Terms of Use

1. The agreement, and how you accept it

These Terms of Use (the "Terms") are an agreement between you and Doxprint LLC, a New Mexico limited liability company ("Doxprint," "we," "us," or "our") governing your use of quietlykilling.com (the "Site"). Doxprint LLC operates the Site and publishes What Is Quietly Killing Your Company. Sharam Kohan is the author and holds the copyright in the book and in the writing on this Site, which he licenses to Doxprint LLC.

Reading the Site. By using the Site you agree to these Terms. If you do not agree to them, the remedy is simple and immediate: stop using the Site.

Sending us something. Every form on the Site carries a checkbox that you must tick yourself before the form will send. Ticking it records your agreement to these Terms and to the Privacy Policy as they stood at that moment. The box is never ticked for you, and the version in effect is recorded with your submission.

The Site is intended for adults. By using it you represent that you are at least 18 years of age, and that if you are acting for an organization you have authority to bind it.

2. What this site is, and what it is not

The Site describes a book and publishes writing on its subject. That is the whole of it.

Nothing here is professional advice. The book and the essays argue positions about organizations, management, behavior, and law. They are scholarship and commentary. They are not legal advice, not human resources advice, not financial advice, not medical advice, and not advice of any other professional kind, and they are not a substitute for advice from someone you have retained who knows your circumstances.

No professional relationship is created. Reading the Site, writing to us through it, or receiving a reply does not create an attorney-client relationship, a consulting relationship, or any other professional or fiduciary relationship. No legal services are offered or provided through this Site. If your situation calls for legal advice, retain a lawyer licensed in your jurisdiction.

Nothing here is confidential. A message sent through this Site is ordinary correspondence. Do not send anything you regard as confidential, privileged, or proprietary, and do not send information belonging to your employer or to a client that you are not free to send.

3. What you may do here

You may read the Site, quote briefly from it for criticism, comment, teaching, scholarship, or news reporting with attribution, link to it, and print or save a copy for your own use. Those uses are welcome and require no permission.

You may not copy the Site's writing wholesale, republish it, mirror it, sell it, or present it as your own work. You may not use the Site or anything on it to train a machine learning model, and you may not scrape it systematically by automated means.

You may not interfere with the Site's operation, attempt to gain access to any part of it that is not public, submit anything unlawful or malicious through a form, misrepresent who you are, or use the Site to send unsolicited commercial messages.

4. Intellectual property

The text of the book, the writing published on the Site, the design of the Site, and its images and code are protected by copyright and other laws. Sharam Kohan holds the copyright in the writing and licenses it to Doxprint LLC. All rights not expressly granted above are reserved.

Quotation for the purposes named in the preceding section is fair use and is welcome. Reproduction of a substantial portion, of jacket artwork, or of the Site's design is not, and requires written permission. Requests may be sent through the contact page.

5. Names, marks, and the companies discussed

The book and the essays discuss real organizations by name. Those names are used to identify the organizations being discussed and to comment on events that have been publicly reported. Company names, product names, and logos are the property of their respective owners.

Their use here is commentary, criticism, and scholarship. It does not indicate affiliation with, sponsorship by, approval from, or endorsement by any organization named, and it should not be read as a statement about the current conduct of any organization.

Naming a publisher, a university, a professional body, a journal, or a retailer indicates where something may be found or where a credential was earned. It does not indicate affiliation or endorsement.

6. What you send us

When you send us a message through a form, you keep everything you own in it. You grant us only what is needed to receive, read, store, and respond to your message, and to keep it as a business record. We will not publish your message, quote it publicly, or use it in marketing.

You are responsible for what you send. By sending it you confirm that it is yours to send, that it is accurate so far as you know, and that it does not infringe anyone's rights or violate any obligation of confidence you owe to anyone.

If you send an unsolicited idea, proposal, or manuscript, we cannot treat it as confidential and we accept no obligation with respect to it. We do not review unsolicited submissions for publication, and none should be sent.

7. Links and services operated by others

The Site links to websites we do not control, including the retailer that sells the book, the sites for the author's other books, and sources cited in the essays. We provide those links for convenience and for verification. We do not endorse those sites, we are not responsible for their content, their products, or their practices, and your dealings with them are between you and them.

8. Buying the book

The Site sells nothing. A link marked as a purchase link takes you to Amazon, where the sale is made. Price, availability, payment, tax, shipping, delivery, returns, and refunds are governed by that retailer's terms and are outside our control. Any figure shown here is indicative and may be out of date; the retailer's page governs.

Where a bibliographic detail on this Site differs from the printed book, the printed book governs.

9. Disclaimer of warranties

The Site and everything on it are provided "as is" and "as available," without warranty of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Site is free of harmful components. We do not warrant that the information here is complete, current, or suitable for any purpose you have in mind. The arguments the book makes are arguments; nothing here guarantees a result in any organization.

10. Limitation of liability

To the fullest extent permitted by law, neither Doxprint LLC nor Sharam Kohan shall be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, lost goodwill, or business interruption, arising out of or related to these Terms or your use of the Site, whether the claim is framed in contract, in tort, or otherwise, and whether or not we were advised that such damages were possible.

To the fullest extent permitted by law, our total aggregate liability for all claims arising out of or related to these Terms or your use of the Site shall not exceed one hundred United States dollars ($100).

Some jurisdictions do not allow the exclusion of implied warranties or the limitation of certain damages. Where that is so, the exclusions and limitations above apply only to the extent the law allows, and nothing here limits liability that cannot lawfully be limited.

11. Indemnification

You agree to indemnify and hold harmless Doxprint LLC and Sharam Kohan from any claim, demand, loss, or expense, including reasonable legal fees, arising out of your breach of these Terms, your misuse of the Site, your violation of any law, or your infringement of anyone's rights. We reserve the right to assume the exclusive defense of any matter otherwise subject to indemnification by you, in which case you agree to cooperate.

12. Copyright complaints

We respect copyright and we expect the same in return. If you believe material on this Site infringes a copyright you own or control, send a notice through the contact page identifying the work you say is infringed, identifying the material on this Site you say infringes it with enough detail for us to find it, giving your contact details, and stating that you have a good faith belief that the use is not authorized and that the information in your notice is accurate.

We will look into any such notice and, where it is well founded, remove or disable access to the material.

13. Governing law, informal resolution, and where disputes are heard

Governing law. These Terms, and any dispute arising out of or relating to them or to the Site, are governed by the laws of the State of New Mexico, without regard to its conflict of laws rules.

Talk to us first. Before starting any formal proceeding, you agree to contact us through the Site and describe your claim in writing. Most disagreements can be settled that way, and we will make a serious attempt to settle yours. If it is not resolved within 30 days of our receiving your description, either of us may proceed.

Where. Any action arising out of or relating to these Terms or the Site shall be brought exclusively in the state or federal courts located in the State of New Mexico, and you consent to the personal jurisdiction of those courts.

Individual basis. To the extent permitted by applicable law, any dispute will be resolved on an individual basis, and not as a class, consolidated, or representative action.

Nothing in this section prevents either of us from seeking injunctive relief to protect intellectual property rights, and nothing in it deprives you of any right to complain to a government agency.

14. Changes to these Terms

We may revise these Terms. When we do, the effective date at the top of this page changes and the revised Terms take effect when they are posted. Using the Site after that date means you accept the revision. The version identifier recorded with each form submission changes at the same time, so it is always possible to establish which version was in effect when a message was sent.

If you do not accept a revision, stop using the Site.

15. The remaining clauses

Severability. If any provision of these Terms is held unenforceable, that provision is to be limited or severed to the minimum extent necessary, and the rest remains in force.

No waiver. A failure to enforce a provision is not a waiver of it.

Assignment. You may not assign these Terms. We may assign them to a successor in connection with a transfer of the business or of the publishing rights.

Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and Doxprint LLC concerning the Site, and they supersede anything said about it previously.

Access. We may change, suspend, or discontinue any part of the Site at any time, and we may restrict access to anyone who breaches these Terms.

16. How to reach us

Write to us through the contact page.