This
is the user agreement (the "Agreement" or "User
Agreement") for guide2ebooks.com.
Write Consultants, Inc. provides its service to you, subject to
the following Terms of Service ("TOS"), which may be
updated by Write Consultants, Inc. from time to time without
notice to you.
This Agreement describes the terms and conditions applicable to
your use of our products and services. If you do not agree to be
bound by the terms and conditions of this Agreement, you are not
permitted to access our website, resources, or services.
You
must read, agree with and accept all of the terms and conditions
contained in this User Agreement and the Privacy Policy, which
include those terms and conditions expressly set out below and
those incorporated by reference, before you may access our site,
guide2ebooks.com. By viewing, visiting, using or interacting
with this website or with any banner, advertising or popup that
appears on it, you are agreeing to all the provisions of this
terms of use policy and the privacy policy of this website.
Copyrighted
Materials:
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are Write Consultants, Inc., its affiliates or other
third party licensors. You may not modify, copy, reproduce,
republish, upload, post, transmit or distribute, in any manner,
the material on the site, including texts, graphics, code, content
and software. You may print and download portions of material from
the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright
or proprietary notices from the materials. You agree to grant to
Write Consultants, Inc. a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display
and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new or
improved products and services) you submit to any public areas of
the Site (such as bulletin boards, forums and newsgroups) or by
e-mail to Write Consultants, Inc. by all means and in any media
now known or hereafter developed. You also grant to Write
Consultants, Inc. the right to use your name in connection with
the submitted materials and other information as well as in
connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no
recourse against Write Consultants, Inc. for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to Write Consultants, Inc..
Trademarks:
Publications, products, content or services referenced herein or
on the Site are the exclusive trademarks or servicemarks of Write
Consultants, Inc.. Other product and company names mentioned in
the Site may be the trademarks of their respective owners. Google
and Google AdSense are trademarks of Google, Inc. and neither are
associated nor affiliated with Write Consultants, Inc. in any way.
Squidoo is a trademark and is not associated with Write
Consultants, Inc. in any way.
Website
Ownership:
The
website and its contents are owned or licensed by the website.
Material contained on the website must be presumed to be
proprietary and copyrighted. Visitors have no rights whatsoever in
the site content. Use of website content for any reason is
unlawful unless it is done with express contract or permission of
the website.
Licensing
Restrictions:
Users agree to abide by any and all licensing rules or
restrictions that have been created by the owners of the works
contained within the guide2ebooks.com website.
Minimum
Age:
Services are available only to individuals
who can form legally binding contracts under applicable law.
Without limiting the foregoing, our services are not available to
minors. You must be AT LEAST 18 years old to access the
guide2ebooks.com website, resources, and services. All
persons under the age of 18 are denied access to this website. If
you are under 18 years of age, it is unlawful for you to visit,
read or interact with this website its services and contents in
any manner. This website specifically denies access to any
individual that is covered by the The Children's Online Privacy
Protection Act (COPA) of 1998. We do
not direct this website to minors, nor do we knowingly collect any
personal information from children under the age of thirteen.
Liability:
In no event shall Write Consultants, Inc. be liable for any
punitive, special, direct, indirect, incidental, or consequential
damages, whether arising under contract, warranty, or tort
(including negligence or strict liability) or any other theory of
liability. Applicable law may not allow the limitation or
exclusion of liability or incidental or consequential damages, so
the above limitation or exclusion may not apply to you. Our
liability for damages, regardless of the form of the action, shall
not exceed the fee paid for the service. We cannot be held
responsible for factors beyond our control that may interfere with
our ability to provide access to our website. Such factors
include, but are not limited to server downtime,
password/verification problems, or network outages beyond our
servers. Write Consultants, Inc. does not warrant that the
functions contained in the materials, resources or services
offered will be uninterrupted or error-free, that defects will be
corrected, or that this site are free of viruses or other harmful
elements. In no event will Write Consultants, Inc. be liable to
any party for any direct, indirect, punitive, special, incidental
or other consequential damages arising directly or indirectly from
any use of the products or resources contained within the
guide2ebooks.com website. All products and resources are
provided "as is" and without warranties.
These include (but are not limited to) damages or injury caused by
any:
- use of
(or inability to use) the site
- use of
(or inability to use) any site to which you hyperlink from
our site
- failure
of our site to perform in the manner you expected or desired
- error
on our site
- omission
on our site
- interruption
of availability of our site
- defect
on our site
- delay
in operation or transmission of our site
- computer
virus or line failure
Please
note that we are not liable for any damages, including:
Damages intended to compensate someone directly for a loss or
injury damages reasonably expected to result from a loss or injury
(known in legal terms as "consequential damages.")
Other
miscellaneous damages and expenses resulting directly from a loss
or injury (known in legal terms as "incidental
damages.") We are not liable even if we’ve been negligent
or if our authorized representative has been advised of the
possibility of such damages or both.
Exception:
Certain state laws may not allow us to limit or exclude liability
for these "incidental" or "consequential"
damages. if you live in one of those states, the above limitation
obviously would not apply which would mean that you might have the
right to recover these types of damages.
However,
in any event, our liability to you for all losses, damages,
injuries, and claims of any and every kind (whether the damages
are claimed under the terms of a contract, or claimed to be caused
by negligence or other wrongful conduct, or they’re claimed
under any other legal theory) will not be greater than the amount
you paid if anything to access our site.
Indemnification:
You
agree to indemnify, defend and hold harmless Write Consultants,
Inc., its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Service
from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation
of this Agreement (including negligent or wrongful conduct) by you
or any other person accessing the Service.
Use
of Site and/or Service:
You
understand that, except for information, products or services
clearly identified as being supplied by Write Consultants, Inc.,
Write Consultants, Inc. does not operate, control or endorse any
information, products or services on the Internet in any way.
Except for Write Consultants, Inc. - identified information,
products or services, all information, products and services
offered through the Site or on the Internet generally are offered
by third parties, that are not affiliated with Write Consultants,
Inc. a. You also understand that Write Consultants, Inc. cannot
and does not guarantee or warrant that files available for
downloading through the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of
any lost data.
You
assume total responsibility and risk for your use of the site and
the internet. Write Consultants, Inc. provides the site and
related information "as is" and does not make any
express or implied warranties, representations or endorsements
whatsoever (including without limitation warranties of title or no
infringement, or the implied warranties of merchantability or
fitness for a particular purpose) with regard to the service, any
merchandise information or service provided through the service or
on the internet generally, and Write Consultants, Inc. shall not
be liable for any cost or damage arising either directly or
indirectly from any such transaction. It is solely your
responsibility to evaluate the accuracy, completeness and
usefulness of all opinions, advice, services, merchandise and
other information provided through the service or on the internet
generally. Write Consultants, Inc. does not warrant that the
service will be uninterrupted or error-free or that defects in the
service will be corrected.
You
understand further that the pure nature of the internet contains
unedited materials some of which are sexually explicit or may be
offensive to you. Your access to such materials is at your own
risk. Write Consultants, Inc. has no control over and accepts no
responsibility whatsoever for such materials.
Contents of
Site:
The website disclaims
any responsibility for the accuracy of the content of this
website. Visitors assume the all risk of viewing, reading, using,
or relying upon this information. Unless you have otherwise formed
an express contract to the contrary with the website, you have no
right to rely on any information contained herein as accurate. The
website makes no such warranty. Visitor downloads information from
this site at this own risk. Website makes no warranty that
downloads are free of corrupting computer codes, including, but
not limited to, viruses and worms.
Use
of Information:
Unless
you have entered into an express written contract with this
website to the contrary, visitors, viewers, subscribers, members,
affiliates, or customers have no right to use this information in
a commercial or public setting; they have no right to broadcast
it, copy it, save it, print it, sell it, or publish any portions
of the content of this website. By viewing the contents of this
website you agree this condition of viewing and you acknowledge
that any unauthorized use is unlawful and may subject you to civil
or criminal penalties. Again, Visitor has no rights whatsoever to
use the content of, or portions thereof, including its databases,
invisible pages, linked pages, underlying code, or other
intellectual property the site may contain, for any reason for any
use whatsoever. Visitor warrants that he or she understands that
accepting this provision is a condition of viewing and that
viewing constitutes acceptance.
Submitting
Your Online Material to Us:
Visitor agrees as a condition of viewing, that any communication
between Visitor and Website is deemed a submission. All remarks,
suggestions, ideas, graphics, comments, or other information that
you send to Write Consultants, Inc. through our site (other than
information we promise to protect under our privacy policy becomes
and remains our property, even if this agreement is later
terminated. That means that we don’t have to treat any such
submission as confidential. You can’t sue us for using ideas you
submit. If we use them, or anything like them, we don’t have to
pay you or anyone else for them. We will have the exclusive
ownership of all present and future rights to submissions of any
kind. We can use them for any purpose we deem appropriate to our
Write Consultants, Inc. mission, without compensating you or
anyone else for them. You acknowledge that you are responsible for
any submission you make. This means that you have full
responsibility for the message, including its legality,
reliability, appropriateness, originality, and copyright. Visitor
agrees to only communicate that information to the Website, which
it wishes to forever allow the Website to use in any manner as it
sees fit. Submissions is also a provision of the Privacy Policy.
Disputes:
As part
of the consideration that the Website requires for viewing, using
or interacting with this website, visitor agrees to use binding
arbitration for any claim, dispute, or controversy
("CLAIM") of any kind (whether in contract, tort or
otherwise) arising out of or relating to this purchase, this
product, including solicitation issues, privacy issues, and terms
of use issues.
You and
we agree that any and all disputes arising out of or related to
this Agreement shall be decided by binding arbitration pursuant to
the Commercial Arbitration Rules of the American Arbitration
Association which are in effect on the date a dispute is submitted
to the American Arbitration Association.
Information
about the American Arbitration Association, its rules, and its
forms are available from the American Arbitration Association, 335
Madison Avenue, Floor 10, New York, New York, 10017-4605 or at
http://www.adr.org. Hearing will take place in the city or county
of the Seller.
In no
case shall the viewer, visitor, member, subscriber or customer
have the right to go to court or have a jury trial. Viewer,
visitor, member, subscriber or customer will not have the right to
engage in pre-trial discovery except as provided in the rules; you
will not have the right to participate as a representative or
member of any class of claimants pertaining to any claim subject
to arbitration; the arbitrator's decision will be final and
binding with limited rights of appeal.
You
represent and agree that you are purchasing our services or
products for business purposes, and not for any consumer,
personal, or household use, and that you are not deemed to be a
'consumer' and will not invoke arbitration rules applicable to
consumers.
The
prevailing party shall be reimbursed by the other party for any
and all costs associated with the dispute arbitration, including
attorney fees, collection fees, investigation fees, travel
expenses.
You
agree that the arbitrator can enter a default judgment against you
if you do not follow AAA rules, and that default judgment can be
entered and enforced in any court of competent jurisdiction and in
the courts of the State of Nevada.
Notice:
No
additional notice of any kind for any reason is due Visitor and
Visitor expressly warrants an understanding that the right to
notice is waived as a condition for permission to view or interact
with the website.
Third
Party Rights:
The
provisions of paragraphs "Use of the Service," and
"Indemnification" are for the benefit of Write
Consultants, Inc. and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers to
the Service. Each of these individuals or entities shall have the
right to assert and enforce those provisions directly against you
on its own behalf.
Termination of This Agreement:
These Terms of Use are effective until terminated by either party.
You may terminate these Terms of Use by destroying all copies and
installations of products and services obtained from us. The
agreement will automatically and immediately terminate without
notice should you violate any terms of this agreement. Violating
our Terms Of Use, Copyrights, or any of our licensing
restrictions, will result in termination of membership, and
forfeiture of all reseller licenses, without notice or refund.
Communications
from us:
By joining our site, you give us permission to contact you
periodically via email with regards to your access to
guide2ebooks.com. If you wish to no longer receive
communications from us, you will just need to send us an email an
tiffany@guide2ebooks.com.
Jurisdiction
and Other Points to Consider:
If you use our site from locations outside of
the United States, you are responsible for compliance with any
applicable local laws. To the extent you have in any manner
violated or threatened to violate Write Consultants, Inc. and/or
its affiliates' intellectual property rights, Write Consultants,
Inc. and/or its affiliates may seek injunctive or other
appropriate relief in any state or federal court in the State of
Write Consultants, Inc., and you consent to exclusive jurisdiction
and venue in such courts. If any matter concerning this purchase
shall be brought before a court of law, pre- or post-arbitration,
Viewer, visitor, member, subscriber or customer agrees to that the
sole and proper jurisdiction to be the state and city declared in
the contact information of the web owner unless otherwise here
specified.
Our
failure to enforce any rights granted in this Agreement or to take
action against any other party in the event of any breach shall
not be deemed a waiver by us as to subsequent enforcement of
rights or subsequent actions in the event of future breaches.
Users
agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding use of the
guide2ebooks.com website.
Users
agree to abide by any and all licensing rules or restrictions that
have been created by the owners of the works contained within this
website. Violating our Terms Of Use, Copyrights, or any of our
licensing restrictions, will result in termination of account, and
forfeiture of all reseller licenses, without notice or refund.
Furthermore, Use of this website constitutes acceptance of the
Legal Agreement and Terms Of Use.
This
Agreement in all respects shall be governed by and construed
according to the laws of the State of Nevada, to the exclusion of
any other applicable body of governing law, without regard to
conflicts of laws principles.
This Agreement contains the complete and entire understanding and
agreement between you and us and supersedes any previous
communications, representations, or agreements, verbal or written,
related to the subject matter of this Agreement.
This Agreement may not be modified or amended orally, impliedly,
or in any manner not set forth in writing or permitted by this
Agreement. This Agreement may be amended by us at any time and
without notice, but only by amending this Agreement as posted on
this website, unless otherwise agreed to in a writing signed by
both of us. Any amendments will become effective 30 days after
being posted on the website, unless circumstances require that a
change be immediately implemented.
You agree that your continued use of our
product or service after that date will constitute your consent
and acceptance of the amendment.
If
any provision of this agreement is void or unenforceable in whole
or in part, the remaining provisions of this Agreement shall not
be affected thereby.