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Terms and ConditionsPlease check this page frequently for updates. The current version of these terms and circumstances apply each time you use the site. Please read this document carefully. It contains very important information about your rights and obligations, as well as limitations and exclusions that can apply to you. This document contains a dispute resolution clause. This Contract ("Contract"), is made by and between Writingpedia.com ("Writingpedia," "Writingpedia.com," "We," "Us," or "Our") and you ("You," "Your" or "Yourself"). The Website, all products or services offered on this site, all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto ("Content") are subject to the following terms and circumstances, which can be updated from time to time. Upon accessing Writingpedia.com, you agree to these terms and circumstances. Please read these terms carefully. If you do not agree with any of these terms or circumstances, or if any or all of the following are prohibited within your jurisdiction, do not access or otherwise use this web site, the products, or any information contained on this web site. Your access to and use of this web site constitute your contract to abide by, and understanding of each of the terms and circumstances set forth below. If you have any questions, visit the "contact us" section of our web site to submit questions to our customer service representatives. MANDATORY ADJUDICATION You understand and agree that all claims, disputes, or controversies between You and Writingpedia and its parents, subsidiaries or related companies, including but not limited to tort and contract claims, claims based upon any federal, state, or local statute, law, order, ordinance, or regulation, and the issue of arbitrary, must be resolved by final and binding adjudication using the American Adjudication Association's (AAA) Commercial Adjudication Rules (AAA Rules) in effect on the date of initiation of the adjudication, except as to those AAA Rules that conflict with or differ from this Contract, by one or more arbitrators appointed in accordance with the said rules at a location determined by the arbitrator(s). The arbitrator must be a lawyer with more than ten years experience or a retired or former judge. The arbitrator must be independent of and unrelated to You. Notwithstanding any language in these Terms and Circumstances to the contrary, no adjudication can be administered without the consent of all parties to the adjudication. Any controversy concerning whether a dispute is arbitral must be determined by the arbitrator(s) and not by the court. Judgment upon any award rendered by the arbitrator(s) can be entered by any state or federal court having jurisdiction thereof. This adjudication contract is made pursuant to a transaction in interstate commerce and its interpretation, application, enforcement, and proceedings there under must be governed by the Federal Adjudication Act, 9 U.S.C. Sec. 1-16 ("FFA"). Neither you nor we shall be entitled to join or consolidate claims in adjudication by or against other consumers or arbitrate any claim as a representative or member of a class or in a private attorney general capacity. The parties voluntarily and knowingly waive any right they have to a jury trial. ACCURATE INFORMATION In consideration of Your use of the Website, You agree to provide true, accurate, and current information about Yourself if prompted on Our Website, and agree to promptly update such information should it change or should additional information be required by Writingpedia or appropriate law. We reserve the right to request verification of, and You agree to be subject to verification of, any of the information provided by You for enrollment with and continued use of the Membership. COMPANY NEWSLETTER AND OTHER EMAILS By signing up on the Website, You are opting-in to receive Our newsletters by email, other special offer emails, and/or third-party emails. If You do not wish to receive these emails, You can opt-out at any time, by following the directions in the newsletter/email. REQUIREMENTS You must meet the basic requirements listed below to utilize Our Website. Cookies: Members must have cookies enabled. Members must access Our Partners' sites (where applications can be completed or information provided) through the Website. These circumstances are mandatory so that the educational institution will know that You used Our Website to reach their respective site. Etiquette: You must not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of Writingpedia's Website. You must not use robots, scripts, spiders, or crawlers or similar devices with the Writingpedia Website. Your Relationship To Writingpedia: Your relationship to Writingpedia is one of an independent contractor and/or customer. No employee-employer relationship is created by Your use of the Website. Your Relationship With Partners: We do not warranty, guarantee, or insure the quality of any product or service offered by any of the Partners. Your relationship with Partners for whom We deliver goods or services on Our Website, including payment for and delivery of related goods or services, and any other terms, circumstances, warranties or representations associated with such dealings, are solely between You and such Partner. You agree not to hold Writingpedia liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the content provided by such Partners through the Website. When You leave the Writingpedia Website, You should review the terms and circumstances and privacy policy appropriate to that web site. Inaccuracies/Typos: Writingpedia is not responsible for typos or misprints contained within Our Website. We reserve the right to correct typos, errors and descriptions as needed to maintain accurate information. Under no circumstances will Writingpedia be liable for misquoted content. All information and prices should be verified prior to final transactions. INTELLECTUAL PROPERTY You acknowledge and agree that (a) all text, pictures, graphics, logos, button items, images, works of authorship and other information and all revisions, modifications, and enhancements thereto ("Content") is the copyrighted work of Writingpedia or its third party content suppliers and is protected by copyright laws, (b) the domain www.Writingpedia.com, the Writingpedia logo, all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Writingpedia (collectively, "Marks"), and (c) all other trademarks, product names, company names or logos on the Website are the property of their respective owners. In addition to agreeing to comply with all appropriate laws, You agree You will not use any such Content or Marks from this Website for any purpose without the appropriate prior written authorization. TERMINATION AND CANCELLATION Termination: Writingpedia, at Our sole discretion, can terminate your usage of the Website without prior notice for any reason or no reason at all, including without limitation, for (a) any violation of any provision of this Contract; (b) aiding in or promoting circumvention of the Website; (c) acting against Our business interests or reputation; or (d) otherwise acting unlawfully in relationship to Writingpedia or the Website. End of Website: We can cease offering the Website at any time and for any reason, in Our sole discretion. WARRANTIES: You expressly agree that use of the web site is at your sole risk. The web site is provided on an "as is" and "as available" basis. To the maximum extent allowed by appropriate law, we expressly disclaim all warranties of any kind, express or implied by law, custom or otherwise, including without limitation any warranty of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. We make no warranty regarding any goods or services purchased or obtained through the web site or any transactions entered into through the web site. LIMITATION OF LIABILITY to the fullest extent permitted by law, you understand and agree that Writingpedia, including Writingpedia's partners, officers, directors, agents, employees, subsidiaries, affiliates, parents, successors, and their suppliers will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages (including without limitation reasonable attorneys fees, expenses, and court costs) resulting from your breach of this contract, your omissions, your failure to abide by all appropriate laws, rules, or regulations, or in any way connected to your access to, use of, or inability to use the web site, products, account, membership benefits, content or software, or from your access to, use of, inability to use, or reliance upon any linked web site, even if Writingpedia, or its suppliers have been advised of the possibility of those damages. Some jurisdictions either do not allow or place restrictions upon the exclusion or limitation of damages in certain types of contracts; for these jurisdictions, the aforementioned limitation on liability shall be to the maximum degree permitted by appropriate law. If, notwithstanding the above, liability is imposed upon Writingpedia, then you agree that Writingpedia's total liability for any or all your losses or injuries from Writingpedia's acts or omissions GOVERNING LAW AND OTHER TERMS California Law and Jurisdiction: Any action related to this Contract will be governed by the laws of the State of California, without regard to conflict of laws Rules. Any action relating to this Contract as permitted following the Mandatory Adjudication described above must be brought in the state or federal courts located in the Southern District of California, and You hereby submit to the exclusive jurisdiction and venue thereof. You agree to comply with the laws of the State of California and the United States of America that apply to the use of the Website and the compensation You can receive. If the law of Your residence prohibits or limits Your participation in the Website, then You are responsible for complying with such laws and You agree to indemnify Us against any breach or violation. Enforceability; No Assignment: If any part of this Contract is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Contract is personal to You and You can not transfer, delegate, or assign this Contract, Your Membership or other benefits You can receive as a Member to anyone: Any attempt by You to assign or delegate this Contract must be null and void. We can assign this Contract at Our sole discretion. Other Documents: This Contract can NOT be altered, supplemented, or amended by the use of any other document(s) unless otherwise agreed to in a written contract signed by both Writingpedia and You. SECURITY Standard Procedures: To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, We have used appropriate industry standard procedures to protect the confidentiality of Your personal information, such as firewall, encryption, application proxies, monitoring technology, and adaptive analysis of network traffic to track abuse of Our network and its data. However, no data transmitted over the Internet can be completely secure. As a result, while We strive to protect Your personal information, We cannot guarantee the security of any information that You transmit to Us or from Our Partners and You do so at Your own risk. No Tampering: You agree not to tamper with the proper functioning and tracking of the Website. Emulating or "faking" search usage and Website visits will lead to termination of Your account and can lead to legal action. Unauthorized Use: any unauthorized use or entry into Writingpedia web site is punishable by law, and will be prosecuted to the full extent of that law. ENTIRE CONTRACT This Contract, the Privacy Policy, and other terms, circumstances and policies Writingpedia can post on this Website constitute the entire Contract between You and Us and supersede all prior contracts between the parties regarding the subject matter contained herein. This Contract, the Privacy Policy, and other terms, circumstances and policies Writingpedia can post on this Website must be read to be mutually consistent wherever possible. In the event of any conflict, this Contract and the Privacy Policy will control over the Website. No failure of either party to exercise or enforce any of its rights under this Contract will act as a waiver of such rights. CONTACTING US If You have questions about any offer, Partner, completion, Website or this Contract, please contact info@writingpedia.com |
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