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.
I. 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.
II. 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.
III. 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 Electronic Inspiration, LLC. and the Site.
IV. 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).
V. 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.
1. 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.
2. 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. "Paperdue", “Paperdue-charge.com”, or “Paperdue-charge” 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.
3. Rebilling. A rebill refers to the billing of the user’s fee on the renewal date in the user’s agreement with PaperDue. For example, a rebill of a monthly service agreement would occur on a specific date each month, while quarterly or yearly agreements may have different rebill dates. If our initial attempt to rebill a user is unsuccessful, we reserve the right to make up to 6 additional attempts to rebill the user. Rebilling attempts will consistent of additional attempts to withdraw the funds from the account provided by the user for billing purposes. If the first five attempts to rebill are unsuccessful, the sixth attempt will not be for the agreed-upon amount of the rebill period, but for the standard trial rate of $6.99.
Rebilling attempts will be made on the following schedule, based upon the billing date in the user’s contract. The first rebill attempt will be made on the contract renewal date. The second rebill attempt will be 3 days after the initial rebill attempt failed; the third will be on the first Friday the falls on or after 7 days after the second-attempt failed; the fourth will occur on the final day of the month; the fifth will be on the first day of the new month; and the sixth, which will be for the standard $6.99 or $8.99 trial amount, will be 7 days after the sixth attempt failed. This will give a user a full month of access for the reduced rate of $6.99 or $8.99 and continue to bill them at $6.99 or $8.99 a month until they cancel the account.
B. For Memberships. In addition to subsection 4.A., this subsection applies for any fee-based memberships and subscriptions to the Service.
1. 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.
2. Trial Use. Users can sign up for a trial account. This will give users access for seven (7) number of days in exchange for $6.99. Trial users will have unrestricted access to all documents, educational tools, and other PaperDue features during the trial period. At the conclusion of the trial period, the account converts into a monthly membership that will be billed automatically. The membership will begin on 8th day and will be billed on the same day each month (every 30 days). The monthly membership will continue until the user cancels via one of the Paperdue cancellation methods:
3. One-Time Use. In addition to subsections 5.B.1 and 5.B.2, this subsection applies to any one-time use based Service.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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 Electronic Inspiration LLC C/O Paperdue.com, 4111 NE 1st Street, 8th Floor #1010, Miami, FL 33132 (ii) by email to [email protected] (iii) by telephone or text message at toll-free 1-800-797-9968 or local 1-786-923-8617 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 1-786-923-8617 requesting cancellation of your account.
10. 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.
11. 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.
VI. Citation Generator and Software Translation 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.
VII. 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.
A. 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.
VIII. 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.
IX. 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.
X. 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:
A. Using the Site to transmit, directly or indirectly, any spam or other form of unsolicited bulk communications;
B. Harvesting information about our users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications;
C. 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;
D. Misrepresenting your identity or affiliation in any way;
E. 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;
F. Reverse engineering, disassembling or decompiling any section or technology on this Site, or attempting to do any of the foregoing;
G. 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;
H. 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;
I. 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;
J. Violating any applicable laws or regulations or these Terms;
K. Assisting or permitting any persons in engaging in any of the activities described above;
L. Further, by Using this Site, you represent and warrant that:
1. 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
2. You will obtain releases, consents, and permissions for use of all materials, trademarks, content, and persons depicted or included in any Content you contribute.
XII. 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.
XIV. 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.
XV. 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.
XVI. 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.
XVII. 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.
A. 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.
B. 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.
C. 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 SECTIONS XVI and XVII 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.
XVIII. 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.
XIX. 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.
XX. 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.
XXI. Notice for Claims of Intellectual Property Violations.
A. 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:
1. The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
2. A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
3. 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;
4. 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;
5. Your name, address, telephone number, and email address so that we may contact you;
6. 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,
7. 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.
8. Our agent for notice of claims of copyright infringement on this Site can be reached as follows:
Electronic Inspiration LLC
Attn: Copyright Agent
111 NE 1st Street
8th Floor #1010
Miami, FL 33132
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 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:
1. An electronic or physical signature of the user;
2. 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;
3. 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,
4. 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.
5. The Member must also provide a statement that the will accept service of process from the Complainant.
6. 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.
XXII. 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.
XXIII. 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., 111 NE 1ST STREET, 8TH FLOOR #1010, MIAMI, FL 33132. 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.
XXIV. 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.
A. by regular mail to
Electronic Inspiration LLC.
111 NE 1st Street, 8th Floor #1010
Miami, FL 33132;
B. by telephone toll-free 800-797-9968 or local 786-923-8617;
C. or, by email at [email protected]
XXVI. 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.
Last Updated on 01/10/2021