueInk of two copies of the Authors book or manuscript.
5. Timing of a Fast Track Review: Fast track reviews will be completed and sent to the Author within five (5) weeks of the receipt by BlueInk of two copies of the Authors book or manuscript.
6. Posting of Review: BlueInk will post all reviews not before fourteen (14) days after returning the review to the Author unless the Author shall have notified BlueInk in writing prior to the expiration of the fourteen (14) day period that he/she does not desire such review to be posted on this website. At any time thereafter, the Author may request that BlueInk Review remove the review from its website (though not from any third party websites pursuant to the terms of Paragraph 7 below), by sending a notification of his/her decision to it in writing. In the event that the Author timely notifies BlueInk of his/her intention to not have the review posted on the BlueInk website, then this review will not be submitted to any source for publication or use whatsoever.
7. Grant of Authority: If the Author has not timely notified BlueInk of his/her intent to delete the review from any posting on any website whatsoever, the Author does hereby grant BlueInk the full authority to license and/or otherwise allow others in the book review business to read and/or reprint the review on its website or in its publications. The Author hereby acknowledges and agrees that if he/she timely opts out of having such review posted on the BlueInk website pursuant to Paragraph 6 above, that the review will not appear in these industry publications. If, however, the Author does not opt out in a timely fashion pursuant to Paragraph 6 above, the review may be submitted to other websites and once submitted, they will not be removed under any circumstances.
8. Fees: The fee for a Standard Review is $395 per title to be reviewed. The fee for a Fast Track review is $495 per title to be reviewed.
9. Payment Terms: The fee for any review shall be submitted by credit card concurrently with the submission of the book or manuscript for review.
10. Ownership of submitted books or manuscripts: The Author hereby acknowledges that all copies of books and manuscripts that may be sent to or otherwise submitted to BlueInk become its property and shall not be returned to the Author unless BlueInk elects not to provide a review to the Author pursuant to Paragraph 2 above.
11. Freedom to reproduce and reprint reviews: BlueInk hereby grants to the Author full authority to reproduce and/or reprint its review of your Book or manuscript in part or in whole for any marketing or promotional purposes, including but not limited to the cover or jacket of your Book. The Author may not add material to the existing review in any way or for any reason. Each reprint or reproduction shall prominently credit BlueInk Review as the source of the review.
12. No Guarantee of Outcome: By entering into this Agreement, you specifically and fully acknowledge that you are aware of the fact that your review will be objective and may consider such facts and style as the reviewer deems appropriate. The outcome may not be positive or to your liking in any other way. BlueInk hereby disclaims all warranties, express or implied, or guarantees or assurances relating to its reviews regarding any specific outcome (whether positive, neutral, or negative) whatsoever. Your sole remedy is to give notice to BlueInk of your choice not to have your review published on its website. You have no other legal recourse. BlueInk will consider revising a review only if it contains factual errors, and then only at our discretion.
13. Anonymous Reviewer: You will not be entitled to know the identity of your reviewers at any time, nor for any reason. It is in this manner that we maintain the integrity of the process and the outcome. Furthermore, you may not request a specific reviewer for your Book or manuscript. The actual choice of reviewers shall be at the sole discretion of BlueInk at all times.
14. Non-Assignable: This Agreement may not be assigned by either party for any reason at any time.
15. Authority: You acknowledge, represent and warrant that you are the sole Author of the Book or manuscript and that you have the full and complete authority to submit your work for review to BlueInk without the necessity for the approval of any other party.
16. Release and Indemnification: You hereby expressly release BlueInk, its affiliates, employees and reviewers and agree to indemnify, defend and hold them harmless from and against any and all liabilities, damages, losses, claims, costs and fees (including attorneys' fees) related to or arising in connection with the review generated by BlueInk and against any other inaccuracies of yours under this Agreement.
17. Dispute Resolution: In the event of any dispute between the parties to this Agreement, such dispute shall be submitted to a jointly selected mediator in Denver, Colorado who shall be charged with resolving the dispute. The costs and expenses of mediation shall be split one half by each party. In the event that this dispute is not resolved by the mediator, the parties agree that they will submit the dispute to an arbitrator in accordance with the rules of the American Arbitration Association, which resolution shall be binding on both parties and may not be appealed by either of them. The costs of this arbitration shall be borne by both parties one half to each. In conjunction with the outcome of such arbitration, the arbitrator may award the successful party its costs and expenses as well as its reasonable attorney's fees as part of the overall award to it/him her. Each party waives his/her/its right to a trial by jury.
18. Governing Law: This Agreement shall be interpreted in conjunction with the laws of the state of Colorado. Venue shall be proper in the district court in Denver County, State of Colorado.
19. Counsel: Each party acknowledges that it has had time and opportunity to review this Agreement and obtain counsel of its choice and advice as deemed necessary or desirable.
BlueInk Review, LLC.