Terms of Use.

One Stop Publishing grants you access to its website conditioned your acceptance of the terms, conditions and notices contained herein together with our privacy policy.

1. Acceptance of Terms.

Please read these terms of use carefully. If you do not agree with these terms, please exit the site immediately and discontinue the use of our site. 

You are expected to check this page from time to time to take notice of any changes One Stop Publishing has made, as they are binding on you.

These Terms of Use were updated as of May 5th, 2021.

2. Use and Restrictions.

The Sites and Apps may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites and Apps under applicable laws.

You acknowledge that One Stop Publishing in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future access to our site. 

3. Copyright

The Content, Sites, Apps, as well as the selection and arrangement thereof, are the sole property of One Stop Publishing Company, and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with One Stop Publishing written consent. 

4. Trademark

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on our One Stop Publishing site are proprietary to One Stop Publishing Company.  .

5. Copyright and Trademark Infringements

Notification:

One Stop Publishing respects the intellectual property rights of others, and we ask you to do the same. 

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Sites or Apps, and information reasonably sufficient to permit One Stop locate the material.

Information reasonably sufficient to permit One Stop Publishing to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

By email: steve@kcrem.com

By mail:

Attention: One Stop Publishing

2 Canton St.- Suite 222

Stoughton, MA 02072

6. Terms of Sale

All product sales from One Stop Publishing are governed by any terms of sale that may be posted on our site. You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in One Stop Publishing’s sole discretion so you should review the terms of sale each time you make a purchase. Additional information may be found in our FAQ and online shopping sections of our site. 

7. Electronic Communications

You consent to receive electronic communications from One Stop Publishing either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites and Apps for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites and Apps shall satisfy any legal requirement that such communication be in writing.

You agree that One Stop Publishing may use and/or disclose information consistent with its Privacy Policy.

8. Submissions

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos, videos, product or services feedback or ideas and any other content or material that you submit, upload, post or otherwise make available on or through the Sites and Apps (each a "Submission") and through the services available in connection with the Sites and Apps, and that you, and not One Stop Publishing Company, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to One Stop Publishing Company.) You represent that the posting and use of your Submission on or through the Service does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; you agree to pay for all royalties, fees, and any other monies owed by reason of Submission you post; and you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.

Unless otherwise explicitly stated herein or in the One Stop Publishing Company Privacy Policy, you agree that any Submission provided by you in connection with the Sites and Apps is provided on a non-proprietary and non-confidential basis.

9. Prohibitions: One Stop Publishing prohibits offensive behavior. However that prohibition does indicated that are to monitor, police or remove any Submissions or other information submitted by you or any other user.

10. Indemnification

You agree to defend, indemnify and hold harmless One Stop Publishing Company, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Sites and Apps; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss of damage we suffer as a result of your breach of these Terms of Use.

12. Links to Third Party Websites

Our site may contain links to websites and other resources operated by third parties other than One Stop Publishing Company. Such links are provided solely as a convenience to you. One Stop Publishing does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Sites and Apps does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

13. Warranties and Disclaimer

The Site and content provided by our website is provided “as is” with no warranty of any kind. 

Nothing in these Terms of Use shall effect your legal rights under applicable consumer laws.

In addition our site may contain typographical errors or inaccuracies and may not be complete or current. Therefore One Stop Publishing reserves the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted, and to change or update information at any time without prior notice. 

Minor differences in color and other variations in products are possible as a result of different image acquisition, display technologies or other technical reasons. One Stop Publishing is not responsible for these variants or variations.

One Stop Publishing may cancel an order by giving you written notice if the item becomes unavailable for any reason. 

16. Limitation of Liability

One Stop Publishing Company and all of its associates, will not be liable for any indirect, special, punitive, incidental, consequential damages or lost profits. 

You hereby explicitly agree to the Rules of the American Arbitration Association. By agreeing to arbitration, You understand and agree that You are waiving Your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle any disputes. Furthermore, YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL in any dispute with One Stop Publishing

You agree that any claim you may have arising out of or related to your relationship with One Stop Publishing must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

17. Arbitration

General

We believe that arbitration offers a prompt and efficient way to resolve any dispute, controversy or other claim between us (whether arising under any legal or equitable theory, and given the broadest meaning enforceable under law, a “Dispute”).

To the maximum extent permitted by law, you and we agree that any and all Disputes will be resolved exclusively and finally using binding arbitration and will only be conducted on an individual basis and not in a class, consolidated, representative or similar action, except as provided below. There is no judge or jury in arbitration, the discovery and other procedures are more limited and less formal, and court review of an arbitration award is limited. The arbitrator must follow these Terms of Use and can award the same damages and relief as a court in an individual proceeding (including attorney’s fees).

Acceptance of these Terms of Use constitutes a waiver of your right to litigate the Dispute in any court, the opportunity to be heard by a judge or jury, and the ability to proceed in a class, consolidated, representative or similar action, except as provided below.

Pre-Arbitration Claim Resolution

Before you can commence any proceeding as to a Dispute, you must first give us an opportunity to resolve the Dispute by emailing us at steve@kcrem.com., a notification that contains the following information: (1) your name, (2) your address, (3) a written description of your claim in the Dispute, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue the Dispute in arbitration or, if you have opted out of arbitration as provided under “Right to Opt Out, in court.

Arbitration Procedures

If the Dispute is not resolved as provided under Pre-Arbitration Claim Resolution, either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator. All issues shall be for the arbitrator to decide, including the scope of the arbitration provisions in these Terms of Use.

The AAA rules are available at www.adr.org or by calling 1-800-778-7879. These Terms of Use govern in the event of any conflict with the applicable arbitration rules.

Under no circumstances will class action procedures or rules apply to the arbitration, and the arbitrator may not consolidate more than one person’s Disputes or otherwise preside over any form of a class, consolidated, representative or similar action, unless both you and we specifically agree following initiation of the arbitration. The arbitration will be conducted in English, closed to the public and confidential. All related records shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award.

The U.S. Federal Arbitration Act (“FAA”) may govern the arbitrability of Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or conditions precedent to suit.

Nothing herein will preclude us from seeking provisional remedies in aid of arbitration (such as orders to stay a court action or compel arbitration), temporary restraining orders or similar relief, or redress for potential violations of our intellectual property rights, from any court of competent jurisdiction.

Arbitration Award

The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration

Unless we mutually agree on a different location, arbitration shall occur in Seattle, Washington. You waive any right to claim that such location is an inconvenient forum, and you agree not to sue us or bring arbitration in any other forum.

To minimize the costs and burdens of associated with arbitration, you and we agree that the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration. You and we further agree that the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties.

Payment of Arbitration Fees and Costs

So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration filing, administration and arbitrator fees and associated costs and expenses in any Dispute involving claims totaling less than $10,000. You will be responsible for all additional fees and costs that you incur in the arbitration, including the fees and costs of any attorney or expert witness you use. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.

Waiver of Class Action, Jury and Other Rights

You acknowledge and agree that, subject to your ability to pursue a Dispute in court by complying with the procedures above under “Right to Opt Out,” your acceptance of these Terms of Use constitutes your waiver of certain rights, including your right to litigate a Dispute in a public court before a judge or jury; your ability to participate in a class, consolidated, representative or similar action; your ability to conduct discovery and other procedures except under AAA rules; and your right to certain remedies, relief or other.

18. Governing Law

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Sites, Apps and/or the Content must and will be venued exclusively in Boston, Massachusetts, USA

 19. Entire Agreement

These Terms of Use, Cookie Policy and our Privacy Policy constitute the entire agreement between you and One Stop Publishing Company.