Customer Agreement

The Heath Reviewer Customer Agreement


This Agreement is made on the date of successful payment for services and agreed to by and between the person or legal person whose name and address are filled in on the payment form ("customer" or "you"), and The Heath Reviewer ("we" or "us"), a division of ECS Associates, LLC. By submitting payment and a manuscript, customer hereby agrees to the following:
  1. Cancellation - Customer may not cancel this agreement. In order to meet deadlines, The Heath Reviewer begins processing services immediately. There is no return policy, other than as outlined in of the sections of this agreement titled "Word Count" and "Three Week Guarantee".
  2. Word Count - Manuscripts are run through a word counting software. If The Heath Reviewer finds that a manuscript is longer than indicated by the customer, additional monies will be due, according to the payment plans outlined on www.theheathreviewer.com. The Heath Reviewer will contact you by the methods you provided on the payment form to request additional payment. In the event we cannot make contact with you, or you are unwilling or unable to make additional payments, we will refund 50% of your payment, and no further services will be due to you. The "Three Week Guarantee" will not begin until all payments are received.
  3. Three Week Guarantee - Three weeks is defined as 21 days, starting the first standard US business day after an order is successfully processed and payment made and a manuscript is received by The Heath Reviewer, excluding federally recognized US holidays, and ending at 11:59 p.m. Arizona Time on the 21st day. A representative of The Heath Reviewer will either post your review to The Heath Reviewer blog page and the media sources you provided when placing your order, or a representative of The Heath Reviewer will send notice of a negative review to the email address you provided when purchasing your review. The Heath Reviewer is not responsible for technical problems arising from outages, maintenance, or any other reason by Amazon.com, Kindle.com, and Facebook.com, or their respective contractors, and the Heath Reviewer will not be held to its 21 day deadline, if a posting is delayed for these reasons. If, however, The Heath Reviewer due to its own negligence fails to deliver a review, as purchased, within the 21 day time frame, The Heath Reviewer will issue a refund equal to the amount you paid for that single review, which will constitute full restitution of damages, and that single review will no longer be due to you.
  4. Positive Feedback Safety Net - If the reviewer feels that your manuscript deserves a "6 out of 10" rating or lower, you will be notified at the email address you provided when purchasing your review package. The Heath Reviewer is not an editing company. By submitting your manuscript, it is assumed that you believe it to be fully edited and publication worthy. Any suggestions our reviewers may make, as an explanation for a potentially negative rating, will be given in broad terms. It is up to you, the author, to seek editorial help from third party sources, as needed. Once notice is emailed to you of a "6 out of 10" or lower rating, you will have sixty days to resubmit your manuscript for a one-time only re-review. If the re-review score is a "6 out of 10" or lower, the re-review will be posted to The Heath Reviewer blog and the URLs you provided when purchasing your review, without another chance to edit and resubmit. If you choose not to resubmit your manuscript within the sixty-day time period after notification of a "6 out of 10" review or lower, no review will be posted to The Heath Reviewer or the URLs you provided when purchasing the review. The Positive Feedback Safety Net is NOT a refund policy nor is it a guarantee of a positive review. Your manuscript will be assigned to and assessed by one of our reviewers. No monies will be returned, regardless of whether you ultimately choose to forfeit your review by not resubmitting within the sixty-day time period after we email a notice of a "6 out of 10" or lower rating to the email address you provided when placing your order.
  5. Use of the Review - Customer may reproduce The Heath Reviewers' review of the customer's manuscript in its entirety or any portion thereof. Customer may not add to, alter the integrity of, or misquote the review. When reproducing our review, customer must always prominently display "The Heath Reviewer" as the review's source, along with the full name (as provided when originally published on www.theheathreviewer.com) of the individual reviewer. The Heath Reviewer reserves the right to reproduce, publish and distribute all reviews published on www.theheathreviewer.com, without limitation.
  6. Ownership - Manuscripts in any format submitted by you to The Heath Reviewer become the property of The Heath Reviewer and will not be returned to you.
  7. Subjectivity - Customer understands and agrees that a review is an opinion, and is by its nature subjective. You are soliciting our opinion about your work. It is assumed that you want our opinion to be know openly and publicly. Once our review has been posted to The Heath Reviewer and the media sources you indicated when placing your order, the review will not be rescinded. The Heath Reviewer disclaims all warranties, express or implied, including but not limited to, the marketability of a review for a specific purpose. The Heath Reviewer, at its discretion, will consider editing a review, if it is found to contain nonfactual information, misspellings, incorrect grammar, or typing errors. It is agreed that customer's disagreement with The Heath Reviewer's opinion of the customer's work is not grounds for legal action or threats of legal action.
  8. Originality and Copyright - The customer warrants that you are submitting original, non-plagiarized work, to which you own the copyright. If it is discovered that you have submitted plagiarized, significantly plagiarized, or another person's copyrighted material, this agreement is considered breached by you, no services will be due you, and no refunds will be made. The Heath Reviewer, at its discretion, may notify the copyright owners and any appropriate enforcement agencies about the breach. Customer releases and shall indemnify and defend The Heath Reviewer, its affiliates, and its reviewers from liabilities, damages, losses, claims, costs, and fees, including attorney's fees, related to or arising from the customer's breach of this agreement.
  9. Jurisdiction - This agreement shall be construed and interpreted according to the laws of the state of Arizona and shall be binding upon the parties hereto, their heirs, successors, assigns, and representatives. Customer hereby submits to the exclusive personal jurisdiction of the federal and state courts located in Phoenix, Arizona, which shall have exclusive jurisdiction to hear and settle any and all matters involving this agreement.
  10. Confidentiality - The parties shall keep confidential all Confidential Information and not, without the prior written consent of the other party, disclose the Confidential Information to any other party save to the extent required to perform the reviewing services and provided by law
  11. Entire Agreement - This agreement constitutes the entire agreement between the parties with respect to its subject matter. It supersedes all previous agreements and understandings between the parties and each party acknowledges that, in entering into this agreement, it does not do so on the basis of or in reliance upon any representations, promises, undertakings, warranties or other statements (whether written or oral) of any nature whatsoever except as expressly provided in this agreement.