Terms of Service
EFFECTIVE DATE: May 13, 2013
The following describes the terms under which PaperFixr.com ("we," "our," or "us") provides the http://www.PaperFixr.com web site (the "PaperFixr.com Service" or the "Service") to visitors and Users of the Service ("Users") and to visitors to the http://www.PaperFixr.com Web site.
Your use of this Service is expressly conditioned upon your agreement to the PaperFixr.com Terms of Service, and the following terms, conditions, and policies, including any future amendments hereto (collectively, the "Agreement"):
If you submit an order for our service on behalf of any person or entity other than yourself, personally, you are representing to PaperFixr.com and PaperFixr.com understands you to be representing that you have actual or apparent authority to bind that person or entity and that your acceptance of these Agreements will be treated as acceptance of the same by that person or entity.
Modifications and Changes. In its sole discretion, PaperFixr.com reserves the right, to change, modify, add, or remove portions of this Agreement at any time. Such modifications will be effective immediately after they have been posted to this website or on the date indicated in any written notification that PaperFixr.com may provide regarding modifications to the Agreement. Users should periodically review the most recent version of this Agreement, which is always available from each webpage within PaperFixr.com. However, your continued use of this website and the Service following the posting of any modifications to the Agreement shall mean that you accept and agree to the modifications. As long as the terms of this Agreement are complied with, PaperFixr.com grants you a limited, revocable, non-exclusive, non-assignable, non-sub licensable right to access and use the Service as it is intended to be used, in accordance with this Agreement and applicable law. PaperFixr.com conveys to you no other rights hereunder, express, implied or otherwise.
Links to Other Sites. The Service may contain links to other affiliated or independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our Users and visitors. Such Linked Sites are not under PaperFixr.com's control, and PaperFixr.com is not responsible or liable for, and does not endorse the content or practices of such Linked Sites, including, but not limited to any information or materials contained on such Linked Sites. You, as the prospective user of such Linked Sites will need to make your own independent judgment regarding your interaction with these Linked Sites.
2. SERVICE DESCRIPTION
General Description of Services. The PaperFixr.com Service allows Users to submit documents with confidence that a proofreading and editing professional will review their submissions and make comments and corrections as deemed necessary. PaperFixr.com provides editing for basic grammar, which includes the correction of punctuation, verb tense, spelling, capitalization, and sentence structure. Documents are carefully edited in order to make sure that the objective of the User’s writing is conveyed to the target audience. Editors may provide comments in for style, and at times, for content, in order to result in a well-drafted document. PaperFixr.com will not provide attribution or direction on the proper attribution of copyrighted material or non-User Content cited or referenced in your submitted documents. PaperFixr.com does not make any warranties or representations that the Services will ensure a particular response or result from your documents’ recipients, to include but not limited to specific academic grades or evaluations.
3. CONDITIONS FOR USE
As a condition for use, you agree to the following:
• The Service allows Users to upload, transmit, publish, and disseminate documents and other content ("User Content"). Any User Content contained on the Service represents the opinion of that User only. No content made available through the Service, including User Content, should be taken as a statement by or from PaperFixr.com, or its subsidiaries, directors, officers, employees, contractors, agents or licensors.
• You are solely responsible for any User Content that is published, transmitted, or disseminated using the Service. You agree to immediately inform PaperFixr.com of any unauthorized use of your personally identifiable information, or any other breach or potential breach of security.
• You will not utilize the Service to harass, threaten, impersonate, or intimidate anyone.
• You will not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• You will not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright law, trademark law, or violates, in any way, any other law, whether domestic U.S. or international, protecting intellectual property in any jurisdiction, or that violates an individual's right to privacy or publicity.
• You will not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation.
• You will not transmit any worms, viruses, or any code that is destructive in nature.
• You will not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof. You will not violate any local laws in your jurisdiction (including, but not limited to intellectual property laws).
• You will not use the Service for any illegal or unauthorized purpose. If you are an international User, you agree to comply with all local laws regarding online conduct and acceptable content.
When you upload or otherwise provide your own original User Content to or through the Service, you will retain ownership of any copyright (and any other rights) you already hold in your User Content. You also represent and warrant that, with respect to all User Content that you upload, transmit, publish, and disseminate through the Service, that: (a) you have the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute or otherwise exploit such User Content in connection with the Service, and grant or otherwise extend to PaperFixr.com such rights and licenses, as necessary, to execute the Services governed by the terms of this Agreement; and (b) the User Content will not infringe or otherwise violate the copyright, trademark, or any other right of any third party.
By submitting User Content as set forth above, you hereby do and shall grant to PaperFixr.com and its successors, assigns, and third-party service providers, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub-licensable, and transferable license to use, reproduce, modify, create derivative works based on, distribute, publicly display, and publicly perform the User Content in any medium and by any means currently existing or yet to be devised. You also hereby do and shall grant to each visitor to and User of the Service a worldwide, non-exclusive license to access, view, link to, and share your User Content solely as permitted by and through the Service and in accordance with these terms of this Agreement.
5. COPYRIGHT POLICY
If you believe that PaperFixr.com, or any User utilizing the Service, has violated a copyright that you claim in your work pursuant to the Digital Millennium Copyright Act ("DMCA"), please contact us at support@PaperFixr.com.
6. PAPERFIXR.COM'S INTELLECTUAL PROPERTY
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, "PaperFixr.com Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of such PaperFixr.com Content, contained in the Service is owned, controlled, or licensed by or to PaperFixr.com, and is protected by trade dress, copyright, patent, and/or trademark laws, and various other intellectual property and other rights.
Your User Content (as defined above) is owned by you, and is not PaperFixr.com Content.
Except as expressly provided in this Agreement or otherwise permitted by law, no PaperFixr.com Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, Web site, or any other medium for publication or distribution or for any commercial enterprise or purpose, without PaperFixr.com's express prior written consent.
7. VIOLATION OF THIS AGREEMENT - TERMINATION
You agree that PaperFixr.com may, in its sole discretion and without prior notification, terminate your access to the Service and/or block your future access to the Service if it finds that you have violated this Agreement or other agreements or guidelines which may govern or control your use of the Service. Please understand that it is PaperFixr.com's policy to terminate the access of Users who repeatedly violate the copyrights or other intellectual property protections afforded to third parties.
If PaperFixr.com does take any legal action against you as a result of your violation of this Agreement, PaperFixr.com will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to PaperFixr.com. You agree that PaperFixr.com will not be liable to you or to any third party for termination of your access to the Service.
Any rights or licenses you grant to PaperFixr.com, or its visitors or Users, during the term of this Agreement - including, but not limited to, the license granted in connection with your publication of User Content - shall survive termination of this Agreement.
8. WARRANTIES DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PAPERFIXR.COM AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS AND LICENSORS (THE "PAPERFIXR.COM AFFILIATES") EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. PAPERFIXR.COM AND PAPERFIXR.COM AFFILIATES MAKE NO WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS; (C) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (D) ANY PRODUCTS, SITES, INFORMATION OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY PARTICULAR STANDARD OF QUALITY; AND (E) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL, WRITTEN OR OTHERWISE, OBTAINED BY YOU FROM PAPERFIXR.COM OR THROUGH THE HTTP://WWW.PAPERFIXR.COM WEBSITE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE, INCLUDING USER CONTENT, IS SOLELY THE OPINION OF THE PARTY RESPONSIBLE FOR ITS PUBLICATION. NO SUCH CONTENT, INCLUDING USER CONTENT, AND NO STATEMENT MADE BY, ON, OR THROUGH THE SERVICE SHALL BE ATTRIBUTABLE TO PAPERFIXR.COM OR PAPERFIXR.COM AFFILIATES.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PAPERFIXR.COM AND PAPERFIXR.COM AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, STATUTE, TORT, STRICT LIABILITY, OR ANY FORM OF NEGLIGENCE, WHETHER CAUSED BY YOU, PAPERFIXR.COM, PAPERFIXR.COM AFFILIATES OR OTHERS). THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, BUSINESS OPPORTUNITY OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF: (A) ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE: (B) ANY CHANGES THAT PAPERFIXR.COM MAY MAKE TO THE SERVICE; (C) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (D) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY USER CONTENT MAINTAINED THROUGH THE SERVICE; OR (E) YOUR FAILURE TO KEEP YOUR ORDER OR FINANCIAL DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT PAPERFIXR.COM AND PAPERFIXR.COM AFFILIATES SHALL NOT BE LIABLE FOR ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. LIMITATIONS AND EXCLUSIONS
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, PAPERFIXR.COM AND PAPERFIXR.COM AFFILIATES' LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE TO INDEMNIFY AND HOLD PAPERFIXR.COM AND PAPERFIXR.COM AFFILIATES HARMLESS FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DAMAGES, JUDGMENTS AND COSTS (INCLUDING REASONABLE ATTORNEY?S FEES) BROUGHT BY THIRD PARTIES AND/OR INCURRED BY PAPERFIXR.COM AND PAPERFIXR.COM AFFILIATES IN CONNECTION WITH ANY USER CONTENT OR COPYRIGHTED, TRADEMARKED OR OTHERWISE PROTECTED THIRD PARTY CONTENT THAT YOU, USE, PUBLISH OR DISSEMINATE USING THE SERVICE OR ANY CLAIM ARISING OUT OF YOUR BREACH OF THE TERMS OF THE AGREEMENT. SHOULD YOU FAIL TO HONOR THE INDEMNITY OBLIGATION HEREUNDER, PAPERFIXR.COM RESERVES THE RIGHT TO ASSUME THE DEFENSE AND RESOLUTION OF ANY SUCH CLAIMS SUBJECT TO INDEMNIFICATION BY YOU.
12. GENERAL TERMS
Entire Agreement. This Agreement is the whole legal agreement between you and PaperFixr.com. It governs your use of the Service and completely replaces any prior agreements between you and PaperFixr.com with respect to the Service. You may also be subject to additional terms and conditions that may apply when you utilize or purchase other services from PaperFixr.com and/or its affiliated services.
Dispute Resolution. In the event of any controversy or dispute between PaperFixr.com and you arising out of or in connection with your use of the Service, PaperFixr.com will attempt, promptly and in good faith, to resolve the dispute. If PaperFixr.com is unable to resolve any such dispute within a reasonable time, each party to this Agreement agrees that any dispute or controversy arising between any of the parties to this Agreement, or any person or entity in privity therewith, out of the transactions effected and relationships created pursuant to this Agreement and any other agreement created in connection herewith, including any dispute or controversy regarding the formation, terms, or construction of this Agreement, regardless of kind or character, must be resolved through binding arbitration, which may be initiated by any party to this Agreement. In any such proceeding, PaperFixr.com, in its sole discretion, shall choose the arbitrator or arbitration panel. Each party to this Agreement agrees to submit such dispute or controversy to binding arbitration before the American Arbitration Association in New Castle County, Delaware, and further agrees to be bound by the determination of an arbitrator or arbitration panel empanelled by the American Arbitration Association to adjudicate the dispute. Judgment on any arbitration award may be entered in any court of competent jurisdiction. Any party to this Agreement may bring an action, including a summary or expedited proceeding, to compel arbitration of any such dispute or controversy in a court of competent jurisdiction and, further, may seek provisional or ancillary remedies, including temporary or injunctive relief in connection with such dispute or controversy in a court of competent jurisdiction, provided that the dispute or controversy is ultimately resolved through binding arbitration conducted in accordance with the terms and conditions of this Agreement. In any proceeding under this section of the Agreement, the non-prevailing party shall bear all costs, including reasonable attorneys' fees.
Governing Law. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the State of Delaware without regard to its conflicts of law provisions. You agree that the State and Federal courts located in New Castle County, Delaware, U.S.A., shall have exclusive jurisdiction over any claims arising under or related to this Agreement and, hereby waive any objections to such jurisdiction and/or venue. The State and Federal courts located in New Castle County, Delaware, U.S.A., shall have exclusive jurisdiction to confirm or enforce any award rendered through arbitration.
Statute of Limitations. You agree that, regardless of any statute or law to the contrary, you must bring any claim arising under or related to this Agreement within one (1) year after the events giving rise to the cause of action occur, or such claim or cause of action shall be considered waived and forever barred.
Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement shall be enforced as written or be considered modified to the extent necessary to be enforceable. If PaperFixr.com does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver or relinquishment of our rights. PaperFixr.com may assign or delegate all rights and obligations under the Agreement, fully or partially.
Notices. PaperFixr.com may provide you with notices, including those regarding changes to the Agreement, by email, regular mail, or postings to the Service. If you have questions or concerns regarding these Terms of Service, please contact us in writing at support@PaperFixr.com or by calling us directly.