Last Updated: Feb 28, 2022

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING WWW.PEARMANPUBLISHING.COM (the “Site”). These Terms of Use govern your access and use of the Site. If you do not agree with these Terms of Use, please do not use this site.

Acceptance of Terms of Use. By using the Site, you acknowledge having read and understood these Terms of Use and, accordingly, you agree to abide by them. These Terms of Use represent an agreement between you and Pearman Publishing LLC (“Pearman Publishing”). These Terms of Use may be changed at any time. Any such change will be posted on this Site. We encourage you to review these Terms of Use from time to time for any changes. You agree that your use of the Website after such changes will constitute your acceptance of such changes.

Links. The Site may contain links to websites operated by other parties. Pearman Publishing provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not under the control of Pearman Publishing, and Pearman Publishing is not responsible for the content available on the other sites. Such links do not imply Pearman Publishings’ endorsement of information or material on any other site and Pearman Publishing disclaims all liability with regard to your access to and use of such linked websites.

This Site may from time to time contain materials, data or information provided, posted or offered by third parties. You agree that Pearman Publishing shall not have any liability whatsoever to you for use of or reliance on any such third-party material, data or information.

Intellectual Property. The Site and all material on the Site, including but not limited to audio, video, photographs, illustrations, lyrics, software, etc. (the “Materials”) is the sole and exclusive property of Pearman Publishing, its affiliates and/or licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site or the Materials other than as expressly authorized by Pearman Publishing in writing. All rights reserved. Subject to the terms set forth in these Terms of Use, Pearman Publishing grants you a non-exclusive, non-transferable, limited right to access, use and display this Site and the visible text, graphics or images thereon, and to view and download the Materials, only in connection with your personal and non-commercial use of the Site. This authorization is not a transfer of title in the Materials or to copies of the Materials and is subject to the following restrictions: a) you must comply with applicable copyright laws, retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; b) you may not copy, modify, reproduce, reverse engineer, make derivative works from, distribute, sell, publish, communicate, broadcast, perform, publicly display or otherwise make available the Materials in any way or use them for any public or commercial purpose; c) you may not transfer the Materials to any other person without Pearman Publishing’ prior written consent; d) you may not print or copy any of the HTML or other computer programs that are viewable at the Site.

This Site, including all Materials, is protected by United States and worldwide copyright laws and treaty provisions. You agree to comply with all applicable copyright laws in your use of this Site and to refrain from any unauthorized copying of the Materials. Except as expressly provided herein, Pearman Publishing does not grant any express or implied right or license to you in any intellectual property right, including under any patent, trade-mark, copyright or trade secret. Pearman Publishing does not grant to you ownership of any Materials or confidential information of Pearman Publishing, its affiliates or licensors.

The trademarks, tradenames, logos and service marks (collectively, “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Pearman Publishing. Trademarks of third parties may also appear on the Site. Nothing contained on the Site should be construed as granting any license or right to use any Trademark appearing on the Site without the prior written approval of Pearman Publishing or the third party that may own the applicable Trademark. Unauthorized use of any Trademark appearing on the Site is prohibited and may be a violation of federal and state trademark laws.

Children. We strive to comply with the Children’s Online Privacy Protection Act. We do not knowingly collect any personal information from those under the age of 13. If you are under 13 years of age, please do not provide any personally identifiable information to us.

Disclaimer of Warranties. This Site and the Materials are provided “as is” without any representation or warranty, express or implied, of any kind. Pearman Publishing does not warrant that this Site will operate without interruptions or that it will be error free. Pearman Publishing hereby disclaims all warranties and conditions with regard to the Site and the Materials, including, but not limited to, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise at law, or from a course of dealing or use of trade. Pearman Publishing makes no warranty as to the quality, accuracy, completeness or reliability of the Site, its security or any services or content available through the Site. You are responsible for verifying any information before relying on it. Use of the Site and the services and content available on the Site is at your sole risk.

The Materials may contain inaccuracies and typographical errors. Pearman Publishing makes no representations or warranties about the accuracy, availability or completeness of the Materials, or the reliability of any information displayed or distributed through this Site. You acknowledge that any reliance on any of the foregoing and your use of the Site shall be at your sole risk. Pearman Publishing reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site. Pearman Publishing may make any other changes to this Site, the Materials and the services, products described on this Site (if any) at any time without notice.

Any Material obtained through the Site or Pearman Publishing is obtained at your own discretion and risk and you will be solely responsible for any damage to any equipment, systems, hardware, software or data loss that may result from such use or download. E-mail messages may not be secure and may be intercepted by third parties. Pearman Publishing makes no warranty whatsoever as to the security of this Site or Pearman Publishing’ equipment, servers, systems, hardware or software, or to the prevention of unauthorized access of same by third parties. If you send us an e-mail containing confidential information about You, You agree that You do so at your own risk and to hold Pearman Publishing harmless from any loss that You may suffer as a result.

Limitation of Liability. IN NO EVENT SHALL PEARMAN PUBLISHING, ITS AFFILIATES, LICENSORS, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR OTHER DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) (COLLECTIVELY “LOSSES”) RELATED TO THE USE OF, OR THE INABILITY TO USE, THIS SITE, ITS CONTENTS OR MATERIALS AVAILABLE FROM THIS SITE, OR ANY INFORMATION, PRODUCTS AND SERVICES OBTAINED THROUGH THIS SITE, OR FUNCTIONS OF THIS SITE OR ANY LINKED SITE, WHETHER OR NOT PEARMAN PUBLISHING OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE AND THE CONTENT THEREON, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.

Indemnity. By using this Site, you agree to indemnify, defend and hold harmless Pearman Publishing, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of the Site and/or breach of the Terms of Use. Pearman Publishing reserves the right, at any time, to assume the exclusive defense and control of any matter subject to indemnification by you.

Objectionable Material. You understand that by using the Site, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Site at your sole risk and Pearman Publishing shall have no liability to you for material that may be found to be offensive, indecent, or objectionable. By using the Site, you confirm that you are 18 years of age or more, or that you are 13 years of age or more and that you have received your parent’s or guardian’s consent to use the Site.

Termination. Pearman Publishing may discontinue or suspend the Site at any time without notice, and Pearman Publishing may block, terminate or suspend your access to the Site at any time for any reason in its sole discretion, even if access to the Site continues to be allowed to others. Upon such suspension or termination, You must immediately discontinue use of the Site and any Materials obtained from the Site. You acknowledge and agree that Pearman Publishing shall not be liable to You or any third party for any termination or suspension of your access to the Site.

Privacy. For information regarding Pearman Publishing’ policies and practices relating to the collection, use, disclosure and storage of personal information please read our Privacy Policy, available on the Site.

Unsolicited Submissions. Pearman Publishing does not accept any unsolicited submissions of any materials or works whatsoever including, but not limited to, demos, pitches, proposals, ideas, compositions, performances, or creations of any sort, whether in whole or in part, whether text-based, electronically produced or in other soft-copy or hard copy, and whether or not copyright or trademark protected or otherwise (an “Unsolicited Submission”). In the event You choose to make such Unsolicited Submission, You acknowledge that any consideration by Pearman Publishing of such Unsolicited Submission is not an admission by Pearman Publishing of the novelty, propriety, originality or value of such Unsolicited Submission and You further acknowledge that Pearman Publishing has not made any prior inducements, promises or representations to You regarding such Unsolicited Submission. You further acknowledge that You have retained a copy of such Unsolicited Submission and hereby release Pearman Publishing from any liability for any loss or damage to the copy of such Unsolicited Submission that was made by You to Pearman Publishing and acknowledge that Pearman Publishing has no obligation to return any such Unsolicited Submission to You or respond to You in any way. You hereby agree to indemnify and hold harmless Pearman Publishing from and against any and all claims, expenses, losses or liabilities (including, without limitation, reasonable attorney’s fees), now known or unknown, that may be asserted against Pearman Publishing or incurred by Pearman Publishing at any time in connection with your Unsolicited Submission or any use thereof. Pearman Publishing shall be entitled to all rights of exploitation, in accordance with all applicable laws, in any ideas, concepts or materials that Pearman Publishing independently creates, or that Pearman Publishing acquires from a third party, even if similar or identical to an Unsolicited Submission made by You. You acknowledge that any Unsolicited Submission made by You to Pearman Publishing may be similar or identical to projects, products, ideas, designs and other materials that are already owned by Pearman Publishing or any of its affiliates, submitted (unsolicited or not) to Pearman Publishing or any of its affiliates by others, or that hereafter may be originated by Pearman Publishing or any of its affiliates or submitted (unsolicited or not) to Pearman Publishing or any of its affiliates by others, and that materials used by Pearman Publishing or any of its affiliates, may embody elements similar to any Unsolicited Submission made by You to Pearman Publishing. You acknowledge that You shall not be entitled to any compensation because of Pearman Publishing’ use, or the use by any of its affiliates, of such other similar or identical elements or items.

Miscellaneous. If any provision of the Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Pearman Publishing’ failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive Pearman Publishing’ right to act with respect to subsequent or similar failures. The Terms of Use set forth the entire understanding and agreement between you and Pearman Publishing with respect to the use of the Site. You may not assign or transfer your rights or obligations hereunder without the prior written consent of Pearman Publishing, and any assignment or transfer in violation of this provision shall be null and void.

Contact. Please direct any questions you may have about the Site or the Terms of Use to:

Pearman Publishing LLC
PO Box 927
Arkansas City, Kansas 67005

or by e-mail at:

info@pearmanpublishing.com