Terms and Conditions
LAST UPDATED: 22/09/2016
CLIENT SERVICE PURCHASE AGREEMENT
By purchasing the Memorable Essay copyediting, editing or writing coaching service (“Service”) you (“Client”) agree to all of the terms contained in this Agreement.
Memorable Essay (“Company”) agrees to provide the Service, Memorable Essay copyediting, editing or writing coaching, made available through the website www.memorableessay.com. Client agrees to abide by all policies and procedures as outlined in this Agreement, as a condition of using Service.
Client understands that Company provides copyediting, editing or writing coaching services, and is not an admissions officer, English literacy teacher, therapist, personal assistant, or other personal professional for Client. Client also understands that their use of this Service will not guarantee any specific or particular admissions result and that what they achieve in this Service is also dependent on their full and timely use of its offerings.
Client understands that Company has not promised, shall not be obligated to and will not deliver any guaranteed outcomes as a result of Client following the recommendations provided in Service. Client must complete their essay in designated Service timeframe and should make their own decisions about the schools to which they will apply. The information provided in this Service is not intended as individual college or graduate school counseling and should not be used as a substitute for individual admissions consulting. All information provided is about writing memorable essays and based on the research, knowledge and experiences of Company and should be followed at Client’s discretion.
Client understands that Company shall not be liable to Client damages or injuries incurred by Client that client perceives to be as the result of use of the Service.
FEES AND RENEWALS
The fee for the Service is as displayed and calculated on memorableessay.com. Fifty percent of payment is due upon signing up, and the other 50% must be paid before Company delivers final product to Client. By submitting credit card information online, Client authorizes Company to charge their credit card for the full payment, or if Client opted to use an installment payment option, the first installment will be charged on the date of purchase, and the final payment on date when Company requests it be paid.
For payments made in installments, if Client’s credit card is declined on final payment due date, Client will be contacted and asked to make the payment immediately. Failure to do so within 14 business days will result in Client being denied any further involvement with Service, and no refund will be issued.
Client agrees to pay all court costs and fees incurred by Company in pursuit of Client’s fee for the Service.
Client further understands that a relationship does not exist between the parties after the conclusion of this Service. If Client and Company decide to continue their relationship, a separate agreement will be entered into.
For copyediting, editing and writing coaching Service, no refund will be issued once Company has begun work with Client. No exceptions.
NON-DISCLOSURE OF SERVICE MATERIALS
Material given to Client in the course of Client’s use of the Service is proprietary, copyrighted and developed solely and specifically for Company. All worksheets, coaching materials and any other Service material in Client possession that have been or will be made are for personal use in or in conjunction with this Service only.
Company respects Client’s privacy and insists that Client respect Company’s privacy. Any Confidential Information shared by any representative of Company is confidential, proprietary, and belongs solely and exclusively to the Company. Client agrees not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, or otherwise.
Client agrees not to use such confidential information in any manner other than in discussion with other Participants during the Service. Confidential information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party.
Further, Client fully understands that any violation or a display of any likelihood of violating this section, shall entitle Company and/or the Participants to injunctive relief to prohibit any such violations to protect against the harm of such violations.
NO TRANSFER OF INTELLECTUAL PROPERTY
The Service is protected by copyright and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for any purpose other than Client’s own personal use. All intellectual property, including Company’s copyrighted Service and/or course materials, shall remain the sole property of Company. No license to sell or distribute Company’s materials is granted or implied. By signing below, Client agrees (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by Company is confidential and proprietary, and belongs solely and exclusively to Company, (3) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with Company.
The Service is developed strictly for educational purposes only. Client accepts and agrees that Client is 100% responsible for their progress and results from the Service. Company makes no representations, warranties or guarantees verbally or in writing. Client understands that because of the nature of the Service, the results experienced by each Client may significantly vary. Company assumes no responsibility for errors or omissions that may appear in any Service materials.
If any provision of this Agreement is held by to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.
LIMITATION OF LIABILITY. Client agrees that their use of Company’s Service is at their own risk and that the Service is provides education and information. Client releases Company, its members, officers, agents, heirs, executors, administrators, successors, assigns, instructors, guides, related entities (“Releases”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from using its Service. Client accepts any and all risks, foreseeable or unforeseeable.
Client agrees that Company will not be held liable for any damages of any kind resulting or arising from, including but not limited to : direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s Service.
NON-DISPARAGEMENT. Client agrees not to engage in any conduct or communications with a third party, public or private, designed to disparage Company or the Service. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its Service members, owners, officers, affiliates, subsidiaries, agents or representatives.
TERMINATION. Company is committed to providing all clients who use its Service with a positive experience. By signing below, Client agrees that Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s use of the Service without refund if Client becomes disruptive to, Client fails to follow the Service guidelines, is difficult to work with, or upon violation of the terms as determined by Company.
INDEMNIFICATION. Client shall defend, indemnify, and hold harmless Company and its members, officers, contractors, related entities, affiliates, and successors from and against any and all liabilities and expenses whatsoever, excluding, however, any such expenses and liabilities which may result from sole negligence or willful misconduct of Company. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of Company’s members, affiliates and successors shall not be held personally responsible or liable for any actions or representations of Company.
RESOLUTION OF DISPUTES. Any dispute arising out of this Agreement must be brought and decided in the courts within the country of Jamaica. This Agreement shall be governed by and construed in accordance with the laws of Jamaica.
CONTACT. Any questions or concerns related to this Agreement should be sent to firstname.lastname@example.org.