Xlibris Publishing

I initially self-published my first and only book thus far, "Poetic Potpourri",

with this company back in late December 2011 in print, and the digital version was released in March of 2012. I do NOT recall signing anything, even a contract, good thing I didn't, they ARE just another rip-off and scam as it turns out. I'm still seeing online now in 2022 all the negative reviews and other similiar complaints about Xlibris Publishing and its many affiliates, very frustrating, but not entirely surprising. Once a scam, always a scam. I will NEVER deal with ANY of these company names AGAIN, I've learned my lesson. I strongly believe that ALL of my fellow and lady authors deserve a fair and just resolution regarding ALL such fraudulent companies. Lastly for now, in my recollection, I received two, maybe three, but indeed no more than 10 royalty cheques since initial publication and distribution, they probably took roughly 3K dollars for the entire project, and their persistent phone calls had become quite annoying at the time. NO reports on total book sales mailed or anything, these companies SHOULD and WILL pay at some point!

Apologies for all caps. Disbaled person typing. Also, I have broken some of your rules, please take into account that my 28 chronic health problems include depression, general anxiety, panic attacks, agoraphobia, ocd, toxic perfectionsionism, and imposter syndrome.

Xlibris review friday 24/12/2021

Since my son nearly died in 2016 from gbs, I had a mental breakdown from which I have never fully recovered. I have developed cognitive impairment to the extent there are days i'm as dumb as a doornail. I often experience "brain fog". On some days, i'm my old self: a gifted/genius polymath with an iq of 160. Unfortunately, xlibris australia and usa caught me on my most vulnerable days. I wanted to be an author so much I would have a sold a kidney. However, I forgot that since 2011 when I was suicidal after my pain management doctor called me a "junkie" that I had appointed three people to have an enduring power of attorney and enduring guardianship, I did not have the mental capacity to enter a contract. Now my type 2 diabetes is out of control, and I have chronic oedema and cellulitis with ulcers and blisters. I have also developed parkinson's disease. I told xlibris that I would be unable to produce a manuscript and wanted my money back. Most of the au$42, 000 I invested was from the australian federal governments national redress scheme for victims of institutional sexual abuse. When I signed the contracts, I didn't read them because they were on my "off" days and I couldn't focus and concentrate to read them. I went by the representations made to me by xlibris's marketing/sales consultants.

You get no refund after 90 days. I have done quite a few courses to write my book, so I know a newbie author, no matter what chandler bolt of self-publishing school says, can write three drafts and do eight edits and have a finished manuscript published in 90 days.

Many of the terms in xlibris's contract are unconscionable, which makes the contract void.

They also get you to sign away your right to sue in a court in a civil claim, which is also unconscionable. It is a person's fundamental legal right to have the courts decide the fairness or otherwise of an agreement.

Go on youtube and see what the unhappy customers have to say. I have.

Xlibris are crooks, and thieves. Never do business with them. You will regret it.

For those who are happy customers, you can get better prices and better services elsewhere. They are sweet talkers in getting your money, but once you sign that contract, their smart-[censored] lawyers think that they have it all tied up.

We shall see.

0 stars out of five. However, I had to post one star otherwise I couldn't submit my post.

When I was an accountant, you could get better deals from the mafiosi than what xlibris offer
_

Cancellation of contracts #4
24 dec at 3:21 pm
Printraw message
Ted mccartin
To: fel garcia, xlibris yuki kenzo
Dear fel and yuki-san, I really do like you guys. Have you been told by management or the cfo or in-house counsel not to communicate with me?

This didn't have to get nasty.

Under the principles of natural law, and common law, (the usa was still using sir william blackstone's works on common law after the civil war and into the cowboy era in the west
In the 1880s).

6.1 the common law has long regarded a person's property rights as fundamental. William blackstone said in 1773: 'there is nothing which so generally strikes the imagination, and engages the affections of mankind, as the right of property. '

6.2 however, many laws have been made that interfere with property rights.8 dec 2014

A common law right | alrc
https://www.alrc.gov.au ›... › 6. Property rights

How did blackstone define natural law?
The idea that a norm that does not conform to the natural law cannot be legally valid is the defining thesis of conceptual naturalism. As william blackstone describes the thesis, "this law of nature, being co-eval with mankind and dictated by god himself, is of course superior in obligation to any other.

Natural law | internet encyclopedia of philosophy

People also ask:
What was the role of william blackstone in developing the common law?
Blackstone's work was particularly important in elucidating the rights of individuals against government and the protection of liberty against the actions of officials seeking to silence criticism and suppress the ability of
The press to inform the public.

William blackstone | the first amendment encyclopedia
https://www.mtsu.edu › first-amendment › article › willi...

Search for: what was the role of william blackstone in developing the common law?
What was william blackstone theory?
Blackstone's meaning is simply that no human law has any moral validity or force against a natural law, and that no human law can affect the content of a natural right as such.

Blackstone's theoretical intentions;note - ndlscholarship

Your contract term which takes away my right to sue in court in civil litigation is unconscionable, and takes away my legal rights under the principles of natural law and common
Law. Contracts which oust the jurisdiction of the courts and deprive me of my rights for the courts to determine questions relating to my legal rights and obligations is void.

*the term makes the contract void, and the contract is unenforceable*.

There are a few things that make a contract unconscionable:

• undue influence: when one party puts unreasonable pressure on another or to enter a contract, or when someone takes advantage of the other party to get them to enter a contract *applies*
• duress: when one party threatens another to get them to enter a contract
• unequal bargaining power: when one party has an unfair advantage over the other party, especially when one of the parties doesn't fully understand the contract terms *applies*
• unfair surprise: when the party who wrote the contract included an element within it that was not in the original agreement or expected by the other party
• limiting warranty: when one party tries to limit their liability in the event of a breach of contract *applies*

If one or multiple of those events occurs when making an agreement, the contract is null and void and neither party is responsible for their end of the deal.

All express contracts must include the six basic elements of a contract for it to be legally binding and enforceable:

• capacity: a person's ability to enter a contract. People who are underage, mentally disabled, or intoxicated lack contractual capacity. *applies.* since 2011 I have given three people enduring power of
Attorney and enduring guardianship. Technically, I do not have the mental capacity to enter into a contract, and one of the people with enduring power of attorney should have
Been consulted, and if willing, sign the contracts on my behalf.
• offer: the statement of terms and conditions of an agreement by which the offeror is willing to be bound.
• acceptance: the offeree's acceptance of those terms and willingness to abide by the agreement. *I did not have the cognitive ability to read the terms and conditions of the contracts because of
Cognitive impairment. I signed the contracts based on the representations made by xlibris's marketing/sales consultants*.
• legality: whether or not the subject matter of the agreement is legal. *some of the terms of the contract are unconscionable, thereby making the contract void*.
• consideration: the exchange of one thing of value for another.
• mutuality: both parties must be bound to the contract or neither can be bound to the contract.

Adhesion contract

An adhesion contract, also known as a standard form contract, is sort of a"take it or leave it"situation. In these agreements, one party typically has more bargaining power than the other. When the offeror presents the contract, the offeree has little to no power to negotiate the terms and conditions included.

This lack of negotiation isn't done with bad intentions. In the case of adhesion contracts, the offeror is typically someone who offers the same standard terms and conditions to all of their offerees. Every contract is identical.

For example, if you were buying insurance, the agent would draw up the contract, the way they do with every other client, and you would either accept or deny the terms. It's not likely you'll be able to negotiate a new contract that you prefer more.

Adhesion contracts must be presented as take it or leave it to be enforceable. Because if one party holds more bargaining power in any other situation, that could potentially be seen as an unconscionable contract. It's easy for that line to be blurred, causing adhesion contracts to be placed under scrutiny quite often.

Aleatory contract

Aleatory contracts explain agreements where parties don't have to perform their designated action until a triggering event occurs. Essentially, aleatory contracts state that if something happens, then the action is taken.

Again, this type of contract is typically used in insurance policies. For example, your provider doesn't have to pay you until something happens, like a fire that causes damage to your property.

The events that demand action described in an aleatory contract are ones that can't be controlled by either party. Risk assessment is an important part of creating aleatory contracts so both parties know the likelihood
Of that event occurring.

Refrence: every type of contract you could ever possibly encounter

September 4, 2020
Mary clare novak
https://learn.g2.com/types-of-contracts

Retrieved friday 24/12/2021

I want my money back. The contract has unconscionable terms and thereby is void!

If you don't want to be nice, under the rules of discovery I need a copy of every contract I signed with its pid. This means some work for you guys because the accounts department uses its own reference numbering system, and does not include the pid. I don't remember where I have put all the contracts because of my cognitive impairment. Also, I don't know which contracts match with each pid.

With prejudice

Edward"ted"francis mccartin
_

Ted mccartin
Cancellation of contracts #3
Fel. [protected]@xlibris.com; yuki. [protected]@xlibris.com
Fri, 24 dec 2021 01:17:17 +1100

I can't type much now because of the pain.

I don't know of any newbie author who can type at least 3 drafts and do 8 edits in 90 days.

In fact, if I can find the story, an experienced author wrote 100, 000 words in 100 days.

Xlibris are crooks. They know the above.

I thought you guys were being nice because of my health problems, when in fact you knew that the contract said I couldn't get a refund after 90 days, and the longer it took for me to deliver a manuscript, the deeper the hole I was digging for myself.

Nevertheless, it doesn't change the prima facie evidence that I did not have the mental capacity to enter into a contract, and any contract needed to be signed by someone with enduring power of attorney.

With prejudice

Edward"ted"francis mccartin
_

[protected]@gmail.com
Cancellation of contracts
Fel. [protected]@xlibris.com; yuki. [protected]@xlibris.com
Thu, 23 dec 2021 23:41:18 +1100

I no longer trust xlibris.

I have put in place as much security as I can on my computer in case you try to hack it, but I have no way of knowing if you are tapping my phone.

I think I will contact the fbi and the afp on the off-chance that xlibris stoops so low.

However, as my wife has enduring power of attorney, I will have to talk it over with her first.

With prejudice,

Edward"ted"francis mccartin
_

[protected]@gmail.com
Cancellation of contracts with xlibris
Fel. [protected]@xlibris.com; yuki. [protected]@xlibris.com

Thu, 23 dec 2021 14:19:49 +1100

Dear fel and yuki-san,

I am not surprised that you have not responded now that I have read one of the contracts I signed.

(1) I did not have the mental capacity to enter into any type of contract;
(2) therefore, I went solely by the representations made to me by various employees at xlibris. That those employees no longer work there is not my problem.

After a suicide attempt in 2011, when I was lucid and rational again, I appointed three people to have enduring power of attorney and enduring guardianship:

(1) ronda lolita mccartin, my wife and next of kin;

(2) nicole ronda mccartin, my daughter;

(3) john tzanis, psychologist and best friend of more than 20 years.

The paperwork was prepared by rachel abercrombie, solicitor of the supreme court new south wales.

The paperwork is dated 13 october 2011.

In january 2016 I had a mental breakdown and was a voluntary patient at pialla, the acute mental health facility at nepean hospital, kingswood, nsw.

My third son was in hospital with guillain-barre (gee-yah-buh-ray) syndrome. [it] is a rare disorder in which your body's immune system attacks your nerves. Weakness and tingling in your extremities are usually the first symptoms. These sensations can quickly spread, eventually paralyzing your whole body.23 july 2021
Symptoms: heart arrhythmia; paresthesia...

Guillain-barre syndrome - symptoms and causes - mayo clinic

The doctors said that if the third blood infusion didn't work they didn't know what to do next.

I feared my son would die, and I couldn't deal with it. I was in acute mental health care for 3 weeks.

Since my mental breakdown in 2016, I have experienced cognitive impairment.

I have short-term memory problems, so that I cannot remember what I said or heard only 10 seconds ago; I have lost my"photographic memory"(not eidetic memory); I read at less than half the speed I used to do.

I have not phoned you because I have developed a severe stutter from parkinson's disease. It comes and goes as it pleases. The stuttering makes me sound like I am retarded.

Now that you have been so rude as to not contact me, I have had to persevere through an unconscionable contract to find that I have signed away all of my rights, including the right to sue, when in fact, I should not have signed any contract because I did not have the mental capacity to do so.

The contracts should have been signed by one of the people with enduring power of attorney.

I do not understand why you are registered in delaware, but the contract is constructed under the laws of the state of indiana.

Services and distribution agreement

As used in this agreement,"we, ""our"and"us"refers to get published! Llc (a delaware limited liability
Company, doing business under the imprint name"xlibris"), and its employees, agents, representatives, partners, parent and related
Entities and imprints, licensees, successors and assigns;"contractors"refers to third party publishers, agencies, vendors, retailers,
Distribution channels, and suppliers with which we contract; and"you"and"your"refers to the person or entity accepting this
Agreement by signing below. The agreement will continue in effect from the date it is first signed by you, until terminated as described
Below ("term").

9. Dispute resolution; governing law [in the state of indiana].

I don't know how I am supposed to participate in dispute resolution when I have 28 chronic health problems. I tried to write my books. I was getting up at 3.00 am and 4.00 am sydney time to watch writing seminars.In the end I couldn't do it any more.

You thieves are not going to keep my au$42, 000 when I cannot deliver on the books. Most of that money came from the australian federal government's national redress scheme for victims of institutional sexual abuse.

For 50 years I have carried the baggage of depression, general anxiety, panic attacks, agoraphobia, ocd, toxic perfectionism, and imposter syndrome.

I wanted to make some money writing books so that I can enjoy my final years of earth life with my family and friends.

I am supposed to be in bed resting my legs and bad back so that I can enjoy christmas with my grandchildren. Writing this s*t made me take my medication 1.1/2 hours late. If my wife comes home and I am still sitting in front of this computer, as my carer she is going to spew.

Do I have a get letters from each of my specialist doctors?

Even this amount of typing is super painful from my reverse shoulder replacement operation in november 2020, and from neuropathic pain in both hands and both arms. Sometimes my right hand has no feeling.

I wrote out some more material from the contract but I am too sick to type it. I have cellulitis, ulcers and diabetic blisters, and my legs are supposed to be elevated all day, not sitting in front of a computer.

I have to have a lie down. I'm feeling nauseous from the pain.

Now that I have had to read the contract, and admit that I did not have the mental capacity to sign it and someone with power of attorney should have signed it, are you now going to get of your butts and do something?

Sorry, I keep falling asleep at the computer. I will have to go.

Yours sincerely,
Ted mccartin
_

[protected]@gmail.com
Publishing contracts with xlibris usa and xlibris australia
Fel. [protected]@xlibris.com; yuki. [protected]@xlibris.com
Wed, 22 dec 2021 01:49:01 +1100

Dear fel and yuki-san,

I am not in good health and will be unable to submit manuscripts for the six books I am contracted for.

I know that a lot of people, including yourselves, have worked very hard for me. But currently of my 28 chronic health problems two are of particular concern:

(1) type 2 diabetes,
(2) parkinson's disease.

My wife is not only my wife, but also is my carer and has enduring power of attorney and enduring guardianship.

She is quite upset with me for not prioritising my health.

I am at risk of
- kidney failure;
- heart disease;
- vascular dementia;
- leg amputation;
- necrosis;
- gangrene;
- septicaemia;
- inability to use both hands because of diabetic neuropathy. I am already experiencing pain, numbness and pins and needles in both hands. I don't know whether it is better to type in all caps or all lower case.

I spend way too long at the computer each day, which is my own fault that I receive 50 to 80 emails in my inbox each day. Most of them are from medical websites I subscribe to.

I have cellulitis in my right leg, blisters from fluid leaking out of my leg, and diabetic ulcers. I am supposed to lie down for most of each day, with both legs elevated, preferably above heart level.

Every scratch or cut on my legs needs to be treated immediately with betadine to avoid infection from bacteria on my skin.

My cellulitis and ulcers are quite painful.

Furthermore, I had a reverse shoulder operation on 13th november 2020. My surgeon has told me it will take two years to fully heal. I have chronic pain in my shoulder.

I cannot be prescribed any other opioid analgesics. Australia is following america's lead on opioid abuse and addiction, so I can't have anything for breakthrough pain. My family doctor is only allowed to prescribe what the pain management clinic tells him he can prescribe.

I have written one-third of my book about the grace of jesus christ, but even though it is a first draft, it is rubbish. It is too academic in style. Even I find it boring, and i'm the one who wrote it.

My collaboration with john tzanis on mindfulness is not going well because I am not practising it very well.

John has some vacation time in april, and he plans to use it writing.

We were hoping to have an introduction ready by now.

What I have found is that 50 years of depression, general anxiety, panic attacks, agoraphobia, toxic perfectionism, and impostor syndrome from being sexually abused in my mid-teens while in boy scouts australia, keep getting in the way of my mindfulness meditation.

I am thinking of going to counselling again so I can rid myself of this emotional baggage and realise all of the benefits of mindfulness meditation.

I have done five courses in mindfulness and know that john's approach to mindfulness is unique.

In 2o16 I was still a gifted/genius polymath with an iq of 160.

Since then I have been gradually deteriorating in cognitive ability.

I often forget what I heard or said only 10 seconds ago; I have lost my"photographic memory"and I do mean photographic, not eidetic; and I read at less than half the speed I used to do. Every time I research for a book, it is a laborious chore.

I have run out of money, and next year - 2022 - I will need to visit my neurologist/neurophysiologist, a speech therapist because I have developed a stutter from the parkinson's disease, an exercise physiologist, my chinese medicine guy for remedial massage and acupuncture and my endocrinologist, and whoever else. It is 12:35 am and I have had a very long day.

I do apologise for the huge inconvenience these contract cancellations are going to cause. I hate it when people don't have"an attitude of gratitude." xlibris has been very good to me, which I greatly appreciate.

Sorry, but in the foreseeable future, I will be unable to submit any manuscripts. I can barely type because of the neuropathic and shoulder pain.

Although john is my best friend of more than 30 years, I am not that financially comfortable to move away from our original concept of the book on mindfulness. I try to be generous, but I am not going to have john write the book on mindfulness by himself, and then just have my name on the cover and I write the preface or whatever.

Most of the au$42, 000 I have invested was from funds received from the australian federal government's national redress scheme (nrs) for victims of institutional sexual abuse.

It's almost christmas, so this isn't exactly what you want to be hearing right now.

Please respect that I am not well, and don't want to renegotiate anything. I also don't want 100 people phoning me and telling what a [censored] decision I am making.

I don't know when I will be well enough to write. I just know that next year I will have a lot of medical expenses.

Thank you for all of your help and support. I really do appreciate it.

Ted mccartin
_

I have published two books with Xlibris: Spiritually Single In Sickness And Health: A woman's guide to healing at a soul level, and a Children's book: Where Is My Luggy. I was very happy with results and proud of my work. Both books were to be a series of three books. After the first two were published, I paid in advance for the other four. I did this in good faith in order to make it easier for myself as I completed my books.

Within six months I was told that both books never sold. This was a lie because I was looking at the numbers on Amazon. I paid for marketing, and my books are with many vendors in the US and abroad. Every time I asked about my royalties Dean Summers always gave me the run around. Unless my credit card was available, he didn't talk to me.

When I turned in my third book for editing, they blew me off for two months. Finally they told me they couldn't publish the book. They said it was libelous and I would have to use fake names and places. I would also have to write it under a pen name as well. In the first place, I wasn't stupid enough to use real names and places. In the second place, I am a teacher. There is no way I am writing under a pen name.

Of course Xlibris has put everything on me. They claim I'm the one who is a fault, they refuse to refund the four book packages. As well as that, they got close to 1000 out of me for editing a book that never was edited. Of course they are refusing to pay me back! In total I've paid Xlibris over 7000 only to find they are a scam run by sociopaths. They continued to charge my credit card in October 2021. This was after I told them I was not going to publish any more books with them.

I've had a solid year of headaches and stress due to their criminal business practices. I have taken a great loss in my business and marketing as well. These people are evil and soul-less. They know what they are doing and how they are damaging people. They don't care and will continue to do it until they are stopped. This is fraud at one of its highest levels. Eugene Hopkins one of the owners who never returns calls. This people are as low as it gets, they are true scum of the earth.

On February 2018 I sent a manuscript to Xlibris for a book publishing I was charged $4000 for the editing package the very best package available . A month later I was coerced into buying a marketing package worth around $9, 000 they claimed my book has the greatest potential they haven't seen in a very long time I needed to purchase this marketing package that will guarantee total success in visibility and book sale. Dummy me I did purchase the package.3 months later I received an edited version of my transcript to be revised by me and sent back for final editing approval. It took me roughly 2 months to go through the correction when I sent back the corrected manuscript I was told that it was not going to pass the content evaluation and I needed to make changes according to Xlibris liking. I said no I'm paying Xlibris money to publish my book the way I want it to be written since it's a true story based on my life story. They said no it's our way or the highway . I said then I want out of the contract and I would like a complete refund. I was told that since it's passed 90 days from the day they received the transcript I was no longer entitled to any refund. Keep in mind it took them 90 days to send me the manuscript back for revision. So as far as getting out of the contract and getting a refund I was already doomed from the start. I tried to get legal advice in how perhaps having a lawsuit against them I was advised against it since I couldn't afford any legal action against Xlibris. Since I was in a lose lose situation in January 2019 following a friend advice I sign into moving forward with the project which at this stage it was everything thing they wanted omitted and corrected and nothing at all I wanted. They even label my book as Fiction based on a true story something I was totally against from the beginning till the end since my book was nothing back my life story and there was nothing I told in that book that was fictional. On April 2019 my book was published full of grammatical errors and the editing job was subpar even a 5th grader could have done a better job. After complaining about it they ask me to make correction and sent it to them for revision . In May 2020 they made a revision of the book. My book been sold on Amazon, Barnes & Nobles and other online and offline retailers I have yet to receive any royalties. 17 months since the book been published still haven't got a dime. My 20 plus calls all been very unsuccessful . I have been robbed out $13000 in bright day light by Xlibris the worse experience I ever had ever