Welcome to PaperDue! Before you may use PaperDue, you must agree to these Terms and Conditions of Use. You agree that these Terms have the same force and effect as an Agreement signed in writing. If you do not agree to these Terms, you may not use PaperDue. Please read carefully.
BY REGISTERING, ACCESSING, BROWSING, DOWNLOADING FROM OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS OF USE, INCLUDING ANY ADDITIONAL TERMS OR MODIFICATIONS MADE BY US FROM TIME TO TIME (COLLECTIVELY, THE "TERMS" or "AGREEMENT"). IF AT ANY TIME YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT USE THE SITE AND MUST TERMINATE YOUR USE OF THE SITE AS PROVIDED HEREIN.
This Agreement is subject to change by Us at any time; therefore, you are responsible to review these terms regularly to learn about any changes. We will post an updated version of these Terms if we modify them. You understand and agree that your ongoing use of The Site after we post or provide notice of the changes to this Agreement means that you accept and confirm that the updated terms apply to You.
1. Definitions. The following definitions shall apply to this Agreement:
"You" means the entity or person who access or uses the Site as an end user.
"Login" means the combination of unique username and password that is used to access a site. A login is a license to use a site for a period of time that is specified.
"Membership" or "Members" means a single registration and/or subscription account per user of a valid username and password (login) for the site during the term of membership.
"Site" means PaperDue.com
"We" or "Us" in this Agreement shall mean: the Site, Electronic Inspiration, LLC and/or our affiliates, subsidiaries and operating divisions, including but not limited to Student Network Resources, Inc.
2. Description of Services. The Site is an online service that provides research materials, tools and services to individuals for informational, educational, and entertainment purposes only (the "Service"). You may use the Site only for lawful purposes and you are strictly forbidden from Using the Site in violation of the rights of anyone else, including but not limited to proprietary and intellectual property rights (See paragraph 4 below).
3. Age Restriction and Eligibility Requirements. The Service is intended for persons 18 years or older and who have otherwise attained the age of majority in the jurisdiction of their residence. We will not knowingly permit anyone who does not meet this criteria to use the Service. By Using the Site and/or Using the Service, you represent and warrant that you are at least 18 years old and otherwise have the right, authority and capacity to accept these Terms and abide by all of the terms and conditions set forth herein. In order to be eligible for membership or to purchase any of our products or services you must (a) provide true, complete and up-to-date registration information about yourself, (b) agree to abide by these Terms and (c) provide a valid method of payment for any fee-based services. You must be legally capable to enter into contracts. We reserve the right to refuse service or to terminate accounts for any user and to change eligibility requirements at any time.
4. Proprietary Rights.. The content and materials offered by or through the Site are owned or controlled by Us or owned or controlled by third parties and our end users that are licensed to Us. Such content is protected by either our or our licensor rights of publicity, copyright, trademarks, service marks, patents, trade secrets or other propriety and intellectual property laws and treaties. We and the respective owners of the content on the Site reserve all rights not specifically granted to you. You are prohibited from selling, plagiarizing licensing, renting, modifying, distributing, copying, reproducing, transmitting, publicly displaying, publicly performing, publishing, adapting, editing or creating derivative works from material or content available on the Site, or removing proprietary notices without providing reference to our ownership of same by proper citation reference to Student Network Resources, Inc. and the Site.
5. Payment and Fees. A. In General. All Service charges and other charges are paid in advance. You agree to pay all fees and charges that you incur subject to the payment terms that will be disclosed to you at the time you make your purchase
Billing and Payment Method. When you make a purchase from Us, you must provide Us with a Payment Method. You must be authorized to use the Payment Method. You authorize Us to charge you for the service using your Payment Method. "Studentnet-Charge.com" will appear on the statement of your Payment Method for all charges made. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle. You are responsible for any charges imposed by your Payment Method for exceeding your account limits or overdrawing your account. Any reimbursements will be made to the Payment Method designated by you on your Billing Account. You may change your Payment Method on the Site or by contacting Us in writing by U.S. Mail or email at the address set forth in this Agreement.
Authorized Payor. You affirm that you are either the person whose name appears on the Payment Method designated by you or you have been given authorization to use the Payment Method by the person whose name appears on the Payment Method you designated. You further affirm that your use of the Payment Method was not procured through fraud, theft, or other improper means. To protect rightful cardholders, you understand that we will take severe legal action in the event that we receive payment from a lost or stolen credit card. We record the Internet Protocol (IP) address of every computer used to complete a credit card transaction and can track all transactions to verify their validity and prosecute fraudulent activity. We will report any fraudulent order to all applicable State, Federal, and/or International crime-prosecution departments and organizations.
Improper Charge Reversals. You understand and agree that if you fraudulently chargeback, reverse, rescind, or otherwise cancel the payment for your order without our express written approval, we reserve the right to: a) publish all original material produced by Us pursuant to your Order; b) provide information related to your order (including certain personal information) to anti-plagiarism websites, collection agencies, and all applicable state, federal, and/or international crime-prosecution departments and organizations.
B. For Memberships. In addition to subsection 4.A., his subsection applies for any fee-based memberships and subscriptions to the Service.
Membership. To activate certain features of the Service, guests (non-member visitors to the Site) may subscribe to a monthly service by choosing one of our membership packages (a "Membership"). A member may pay via credit card, cash, check or any other method We accept as payment of account, in accordance with our pricing policy for Memberships as posted on the Site. All funds are quoted in the currency in which they are displayed or, where no currency is displayed, all amounts are in United States dollars. In addition to paying the published price, the purchaser is responsible for paying all applicable taxes in connection with their purchase. We reserve the right to change our pricing policy or the method or manner in which we charge for the Service at any time at our sole discretion without further notice.
Trial Membership. Upon receipt of payment for a trial plan, you will receive access to our database and the ability to view/download/print unlimited documents for (3) calendar days. You may cancel your Trial Membership, by delivering written notice of cancellation within (3) calendar days via one of our five online/offline cancellation methods described in these Terms. Unless cancelled as provided for herein, your Trial Membership will be automatically converted to a monthly plan at the current website rate for a 30-day period which will renew every 30-days until canceled by you as provided for in these Terms.
Credits. Upon receipt of payment, we will credit your account with the number of credits purchased according to your subscription package. If we receive payment for an incorrect amount or non-specified currency payments, we reserve the right to credit your Billing Account with a pro-rated number of credits based on the funds received, converted to the specified currency at a reasonable market exchange rate at the time of processing. Time will lapse automatically on your account and will be automatically deducted as you use the Service. Should you deplete your credit balance prior to the end of a subscription term, you may purchase additional credits. If your use of the Site or Service is terminated any unused balance is immediately forfeited. Once successfully posted, we may monitor your account for usage and compliance with the Terms. You agree to pay or have paid all fees and charges incurred in connection with the Service (including any applicable taxes) at the rates in effect when the charges were incurred. We reserve the right to cancel without refund any unused credits on such date that is the earlier of 90 days from the date of your last login or 180 days from the date of purchase. We may change the fees and charges in effect for using the Service, or add new fees or charges, by posting new fees and changes on the site from time to time. In the event you purchase credits for the Service, we reserve the right to cancel without refund any unused credits on such date that is 30 days from the date of your prior monthly subscription term. However, any additional credits you purchase during a subscription term shall not expire at the end of the monthly subscription term.
Unlimited Access. Upon receipt of payment, we will credit your account with 18 credits per 24-hours which can be used to download any document of your choice. After downloading 8 documents within the 24-hour period you will be provided a security code to verify that a human is using the service and not software scraping our documents. To download more than 18 documents within 24-hours, your account will need to be verified. Upon verification, you will receive an additional 18 credits to your account, which will be processed as above.
General. We bill you through an online account (your "Billing Account") for use of the Service. You agree to pay Us all charges at the prices then in effect for any use of the Service through your login and password, and you authorize Us to charge your chosen payment provider (your "Payment Method") for the Service. You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment. You are also responsible for any fees or charges incurred to access the Service through an Internet access provider or other third party service, including but not limited to telephone charges.
Automatic Recurring Billing. Subscription fees will be automatically renewed for successive renewal period of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate, unless We receive notice of your cancellation prior to the expiration of the then-current subscription term. Unless and until this Agreement is cancelled in accordance with the terms hereof, you hereby authorize The Site to charge your chosen payment method to pay for the ongoing cost of membership. You hereby further authorize Us to charge your chosen Payment Method for any and all additional purchases of Services and entertainment provided by the Site. Your non-termination or continued use of the Service reaffirms that we are authorized to charge your Payment Method. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service. Upon our receipt of Your written notice of cancellation, your membership will continue until expiration of the then-current subscription term. In the event your payment method is rejected, your Membership shall automatically be cancelled and you will be required to re-subscribe to the Service at the then current rate.
Receipt. You may, at any time, request a copy of the charges made on the site. You agree that you forego this right if such request is not made. Requests must be made directly to Us via the contact information provided at the end of this document.
Refunds. Subscription fees are NOT refundable if you request to cancel or terminate your membership or we cancel your membership for breach of these Terms. If we cancel your membership without cause, you will be entitled to be reimbursed for the unused portion of your Subscription Term on a pro-rata basis. Should a reimbursement be issued by Us, all refunds will be credited solely to the payment method used in the original transaction. We will not issue refunds by cash, check, or to another credit card or payment mechanism.
Methods of Cancellation. Subject to these terms, you may terminate your membership at any time by (i) sending us written notice of termination by US mail to PaperDue.com, 455 Northeast 5th Avenue, Suite D357, Delray Beach, FL 33483 (ii) by email to firstname.lastname@example.org (iii) by telephone at 1-800-797-9968 between the hours of 9:00 a.m. to 5:00 p.m. EST (iv) on the website by logging into your account at the "account settings" link; or (v) by sending a fax to our office at 1-732-791-4612 requesting cancellation of your account.
C. One-Time Use. In addition to subsection 4.A., this subsection applies to any one-time use based Service.
Receipt. You may, at any time, request a copy of the charges made. You agree that you forego this right if such request is not made. Requests must be made directly to Us via the contact information provided at the end of this document.
Refunds. One-time use fees are NOT refundable for any reason. If you did not receive the Service you purchased, we will provide you with re-access to the Service you purchased.
D. For Custom Orders addition to subsection 4.A., this sub-section applies to orders for Custom Services.
Deposit, Fees, and Charges. You will be charged a certain fee per page for our Custom Services which fee is based on the completion date that you chose in the order form. Your payment of the required deposit confirms you acknowledge and agree that the per page fee is fair and reasonable. To complete your order you must pay the total charges for completion of the Services in advance by charge to your payment method (i.e. the credit card that you have provided to Us) and, notwithstanding anything to the contrary in subsection 4.A, the charge on your statement from your Payment Method will appear as "Studentnet-Charge.com." The Order will not be complete and Services will not be provided until your Payment Method confirms the transaction is authorized and complete.
24-Hour Cancellation Period . . You may cancel an order within 24 hours following our receipt of payment ("Cancellation Period"), subject to payment of processing fee of two and one-half percent (2.5%) of the original value of the Order. Cancellation must be made in writing by email to email@example.com with "Notice of Cancellation" in the subject line of your email and your username, the reference number and date of your order in the body of the email notice of cancellation. Unless otherwise specifically provided for herein, your order is deemed non-refundable and final and may not be cancelled upon expiration of the cancellation period and you understand and agree that you will be responsible for the total value of your order including the balance due upon completion of the Services, if you fail to cancel within the Cancellation Period.
No Refund. You acknowledge that editing, researching, and writing are intangible products/services that cannot be "returned." You are not entitled to a refund for a completed order. You may, however, be entitled to rewriting, editing, and/or modification of the product purchased pursuant to our Limited Guarantee as provided herein below.
Receipt. You may, at any time, request a copy of the charges made. You agree that you forego this right if such request is not made. Requests must be made directly to Us via the contact information provided at the end of this document.
Cancellation of Custom Order by Us. . Highly specialized orders often require highly specialized writers/editors, whose availability is a condition of Our performance. We reserve the right to cancel a custom order in the unlikely event that We believe, it our sole discretion, that we cannot complete the order on or before the completion date set forth. Although you may change your order and apply your payment to the changed order, you may, in the alternative, elect to receive a full refund.
Agreed Extensions to Completion Date. . In the event you agree to an extension to the completion date, no credit for the difference in price per page based upon the original completion date upon which your price per page was based at the time of your order.
6. Custom Service Orders. All Custom Services are provided by Student Network Resources, Inc., not Electronic Inspiration, LLC., and are subject to the terms and conditions of Student Network Resources, Inc. as well as these Terms, including:
Original Material. The provider of Custom Services, Student Network Resources, LLC retains independent, contracted writers/editors who are solely responsible for the delivered product/service/research material that you are ordering. We do not verify the factual accuracy of the products/services/research materials delivered by our independent writers/editors, nor do We endorse or support the content of the products/services/research materials delivered by our independent, contracted writers/editors. We prohibit the copying, reproduction, or plagiarism of any new, original product/service/research material that you purchase from the Site without providing reference to our ownership of same by proper citation reference to Student Network Resources, Inc. and the Site. Custom orders for new, original material created by and/or for Us is protected by copyright as set forth herein below. You may not transfer or sell to a third party any of the new, original material that you purchase from the Site. (The copyright, usage, and ownership related restrictions contained within these Terms are applicable to custom orders for our original material but not applicable to Custom Orders requesting proofreading, editing, correction, and/or re-writing of a user's own, pre-existing material/text/writing and We claim no ownership rights or control over a user's own, pre-existing material/text/writing).
Limited Guarantee. Student Network Resources, LLC will provide you will a free rewrite, edit, and/or modification to the Custom Service delivered to you if: (i) an error exists in the product/service/research material that cannot be corrected by our free rewrite, edit, and/or modification guarantee; (ii) We fail to deliver the completed order; or (iii) the Custom Order delivered to you does not reasonably and substantially conform to the specification of your original order as determined in Our sole discretion. To receive your re-write you must request same within 5 days of delivery of the Service setting forth the specific basis for the request for the rewrite/edit or modification and the specifics of the requested rewrite/edit or modification. If Student Network Resources, LLC determines, in its sole discretion that you are entitled to a rewrite pursuant to this provision, We will provide you with the rewrite, edit and/or modification and will seek to provide same to you within seventy-two (72) hours, depending on the extent and depth of the necessary rewrite, edit, and/or modification. Any Service delivered for which a rewrite, edit, and/or modification is not requested within (5) days of delivery, is deemed completed, satisfactory and accepted by you without objection and We will not be obligated to provide any edit, rewrite or modification.
Completion Date. When ordering products/services/research material from the Web Site, you should choose a completion date that is at least one (1) day prior to the actual due date. This will allow enough time for you to review the one-of-a-kind product/service/research material that you receive from our company and compile your own document. If completion of your order is dependent upon Our receipt of information from you and it is not received by Us in a timely manner, your order may be delayed. We are not responsible for any delays caused by your failure to timely submit required information.
Delivery by Email. We will deliver your completed service via email to you of a link where you can download the Service. As a courtesy, We will upload a downloadable version of the completed service on your account at the Site. We are not responsible for late delivery or lack of delivery due to your email limitations, filters, errors, network outages, or SPAM settings. You are solely responsible for making sure that the email address you provide to Us is valid, correct, and fully functional at all times. You are solely responsible for making sure that your email account is not over quota, and has enough space to accept our delivery email(s). You are solely responsible for making sure that you do not block our delivery email as SPAM. You must make sure that you are able to receive delivery emails with our domain @snrinfo.com. We not responsible for any unlikely damage to your computer, software, or related equipment that may arise from the use of the Web Site. We will not issue refunds because of any unforeseen circumstance that is out of our control.
Specific Writer/Editor Requests. While you may request a particular writer/editor by username, We do not guarantee that such request will be fulfilled. In the event that particular writer/editor is not be available, We reserve the right to select another qualified writer/editor to complete your order.
Obscure Sources. We may not have access to a source unless available online or through a major library ("obscure source"). Class textbooks are obscure sources. If your order requires the use of a class textbook or other obscure source, you must upload, email, or fax to Us the necessary material from the obscure source. You are responsible to provide notice to Us at the time of your custom order of your requirement for use of a specific source and whether same is mandatory. If you fail to advise Us of a required source or that such required source is mandatory at the time of your order, we may substitute a similar source if we are reasonably unable to access the source that you requested. We are not required to purchase an obscure source. In the event We cannot reasonably obtain a mandatory requested source, you must upload, email, or fax Us all relevant pages from the source. If you fail to provide Us with the relevant pages and material from the mandatory source, the source will be deemed not mandatory and We may substitute a similar source.
7. Third Party Content. In your use of the Service, you may access content from third parties ("Third Party Content"), either via the Service or through links to third party websites. We do not control Third Party Content and make no representations or warranties about such content. Under no circumstances will we be liable in any way for any Third Party Content, including, without limitation, any errors or omissions in any Third Party Content or any loss or damage of any kind incurred as a result of the use of any Third Party Content posted, stored or transmitted via the Service. The research materials and other content offered on the Site are provided "as is" by others and made available for research, reference, informational and entertainment purposes only. You understand and agree that The Site may contain content licensed to Us by third party providers or by end users of the Site. We are not responsible or liable for content or materials that are prepared by, posted or provided by others and by our advertisers. We are not responsible for content on the Internet, including any Web Site or content linked from The Site. We have no duty to pre-screen content, although we may do so in our sole discretion and without liability to you. We do not condone, encourage, or knowingly take part in plagiarism, unauthorized copying or redistribution of content or any other acts of academic fraud or dishonesty. We reserve the right to remove content from the Site for any reason, but we are not responsible for any failure or delay in removing such material. You agree that you must evaluate, and bear all risks associated with, Third Party Content.
8. Citation Generator and Translator Services. These services are provided third-party service providers. Neither The Site nor its third-party suppliers, providers or distributers make any specific promises about the services. We do not make any commitments about the accuracy, of the services, the specific function of the services or their reliability or ability to meet your needs. We provide all these services "As Is." We disclaim any and all responsibility for the accuracy of the materials generated through these services as set forth herein below and You agree that you will confirm the accuracy of the product generated through these services and not rely upon same.
9. Login Access. Access to the Site is through a combination of a username and a password (login). Provided that you have registered a username and password, we grant you a single login to access the Service or material located at the Site the extent of such access is dependent upon the type of subscription and/or purchase made. This login shall be granted for sole use to one end user per login. All registrations are provided for personal use and shall not be used for any commercial purposes or by any commercial entities. Commercial use of either the Site or any material found within is strictly prohibited unless authorized by Us. No material within the site may be transferred to any other person or entity, whether commercial or non-commercial. You may not modify, alter, resell, redistribute, sublicense, display or make derivative works of any materials or content provided on The Site. We may in our reasonable discretion terminate this login at any time if the terms of this Agreement are breached. In the case that the terms are breached, you will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the site.
10. No Transfer of Login. You may not under any circumstances release your login to any other person, and you are required to keep your login strictly confidential. You may not share your login credentials with anyone else, or allow other users to access the Site through your login account. You are responsible for all activities and liability under your login account. We will not release passwords for any reason, to anyone other than to you, except as may be specifically required by law or court order. Unauthorized access to the Site is a breach of this Agreement and a violation of law. You understand and agree that we may track through the use of special software each subscriber's entry to the Site to ensure compliance with these terms. You are responsible for any activity that occurs under your account. You agree to assume the responsibility to notify Us immediately if any breach of security, theft or loss of login, or unauthorized disclosure of login information occurs. You will remain liable for unauthorized use of the Site until we are notified of the security breach by email or telephone.
11. Usage Rules, Representations and Warranties You must comply with all laws and these Terms. You may not violate the rights of others. You are responsible for maintaining at your own expense the equipment and Internet access that you will need to use the Site. You must back-up at your own expense any data, such as contact information, files and other data that you desire to keep. You may use the Site and its content and materials to conduct research and as example documents for research use. You must properly cite and attribute any information that you may use from the Site. You may not submit, offer links from, share, post or transmit through the Site any material. Further, you hereby You hereby represent and warrant to Us that: (a) that you have the full power and authority to enter into and perform under these Terms, (b) your use the Service will not infringe the copyright, trademark, right of publicity or any other legal right of any third party, (c) you will comply with all applicable laws in Using the Service and in engaging in all other activities arising from, relating to or connected with these Terms, including, without limitation, your use of any materials received during the use of the Service and (d) you own or otherwise have all rights necessary to license the content you submit and that the posting and use of your content by Us will not infringe or violate the rights of any third party. We may take any legal, equitable and/or technical remedies to prevent the violation and/or enforce the Terms of this Agreement.
12. Spam and other Prohibited Activities. We may terminate your access to the Site immediately and take any other legal action if you, or anyone Using your login performs the following prohibited activities:
Using the Site to transmit, directly or indirectly, any spam or other form of unsolicited bulk communications;
Harvesting information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications;
Sending or otherwise transmitting to or through this Site any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to this Site or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;
Misrepresenting your identity or affiliation in any way;
Restricting, discouraging, or inhibiting any person from Using this Site, disclosing personal information on this Site or obtained from this Site, or collecting information about users of this Site;
Reverse engineering, disassembling or decompiling any section or technology on this Site, or attempting to do any of the foregoing;
Gaining unauthorized access to this Site, other users' accounts, names, or personally identifiable information, or other computers or Sites connected or linked to this Site;
Launching or Using any automated system, including without limitation, "robots," "spiders," or "offline readers," that access this Site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by Using a conventional web browser;;
Sending or otherwise transmitting to or through this Site chain letters, unsolicited messages, so-called "spamming" or "phishing" messages, or messages marketing or advertising goods and services;
Violating any applicable laws or regulations or these Terms;
Assisting or permitting any persons in engaging in any of the activities described above;
Further, by Using this Site, you represent and warrant that:
Any content you contribute shall not be defamatory, nor shall it violate anyone's right of privacy or publicity, not shall it infringe any copyright, trademark, patent, or other personal or proprietary right of any person or entity; or
You will obtain releases, consents, and permissions for use of all materials, trademarks, content, and persons depicted or included in any Content you contribute.
13. Submissions. We do not claim ownership in any content or materials that you submit through the site. If you share or post content, including without limitation, your own materials, including submissions within our Question and Answer Forum ("Submission") to the public or to public areas on the sites, you understand that other users will have access to this content. By uploading, posting or otherwise offering the Submission, you expressly grant Us a perpetual, worldwide, nonexclusive, royalty-free, and fully paid-up license (with right to sublicense) to the Submission, including without limitation the right for Us or any third party designated by Us to: use, copy, excerpt, publish, distribute, publicly display or perform, create derivative works of, hose, index, cache, tag, encode, modify and adapt (including the right to adapt to streaming, downloading, broadcast, mobile, digital thumbnail, canning or other technologies whether now available or available in the future) in any form or media now known or developed in the future. We reserve the right, have no obligation to edit your Submissions. We may use any comments, suggestions, complaints or other feedback you provide to Us regarding the Site or the Service in any manner whatsoever for no compensation, attribution and without limitation of any kind. You may only upload or post Submissions in which you are the original author and hold all rights to convey to Us under this Agreement. By Uploading or posting a Submission on the Site, you certify, represent and warrant to Us that:
Your submission is your original work of authorship;
You have the full power and authority to (i) make this agreement, (ii) grant Us the rights to use the Submission you provide to Us, and (iii) post each submission on the Sites;
You have not granted any exclusive rights to your Submission to anyone else;
Your Submission does not infringe any copyright, nor violate any portray rights, nor contain any libelous matter, nor invade the privacy of any person;
Your Submission has not in any way been sold, mortgaged or otherwise disposed of and are free from liens and any claims;
Your Submission is based on facts that you have verified after diligent efforts;
Your Submission is not a plagiarized work of another; and,
Your Submission contains complete and accurate citations which comply with standard citation styles.
All submissions must add value to the Site and its community; must be tagged to their relevant course or subject. Submissions may be in any language as long as they adhere to these rules, conditions and Our Terms. We have the sole discretion and right to determine whether Submissions comply with these rules, conditions and Our Terms and to reject or remove any Submission for any reason.
15. Discontinuance of Service. We reserve the right at any time to modify or discontinue, temporarily or permanently, any portion of the Service with or without prior notice. You agree that we will not be liable to you or to any third party for any modification or discontinuance of the Service.
17. Advertisements. The Site may from time to time be supported by advertising revenue and that such advertisements may be targeted to the content of information. As consideration for your use of the Site, you consent to our placements of such advertising.
18. International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. You must comply with all local laws within the territories that you access the Site.
19. DISCLAIMER OF WARRANTIES. We provide the Services and the Site "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of the Site or Services. WE GIVE NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WE DISCLAIM ANY IMPLIED WARRANTIES, INCLUDING THOSE OF MERCHANTABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR GUARANTEES THAT THE SERVICES, SITE, CONTENT AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS. YOU USE THE SITE, SERVICES AND CONTENT ENTIRELY AT YOUR OWN RISK.
20. LIABILITY LIMITATION. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR YOUR USE OF THE SITE IS TO DISCONTINUE YOUR USE OF THE SERVICE. WE, OUR OWNERS, EMPLOYEES, REPRESENTATIVES AND AGENTS, SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON YOUR USE OF THE SITE, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
21. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM, RELATING TO OR CONNECTED WITH: (A) THE USE OR INABILITY TO USE THE SERVICE S, (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE , (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, (D) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE SERVICE , (E) ACTIONS OR INACTIONS OF OTHER USERS OF THE SITE OR THE SERVICE OR ANY OTHER THIRD PARTIES FOR ANY REASON, OR (F) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SERVICE OR THESE TERMS.
WE WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SERVICE OR THESE TERMS EXCEED THE SUM OF ONE HUNDRED ($100) DOLLARS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS SECTION AND SECTIONS 18 HEREINABOVE MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW AND ALL REMAINING PERMISSIBLE WARRANTIES AND LIMITATIONS REMAIN IN FULL FORCE AND EFFECT.
22. Release, Indemnity By availing yourself of your Use of the Site, you agree to release and hold Us and our employees, officers, directors, shareholders, agents, representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any third-party providers or sources of information or data and legal advisers harmless from any and all losses, damages, rights, claims, and actions of any kind arising from or related to your use or misuse of the Site the Services.
23. Electronic Agreement; Notice. You understand and agree that we transact with our users electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an e-mail to the address that you have provided to Us, or by posting a notice on the appropriate Web page. By Using the Site or registering with Us, you represent that you have the necessary equipment, software and internet access to read, review, print and store any terms or notices that we provide to you. Your affirmative act of either (i) accessing and/or using the Site, and/or (ii) registering with Us, and/or (iii) providing a Submission, constitutes your electronic signature to this Agreement. You acknowledge that these Terms may not be denied legal effect or enforceability solely because this Agreement was formed electronically.
24. General Terms. These terms make up the entire agreement between You and Us regarding your use of the Site. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
25. Digital Millennium Copyright Act Notice and Takedown Procedure. We are committed to complying with U.S. Copyright and related laws, including the notice and "take down" provisions and to benefit from the safe harbor provisions immunizing Us from liability to the fullest extent of the law. We reserve the right to terminate the account of any Member who infringes on the rights or others upon receipt of proper notification by the copyright owner or the copyright owner's legal agent. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"), the pertinent portion which you can review by clicking here. It is our policy to (1) block access or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and, (2) remove and discontinue service to repeat offenders.
A. Notice for Claims of Intellectual Property Violations. If you believe that your copyrighted work has been copied and is accessible on this Site in a way that constitutes copyright infringement, you may notify Us by providing our copyright agent with the following information in accordance with the requirements of the DMCA by providing Us with the following information:
The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
Identification of the URL or other specific location on this Site where the material that you claim is infringing is located; you must include enough information to allow Us to locate the material;
Your name, address, telephone number, and email address so that we may contact you;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and,
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on this Site can be reached as follows:
Attn: Copyright Agent
455 NE 5th Avenue, Suite D-357 firstname.lastname@example.org
B. Our Response to Notice of Claims of Intellectual Property Violations. Upon our receipt of a Notice of Claims of Intellectual Property Violation (above) we will: promptly remove or disable access to the material or activity claiming to be infringing; notify the person responsible for posting of the alleged infringing material of the alleged infringement of copyright or other intellectual property rights that the material or activity has been removed or access has been disabled; and, provide the user with a counter notification form outlining the stems they are required to follow if they wish to respond. Please note that you may be held liable for money damages if you materially misrepresent that an activity is infringing your copyrights.
C. Counter Notification Form Form If you receive a notification of alleged infringement as described above, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a counter notification to the email address listed above. Specifically, if a person receives notice that material or activity posted on the Site was removed or disabled and the user wishes to dispute the Notice of Claims of Intellectual Property Violations, the person must provide our copyright agent with:
An electronic or physical signature of the user;
A description of the copyrighted work or other intellectual property that has been removed or disabled and the location where the material appeared before it was removed or disabled;
A statement by the Member. Made under penalty of perjury, that the Member has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and,
The person's name, address, telephone number and email address and a statement that the Member consents to the jurisdiction of the United States Court for the judicial district in which the Member's residence is located if in the United Stets, or a similar court in the country of the Member's residence.
The Member must also provide a statement that the will accept service of process from the Complainant.
All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
D. Our Response Upon Receipt of Counter Notification Form. Upon our receipt of a counter notification that satisfies the requirements of DMCA, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures regarding counter notification. Specifically, upon Our receipt of a Counter Notification Form, we will promptly provide the Complainant with a copy of the Counter Notification Form; promptly inform the Complainant that the removed or disabled material or activity will be replaced or re-enabled in not less than ten (10 ) but no more than fourteen (14) business days unless our agent first receives notice that the Complainant has filed an action seeking a court order to restrain the infringing activity relating to the material or activity on the Site; and, after the period for replacement set forth herein has enables, replace or re-enable the disabled material unless an notice of action has been received (unless the material is determined in our sole discretion to potentially infringing any intellectual property rights).
To the extent the notices and "take down" requirements above deviate from the requirements under the DMCA then the notice requirement provided by the DMCA shall control and are incorporated by reference.
In all events, you expressly agree that we will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, use of the site by persons who are repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact our copyright agent identified above and provide information sufficient for Us to verify that the account holder or subscriber is a repeat infringer. We may also in our sole discretion limit access to the Site and/or terminate the account of anyone who infringes upon intellectual property rights or others, whether or not there is any repeat infringements.
26. Arbitration and Class Action Waiver:
A. General. Any Dispute arising out of or relating to these Terms and Conditions may be resolved through binding arbitration in accordance with the terms of this Arbitration Provision at either Your or Our election, unless otherwise prohibited by law. The term "Dispute" means any dispute, claim or controversy regarding any aspect of your relationship with Our that has accrued or may hereafter accrue, whether based in contract, statute, regulation, tort (including without limitation claims arising from or pertaining to misrepresentation or negligence), and includes the validity and enforceability of this Arbitration Provision (with the exception of the enforceability of section (b) of the Restrictions clause provided below). Arbitration means that you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury.
B. RIGHT TO OPT OUT: IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU FIRST RECEIVED NOTICE OF THE ARBITRATION PROVISION BY SENDING YOUR NOTIFICATION BY MAIL TO THE FOLLOWING ADDRESS: ELECTRONIC INSPIRATION, LLC., 455 NE 5TH AVENUE SUITE D357, DELRAY BEACH, FL 33483. YOUR WRITTEN NOTIFICATION TO US MUST INCLUDE YOUR NAME AND ADDRESS AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US AND YOUR USE OF THE SERVICE.
C. Restrictions: a. UNLESS OTHERWISE REQUIRED BY LAW, YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED ON SUCH EVENT, FACTS OR DISPUTE. b. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING DISPUTES BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OR OTHER SIMILARLY SITUATED PERSONS UNLESS THAT STATUTE UNDER WHICH YOU ARE SUING PROVIDES OTHERWISE. c. ALL PARTIES WAIVE ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING FROM OR OUT OF ANY DISPUTE WITH US UNLESS THE STATUTE UNDER WHICH THEY ARE SUING PROVIDES OTHERWISE
D. Payment of Arbitration Fees and Costs: We will advance all arbitration filing fees and arbitrator's costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional costs that you incur in the arbitration, including without limitation costs associated with attorneys or expert witnesses. If the arbitration is decided in your favor, you will not be required to reimburse We for any of the fees and costs it advanced. If the arbitration is decided in Our favor, you shall reimburse Us only up to the extent awardable in a judicial proceeding. If a party elects to appeal an award the prevailing party in the appeal shall be entitled to recover all reasonable attorneys' fees and costs incurred in that appeal. Notwithstanding anything to the contrary in this arbitration provision, We will pay all fees and costs which it is required by law to pay.
E. Severability: : If any clause within this Arbitration Provision other than the class action waiver clause is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of this Arbitration Provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the Arbitration Provision will be unenforceable, and the dispute will be decided by a court.
F. Exclusions from Arbitration: We agree that any claim filed by you or by Us that is not aggregated with the claim of any other persons and whose amount in controversy is properly within the jurisdiction of a court which is limited to adjudicating small claims shall not be subject to arbitration. Notwithstanding the foregoing, We reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
G. Continuation: This Arbitration Provision will survive the termination of the Service with Us.
27. ASSIGNMENT. You do not have the right to assign this Agreement or any of your rights to the Service to anyone. We have the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. Provided such rights and obligations are assumed by such third party, We shall be relieved of any and all liability under this Agreement.
28. APPLICABLE LAW. You agree the Services provided herein shall be deemed passive that does not give rise to personal jurisdiction over Us, either specific or general, in jurisdictions other than Broward County, State of Florida, that You and We consent to personal jurisdiction in Florida; and that the venue for disposition of any and all claims proceedings actions or disputes regarding the subject matter of these Terms shall be in proper only in Broward County, Florida. The laws of Florida shall apply to any dispute arising out of or relating to these terms or the Service. These Terms contain the entire understanding of the parties regarding their subject matter, and supersede all prior and contemporaneous agreements and understandings between the parties regarding their subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms shall operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.