Terms of Service

CUSTOM ESSAY AGREEMENT - TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY! DESCRIBED BELOW ARE YOUR RIGHTS AND RESPONSIBILITIES AND THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND CUSTOM ESSAY WWW.CUSTOMESSAY.COM.YOUR ACCESS TO AND USE OF WWW.CUSTOMESSAY.COM IS EXPRESSLY CONDITIONED ON YOUR COMPLIANCE WITH THESE TERMS AND CONDITIONS.

These are official terms and conditions ("Terms of Use") and form a legally binding agreement between you and Custom Essay ("Custom Essay", "we", "us", or "our") regarding your use of Custom Essay’s internet website located at http://www.customessay.com, (the “Site”), as well as the associated web pages services, features and functions made available by Custom Essay and this Site (individually and collectively, the "Custom Essay Services"). The term "Custom Essay Services" also includes any and all branded, equivalent, mirror, replacement, substitute or backup websites and web pages and those containing authorized content owned by Custom Essay. This Agreement includes Custom Essay’s policy for acceptable use of Custom Essay Services your rights, obligations and restrictions regarding your use of Custom Essay Services and Custom Essay’s Privacy Policy. In order to participate in Custom Essay Services, you may be required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to Custom Essay Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

TERMS OF SERVICE:

Custom Essay Services are offered and made available only to users 13 years of age or older - Custom Essay Services are not intended for children under 13. Your account may be terminated without warning, if we believe, in our sole discretion, that you are less than 13 years of age.  If you are between the ages of 13 and 18, you are confirming to us that you have received your parent’s/guardian’s express consent to do so and that your parent/guardian (i) has read and, on your behalf, agrees to be bound by these Terms of Use, (ii) is not a minor and is entering into this Agreement on behalf of you, the minor and (iii) understands, agrees and shall be fully responsible for you, their minor’s, use of Custom Essay Services.  If your parent or legal guardian does not agree to (or cannot comply with) these or any of the other terms and conditions in these Terms of Use or he or she does not wish you to register for Custom Essay Services, do not use or attempt to use Custom Essay Services.  If, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please do not use Custom Essay Services. Use of Custom Essay Services is void where prohibited.

By using Custom Essay Services, you understand, acknowledge and agree to be bound by the Agreement and that you will abide by the terms and conditions of our Agreement with you, whether you are a "Guest", meaning that you simply browse the Site or you are a "Customer" meaning that you have registered with Custom Essay for the purposes of making a purchase on the Site. The term "User" refers to a Guest or a Customer.  When we use the term "Agreement" we are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of any features, functions and services we make available to you through our Custom Essay Services and any additional terms and conditions referred to in any of the foregoing documents. These Terms of Use and our use of the term "Agreement" also includes our Privacy Policy. All of these are hereby incorporated into our Agreement with you by this reference and this Agreement will remain in full force and effect as long as you are a user of Custom Essay Services, even if your use of or participation in any particular service, feature, function or activity terminates, expires, ceases, is suspended or deactivated for any reason.

The words "use" or "using" in this Agreement, means any time a User, directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from Custom Essay Services, transmit, receive or exchange data or communicate with Custom Essay Services, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of Custom Essay Services, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or any websites or links that may direct your browser or your connection to third party web sites or web pages. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Custom Essay without restriction or notice to you.

1. REGISTRATION PRIOR TO PURCHASE

This Agreement shall remain in full force and effect while you use Custom Essay Services. There are portions of Custom Essay 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.

Custom Essay reserves the right, in its sole discretion to restrict, suspend, or terminate your access to all or any part of Custom Essay 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.

You acknowledge that Custom Essay charges for certain Custom Essay Services. In order to access and use certain services, features or functions of Custom Essay Services, we require users to register and create an account. As part of the registration process, you will need to select and provide us with a unique email address and you will be assigned a unique User ID and a password. We may request that you provide other information that we may require. Please read our Privacy Policy, which describes the non-public, personally identifiable information ("Personal Information") we collect, use, disclose, manage and store. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs with your User ID and you must keep your account password secure. You are entirely responsible for maintaining the confidentiality of your password. Your User ID is personal to you and you may not allow any others to use your User ID under any circumstances. You may never use another's User ID without permission.  We are not liable for any harm caused or related to the theft or misappropriation or disclosure of all or any portion of your User ID, disclosure or your authorization of anyone else to use your User ID. You agree to immediately notify Custom Essay if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your User ID or any other need to deactivate your User ID due to security concerns.  Although Custom Essay will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Custom Essay or others due to such unauthorized use.

2. MODIFICATIONS

Custom Essay 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 Custom Essay Services and notify you, these changes become effective immediately and if you use Custom Essay 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 Custom Essay Services at any time, without any liability or obligation to you, upon providing reasonable notice.

3. PRIVACY

We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of Custom Essay Services. If you have any questions regarding Custom Essay’s privacy practices, you may send your question to us by e-mail to contact@customessay.com.

4. OWNERSHIP AND PROPRIETARY RIGHTS

Custom Essay Services, including without limitation, all content, media and materials, all Custom Essay 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 Custom Essay), interactive features, or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of Custom Essay 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 Custom Essay, 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 "Custom Essay 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 Custom Essay.  

 

Custom Essay authorizes you to access Content and grants you the right to use Custom Essay 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 Custom Essay Services including notices on any Content you download, transmit, display, print or reproduce from Custom Essay Services. Custom Essay 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 Custom Essay Services or features that prevent or restrict use or copying of any Content or enforce limitations on use of Custom Essay 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 Custom Essay Services, unless you are expressly authorized to do so by Custom Essay. You agree not to use or launch any automated system that accesses the Site in a manner that sends more request messages to Custom Essay 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, Custom Essay 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. Custom Essay 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 Custom Essay Services, you warrant to Custom Essay that you will not use Custom Essay 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. Custom Essay 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 Custom Essay 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 contact@customessay.com 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 Custom Essay Services and the Site.  We may terminate your use of and registration on Custom Essay 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 Custom Essay; 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 Custom Essay, 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 Custom Essay 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 Custom Essay Services. Your liability for such charges shall continue after termination of your registration.

6. DISCLAIMER AND LIMITATIONS OF LIABILITY

 

CUSTOM ESSAY 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, CUSTOM ESSAY MAKES AND PROVIDES NO GUARANTY OR ASSURANCE CUSTOM ESSAY 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, CUSTOM ESSAY IS NOT RESPONSIBLE OR LIABLE FOR 1) MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OMISSIONS, MISTAKES OR OMISSIONS ARISING OUT OF YOUR USE OF CUSTOM ESSAY SERVICES OR ANY SITES LINKED TO CUSTOM ESSAY 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 CUSTOM ESSAY SERVICES AND THE FEATURES AND FUNTIONS OF AND/OR ASSOCIATED WITH CUSTOM ESSAY SERVICES.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER CUSTOM ESSAY, 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 CUSTOM ESSAY 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 Custom Essay, 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 Custom Essay Services. You further understand and acknowledge the capacity of Custom Essay 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 Custom Essay 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 Custom Essay 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.

Custom Essay Services are controlled and offered by Custom Essay from its facilities in Ontario, Canada. Custom Essay 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.

7. INDEMNIFICATION

You agree to indemnify, defend and hold Custom Essay, its affiliates, subsidiaries and its and their respective officers, directors, partners, employees, agents, licensors, representatives, Advertisers, service providers and suppliers harmless from and against: (i) any and all claims, actions, losses, expenses, damages, demand, obligation, liabilities, debt and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or resulting from your use of Custom Essay Services and/or Postings and/or any Content you provide, submit or make available on or through Custom Essay Services or your unauthorized use of any Content (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that one of your Postings caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of Custom Essay Services.

Custom Essay 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 Custom Essay in the defense of any such claim, action, settlement or compromise negotiations, as requested by Custom Essay.

8. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS

This Agreement, including, without limitation, our Privacy Policy, and any additional terms and conditions that apply to your use of any specific services, features and functions or the purchase of any products, as well as any other documents, policies and provisions we refer to in any of the foregoing, all of which are hereby incorporated by this reference, contains the entire understanding and agreement between you and Custom Essay and supersedes any and all prior, inconsistent or other understandings relating to Custom Essay Services and your use of Custom Essay Services. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of Custom Essay Services, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

This Agreement and your use of Custom Essay 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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