Terms and Conditions

Terms and Conditions. (For specific terms for The Co-Author Project scroll down)

These are the Terms and Conditions for Dauntless LLC, which owns and services the Ray Brehm family of sites.

Modified: May 24, 2020

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and any disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States and Arizona Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual Clients. We constantly review our systems and data to ensure the best possible service to our Clients. There are specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

Confidentiality

Any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our employees and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.

Disclaimer

Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:

excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Availability
Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.

Log Files
We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

Cookies
Like most interactive web sites this Company’s website uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.

Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Copyright and Trademark
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

This Company’s logo is a registered trademark of this Company in the United States and other countries. The brand names and specific services of this Company featured on this web site are trade marked.

Communication
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.

This company is registered in Arizona, United States, registered office 18444 N 25th Avenue, Suite 420, Phoenix, Arizona 85023.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of Arizona, United States govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the Arizona courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site Clients’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

THE CO-AUTHOR PROJECT TERMS

This Idea Use Consent and Release Agreement (hereinafter referred to as the “Agreement”) is entered into by and between Dauntless (hereinafter referred to as the “Organizer”) and the registered participant, (hereinafter referred to as the “Co-Author”).

The Organizer and the Co-Author are hereinafter individually referred to as "Party" and collectively as "Parties"

1. Subject of the Agreement

1.1 The Parties understand and agree that the Agreement hereby confirms that the Co-Author grants permission to the Organizer for the use of ideas, descriptions and other related pieces of information which have been or will be provided in execution of the Agreement to the Organizer, through way of completing a Survey provided to the Co-Author by the Organizer, or by any other form of communication medium including emails, text messages etc. (hereinafter collectively referred to as the “Ideas”).

2. License and Consent
2.1 The Co-Author declares to be at least 18 years old, to have the legal capacity to enter this Agreement and agrees and consents to the following:

a) To grant permission to the Organizer, to use the Ideas in accordance with its business operations. Such use includes the display, distribution, publication, transmission or other use of the Ideas in materials that include, but not limited to: print materials, videos, movies or television/web-based series.
b) To waive any right to inspect and/or approve the Ideas, including any copy, text, video, audio or other matter which may be used in connection therewith, or to the eventual use that the Ideas may be applied.
c) To further release the Organizer and all other persons entitled under this Agreement to use the Ideas, from all liability for libel, invasion of privacy, and all causes of action whatsoever in relation to the Ideas, their making and use.
d) To waive any right to any credits, royalties or other compensation arising or related to the use of any of the Ideas.
e) To hold harmless and release and forever discharge the Organizer from all claims, demands, and causes of action which I, my heirs, representatives, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of the consent and authorization granted in this Agreement.

3. Organizer’s Obligations
3.1 The Organizer will act for the purposes of the Agreement in person of its authorized representative Alinka Rutkowska
3.2 The Organizer agrees and represents the following:

a) To provide chapter guidelines
b) To produce final book based on delivered chapters
c) To guarantee Amazon best-selling status in February 2021 and no later than June 2021 should February not be possible.
d) To refund the member should Amazon best-seller status in at least one category not be achieved by June 2021
e) Provide progress updates to Co-Authors.

4. Commitment items for Co-Authors
4.1 The Co-Author agrees and commits to the following:

a) to deliver print-ready chapter by Nov 30, 2020 and to be the sole author of the chapter (no chapter co-authors are allowed).
b) to effect non-refundable one-time payment of $1497 participation fee, alternatively 3 payments of $597 or 12 payments of $177 (any selection is non-refundable unless Amazon best-seller status has not been achieved by June 2021). This amount is may be discounted to frequent contributors.

5. Exclusions from Liability
5.1 The Co-Author accepts previous clause 4 "as is", and without warranties, express or implied, including, but not limited to, the implied warranties of merchantability, merchantable quality, title, non-infringement, durability or fitness for a particular use, purpose or application; timeliness, freedom from interruption; or any implied warranties arising from any representation made verbally by any representative of the Organizer, trade usage, course of dealing or course of performance.

6. Severability
6.1 If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part provision shall, to the extent required, be deemed not to form part of this Agreement, and the validity and enforceability of the other provisions of this Agreement shall not be affected. If a provision of this Agreement (or part of any provision) is found to be illegal, invalid or unenforceable, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable and to best meet the legal and economic aim of the inoperative provision.

7. Independent Operators
7.1 The Parties agree that the Co-Author shall be for all purposes under this Agreement an independent operator and not an agent, partner and/or employee of the Organizer. In no event shall this Agreement or be construed as establishing a partnership, employment, joint venture or similar relationship between the Parties.

8. Entire Agreement
8.1 This Agreement and any attachment(s) hereto, represents the entire agreement between the Parties on the subject matter hereof and supersedes all prior discussions, agreements and understandings of every kind and nature between them. No modification to this Agreement will be effective unless in writing and signed by duly authorized representative of each Party.

9. Force Majeure
9.1 If a Force Majeure Event occurs, performance of the Parties’ obligations under this Agreement shall be suspended for the duration of the delay caused by the Force Majeure Event, without any penalty. The Parties shall undertake to make their best efforts in order to minimize the consequences relating to such Force Majeure event.

10. Governing Law and Settlement of Disputes
10.1 This Agreement shall be subject to and construed according to the substantive law of Arizona, USA.
10.2 Each party agrees to continue performing its obligations under this Agreement while any dispute is being resolved unless and until such obligations are terminated by the termination or expiration of this Agreement.