User Agreement
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE AND/OR ACCESS TO OUR WEBSITE AND OTHER SERVICES AND PRODUCTS PROVIDED BY US.
By using our website (www.extramilecopywriters.com) content and/or other services (“Services”) we provide, you agree to the terms and conditions set forth in this User Agreement (“Agreement”). The Website (“Site”) and/or Services offered by Extra Mile Copywriters (“EMC”) currently and in the future – in part, whole, or any combination – as applicable are herein collectively referred to as “Services.” We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. By using our Services after we post any changes to this Agreement or otherwise notify you of such changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use our Services – including the Site.
Scope of Agreement
Unless we indicate otherwise, this Agreement applies to your use of the Site which is owned and operated by Extra Mile Copywriters (“EMC,” “we,” “us,” or “our”), including, without limitation, our website www.extramilecopywriters.com (collectively, “Site”). “You” or “User(s)” or “your” or “client” or similar terms refer to you the User of our Services that we offer now or in the future. The parties agree as follows:
a. User Participation. User may participate in the Services to the extent User desires, but EMC reserves the right to terminate User’s participation if User in any way abuses Site privileges.
b. No Guarantee of Results. EMC makes no guarantees with regard to the specific results that the User will experience or achieve. Any and all Services provided by EMC and extramilecopywriters.com are intended for informational and opportunity purposes only. The opinions expressed therein are time sensitive and therefore subject to change without notice. The owners, publisher and/or authors offer no warranties of any kind with the information therein. The owners, publisher and/or authors assume no liability for errors, omissions, or inadequacies in the information contained therein or from the use and User interpretations thereof. The owners, publisher and/or authors specifically disclaim any liability from the use or application of the information contained therein or from the interpretation thereof.
Your Use of our Website and Services
To use our Services, you represent that you are eighteen years or older and have the right, capacity and authority to enter into and abide by these Terms and Conditions.
By using our Services, you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your access to our Services. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Services, including, but not limited to, (i) restricting the time the Website and/or Services is/are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user’s right to use the Services. You agree that any termination or cancellation of your access to, or use of, the Services may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately bar any further access to such information and/or files, our Website (or any part thereof), and/or our Services. Further, you agree that we will not be liable to you or any third party for any termination or cancellation of your access to, or use of, our Services, in accordance with Section 4 of this Agreement. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing our Services including without limitation any change in content or any change in the amount or type of fees or charges associated with the Services, is to discontinue use of our Services.
Charges and Fees
Our Services are only available to individuals or companies who purchase our Service. As a user of our Services, you agree as follows:
a. You agree to pay, using a valid credit card (or other form of payment which we may accept from time to time), the fixed and periodic charges set forth in our service agreement with you, applicable taxes, and other charges and fees incurred in order to access our Services. We will automatically charge your credit card or other account for the Service or Services purchased by you. Each time you use our Services you reaffirm your agreement that we may charge your credit card (or other form of payment). In the event we cannot charge your account, we reserve the right to terminate your access to our Services.
b. In addition to the fees and charges set forth above, you are responsible for all charges and fees associated with connecting to and using our Services including without limitation all telephone access lines (including long-distance charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our Services.
c. For purposes of your use of our Services including identification and billing, you agree to provide us with true, accurate and complete information as required to process the Services purchased. Said information includes your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide, communicating with you, and billing your credit card or otherwise charging your account. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to refuse any and all current or future use by you of our Services. You agree not to give us false or misleading identity. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
d. Questions related to billing and payment
You may reach out to us at susan@extramilecopywriters.com at any time regarding billing and payment.
You are entirely responsible for any and all payments for Services purchased by you.
e. You agree that all fees and charges assessed by us are nonrefundable. EMC offers pay-per-project Service.
Links
This Agreement applies only to our Website and not to the websites of any other person or entity. We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse (and are not responsible or liable for) any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that, under no circumstances, will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, advertisements, products or other resources available on any other website (regardless of whether we directly or indirectly link to such content, advertisements, products or other resources). You should direct any concerns with respect to any other website to that website’s administrator or webmaster.
Copyright
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our Website (or any part thereof) who infringes the intellectual property rights of us or others.
Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE SERVICES, CONTENT, AND MATERIALS ON OUR WEBSITE AND/OR ANY OTHER PLATFORM ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. THOUGH WE HAVE TAKEN SUFFICIENT AND APPROPRIATE STEPS TO INSURE OTHERWISE, EMC DOES NOT WARRANT THAT OUR WEBSITE OR ANY FUNCTION CONTAINED IN OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVERS THAT MAKE OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE PHONE, AND/OR ANY OTHER ELECTRONIC DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. EMC MAKES NO REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE COACHING) IN OUR WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH OUR WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT EMC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE OUR WEBSITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED SERVICES); (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OUR WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO OUR WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE AND/OR SERVICES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE OR FOR PARTICIPATING IN ANY OF OUR FEE-BASED SERVICES OR FREE SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE AND/OR SERVICES, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF OUR WEBSITE AND/OR SERVICES.
Indemnification
You agree to indemnify and hold harmless our owners from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of our Website or Services, your violation of this Agreement, or your infringement, or the infringement or use by any other user acting on your behalf, of any intellectual property or other right of any person or entity.
Governing Law and Choice of Forum
This Agreement will be governed by and construed in accordance with the laws of the State of Tennessee, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of our Website, Services, or this Agreement will be filed only in the state or federal courts located in Knox County in the State of Tennessee and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
Miscellaneous Terms
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and will not affect the validity and enforceability of any remaining provisions. This Agreement is the entire agreement between you and us relating to the subject matter herein.
This Agreement may be modified only by our posting of changes to this Agreement on our Website or through the use of electronic mail. Each time you access our Website you will be deemed to have accepted any such changes.
We may assign our rights and obligations under this Agreement. This Agreement will inure to the benefit of our successors, assigns and licensees. The failure of either party to insist in any one or more instances upon the strict performance of the terms, covenants, or conditions of this Agreement and to exercise any right under this Agreement, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the obligations of the other party with respect to future performance will be and remain in full force and effect.
Last revised: May 24, 2018
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