Terms of Use - PerfectEssayWriter.ai

Updated January 18, 2023

  1. 1. AGREEMENT TO TERMS

By accessing and using the PerfectEssayWriter.ai website owned and operated by MyPerfectWords.com, you agree to be bound by these Terms of Use which constitute a binding legal agreement between yourself - either in your personal capacity or on behalf of an entity – (“you”) and PerfectEssayWriter.ai ("Company," “we," “us," "the Site" or “our”). PerfectEssayWriter.ai and all terms referring to it include any media form, media channel, mobile website, or mobile application related to it.

By accessing this website, you hereby acknowledge that you have read, understood and agreed to abide by all the Terms of Use. IF YOU DO NOT AGREE TO EACH AND EVERY ONE OF THEM, THEN PLEASE DISCONTINUE USAGE IMMEDIATELY.

Any additional terms and conditions or documents that may appear on this Site from time to time are hereby completely incorporated into the existing terms. We reserve the absolute discretion to make modifications to these Terms of Use whenever we deem appropriate. However, we will keep you updated on any changes to these Terms of Use by updating the “Last Updated” date.

You waive any rights to be notified directly about each change. For your own protection, be sure to review the applicable Terms each time you visit our Site in order to ensure that you understand which of them are currently in effect. By continuing to use the Site after any changes have been posted, you automatically agree and accept such new Terms of Use.

We explicitly forbid the distribution of any information found on our Site to any person or entity in a jurisdiction that would be illegal, violate regulations, or require us to register with them. Keeping that in mind, those who opt to access the Site from any location are solely responsible for abiding by local laws if applicable. Such individuals enter of their own accord and should be aware they may need to comply with specific regulations.

Since this Site has not been customized to meet industry-specific guidelines such as Health Insurance Portability and Accountability Act (HIPAA) or Federal Information Security Management Act (FISMA), if your transactions are subject to these laws, you should refrain from using the Site.

You must ensure compliance with the Gramm-Leach-Bliley Act (GLBA) while using this site. If you are a minor (typically under 18) residing within the area of jurisdiction, you must obtain permission or be actively supervised by your parent or guardian to access this website. Any minors must have their parent or guardian read and agree to these Terms of Use before they are permitted to use the Site.

  1. 2. INTELLECTUAL PROPERTY RIGHTS

Unless stated otherwise, this Site and its entire contents (e.g., source code, databases, functionality, software designs etc.) are owned or controlled by us. All of which is subject to copyright laws and trademark regulations as well as a range of intellectual property rights and unfair competition acts worldwide—specifically in the United States.

The Marks on our website such as audio/video recordings, text documents photographs & graphics are equally safeguarded with these very same legal safeguards against any form of unauthorized use or duplication.

The Content and the Marks presented on this Site are created exclusively for your personal use. Unless otherwise stated in these Terms of Use, any form of copying, reproducing, aggregating, republishing, or distributing content found on the Site is strictly prohibited without prior consent from us. Any commercial use whatsoever is prohibited unless permission has been granted by us beforehand.

If you are eligible to use and access the Site, you are offered a limited license to access and use the Content in any way that suits your individual needs. You can download or print out whatever portion of it for personal, non-commercial use only. All rights that are not expressly granted to you in the Site, Content, and Marks shall be reserved.

  1. 3. USER REPRESENTATIONS

When accessing the Site, you guarantee that:

  • all registration information you provide is truthful, accurate, up-to-date, and complete.
  • you will take sole responsibility for ensuring the accuracy of your information, and you must promptly update it whenever necessary.
  • you possess the legal capacity to agree to and abide by these Terms of Use.
  • you are not a minor in your current place of residence. Or if you are, you have parental permission to use the Site
  • you will not attempt to access the Site through automated means.
  • you will abstain from using this Site for any activity which is considered illegal or unauthorized.
  • you will abide by all applicable laws and regulations.

If you submit any false, outdated, or incomplete information to us, we reserve the right to immediately terminate your account and deny further access to our website or a portion thereof.

  1. 4. USER REGISTRATION

By registering with the Site, you agree to keep your password confidential and accept responsibility for any activity carried out on your account.

We also reserve the right to remove, reclaim or change a username if we deem it inappropriate, obscene, or otherwise unacceptable in our sole discretion.

  1. 5. PROHIBITED ACTIVITIES

You must only use the Site for its intended purpose. Permission from us is required before you can access or utilize it in connection with any commercial endeavors.

By using this Site, you agree to refrain from:

  • Without our express written consent, systematically obtaining data or other content from the Site to compile a collection, compilation, database, or directory.
  • deceiving or misinforming us and other users in any effort to gather confidential account details such as passwords.
  • bypassing, disabling, or interfering with any security features of the Site. This includes any safeguards that limit copying content from the Site and/or prevent unauthorized access to it.
  • Damaging or disparaging our reputation or harming us in any way.
  • Using any information accessed from this Site to harass, abuse, or cause harm to another individual.
  • Misusing our support services or submitting deceptive reports of abuse or misconduct.
  • Breaking any applicable laws and regulations when using the Site.
  • Uploading, sending, or attempting to upload and send viruses, trojan horses, or any other destructive material that could disrupt the normal functioning of this website. Additionally, you will refrain from spamming as it may interfere with its users' ability seamlessly use the Site. Also, avoid modifying any features or functions within the site that could impair its usage for everyone else.
  • Any automated use of the system, such as by employing scripts to transmit comments or messages, or through data mining, robots, and similar data gathering and extraction tools.
  • Removing any copyright or proprietary rights notices from any content.
  • Pretending to be someone else, or using another user's username under any circumstances.
  • Uploading, transmitting (or attempting to upload or transmit) content that would act as an active and/or passive data collection device including, but not limited to; clear GIFs, 1x1 pixels, web bugs, cookies, or any other similar application deemed a “spyware”. These are also referred to as "passive collection mechanisms" ("PCMs").
  • Interfering, impeding, or obstructing the functioning of this Site, any network connected to it, and associated services.
  • Harassing, annoying, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Site to you.
  • Circumventing any account or security measures put in place on the Site, including attempting to access parts of the Website that are not accessible.
  • Duplicating or modifying the Site's software, including but not limited to Flash, PHP, HTML, JavaScript and other code is strictly prohibited.
  • Deciphering, decompiling, disassembling, or reverse engineering any of the software used in the Site without consent from applicable laws.
  • Using, launching, developing, or distributing any automated system (including spiders and robots) that accesses the Site without permission. Additionally, unauthorized scripts or software are not allowed for launching purposes. The only exceptions include standard search engine usage and Internet browser navigation.
  • Leveraging a buying agent or purchasing agent to make purchases on the Site for maximum efficiency and convenience.
  • Taking part in any activity that is not explicitly authorized to be conducted on the Site, such as accumulating usernames and/or email addresses of users without their permission for sending out spam emails or creating user accounts by automated means or falsely posing under a different identity will result in strict consequences.
  • Utilizing the Site with any attempt to compete against us or using it and/or its Content for monetary gain is strictly prohibited.
  1. 6. USER-GENERATED CONTRIBUTIONS

By registering with the Site, you agree to keep your password confidential and accept responsibility for any activity carried out on your account.

We also reserve the right to remove, reclaim or change a username if we deem it inappropriate, obscene, or otherwise unacceptable in our sole discretion.

  • By creating, distributing, transmitting, displaying publicly, or performing your Contributions on our platform and by accessing, downloading, or copying them; you guarantee that they will not infringe any third party's proprietary rights such as copyright, patent trademark trade secret or moral rights.
  • You own the requisite licenses and permissions to use any content you provide us with on our platform. You also authorize us, The Site, as well as other site users to utilize your Contributions in all ways specified by these Terms of Use.
  • Your Contributions are backed with written consent, release, and permission from each identifiable individual person featured in it. This allows us to use the names or likenesses of those people for its inclusion and usage on any manner described by our Site's Terms of Use.
  • Your Contributions are completely truthful, accurate, and not misleading in any way. Also ensure that they do not contain unsolicited or unapproved advertising material, pyramid schemes, chain letters, spam messages, or mass mailings of any kind.
  • Your Contributions are respectable and appropriate. Otherwise, we reserve the right to deem them inappropriate or unacceptable.
  • Your Contributions are free of any derogatory or intimidating language; they should not be used to insult, belittle, mock, or abuse anyone in any way.
  • Your Contributions are not used for the purpose of intimidation or coercion (in a legal manner), and do not advocate any form of brutality towards an individual person or group.
  • Your Contributions comply with all applicable laws, regulations, and rules.
  • Your contributions do not infringe upon the private or public rights of any third-party.
  • Your contributions abide by all laws relating to child pornography and other measures taken for the protection of minors.
  • You will refrain from utilizing any derogatory remarks associated with racial identity, nationality of origin, gender expression, sexual orientation, or physical disability.
  • Your content does not breach any of these Terms of Use or contravene applicable laws and regulations.

Strict adherence to these Terms of Use is imperative; any deviation from the outlined rules may result in severe consequences, such as suspension or termination of your access to the Site.

  1. 7. CONTRIBUTION LICENSE

In accordance with the Privaxcy Policy and your personal preferences, you agree to allow us access, storage, processing, and use of any data or information that you provide.

When you share your ideas and other feedback about our Site, we are free to use and distribute them for any purpose without providing payment or compensation. Not only do these Contributions remain yours, but all associated intellectual property rights as well. Your opinions matter - they're one of the key reasons our Site has been so successful!

You assume full responsibility for the statements and representations you make in your Contributions on our website. To protect us from any legal action that may come as a result of your Contributions, we absolve ourselves from all liability concerning them. We strongly encourage you to only post information that is accurate and true to best serve our visitors.

  1. 8. SUBMISSIONS

When you provide us with questions, comments, ideas, feedback or any other kind of information related to our Site ("Submissions"), then it is understood that these Submissions are non-confidential and become the property of ours.

We will have sole ownership of all intellectual property rights and unrestricted use and distribution of these Submissions for any lawful purpose, without having to compensate or acknowledge you.

By submitting any content, you hereby waive all moral rights and guarantee that the materials are yours or you have the right to submit them. We will not be held liable for any violations of copyright laws in regard to your Submissions.

  1. 9. SITE MANAGEMENT

We reserve the privilege, but not necessarily the obligation, to:

  • Observe the Site for any breaches of these Terms of Use
  • In order to ensure our Terms of Use are adhered to, we will take necessary legal action against any person who violates the law or these rules. This includes reporting them to relevant authorities if needed.
  • We have the right to, in our sole discretion and without limitation, deny access to or restrict availability of any of your Contributions or a portion thereof. Furthermore, we can disable it if technologically feasible.
  • At our discretion and without any prior notice, we reserve the right to remove or disable any large files or content that may be a burden on our systems.
  • Manage the Site in a way that safeguards our rights and property while ensuring optimal functioning.
  1. 10. PRIVACY POLICY

Here at PerfectEssayWriter.ai, protecting your data is our top priority. We ensure that all of your information will remain secure and confidential.

You accept and agree to our Privacy Policy when utilizing the Site, which is incorporated into these Terms of Use. Please note that the site is based in the United States. If you access it from another region with laws or regulations for personal data collection, usage, or disclosure different than those applicable in the US, your continued use authorizes us to transfer your data here and process it according to US law.

  1. 11. TERM AND TERMINATION

As long as you use the Site, these Terms of Use remain in full effect and must be respected.

For any reason, with or without notice and liability, we reserve the right to deny access to this website (including blocking IP addresses) in our sole discretion. This includes a breach of any representation, warranty or covenant contained within these terms of use on applicable law and regulation. We reserve the right to terminate or delete your account and all content you have posted at any given time, without warning, as we see fit.

If we suspend or terminate your account for any reason, you must refrain from re-registering under the same name, a false pseudonym, or anyone else's identity. In addition to enforcing account suspension and termination rights, legal action may be pursued as necessary; this could include civil liability claims, criminal charges, and injunctive relief.

  1. 12. MODIFICATIONS AND INTERRUPTIONS

We may edit, modify or eliminate the contents of our Site at any point and for whatever purpose without prior alert. Nevertheless, we have no responsibility to update the information found on our website.

We maintain the right to alter or cease any portion of this website without informing you at any specific moment. We will not be liable for any changes, price modifications, suspensions, or discontinuances that occur on our Site.

Unfortunately, we are unable to promise that the Site will be available at all times. From time to time, hardware or software problems, maintenance needs, and other issues may arise which can cause interruptions, delays, or errors in service.

We have the authority to make any changes, edits, updates or modifications to this website without notifying you. As a result of such alterations, there may be times when access and use of the site are limited for maintenance or discontinuance purposes; please note that we shall not be held accountable for any losses incurred due to lack of accessibility. Additionally, these Terms and Conditions do not require us to sustain nor bolster the Site with necessary corrections and releases.

  1. 13. GOVERNING LAW

The laws of the (US State) shall govern these Terms of Use and your use of this Site; such agreement is to be performed solely within a said state, without consideration for any conflicting law principles.

  1. 14. DISPUTE RESOLUTION

To protect the interests of all parties, with regard to any disagreement, controversy, or claim related to these Terms of Use (each “Dispute”), both you and us agree to try resolving the Disputes informally for 30 days before beginning arbitration. This applies unless stated otherwise in writing by either Party.

If the two Parties are not able to resolve a Dispute through informal negotiations, then it is mandatory that they submit to binding arbitration. This will be done upon written notice from one Party to another and applies even in instances where some Disputes may have been expressly excluded.

You recognize that without this agreement, you would be able to sue in court and demand a jury trial. In order to initiate and handle the arbitration process, both parties must comply with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") as well as their Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"). These rules can be viewed at www.adr.org in full detail. Subsequently, these guidelines will dictate each party's contribution towards arbitration fees and arbitrator compensation, which is subject to AAA Consumer Rule limitations where appropriate. If the arbitrator decides that these costs are too high, we will cover all arbitration charges and expenses. We provide several ways to complete this phase - it can be done in person or through submitting documents, over the phone or online. The written result of this process must be provided by the arbitrator; for either party's request however, a statement of reasons is available as well.

The arbitrator must adhere to the law, and any ruling may be contested if they fail to do so. Unless otherwise specified by AAA rules or applicable laws of (US State), arbitration will occur in that same state. As well as this, either party has the right to take legal action against each other if necessary – including compelling arbitration proceedings or confirming/modifying/nullifying an award delivered by the arbitrator. If a Dispute is brought to court instead of being settled by arbitration, the Parties consent and waive any defense related to lack of personal jurisdiction or forum non conveniens in regards to venue and jurisdiction for such state and federal courts located in (US State).

For the avoidance of doubt, these Terms of Use do not incorporate nor will they be interpreted in accordance with the United Nations Convention on Contracts for the International Sale of Goods and Uniform Computer Information Transaction Act (UCITA).

The Parties involved in this Dispute hereby agree that any arbitration shall be limited solely to the two Parties. In accordance with applicable law, no other proceeding may be joined to the arbitration process; furthermore class action lawsuits and procedures are prohibited for this case, as is bringing a representative capacity on behalf of another entity or person.

Despite the Parties' agreement on informal negotiations and binding arbitration, certain Disputes are not applicable to this arrangement. Specifically, the following shall be exempt:

  • any Disputes relating to the protection or enforcement of either Party's intellectual property rights, or those concerning the validity thereof;
  • any dispute that is connected to, or derived from, accusations of theft, piracy, privacy infringement, or unauthorized use;
  • If for any reason this provision is deemed illegal or unenforceable, the Parties will not pursue arbitration regarding Disputes that fall under those parameters. Instead, such matters should be decided by a court of competent jurisdiction among the courts listed above; both Parties further agree to submit to personal jurisdiction within said court's boundaries.
  1. 15. CORRECTIONS

Although we strive to ensure accuracy, there may be inadvertent typographical errors, inaccuracies, or omissions regarding descriptions, pricing, and availability. We reserve the right to update information on the Site at any time without prior notice in order to correct such errors.

  1. 16. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. By using this website and our services, you acknowledge that the full responsibility for any risks associated with such use rests solely on your shoulders. We expressly disclaim any and all warranties, express or implied, associated with the site and your use thereof. This includes but is not limited to merchantability, fitness for a particular purpose, and non-infringement - taking full advantage of the laws provided by our governing authority. We are not responsible for the accuracy or completeness of any information on this website, nor do we take responsibility for any external websites linked to ours. We provide no guarantees regarding these contents and will bear no liability as a result of

  • Inaccuracies or errors in the content or material.
  • Any form of personal injury or property damage caused by your access to and/or utilization of this website.
  • Any attempts at unauthorized access to our secure servers, or the utilization of any personal and/or financial information stored thereon.
  • Any interruption to or termination of communication between the website's server and user.
  • The Site is not accountable for any malicious material, such as viruses, trojans horses or other similarly damaging programs which could possibly be carried and spread by a third-party.
  • We are not responsible for any inaccuracies in the content, or any losses resulting from its use on our website. We cannot guarantee, accept responsibility for, or endorse any product or service promoted by a third-party through our site, hyperlinked website, OR featured in an advertisement. We are not associated with and do not monitor the transactions between you and other providers of products/services. When buying a product or service, it's essential to be prudent and utilize sound judgment for the greatest assurance of satisfaction.
  1. 17. LIMITATIONS OF LIABILITY

We, along with our directors, employees, and agents will not be held responsible for any direct or indirect damages caused by using the Site. This includes lost profit, revenue loss from data or other possible damage scenarios that you may experience. Even though we are aware of these possibilities arising from the usage of the Site, no formative action is to be taken against us in this regard by you or any third party. In any case, we will not be held responsible for more than the amount you paid us in the six months preceding your cause of action. Our liability is limited to that extent regardless of form or circumstance. Depending on the applicable laws of your state or country, you may be entitled to additional rights beyond those mentioned in this disclaimer. Certain laws do not permit limitations on implied warranties and restrictions or exclusions of certain types of damages; if these apply to you then some or all the disclaimers listed here may not apply.

  1. 18. INDEMNIFICATION

By agreeing to these Terms of Use, you recognize that we and our subsidiaries, affiliates, officers, agents, partners, and employees are not responsible for any claim or demand made by a third-party related to:

  • the utilization of this Site;
  • any breach in these Terms of Use;
  • your failure to meet representations and warranties set forth herein;
  • violation of rights owned by another individual or entity such as their intellectual property. You also agree to indemnify us against all losses incurred from such claims including reasonable attorneys’ fees.
  • Any malicious acts or behaviors against another user of the website, and you are held accountable for any harm caused. If we have to assume exclusive control to defend a claim in which you were liable, we reserve that right at your expense. We will strive our best to notify you if there is any potential issue with indemnification as soon as it arises.
  1. 19. USER DATA

For the purpose of managing and optimizing the Site's performance, we will keep records of your data sent to us as well as any activity that occurs on our platform. To ensure the safety of your data, we regularly perform routine backups. The responsibility solely falls on you to keep all information sent or related to any activity completed through our Site safe and secure. We will have no liability should anything happen with this data, so you waive your right to take action against us in case of loss or corruption due to not taking the necessary precautions yourself.

  1. 20. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By visiting our Site, sending us emails, and filling out online forms you are consenting to electronic communication. We guarantee that all documents, notices of disclosure, agreements, or other communications electronically sent directly to your email account or provided on the Site satisfy any legal requirement for such communication in writing. By agreeing to the terms of this site, you hereby consent to utilize electronic signatures, documents, orders, and other records; as well as receive notices from us electronically. This includes but is not limited to policies regarding transactions initiated or completed with our website. By accepting this agreement, you forfeit any legal rights or requirements according to any laws of the jurisdiction which require handwritten signatures and/or physical records for payments or credits. Instead, all transactions must be performed electronically.

  1. 21. (US STATE) USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the (US State) Department of Consumer Affairs in writing at (Address) or by telephone at (Number)

  1. 22. MISCELLANEOUS

By using this Site, you are agreeing to all of the Terms of Use as well as any policies or operating rules provided by us. This agreement is a comprehensive understanding and covers every aspect between you and us. If we do not take action to enforce any part of these Terms of Use, it does not mean that our rights are waived. Furthermore, all rules within this document must be followed in accordance with applicable laws and regulations. At any moment, we may appoint others with all or any of our responsibility and commitments. In the event that any distress, destruction, delay, or failure to act is brought about due to external factors beyond our control, we shall not be held accountable. Furthermore, if any portion of these Terms of Use is deemed unlawful and unenforceable for whatever reason it may be declared severable from the rest; this will have no effect on the validity and enforceability of all other provisions therein. These Terms of Use do not create any joint venture, partnership, employment, or an agency relationship between you and us. Additionally, it is mutually agreed that these terms will not be interpreted against either party due to the electronic format in which they are drafted or because a physical signature was omitted from this agreement. All defenses related to the aforementioned reasons are waived by both parties.