Terms of Service
Last modified: December 20, 2020
EssayCoach LLC doing business as EssayMaster.com ("EssayMaster," "we,""us," or "our") welcomes you. We provide you (“you” or “User”) access to our services ("Services") through our website located at www.essaymaster.com, mobile website, and mobile application (collectively, the "Website") subject to these Terms of Use (“Terms”), which may be updated by us from time to time without notice to you. By browsing the public areas, or accessing and using the Website, you acknowledge that (i) you have read, understood, and agree to be legally bound by the terms and condition of these Terms of Service and the terms and conditions of our Privacy Policy, which are incorporated by reference, that (ii) you are at least 18 years of age, or (iii) if you are less than 18 years of age that you have reviewed these Terms and the Privacy Policy with your parent or guardian and that your parent or guardian has agreed to them on your behalf.
AS SET OUT IN MORE DETAIL BELOW, PLEASE BE AWARE THAT ESSAYMASTER CANNOT AND DOES NOT GUARANTEE TO ANY USER THAT USE OF THE SERVICES WILL RESULT IN THAT USER GAINING ADMISSION TO ANY PARTICULAR SCHOOL OR UNIVERSITY OR ANY SCHOOL OR UNIVERSITY AT ALL.
I. These Terms
A. Services Rules and Supplemental Terms
Your access to and use of the Website and Services is governed by the terms and conditions of these Terms of Use, our Privacy Policy, currently located at https://www.essaymaster.com/privacy (as described in more detail below).
Certain of the features, functionality, tools, content and promotions available on or through the Website may be subject to additional or supplemental terms and conditions (“Supplemental Terms”). If you choose to access or use those features, functionality, tools or content or participate in those promotions, the applicable Supplemental Terms are also incorporated and deemed part of these Terms of Use.
If there is a conflict between these Terms of Use and the Supplemental Terms, the Supplemental Terms will govern and control with respect to the applicable features, functionality, tools, content and promotions.
PLEASE READ THESE TERMS OF USE, OUR PRIVACY POLICY, AND ALL APPLICABLE SUPPLEMENTAL TERMS (COLLECTIVELY, THE “TERMS”) CAREFULLY, AS THEY CONTAIN TERMS AND CONDITIONS THAT IMPACT YOUR RIGHTS, OBLIGATIONS AND REMEDIES IN CONNECTION WITH YOUR USE OF THE WEBSITE AND SERVICES. FOR EXAMPLE, THE TERMS INCLUDE:
§ YOUR OBLIGATION TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS;
§ LIMITATIONS OF OUR LIABILITY TO YOU; AND
§ A REQUIREMENT THAT YOU PURSUE CLAIMS OR SEEK RELIEF AGAINST US THROUGH ARBITRATION ONLY (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) AND ON AN INDIVIDUAL BASIS, RATHER THAN AS A PARTICIPANT IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICES IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS.
B. Amendment of Terms
EssayMaster reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions (collectively “amend” or “update”). If we choose to amend the Terms, we will update the Effective Date at the top of the Terms and post the updated version. We may also, at our option, choose to notify you by e-mail or another means. By continuing to use the Website or Services after we have posted an updated version of the Terms or otherwise notified you of an update, you are affirming that you agree to be bound by the amended Terms. This provision is subject to a few limitations in the “Dispute Resolution” section below. If the amended Terms are not acceptable to you, your only recourse is to stop all use of the Website and Services.
No other modification, amendment, supplement of or to the Terms will be binding on EssayMaster unless it is in writing and signed by an authorized representative of EssayMaster.
C. Consequences of Non-Compliance
Your failure to comply with the Terms may result in the suspension or termination of your account and/or access to the Services, and may subject you to civil and criminal penalties.
II. The Website and Services
A. License to Use
Subject to your compliance with the Terms, EssayMaster grants you a limited non-exclusive, non-transferable, non- assignable and non-sublicensable license to access and use the Website and Services for your own personal use only, and not for use for any business purpose or commercial activity. This license is granted for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by EssayMaster, in the manner permitted by the Terms.
B. Acknowledgements
YOU AFFIRM THAT YOU HAVE READ THE FOREGOING AND ACKNOWLEDGE THAT:
§ ESSAYMASTER DOES NOT AND CANNOT GUARANTEE THAT THE WEBSITE OR SERVICES WILL BE CONTINUOUS OR ERROR-FREE.
§ IF YOUR MOBILE OR DATA PLAN SERVICES OR ACCESS TO THE INTERNET OR OUR WEBSITE IS/ARE SUSPENDED, CANCELLED OR TERMINATED (E.G., AS A RESULT OF BILLING ISSUES OR OTHER BREACH), YOU MAY NOT BE ABLE TO USE SOME OR ALL OF THE WEBSITE.
§ YOU ARE EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND THE SERVICES AND YOUR CONTENT. ABUSE OF THE SERVICES MAY SUBJECT YOU TO CIVIL AND CRIMINAL FINES AND PENALTIES. ESSAYMASTER DOES NOT GUARANTEE ANY PARTICULAR OUTCOME OR ADMISSION AS A RESULT OF THE USE OF ITS SERVICES.
C. Modifications and Updates to the Website and Services
EssayMaster reserves the right, in its sole discretion, to modify or discontinue offering the Website and/or Services, in whole or in part, or any features, functionality, tools or content thereof, at any time, for any reason or no reason, with or without notice to you.
You agree that EssayMaster has no obligation to provide any updates or to continue to provide or enable any particular features, functionality, tools or content, and will not be liable with respect to any such modifications, discontinuance or deletions.
D. International Users
The Website and Services are controlled and operated within the United States. You are prohibited from accessing or using the Website and Services from any territory where the Website or any of the features, functionality, tools, content thereof, are illegal. If you choose to access the Website from a location outside the United States, you do so at your own risk and you are solely responsible for compliance with applicable laws, rules and regulations, including export laws and any regulations and local laws regarding online conduct and content.
III. Accounts
A. Account Creation and Registration
While certain areas of the Website are publicly available, you must register for a User account before you are able to use any of the Services. You may register to create an account directly via the Website.
You may not register for an account on behalf of any person (other than yourself or your child).
No person or entity may have more than one active account at any given time.
Your account will be created based upon the information you provide to us.
You agree to provide complete, accurate and up-to-date information during the registration process and to update such information as necessary to ensure that it remains complete, accurate and up-to-date.
When you create your account, you will be asked to create a password, which you will be solely responsible for safeguarding. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your EssayMaster account or any other account that you may connect to your EssayMaster account. You agree not to disclose your password to any third party, and you agree to immediately notify EssayMaster of any unauthorized use of your account. You further acknowledge and agree that you will be solely responsible for any activities or actions on or through your account, whether or not you have authorized such activities or actions. EssayMaster cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
B. Account Suspension and Cancellation
You may cancel your account at any time.
We may, in our discretion, without liability to you and without limiting our other remedies, with or without prior notice and at any time, decide to (i) limit, suspend, deactivate or cancel your account and take technical and legal steps to prevent you from using our Website and Services at any time for any reason, and (ii) screen or delay the posting or delivery of Your Content.
EssayMaster reserves the right to suspend or terminate your account or your access to the Services if you create more than one account, or if any information provided during the registration process or thereafter is determined to be incomplete, inaccurate, outdated, deceptive or fraudulent.
We reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a prolonged period of time. We also reserve the right to cancel accounts of Users who fail to comply with the Terms, including the terms and conditions regarding User conduct, as set forth in the “User Conduct Guidelines” section below and elsewhere in the Terms.
If your account is deactivated or cancelled, EssayMaster will have the right, but not the obligation to delete Your Content. EssayMaster will use Your Content according to these Terms and the Privacy Policy.
If EssayMaster has suspended your account due to your actual or suspected breach of the Terms, such suspension will continue until the suspected breach is cured or otherwise resolved to EssayMaster’s satisfaction in its sole discretion.
C. Charges for Services
You agree to pay the fee for the applicable charges for the Services you sign up for at the rates in effect when the charges are incurred, including any applicable taxes. Any change in such fees will go into effect for the next billing period after we provide notice of the change.
D. Payment/ Credit Cards
YOU ARE RESPONSIBLE FOR PROVIDING ESSAYMASTER WITH VALID CREDIT CARD OR PAYMENT ACCOUNT DETAILS AND FOR THE TIMELY PAYMENT OF ALL FEES. Please note that the payment information, including name and contact information, that you submit when you register will be seen only by our payment processing services provider and otherwise used in accordance with the payment process services provider's Privacy Policy.
EssayMaster will automatically charge the credit card or payment account associated with your account at the time of billing. If you wish to designate a different credit card or payment account, or if there is a change in your credit card or payment account status, you must change your information in your account. This may temporarily disrupt your access to your account while EssayMaster verifies your new payment information.
We may contact you via email regarding your account, for example, in connection with a problem with your credit card or payment account.
Unless EssayMaster agrees or states otherwise in writing, all fees and charges are nonrefundable.
IV. User Conduct
Any time you access or use the Services, you are required to comply with our User conduct guidelines, as set forth below.
You agree that you will access and use the Website and Services for your personal use only, unless you are a Reviewer (as defined below).
Your Content will be reviewed by the editors or others that EssayMaster designates to review Your Content (“Reviewers”). Accordingly upload only content that you are comfortable having reviewed by third parties.
A. You agree that you will not access or use the Website or Services to upload, share or store any information, or otherwise act in any manner, that:
1) is intended to perpetrate a hoax or otherwise defraud, mislead or deceive any person or entity;
2) violates, breaches or circumvents any applicable local, state, federal or any other applicable law, rule or regulation, including any ruling or order of a court or administrative body;
3) is copied from someone else or violates, breaches or circumvents the rights of any person or entity, including infringing or misappropriating such party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
4) is defamatory, obscene, pornographic, vulgar, lewd, offensive or unlawful;
5) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
6) is inflammatory, abusive, violent or threatening or promotes violence or actions that are threatening to any other person; or
7) promotes illegal or harmful activities or substances.
In the event Your Content contains any of the foregoing prohibited material, or if EssayMaster deems it necessary in its sole discretion, EssayMaster may elect (but is not obligated to except as set forth in applicable law) to report Your Content to the appropriate legal authorities, and, delete your account and decline to provide any Services.
You are not authorized to access or use the Website or Services:
1) to impersonate any person or entity, or falsify or otherwise misrepresent your identity, credentials, affiliations or intentions;
2) to systematically retrieve information or content to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
3) if you are a person barred from receiving services under the laws of the United States or other applicable jurisdiction; or
4) for any other purposes that are not expressly permitted by the Terms.
5) access, copy, distribute, share, publish, use or store, or prepare derivative works from any Website content that belongs to EssayMaster, another User or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of the person or entity party holding the rights to license such use;
6) to share your login credentials or transfer your account to another party without our consent; or
7) circumvent our systems, policies, determinations as to your account status, including by attempting to access or use the Website if your account has been suspended or cancelled or you have otherwise been temporarily or permanently prohibited or blocked from using the Services.
2. Further, you may not:
1) access, search, collect information from, or otherwise interact with the Services by “scraping,” “crawling” or “spidering” the Services, by the use of any software, device, script or robot, or by any other means (automated or otherwise) other than through the currently available, published interfaces that are provided by EssayMaster, unless you have been specifically authorized to do so in a separate agreement with EssayMaster;
2) use, display, mirror or frame the Website, or any feature, functionality, tool or content of the Website, EssayMaster’s name, any EssayMaster trademark, logo or other proprietary information, without EssayMaster’s express written consent;
3) interfere with, disrupt, damage or compromise the Website or our systems or the access of any User, Reviewer, host or network in any way, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or by overloading, flooding, spamming, mail- bombing the Website or otherwise imposing an unreasonable or disproportionately large load on the Website;
4) access, tamper with or use non-public areas of any of the Website, EssayMaster’s computer systems, or the technical delivery systems of EssayMaster’s providers;
5) probe, scan, or test the vulnerability of any system or network of EssayMaster or its providers, or breach or circumvent any security or authentication measures of such system or network;
6) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by EssayMaster or any of EssayMaster’s providers or any other third party to protect the Website;
7) forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Website to send altered, deceptive or false source-identifying information;
8) attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Website;
9) export or re-export the Website or Services, except in compliance with the export control laws and regulations of any relevant jurisdictions;
10) otherwise abuse the Website or Services, or breach the Terms; or
11) attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.
E. Responsibility for Third Party Content
EssayMaster may provide third party content on the Service (including content of other Users), and may provide links to webpages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. EssayMaster does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Please be aware that EssayMaster does not create Third-Party Content, nor does EssayMaster update or monitor it. EssayMaster is therefore not responsible for any Third-Party Content on the Service. Users use such Third-Party Content at their own risk.
F. Investigations
EssayMaster reserves the right to investigate any and all reports, complaints and claims and prosecute violations of the law or otherwise suspected misconduct to the fullest extent of the law.
Without limiting the foregoing, you acknowledge that EssayMaster has the right, but not the obligation, at any time and without prior notice, to monitor access to or use of the Website or Services by any User, if we believe in good faith that it is reasonably necessary (i) to comply with any law or regulation or satisfy any legal process or governmental request (for example, a subpoena, warrant, order or other requirement of a court, administrative agency or other governmental body), (ii) to respond to claims asserted against EssayMaster, (iii) to enforce and to ensure a User’s compliance with the Terms, including the investigation of potential violations, (iv) to conduct risk assessments, and prevent, detect and investigate incidents of fraud, security and technical issues, (v) to protect the rights, property or safety of EssayMaster, its Users or members of the public, and (vi) for the purpose of operating and improving the Website and Services (including for customer support purposes).
You agree to cooperate with and assist EssayMaster or its representative in good faith, in any such investigations, including by providing us with such information as we may reasonably request.
When an issue arises, we reserve the right to consider such User’s performance history and the specific circumstances in applying our policies, and to determine how strictly to enforce such policies in an effort to achieve a fair outcome for all parties involved.
V. Intellectual Property
A. The Website
The Website, including the Services, and all features, functionality, tools and content thereof, is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Website and Services, and all intellectual property rights therein are the exclusive property of EssayMaster and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Website or Services.
Without limiting the foregoing, you acknowledge and agree that the trade names, logos, and other trademarks and service marks associated with EssayMaster (the “EssayMaster Marks”) are the property of EssayMaster, and that you are not permitted to use the EssayMaster Marks without our prior written consent.
You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Website or Services in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of EssayMaster or the intellectual property owner, as applicable.
This foregoing license is subject to modification or revocation at any time at EssayMaster’s sole discretion.
No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by EssayMaster or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.
B. Your Content
By uploading, sharing or storing any content or information, including without limitation any information, photographs or other images, or intellectual property (collectively, “Your Content”), you hereby grant EssayMaster a worldwide, non-exclusive, transferable, sublicensable, royalty-free right and license to use, copy, reproduce, process, adapt, modify, distribute, and display Your Content on the Website as necessary to provide the Services to you , including to Reviewers, and for purposes of customer support services, and otherwise operate the Website and Services, including for product development and de-bugging purposes. EssayMaster will not post your “before” or “after” essay to the public without first receiving an agreement from you in writing.
EssayMaster does not claim any ownership rights in Your Content and nothing in the Terms will be deemed to restrict any rights that you may have to use and exploit any such content, subject only to the licenses granted to EssayMaster under these Terms.
You acknowledge and agree that you are solely responsible for Your Content, and for any consequences thereof.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to Your Content, and that neither Your Content, nor EssayMaster’s use of Your Content (or any portion thereof) in connection with the Services will infringe, misappropriate or violate the rights of any person or entity, including patent, copyright, trademark, trade secret, moral rights, industrial rights, database rights or other proprietary or intellectual property rights, rights of publicity or privacy or data protection or contractual rights, or result in the violation of any applicable law or regulation.
C. Links to Third-Party Websites and Services
The Website may also provide links to third-party websites, resources or services. You acknowledge and agree that EssayMaster is not responsible or liable for (i) the availability, terms or practices of such websites, resources or services, or (ii) the content, products or services available on or through such websites, resources or services, including that any information provided is complete, accurate or up-to-date. Links to such websites, resources or services do not imply any endorsement by EssayMaster of such websites, resources or services or the content, products or services available on or through such websites, resources or services. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or services or the content, products or services available on or through such websites or services.
We will not be responsible or liable for any damage or harm resulting from your interactions with such websites or services, or the content, products or services available on or through such websites or services.
VI. WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION
A. Warranties by Users
You represent and warrant to EssayMaster that:
§ you have the power and authority to accept and agree to the Terms;
§ you own or control all of the rights necessary to grant the rights and licenses granted herein;
§ you will not violate any federal, state or local laws, rules or regulations or infringe the rights of any third party, including, any intellectual property, privacy or publicity-related rights, in connection with Your Content or otherwise in connection with your access to or use of the Website and Services;
§ the exercise by EssayMaster of the rights granted by you hereunder will not cause EssayMaster to violate any applicable laws, rules or regulations, to infringe the rights of any third party; and
§ all account information provided by you will be complete, accurate and up-to-date when provided, and updated as necessary to ensure that it remains complete, accurate and up-to-date.
B. Disclaimers
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, ESSAYMASTER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE WEBSITE OR SERVICES, OR THAT USE OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY WEBSITE CONTENT.
C. Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
§ ESSAYMASTER DOES NOT GUARANTEE YOUR ADMISSION TO ANY PARTICULAR SCHOOL OR TO ANY SCHOOL OR UNIVERSITY AT ALL.
§ THE ENTIRE RISK ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE AND SERVICES IS AND REMAINS WITH YOU.
§ WITHOUT LIMITING THE FOREGOING, ESSAYMASTER DISCLAIMS ANY AND ALL LIABILITY RELATED TO (I) YOUR USE OF OR INABILITY TO USE THE WEBSITE OR SERVICES, (II) THE ACTS OR OMISSIONS OF ANY OTHER USER OR ANY OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, AND (III) ANY THIRD-PARTY CONTENT OR YOUR CONTENT ACCESSED, VIEWED OR DOWNLOADED IN CONNECTION WITH THE USE OF THE SERVICES.
§ YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING AND USING THE WEBSITE, SUBMITTING AND TRANSMITTING YOUR CONTENT, ARE DONE AT YOUR OWN DISCRETION AND RISK, AND YOU AND HEREBY RELEASE ESSAYMASTER AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING.
§ IN NO EVENT WILL ESSAYMASTER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ESSAYMASTER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
§ CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIVE OR LIMITATION OF CERTAIN DAMAGES AS SET FORTH IN THIS SECTION, SO THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, ESSAYMASTER’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED U.S. DOLLARS (US$100).
D. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ESSAYMASTER AND YOU, AND WILL SURVIVE AND APPLY EVEN IF YOUR REMEDIES ARE FOUND OR ALLEGED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE.
E. Exclusions
NOTHING IN THE TERMS FURTHER IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE FROM DEATH OR PERSONAL INJURY. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN THIS SECTION THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT REQUIRED BY LAW.
F. Indemnification
To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold EssayMaster, its parent, subsidiaries, affiliates, licensors and service providers, and its and their officers, directors, shareholders, agents, employees and representatives, harmless (collectively “indemnify” or any variation thereof) from and against any claims, liabilities, damages, losses, costs and expenses, including, any bodily injury, illness, death or damage to any real or personal property, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, and including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with (i) your access to or use of the Website and Services, including any and all features, functionality, tools, content and promotions available on and through the Website, (ii) Your Content; (iii) any interactions with any other User, (iv) your breach of the Terms, including any violation of national, federal, state or local or other applicable laws, rules or regulations or any infringement or misappropriation of the rights of any third party, and (v) your gross negligence or willful misconduct.
G. Obligation to Defend.
You agree that, at EssayMaster’s option, you will conduct the defense of any such claim or action; provided that, notwithstanding our election that you conduct the defense, (i) EssayMaster may nevertheless participate in such defense or settlement negotiations and pay its own costs associated therewith, and (ii) you will not enter into any settlement or other compromise without the prior written approval of EssayMaster (which approval shall not be unreasonably withheld), unless such settlement or other compromise includes a full and unconditional release of the relevant parties from all liabilities and other obligations in respect of such claim or action.
No person or entity shall be entitled to any form of equitable or implied indemnification at any time, except as provided by the Terms.
VII. GOVERNING LAW & DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND ESSAYMASTER HAVE AGAINST EACH OTHER ARE RESOLVED.
A. Governing Law
The Terms shall be governed by and interpreted in accordance with the laws of the State of New Jersey without regard to conflict of law principles.
B. Arbitration
Notwithstanding any contrary provision of these Terms, all disputes, claims, controversies and matters relating to or in connection with these Terms (or the breach thereof) or any transactions hereunder shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place in the State of New Jersey before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. All arbitrations shall be conducted and resolved on an individual basis and not a class-wide, multiple plaintiff or similar basis. No arbitration shall be consolidated with any other arbitration proceeding involving any other person or entity.
C. Jurisdiction and Venue
Subject to the above arbitration provisions, you and EssayMaster agree that any and all disputes, claims and actions, at law or in equity, arising out of or relating to or in connection with the Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services, including the Website (collectively, “Disputes”) in the federal or state courts located in the State of New Jersey, County of Bergen, and each of us agrees that such courts shall have exclusive jurisdiction and venue for any such actions, except that EssayMaster retains the right to submit a Dispute to any court of competent jurisdiction. EssayMaster also may seek injunctive or other equitable relief for breach of these Terms in any court of competent jurisdiction wherever located. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party.
D. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST ESSAYMASTER ONLY ON AN INDIVIDUAL BASIS AND HEREBY WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW. FURTHER, UNLESS BOTH YOU AND ESSAYMASTER OTHERWISE AGREE IN WRITING, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
E. Future Amendments to this Section
Both of us agree that if we make any amendment to this Dispute Resolution section (other than an amendment to any notice address or site link provided herein) in the future, that amendment will not apply to any claim that was filed in a legal proceeding against us prior to the effective date of the amendment. However, the amendment will apply to all other disputes or claims governed by this section that have arisen or may arise between you and EssayMaster. We will notify you of amendments to this section by posting the amended Terms on www.essaymaster.com. If you do not agree to the amended terms, you may close your account within 30 days and you will not be bound by the amended dispute resolution terms. If you do not have an account (or once you have closed your account, if applicable), you must cease using the Website immediately. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and EssayMaster in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted the Terms (or accepted any subsequent changes to the Terms).
VIII. Miscellaneous
A. Privacy
Our collection and use of information about Users is governed by our Privacy Policy. By accessing and using the Website and Services, you consent to the collection and use of this information, including the transfer of this information outside the United States and/or other countries, for storage, processing and use by EssayMaster. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, which you may not be able to opt-out from receiving.
B. Entire Agreement
These Terms of Use, our Privacy Policy, the applicable Supplemental Terms and any and all Website Rules, constitute the entire and exclusive understanding and agreement between you and EssayMaster regarding your access to and use of the Services, including the Website, and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and EssayMaster and regarding the subject matter hereof.
C. Assignment
You may not assign, transfer, delegate or sublicense any of your rights or obligations under the Terms, including by operation of law or merger or consolidation, without our express prior written consent, which may be granted or withheld in our sole discretion. Any attempted assignment, transfer, delegation or sublicense without the foregoing consent will be null and void. EssayMaster may assign, transfer, delegate and/or sublicense our rights and obligations under the Terms, in whole or in part, in its sole discretion, without restriction.
Subject to the foregoing, the Terms will bind and inure to the benefit of the parties, their successors and assigns.
D. Survival of Terms
Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of these Terms of Service shall survive such expiration or termination.
E. Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to the Terms, will be in writing and given by EssayMaster (i) via e-mail (in each case to the address that you provide), or (ii) by posting to the Website. For notices made by e-mail, the date on which such notice is transmitted will be deemed the date of receipt.
F. Waiver
Our failure to exercise any right or enforce any obligation under these Terms of Use or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach. The waiver of any right, obligation or breach will be effective only if in writing and signed by a duly authorized representative of EssayMaster. In addition, no waiver granted in any instance shall constitute a waiver in any other instance.
G. Remedies
Except as expressly set forth in the Terms, the exercise by either party of any of its remedies under the Terms will be without prejudice to its other remedies available under contract, at law, in equity or otherwise.
H. Severability
Except as otherwise provided in the Terms, if an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
I. Headings
The headings in the Terms are for reference purposes only and do not limit or otherwise affect the meaning or interpretation of any of the provisions hereof.
J. Contact Us
If you have any questions or concerns, please contact EssayMaster at support@essaymaster.com. You can also write to us at:
EssayCoach LLC
P.O. Box 381 New Hope, PA 18938
K. California Residents
Pursuant to California Civil Code §1789.3, California residents are also entitled to the following specific consumer rights notice:
Complaints regarding the Website or Services or requests to receive further information regarding use of the Website or Services may be sent to the above address or to support@essaymaster.com.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227, see www.dca.ca.gov for additional information.
L. Digital Millennium Copyright Act
We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
P.O. Box 381 New Hope, PA 18938
support@essaymaster.com
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Platform where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) 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; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Sites should be sent via mail to DMCA Notice, to the physical or email address listed above. You may want to consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.