1. Use of the System. You agree to use the Site, pursuant to the instructions on the respective page, for the communication, transmission, or submission of any and all documents or other files related to the Service, including without limitation, your contact, billing, and job submission information. You are responsible for checking the email address which you provide to us (including “spam” folders).
2. Customer’s Responsibilities. You are responsible for the following for each order submission and/or use of any of the Services:
- All information that you provide Company will be truthful and accurate.
- The Site may present you with opportunities to open an account with the Site. If you open an account with the Site, you will receive an account logon and an initial password. It is your sole responsibility to (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify Company if there is any unauthorized use of your account or any breach of security.
- You are solely responsibility for all documents, materials, or information that is sent, communicated, transmitted, or submitted by you, or on your behalf, to the Company. This material includes, but is not limited to, letters, emails, documents, presentations, or any electronic files of any kind. Company shall have no liability with respect to these items.
- During the order submission process, you will choose the appropriate service level and respective delivery option. We will use our best commercially reasonable efforts to complete your project within the selected time period (and we will notify you if we anticipate any delays). Of course, any anticipated delivery date may be impacted by events beyond our control or by your delays.
- Prepayment of service fees. If after submission, the fees paid does not comport to the project submitted, we will contact you with the appropriate price for the project. You will have the option to cancel the order and receive a refund, or to pay any additional amounts required before work commences. In the case where you order Company’s hourly services or if additional editing is needed before continuing work, we will provide you with a quote and require advance payment before commencing work.
- You represent and warrant that the documents you submit are free of any bug, corruption, virus, or defect that would in any way interfere with the Company’s providing its Services to you (please note that if your document requires converting to be compatible with the most current version of Microsoft Word, that there may be unexpected changes to fonts, formatting, pagination, outlining, numbered lists or footnotes, for which Company is not responsible and you hold Company harmless) (collectively, “Bugs”). You agree to hold the Company harmless for any consequence from any Bug that is native to a document and/or pre-existed or pre-dated the submission of the document to the Company for editing. You also agree to hold the Company harmless for any inability to edit or proofread the Customer’s document, or for any unedited portion of the Customer’s document, resulting from any Bug that is native to the document and/or pre-existed or pre-dated the submission of the document to the Company.
- As part of your selected Services, Company will endeavor to verify the citation sources (whereby we will use our reasonable efforts to endeavor to find any missing or inaccurate information in your citations). You will not have any right of refund if we are unable to verify your citation sources.
In connection with your use of the Service, you agree NOT to: (i) misrepresent yourself, your affiliation with any third party, or your entity; (ii) infringe any intellectual property, personal or privacy right, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; (iii) violate any local, state, and federal rules, regulations and statutes; (iv) upload, post, transmit, or store any material that is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; or breaches any of your contractual or confidentiality obligations; (v) take any action that imposes an unreasonable or disproportionately large load on Company’s infrastructure or otherwise is not permitted by Company; (vi) use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Company material without our prior written consent; (vii) breach or attempt to breach any security measures of the Site or access or attempt to access any account or login of any third party listed on the Site; or (viii) copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Company material, except for materials that have been submitted and owned by you.
3. Plagiarism. In the event Company has reason to believe that any portion of Customer’s document has been plagiarized, Company reserves the right to discontinue providing Services to Customer and in such event, Customer shall pay us for all work performed up to the effective date of termination (based upon our hourly rates then in effect). In no event will Company attempt to write, re-write, or otherwise edit and/or revise a document to remove or mitigate the apparent signs and/or indicators that the Customer’s document has been plagiarized.
4. Scope of Our Services. We provide editing, proofreading, critique, and other document editing services. We do not create content nor promise any particular subject matter expertise. Our proposed edits to your document are to be used solely as a recommendation. In providing editing services, we may make changes in word choice that may or may not have another meaning within the subject matter of your document. It is your responsibility to review those changes and to determine whether it is in your best interest to accept or reject the proposed edits to the document. We are not responsible for, nor do we promise, any grade or mark on your document, acceptance of you to a school or program, acceptance of the document for publication, any business outcome, or any other outcome as a result of our Services.
5. License. Company grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself or within your organization. All materials displayed or made available on the Site, including, but not limited to, the Company system, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the “Materials”) are exclusive property of Company or its content suppliers. The Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (ii) use the Material on other web sites or any media, e.g., networking environment, without Company’s prior written consent. All trademarks, service marks, and logos (the “Marks”) displayed on the Site are exclusive property of Company and their respective owners. You shall not use the Marks in any manner without Company’s and their respective owners’ prior written consent. You may not remove any copyright, trademark, or other intellectual property or proprietary notice or legend contained in the Site, including any Site content.
6. Limited Satisfaction Guarantee. We are committed to providing affordable, high-quality editing and proofreading services. If for any reason you are not satisfied our Services, you must notify Company within 10 calendar days following the date Company delivers you with the completed edited document (time is of the essence with respect to this 10-day period), by email, detailing the items that need to be corrected (e.g., detailing specific errors with grammar, spelling, mechanics, or English language usage; if Customer claims errors with “APA style,” Customer must reference specific sections of the Publication Manual of the American Psychological Association (APA, 2010)). With respect to those errors made by Company with that first delivery, we shall correct such errors at no cost to you.
7. Disclaimer of Warranties; Limitation of Liability; Indemnity. The Service and any material accessible through the Service are provided “as-is” and, to the maximum extent permitted by applicable law, Company disclaims all guarantees and warranties, whether express, implied or statutory, regarding the Service and related materials, including any warranty of fitness for a particular purpose, title, merchantability, and non-infringement. The Company does not warrant that the Service, third party services, or online services are secure or free from bugs, viruses, interruption, or errors, or that the Service will meet the Customer’s requirements. Further, the Company does not warrant access to the Internet or to any other service or content or data through the Service. Customer may have other rights that vary from state to state.
You agree to assume all risks associated with, arising out of, or resulting from your use of the Site or any submitted materials, including, but not limited to, the risks of financial loss, physical harm, property damages, dealing with other users of the Site, strangers, minors, or foreign nationals, and persons acting under false pretense. You further agree to release Company, its parents, subsidiaries, affiliates, and their shareholders, members, officers, agents, and employees, harmless from all claims, demands, damages (direct, indirect, and consequential) of any kind or nature, known or unknown, associated with, arising out of, or resulting from your usage of the Site, your submitted materials, any transactions related to or resulting from your use of the Site. If you are a California resident, you waive California Civil Code §1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You further understand and agree that in no event Company, its parents, subsidiaries, affiliates, and their shareholders, members, officers, agents, employees, and suppliers shall be liable for any direct, indirect, consequential, incidental, special damages, or damages for loss of profits, goodwill, revenue, data, or use, incurred by you or any third party, whether in an action in contract, tort, or breach or failure of warranty, even if Company has been advised of the possibility of such damages. In the event some jurisdictions prohibit the exclusion of certain warranties, the limitation of liability, or the disclaimer of certain damages, Company’s aggregate liability for any damages shall not exceed the net amount paid by you to Company in the 12-month period immediately preceding any such claim. The Company provides the Service “as-is” and does not guarantee that edited documents are “perfect” or “without error.” You are responsible for compliance with local, state, and federal laws or regulations if and to the extent that local, state, and federal laws or regulations apply. You agree to indemnify, defend, and hold Company, its parents, subsidiaries, affiliates, and their shareholders, members, officers, directors, agents, employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your use of the Site, your submitted materials, your use of the Company system, or your violation of any covenants, terms and/or conditions of this Agreement (including, without limitation, your non-fulfillment of any of your obligations set forth in this Agreement and/or any tax or regulatory related matter).
8. Payments and Refunds. Payments for all services are required to be made in advance. We strive to commence work as soon as practicable after receiving your payment. So if you need to cancel your order, you must do so within two (2) hours following the placing your order, and in such event, we can refund 95% of the price paid (NOTE: All canceled orders are subject to a five percent (5%) cancellation fee, regardless of whether you are issued a refund and/or credit). Any order cancelled within twenty-four (24) hours of placing same will receive a refund of 45% of the price paid and the remaining 50% will be credited toward your next order. All credits for future service must be used within 6 months’ following issuance; after such date, the credit expires. No refunds or credits will be issued for any cancellation made after twenty-four (24) hours of placing of an order. Services ordered with rush delivery are not eligible for refund or credit.
9. Force Majeure. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquakes, labor disputes, industry wide shortages of supplies, actions of governmental entities, riots, war, terrorism, fire, epidemics, or delays of common carriers, interruption or failure of electricity, Internet access, or telephone service or other circumstances beyond its reasonable control. The obligations and rights of the defaulting party shall be extended for a period equal to the period during which such event prevented such party’s performance.
10. Confidentiality. You acknowledge that in connection with your performance under this Agreement, you may have access to certain information of Company that is of a confidential and proprietary nature. Such “Confidential Information” includes any and all information, ideas, operations, programs, technical data and know-how, including but not limited to those relating to business plans, marketing plans, projections, all log-on ID’s, user ID’s, passwords, or other identifying code words or methods of access provided to you to enable you to gain access to any Company system, computer network, or other computer system or network on equipment maintained or utilized by Company. Confidential Information shall not be deemed to include information (a) that is or becomes publicly known other than through the wrongful act or omission of you, or (b) that you can prove was lawfully known to it at the time of disclosure, or (c) that you independently develop without reference to or reliance upon any information provided by Company. You agree to hold the Confidential Information in confidence and to use it only for the benefit of Company and not for your own benefit or that of any other person. You agree to take all reasonable steps to ensure that you comply with this provision. The provisions of this Section shall survive the termination or expiration of this Agreement and continue for so long as any of the information disclosed remains Confidential Information, and in any case for a period of five (5) years after expiration of this Agreement.
11. Irreparable Harm to the Company. If your access or use (or access or use on your behalf) of the Site or Services is in violation of this Agreement, you acknowledge and agree that the Company would suffer irreparable harm as a result of such access or use of the property of the Company, and that monetary damages would be an insufficient and ineffective remedy and you agree that Company is entitled to obtain immediate injunctive relief against any such activity in addition to all other remedies available at law or in equity.
- In order to comply with applicable laws, the service of legal process, or if we reasonably believe that such action is necessary to (a) comply with the law requiring such disclosure; (b) protect the rights or property of our company or our affiliated companies; (c) prevent a crime or protect national security or (d) protect the personal safety of the users or the public. In such cases, we may raise or waive any legal objection or right available to us.
- When we believe disclosure is appropriate in connection with efforts to investigate, prevent, or take other action regarding illegal activity, suspected fraud, or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees, or others; to comply with applicable law or cooperate with law enforcement; or to enforce our website terms and conditions or other agreements or policies.
- In connection with a corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
Confidentiality of Private Financial Information
We use Stripe (www.stripe.com) for the processing of credit/debit card payments made via our website. Payments can also be processed via PayPal (www.paypal.com). This includes all credit/debit card payments made online or over the phone. The only one who will ever see, or ask for, any of your private financial information would be the operator you authorize to process your payment for you. This operator will ask only for the information necessary for processing your payment and, unless you direct the operator to do otherwise, will not retain any of this information after the payment is processed.
All questions and concerns regarding your privacy may be directed via email to TTEprivacy@gmail.com.
13. Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement. If you prefer to submit a report in writing, please provide us with this information:
- A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- 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;
- 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 authorized to act on the copyright owner’s behalf.
Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed.
14. Termination. Company has the right, in its sole discretion, to terminate any services of the Site and remove any Materials from the Site. Company may also terminate your access to any part or all of the services provided by Company on the Site and/or your Services at any time, with or without cause or notice, for any reasons. If you want to terminate your account, you may only cease your use of the Site. Company shall not be responsible for maintaining or returning your submitted materials, your account, or your login and password. You should always maintain a copy of your submitted materials.
15. Notices. All notices required or permitted under this Notice shall be in writing and shall be and deemed duly served on and given (a) when delivered personally; (b) three days after having been sent by U.S. Priority Mail or U.S. Express Mail, postage prepaid; (c) upon delivery by fax with written facsimile confirmation; (d) two days after deposit with a commercial overnight carrier, with written verification of receipt, or (e) by email, if to you at your email address associated with your registration information and if to Company at TopTierEditing.firstname.lastname@example.org, with written verification of receipt. Such notices will be in writing and delivered, if to you at your contact information associated with your registration information and if to Company to Legal Department, Top Tier Editing LLC, P.O. Box 20097, New York, NY 10023 or to such other notice address as the other party has provided by written notice.
16. General. You agree that there is no employment, partnership, agency, or joint venture relationship between you and Company arising out of or resulting from your use of the Site. This Agreement constitutes the entire agreement between you and Company governing your use of the Site. The Site (excluding linked sites) is operated by us from our offices within the State of New York, United States of America. It can be accessed from all 50 states and from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing the Site, you agree that this Agreement and your use of the Site and the Services offered therein and thereby, shall be governed in all respects by the internal substantive laws of the State of New York, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. You further submit to jurisdiction and venue in the state and federal courts located in the State of New York, New York County and further agree that any cause of action you may bring arising under your use of the Site shall be brought by you exclusively in a state or federal court located in the State of New York, New York County. We make no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Company does not warrant that this Site will be lawful outside the United States. If you view, access, submit, or download materials to and from the Site outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations. The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such term. Any provision of this Agreement that by its nature is intended to survive shall so survive any termination of this Agreement for any reason. In the event any provision hereof, or the application thereof in any circumstances, is held to be invalid, illegal, or unenforceable by a final or unappealable order, decree, or judgment of any court, the provision in question shall be replaced by such court with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision within the jurisdiction of such court and the Agreement shall otherwise remain in full force and effect in such jurisdiction and in its entirety in other jurisdictions.