DESCRIBED BELOW ARE YOUR RIGHTS AND RESPONSIBILITIES AND THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND UBERESSAY. YOUR ACCESS TO AND USE OF WWW.UBERESSAY.COM IS EXPRESSLY CONDITIONED ON YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS.
TERMS OF SERVICE:
1. REGISTRATION PRIOR TO PURCHASE
This Agreement shall remain in full force and effect while you use UberEssay Services. There are portions of UberEssay Services and this Site that we make available to Users in the general public without making a purchase and you may visit and browse those portions without charge or obligation; provided, however, we reserve the right to make changes, limit or restrict those portions at any time and from time to time in our discretion, without notice to you.
UberEssay reserves the right, in its sole discretion to restrict, suspend, or terminate your access to all or any part of UberEssay Services at any time, for any or no reason, with or without prior notice, and without liability. Even after your account or transaction is terminated, this Agreement will remain in effect, including all sections.
UberEssay may modify this Agreement from time to time at our sole discretion and such modification shall be effective upon posting notices of changes on this Site and sending you e-mail about these changes. Once we post them on UberEssay Services and notify you, these changes become effective immediately and if you use UberEssay Services after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. We reserve the right to change, modify, withdraw, suspend or even permanently discontinue all or any portions of UberEssay Services at any time, without any liability or obligation to you, upon providing reasonable notice.
- OWNERSHIP AND PROPRIETARY RIGHTSUberEssay Services, including without limitation, all content, media and materials, all UberEssay software, code, design, text, scripts, messages, images, photographs, illustrations, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, slides, works of authorship (including but not limited to any and all essays purchased via UberEssay), interactive features, or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of UberEssay Services, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, in black-and-white or in colors, alone or in conjunction with other work, characters, real or imaginary, in any part of the world (all of the foregoing, individually and/or collectively, is referred to herein as “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed by UberEssay, subject to copyright and other intellectual property rights under Canadian and foreign laws and international conventions. Our Content is legally protected, without limitation, under Canadian, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “UberEssay Services” includes “Content” as well.
Content on the Site is provided to you AS IS for your information and personal use only. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party, whether or not for your benefit, to reproduce, use, copy, modify, adapt, translate, create derivative works from, display, perform, publish, post, distribute, sell, license, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website) or otherwise exploit, any Content, without the express prior written consent of UberEssay.
UberEssay authorizes you to access Content and grants you the right to use UberEssay Services solely for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on UberEssay Services including notices on any Content you download, transmit, display, print or reproduce from UberEssay Services. UberEssay reserves all rights not expressly granted in and to the Site and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of UberEssay Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of UberEssay Services or the Content therein. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.
You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract or download any Content from UberEssay Services, unless you are expressly authorized to do so by UberEssay. You agree not to use or launch any automated system that accesses the Site in a manner that sends more request messages to UberEssay servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, UberEssay grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. UberEssay reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. As an express condition of your use of UberEssay Services, you warrant to UberEssay that you will not use UberEssay Services for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any of the Content. UberEssay makes no representation that any Content is legal or appropriate for use outside of the country of Canada or that it is authorized for export from Canada or for import into any other country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of Canada from which you may access UberEssay Services.
5. TERMINATION OF YOUR REGISTRATION
You may terminate your registration and User ID, at any time and for any reason, by sending an e-mail to firstname.lastname@example.org with your password, and e-mail address and requesting termination of your registration. We will use commercially reasonable efforts to promptly remove your registration from UberEssay Services and the Site. We may terminate your use of and registration on UberEssay Services and this Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. Service fees on the Site are subject to change at any time at the sole and absolute discretion of UberEssay; the official standard rates shall be set forth on the Site.
You hereby acknowledge and agree that if you cancel your order, or if your order is cancelled by UberEssay, Your username and password will be removed from the system and that you will not be entitled to receive any further benefits. You shall not be entitled to any pro-rated or partial refund of any pre-paid, but unused services fees.
You hereby authorize UberEssay to charge your credit card (which you hereby acknowledge was entered by you into the paid Membership sign-up page) to pay for purchase orders from the Site. You agree to be personally liable for all charges incurred by you during or through the use of UberEssay Services. Your liability for such charges shall continue after termination of your registration.
- DISCLAIMER AND LIMITATIONS OF LIABILITY
UBERESSAY SERVICES, FEATURES, FUNCTIONS, CONTENT, PRODUCTS AND CAPABILITIES ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, UBERESSAY MAKES AND PROVIDES NO GUARANTY OR ASSURANCE UBERESSAY SERVICES OR ANY CONTENT WILL OPERATE WITHOUT INTERRUPTION OR THAT ALL SERVICES, PRODUCTS, FEATURES, FUNCTIONS, CONTENT OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED OR AT ANY PARTICULAR TIME OR TIMES. WITHOUT LIMITING THE FOREGOING, UBERESSAY IS NOT RESPONSIBLE OR LIABLE FOR 1) MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OMISSIONS, MISTAKES OR OMISSIONS ARISING OUT OF YOUR USE OF UBERESSAY SERVICES OR ANY SITES LINKED TO UBERESSAY SERVICES 2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN 3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, 4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY; OR 5) THE DEFAMATORY, OFFENSIVE, INFRINGING, BREACHING, FRAUDULENT, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK OF USING UBERESSAY SERVICES AND THE FEATURES AND FUNTIONS OF AND/OR ASSOCIATED WITH UBERESSAY SERVICES.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER UBERESSAY, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, NOR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF UBERESSAY SERVICES OR RELATED TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have UberEssay, upon written notice from you, attempt to repair, correct or replace any services under this Agreement and, if repair is not reasonably commercially practicable, to refund any monies actually paid by you for the services involved and to terminate and discontinue your registration and use of UberEssay Services. You further understand and acknowledge the capacity of UberEssay Services, in the aggregate and for each user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that UberEssay assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or for any failure or delay associated with any transaction and you are hereby expressly advised not to rely upon the timeliness or performance of UberEssay Services for any transactions. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.
UberEssay Services are controlled and offered by UberEssay from its facilities in Ontario, Canada. UberEssay makes no representations that this Site is appropriate or available for use in other locations. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
UberEssay reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with UberEssay in the defense of any such claim, action, settlement or compromise negotiations, as requested by UberEssay.
8. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement and your use of UberEssay Services shall be governed by, construed and enforced in accordance with the substantive laws of Ontario applicable to contracts made, executed and wholly performed in that province.
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