Terms and Conditions
Effective date: December 6, 2022
Welcome to paidcopywriter.com!
These Terms and Conditions (the “Agreement”) govern the use of the services offered by paidcopywriter.com. (“Paidcopywriter.com,” “we,” “us,” or “our”) at and through the paidcopywriter.com website (“Site”), the paidcopywriter.com online course (“Course”), and all associated content and materials (“Materials”) (collectively, the Site, Course, and Materials are the “Platform” or the “Services”). This Agreement applies to all visitors, users, contributors, participants, and others who access the Platform (“you,” or “Participant”).
Please read the terms of this agreement carefully before using the Platform.
THIS AGREEMENT CONTAINS A MANDATORY AND BINDING INDIVIDUAL ARBITRATION CLAUSE, CLASS ACTION WAIVER, WAIVER OF RIGHT TO A JURY TRIAL, AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.
Your access to and use of the Platform is conditional on your acceptance of this Agreement. By accessing and using the Platform, you agree on your own behalf, and on behalf of any organization, entity, or other person on whose behalf you may act, to accept and abide by this Agreement for each use of the Services and each visit to the Platform. If you do not agree with all terms and conditions of this Agreement, please do not access or use the Platform.
We reserve the right to modify this Agreement at any time by posting an updated Agreement on the Platform. We may also, at our sole discretion, provide subscribed Participants with an email notice of changes. You are responsible for regularly reviewing the Agreement and your continued use of the Platform shall constitute your acceptance of the updated Agreement. If any modification is unacceptable to you, you shall cease using the Services. If you have any questions about this Agreement, you may contact us at [email protected].
Paidcopywriter.com is a Platform that provides informative content through blog posts, free guides and workshops, and paid online courses intended to teach, guide, and support Participants seeking to establish a freelance writing business. The Services provided by Paidcopywriter.com help you choose a profitable niche that fits you and your business, and create an effective portfolio, website, and Linkedin profile so you can better present your services to your current and future clients.
Paidcopywriter.com does not make any warranty, guarantee, or representation that the Site or any Course, Materials, or information provided on or through the Platform is complete, accurate, or without error. Participants accessing the content made available through the Platform, do so entirely at their own risk. Paidcopywriter.com does not guarantee that the Platform or the services used to provide the Platform will be available at all times or that it will be error or interruption-free.
Updates To The Services
Paidcopywriter.com reserves the right to, without prior notice, amend, modify, and stop providing the Services, to you or to Participants generally; or create usage limits for the Services, at any time in our sole discretion. The Services are provided “as is,” and you acknowledge and agree that you will not rely on any existing features of the Services being available in the future, nor any proposed updates or additional services becoming available.
You may only use the Platform and the Services if you are in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 18 years old or older to use or access the Services. Any use or access to the Services by anyone under 18 is strictly prohibited and in violation of this Agreement. The Platform may not be available to Participants previously removed from the Platform by us.
United States Only
Our Platform is located within the United States and is not intended to be subject to any non-US jurisdiction or law. The Services may not be appropriate or available for use in some US and/or non-US jurisdictions. Any use of the Services is at your own risk, and you must comply with all applicable laws and regulations in using the Services. We may limit the Platform’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose, at our sole discretion.
You may access and use the Platform for its intended purpose and in accordance with the terms and conditions set forth in this Agreement and any applicable Supplemental Terms. You may need to create an account to use portions of the Service. If you choose to register for a Paidcopywriter.com account, your Paidcopywriter.com account gives you access to the Services and Materials that we may establish and maintain from time to time in our sole discretion.
If you choose to register for a Paidcopywriter.com account, you will create a user identification and a password upon completing the registration process (“Credentials”). When creating your account, you must provide accurate, current, and complete information about you, and you must abide by this Agreement.
You may not transfer to or share your account with third-parties. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You may edit your account information, including your username, password, name, mailing address, email address, and telephone number (collectively, “Personal Information”), and how you interact with the Platform by logging into your account and changing the settings in the “My Profile” section.
User Generated Content
We may provide you with the opportunity to post content on the Platform (e.g. comments and suggestions) and to participate in Courses (e.g. comments, emails, and message boards) (collectively, “User Generated Content”). User Generated Content will be treated as non-confidential and may be viewable by other Participants of the Platform and through third-party websites and services upon which the Platform is provided.
You shall not upload, download, post, email, or otherwise transmit any content that, without limitation:
- May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any third-party;
- May be considered false or misleading information;
- Violates another's rights, rights of celebrity or privacy, which includes without limitation uploading a picture of another person without such person’s consent;
- Is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable;
- May be considered unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- Would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, or national law; or
- Would or be likely to incite, promote, or support discrimination, hostility, or violence.
Suspension and Termination
You may terminate this agreement at any time by deleting your account and/or stopping using the Platform. To delete your account you should log into your account, go to “My Profile” and then “Delete My Account.” Deletion of your account, and this Agreement, will not result in a refund or cancellation of any applicable fees incurred but not yet paid at the time of termination or cancellation.
Paidcopywriter.com, without prior notice, may suspend or terminate your use of the Platform at any time if, in our sole discretion, your use of the Platform is in violation of this Agreement, or if we otherwise reasonably believe that your use of the Platform could cause damage to the Platform, the rights of other Participants, or for any other reason, even if not expressly set forth in this Agreement. Our right to suspend and/or terminate your account does not limit our right or ability to seek any other remedy available to us through this Agreement or at law.
Suspension or termination of your Paidcopywriter.com account may result in the deletion of your Personal Information and your profile that is saved in or associated with your account. Upon suspension or termination of your Paidcopywriter.com account, you agree to immediately stop accessing or using the portions of the Platform which require a registered account.
Preservation of Your Account Information
We reserve the right, but not the obligation to maintain your Paidcopywriter.com account information even after you terminate your account with us. You acknowledge and agree that we may preserve your account information and may also disclose your account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal processes; (ii) enforce this Agreement; (iii) respond to claims that your User Generated Content violates the rights of any third-party; or (iv) protect our rights, property, or personal safety or of our Users or the public.
You understand that the technical processing and operation of the Platform, including your information, may involve transmissions over various networks, and changes to conform and adapt to technical requirements of connection networks or devices. We will maintain commercially reasonable administrative, physical, and technical safeguards designed for the protection, confidentiality, and integrity of your Personal Information and the information uploaded in your account. You recognize and agree that hosting content online involves risks of unauthorized disclosure or exposure and that, in accessing and using the Platform, you assume such risks. We offer no representation, warranty, or guarantee that your information will not be exposed or disclosed through errors or the actions, including negligence, of third-parties or us.
You agree that you will use the Platform only for lawful and its intended purposes and will comply at all times with all applicable laws, including without limitation, all intellectual property, nondiscrimination, privacy and data security laws and will not take any action that harms or violates the rights of any person or entity.
Without limitation, in using the Services, you agree to not:
- Reproduce, duplicate, copy, sell, resell or exploit for commercial purposes any portion of the Platform, use of the Services, or access to the Services without our express written consent;
- Use the Service in any way to discriminate against any individual or class of individuals protected under federal, state or local laws, or which may have a discriminatory impact against any individual or class of individuals, or which otherwise promotes illegal, racist or discriminatory activities or outcomes;
- Modify or create derivative works based upon the Platform or any of the Materials;
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Remove or alter any copyright, watermark, or attribution marks;
- Use or access the Services to provide service bureau, time-sharing, or other computer hosting services to third-parties;
- Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt or interfere with the security of, or otherwise abuse, the Platform, system resources, accounts, servers, or networks connected to or accessible through the Platform or affiliated or linked to Platforms;
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the software used to provide the Platform;
- Access, tamper with or use non-public areas of the Platform. Unauthorized individuals attempting to access these areas of the Platform may be subject to prosecution;
- Disrupt or interfere with any other User's enjoyment of the Platform or affiliated or linked to Platforms;
- Use any robot, spider, scraper, or other automated means to access Platform for any purpose without our express written permission;
- Access the Services in order to build a similar product or competitive product;
- Frame or link to the Platform except as permitted in writing by us; or
- Use another Participant's Paidcopywriter.com account or share your account with other Participants or third parties.
Paidcopywriter.com offers paid Services, including, paid Materials, Courses and Consulting Services. Unless otherwise stated, all fees are payable in U.S. Dollars. Paidcopywriter.com reserves the right to change any fees at any time at its sole discretion.
The Platform may provide you with access to Materials that we make available to you for download for a fee ("Materials Fee"). By downloading Materials from the Platform, you are agreeing to the Supplemental Terms provided at the point of download, if any, along with all Materials Fees indicated at the time of sale. All Materials Fees are non-cancellable and non-refundable once paid, and Paidcopywriter.com reserves the right to change Materials Fees at any time in its sole discretion.
The Platform may provide you with access to Courses that we make available to you for a fee (“Course Fee”). By accessing Courses on the Platform or through a Third-Party Service, you are agreeing to the Supplemental Terms provided at the point of registration, if any, along with all Course Fees indicated at the time of sale and/or registration. All Course Fees are non-cancellable and non-refundable once paid, and Paidcopywriter.com reserves the right to change Course Fees at any time in its sole discretion.
Through the Platform, we may offer you the opportunity for one-on-one consulting services related to freelance copywriting (“Consulting Services”). All Consulting Services will be provided by Paidcopywriter.com to you in accordance with the terms and conditions of our Consulting Agreement which shall be executed by the parties before any Consulting Services may be provided to you.
Paid Materials, Paid Courses, and/or Consulting Services (“Paid Services”) may be provided to you via a subscription or recurring payment option indicated at the time of purchase. If your purchase is subject to recurring charges, you authorize us to charge your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation. No refunds will be permitted if you cancel your Paid Services or otherwise terminate this Agreement prior to the end of the subscription term.
Disclaimers. We make no guarantees as to the availability of any specific content if you signed up for any subscription or recurring payment option. We reserve the right to cease to offer or otherwise modify the Paid Services at our sole discretion. We have no responsibility to preserve or store the content inputted by you in connection with your use of any Paid Services.
If you believe that your subscription was made in error, please contact us at [email protected] within 48 hours of your submission. If in our sole discretion we determine that the subscription fee was made due to our own error, we will return the full subscription amount. If it was determined that it was your error, then we may approve the refund, however the subscription fee returned will be reduced by an administrative fee of up to 10% to cover credit card processing costs incurred.
A refund may be provided if you notify us of your intention to terminate your applicable Paid Services within five (5) days of purchase. All licenses to Materials and access to Courses subject to the refund will immediately terminate and you shall return or destroy any Materials in your possession which are subject to the refund. Any refunds provided to you by us will be reduced by any applicable transaction fees required by our Payment Processor at the time of purchase.
Unless otherwise stated, Paid Services do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to, value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction in connection with the Paid Services (collectively, “Taxes”).
Third-Party Content and Services
The Services may provide access to or integrate with third-party apps, services, websites, and other services that are not owned or controlled by us (“Third-Party Services”). All Third-Party Services are provided “As-Is,” and we do not warrant any such Third-Party Services, regardless of whether they are required to use our Services. You expressly relieve us from any and all liability arising from your use of any Third-Party Service, and any use by you of such Third-Party Services is solely between you and the applicable Third-Party Service provider. We do not endorse or assume any responsibility for any such Third-Party Services. If you access Third-Party Services from the Platform, you do so at your own risk and you understand that this Agreement does not apply to your use of such Third-Party Services. We shall not be responsible for any disclosure, modification or deletion of your information resulting from access by Third-Party Services. Additionally, we are not responsible for any downtime or unavailability of Third-Party Services which are outside our reasonable control. Under no circumstances will we be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use a Third-Party Service.
We may engage in affiliate marketing by receiving a commission or percentage of the sale of goods or services that are identified on our through the Platform. We may also receive payment from sponsors or other affiliated businesses whose goods or services we recommend. It is our intent to identify any affiliate marketing and/or sponsorships when and if applicable to the maximum extent practical. There may be times where we enter into an affiliate marketing arrangement for goods or services after such goods or services are mentioned in a Course or in Materials provided through the Platform. In such instances we will attempt to update the Course and/or Materials to disclose the affiliation, but doing so may not always be practical. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.
Our Proprietary Rights
Our Proprietary Rights
We retain all right, title, and interest in and to the Platform, including without limitation all Materials and all content included in and used to provide the Courses, the Paidcopywriter.com trademarks (all names and logos), and all other Paidcopywriter.com content provided on the Platform (collectively, “Paid Copywriter IP”). Except as provided herein, this Agreement does not grant you (i) any right to reproduce, modify, distribute, license, sell, transfer, or publicly display or perform or otherwise exploit the Paid Copywriter IP, or (ii) copy, modify, distribute, license, sell, transfer, publicly display or perform or otherwise exploit any Third-Party Content. No rights are granted to you other than as expressly set forth in this Agreement.
Access to the Platform
You acknowledge and agree that the Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. We grant you, and you alone, a non-exclusive, and non-transferable right to access and use the Platform subject to the terms and conditions of this Agreement. The Services may give you access to descriptions, commentary, documents, articles, and other written or visual content (“Paid Copywriter Content”) which is and shall remain the exclusive property of Paidcopywriter.com.
This Agreement does not grant you a license to use any software, including any APIs or other scripts (“Software”) separate from what is necessary to access the Platform and use the Services. We may provide you with a Software license, subject to the terms and conditions of a separate agreement, only through express written permission.
License to Materials
Paidcopywriter.com grants you, and you alone, a perpetual, worldwide, non-exclusive, royalty-free, non-transferable, non-sublicensable, and revocable license to access, download, and use the Materials that are made available to you for free or for a fee subject to the terms and conditions of this Agreement. This license does not grant you the right to resell any Paid Materials provided to you through the Platform, however, you may modify, reproduce, distribute, and use in your own business the template materials ("Template Materials") provided that you are solely responsible for your use of the Template Materials and you don’t use any Template Materials to create similar and/or competitive products or services to that of any Paidcopywriter.com’s products or services. Paidcopywriter.com expressly disclaims any liability whatsoever related to any modifications, reproductions, distributions, and uses by you of the Template Materials.
We may update, modify, and or change the Materials at any time at our discretion. You will have access to Materials for as long as they are made available on the Platform and you have an active subscription. After your subscription ends, you will no longer have access to Materials, but may continue to use the Materials you previously downloaded from the Platform in perpetuity and in accordance with this agreement. The license provided above expressly survives termination of this Agreement for any reason.
Access to Paid Courses
We grant you, and you alone, a non-exclusive and non-transferable right to access and view the Paid Courses during the subscription term through the Platform subject to the payment of all Course Fee and as per the terms and conditions of this Agreement. This right to access does not grant you the right to resell or share the Course with other Participants or any third party.
If you install or use our mobile application, software, and services, including any accompanying documentation, we grant you a limited right to install and use the App on a single authorized device located in the United States and its territories. You may use the App in accordance with the terms and conditions of this Agreement. We do not grant you any rights to any related documentation, support, upgrades, maintenance, or other enhancements to the App. We will not provide you with any device, internet access, or wireless connection to use the App. We are not responsible for any interaction between you and another App user, or information you transmit through the App (including your location).
We may make our Platform available via your mobile telephone and/or tablet. Our Platform may not be compatible with all mobile devices, carriers, and service providers, and we do not make any representations or warranties with respect to such compatibility.
Licenses in User Generated Content
You grant to us a non-exclusive, royalty-free, assignable, transferable and sublicensable irrevocable right and license to use, reproduce, adapt, and distribute your User Generated Content as reasonably necessary: to provide the Services as required under this Agreement, to exercise our other rights, and perform our other obligations, under this Agreement, and for any other use not expressly prohibited by this Agreement or applicable law.
If you create a Paidcopywriter.com account, you agree that we may reference you and may place your name and logo (if applicable) on the Platform and marketing materials relating to the Services, as well as in any press releases or “case studies” and the like. You hereby grant us a limited license to use your trademarks (name and logo only) designated by you for such limited uses, subject to your trademark/logo usage guidelines, if any, provided by you to us. Notwithstanding the foregoing, you may reasonably request removal of any such usage of your trademark/logo with written notice to us.
You may provide us or make public on the Platform notes, emails, postings, letters, suggestions, concepts, or other written materials related to the Services (collectively, “Feedback”). You acknowledge and agree that you do not maintain and will not assert any ownership, intellectual property right, or any other right to the Feedback. You further agree that any Feedback provided to us will not be considered confidential information, and that we are permitted to freely share, disclose, modify, create derivative works, or otherwise use the Feedback for any purpose. Should the ownership of the Feedback be found under applicable law to not be the property of Paidcopywriter.com, you hereby grant us a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into any Paidcopywriter.com products or services any Feedback provided by you relating to the provision of the Services.
Disclaimer of Warranties
OTHER THAN THE EXPRESS WARRANTIES PROVIDED HEREIN, IF ANY, WE PROVIDE THE PLATFORM AND ALL COURSES, MATERIALS, AND CONTENT ON AN "AS IS'' AND "AS AVAILABLE" BASIS. YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK, AND WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT: (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS; (II) THE OPERATION OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; OR (III) DEFECTS, IF ANY, WILL BE CORRECTED. TO THE EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PAID COPYWRITER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. THE INFORMATION, COURSES, MATERIALS, AND CONTENT PROVIDED ON THE PLATFORM ARE FOR INFORMATIONAL PURPOSES ONLY AND DO NOT, AND IS NOT INTENDED TO, CONSTITUTE SPECIFIC ADVICE. YOU AGREE THAT PAID COPYWRITER SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU, YOUR BUSINESS, YOUR COMPUTER, OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS TO OUR PLATFORM, THE MATERIALS, COURSES, OR ANY CONTENT CONTAINED THEREIN.
Limitation of Liability
THE COURSES AND MATERIALS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU ACKNOWLEDGE AND AGREE THAT THE PLATFORM PROVIDES GENERIC MARKETING AND BUSINESS-RELATED INFORMATION, AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE, INCLUDING WITHOUT LIMITATION, LEGAL ADVICE OR FINANCIAL ADVICE. WE DO NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY CHOICES, ACTIONS, OR INACTIONS YOU MAKE TAKE AS A RESULT OF YOUR ACCESS TO THE PLATFORM OR PARTICIPATION IN ANY COURSES OR USE OF ANY MATERIALS.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL PAID COPYWRITER OR ITS OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING THE PLATFORM OR RELATED MATERIALS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PAID COPYWRITER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY SERVICES PROVIDED BY PAID COPYWRITER. THIS LIMITATION APPLIES TO, WITHOUT LIMITATION: (I) THE USE OR INABILITY TO USE THE PLATFORM OR SERVICES; (II) ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF ANY ELECTRONIC MESSAGES YOU SEND US; (III) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY COURSES, CONSULTING SERVICES, MATERIALS, OR SERVICES OR CONTENT PURCHASED THROUGH OR FROM THE PLATFORM; (IV) STATEMENTS OR CONDUCT OF ANY OTHER PARTICIPANT OR THIRD-PARTY, WHETHER ONLINE OR OFFLINE; OR (V) ANY OTHER MATTER RELATING TO THE PLATFORM.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF PAID COPYWRITER EXCEED $100, OR IF GREATER, THE AMOUNT ACTUALLY PAID BY YOU TO PAID COPYWRITER IN THE 12 MONTHS PRECEDING THE DATE THE CAUSE OF ACTION ARISES. ANY CLAIM ARISING UNDER THIS AGREEMENT MUST BE BROUGHT BY YOU WITHIN 12 MONTHS AFTER THE EVENTS GIVING RISE TO THE CAUSE OF ACTION ARE DISCOVERED, OTHERWISE YOU RELEASE US OF ANY SUCH CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS PAID COPYWRITER AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (“INDEMNIFIED PARTIES'') FOR ANY THIRD-PARTY CLAIM, SUIT, PROCEEDING, OR GOVERNMENT ENFORCEMENT ACTIONS ARISING OUT OF, RELATED TO, OR ALLEGING AN INJURY OR LOSS CAUSED BY YOUR ACCESS AND USE OF THE PLATFORM AND THE SERVICES THAT, WITHOUT LIMITATION, INCLUDES: ((I) YOUR ACCESS TO OR USE OF THE PLATFORM FOR ILLEGAL, FRAUDULENT, OFFENSIVE, OR TORTIOUS PURPOSES; (II) YOUR CONNECTION TO THE PLATFORM AND/OR SERVICES; (III) YOUR VIOLATION OF THIS AGREEMENT; OR (IV) YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD-PARTY. IN ANY EVENT, PAID COPYWRITER WILL HAVE THE RIGHT TO PARTICIPATE IN THE DEFENSE OF ANY SUCH SUIT OR PROCEEDING THROUGH COUNSEL OF ITS OWN CHOOSING AT PAID COPYWRITER’S OWN EXPENSE. YOU WILL ALSO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM ANY COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED IN RESPONDING TO ANY LEGAL ACTION, SUBPOENA, SEARCH WARRANT, OR COURT ORDER REQUIRING PRODUCTION OF INFORMATION OR DOCUMENTS RELATED TO YOUR USE OF THE PLATFORM.
Allocation of Risk
You acknowledge and agree that we provide the Platform in reliance upon the disclaimers of warranty and the limitations of liability contained herein, and that the terms of this Agreement reflect an allocation of risk between you and us (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the provisions herein form an essential basis of the bargain between you and us. If you are subject to applicable laws that prohibit you from indemnifying us as set forth herein or prohibit you from entering into the risk allocation arrangement as set forth herein, then the terms will apply to you to the fullest extent permitted by applicable law, it being understood that you and us each wish to enforce the provisions of this Agreement to the maximum extent permitted by applicable law.
For any dispute with us, you agree to first contact us at [email protected] and attempt to resolve the dispute with us informally for at least thirty (30) days before initiating any arbitration or court proceeding. In the event we are unable to resolve the dispute informally, you and we agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this provision to arbitrate, shall be determined solely and exclusively by binding arbitration before a single arbitrator. You and we also agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and that such arbitration will be conducted in California, unless you and we agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
This arbitration provision is governed by the Federal Arbitration Act.
No Class Action; No Jury Trial
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NO CLASS ACTION OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS AGREEMENT. UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
The laws of the United States and the State of California shall govern this Agreement without regard to the principles of conflict of laws. Any dispute between the parties that are excluded from the arbitration agreement or that cannot be heard in small claims court shall be resolved in the United States District Court for the Central District of California, and the parties submit to the personal jurisdiction of that court. If neither subject matter nor diversity jurisdiction exists in the United States District Court for the Central District of California, then the exclusive forum and venue for any such action shall be the courts of the State of California, located in Los Angeles County, and the parties hereby submit to the personal jurisdiction of that court.
In the event that any provision of this Agreement is considered invalid, illegal or unenforceable by a court of competent jurisdiction having authority to bind the parties under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
This Agreement, together with the Supplemental Terms and any other terms and agreements incorporated herein by reference, and any amendments and any additional agreements you may enter with us in connection with the Platform, constitutes the entire agreement between you and us concerning the Platform.
Relationship of the Parties
You and Paidcopywriter.com are independent contractors, and no agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by this Agreement.
Our failure at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, will not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this Agreement. A waiver of any default by Paidcopywriter.com will not be deemed a continuing waiver, but will apply solely to the instance to which such waiver is directed.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
No Transfer; No Assignment
This Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No Third-Party Beneficiaries
Other than as expressly provided in this Agreement, no third-party beneficiaries are intended or will be construed as created by this Agreement.
Notices; Electronic Communication
By providing us with your email address, you consent to receive Paidcopywriter.com-related communications and notices electronically and you agree that all agreements, notices, disclosures and other communication that we provide to you via the Services or email satisfy any legal requirement that such communications be in writing. We may also use your email address to send you other messages, such as changes to the features of the Services and special offers (“Promotional Messages”). If you do not want to receive Promotional Messages, you may opt out by clicking the “Unsubscribe” link in an email, or by emailing Paidcopywriter.com at [email protected].
Neither party shall be liable for any failure or delay in its performance under this Agreement or any and all addenda due to circumstances beyond its reasonable control (other than the payment of sums due), provided that it notifies the other party as soon as practicable and uses its best efforts to resume performance (such a “Force Majeure Event”). A Force Majeure Event includes, without limitation, strikes, lock-outs, labor troubles, inability to procure materials or services including substantial price increases in materials or services, impacts of pandemics, epidemics, failure of power, riots, insurrection, war or other reasons of a like nature not the fault of such party. The party claiming a Force Majeure Event shall immediately provide notice to the other party of such delay, and performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Whether an event is a Force Majeure Event shall be at the sole discretion of Paidcopywriter.com.
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