TERMS & CONDITIONS
Welcome to the EssayJack Inc. website (formerly LLRB Holdings Inc.).
EssayJack Inc. holds copyright on all text, images, trademarks and logos on this Web Site, except those belonging to third parties. All content on the EssayJack Inc. website is copyrighted by EssayJack Inc. and may not be reproduced to used without crediting us with authorship.
We may make reference to third party logos or company names. All third party information is the property of the third party.
Our website may provide links external to EssayJack Inc. By providing these links we do not endorse, recommend or otherwise take responsibility for the content of the sites, unless otherwise explicitly stated.
Terms & Conditions to Use EssayJack:
These Terms and Conditions of Use (the “User Terms”) describe your rights and responsibilities concerning your use of the EssayJack web application currently located at www.essayjack.com and all associated services (collectively, the “Website”).
All rights reserved. EssayJack™ is a trade-mark of EssayJack Inc. Copyright © EssayJack Inc. 2015, patent pending.
Last revised August 5, 2015
1. Operator and Provider. The Website and all associated services are provided by EssayJack Inc. (formerly LLRB Holdings Inc.) In this Agreement, the terms “we”, “our” and “us” refer to EssayJack Inc. (“EJ”).
2. Important Note about the Services. We are providing access to the Website in “beta mode” which means that users who have registered to use the Website will be provided with advanced-user access to our essay structuring and writing tools. Since the Website is in beta testing mode, it is provided with absolutely no warranties or guarantees to the accuracy of the service, security of data, or stability of any kind.
3. Modifications and Updates to This Agreement and Conditions. We reserve the right to unilaterally update or modify (collectively “change”) this Agreement at any time and from time to time. We will notify you of any changes to this Agreement by posting notice of such changes on the Website, or sending notice to you via email. You agree that we have this right, and that your continued use of the Website following notice of such change means that you agree to and accept the amendments. If you do not agree, you must immediately stop using the Website, and notify us that you are terminating this Agreement.
4. Account Eligibility. You must be at least 16 years old to create an account on the Website and use the Website. If you are below the age of majority in your place of residence you confirm that your parents or legal guardians have agreed to these User Terms on your behalf, or are using the Website in an educational institution under license with that institution.
6. License Grant. Subject to your compliance with these User Terms we grant to you a limited, personal, non-exclusive, non-transferable license to use the Website for your own use and not for resale or further distribution. Your right to use our Services is limited by all terms and conditions set forth in these Terms. Except for this license granted to you, we retain all right, title and interest in and to the Website and the underlying technology, including all related intellectual property rights in the same. The Website and technology are protected by applicable intellectual property laws, including Canadian copyright law and international treaties. Except as otherwise explicitly provided in these user Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Website or the underlying technology and services; or (ii) rent, lease or sublicense access to the Website.
7. Testing Feedback. We seek and welcome your comments and other feedback regarding the Website. In the event you provide us with any such material (whether through this Website, by electronic mail or otherwise) including any data, questions, comments, suggestions, testimonials or the like (all of which are collectively called “Feedback”). We welcome your suggestions, comments and feedback on the Website (“Feedback”) especially during this beta-testing phase as it helps us to improve our services. If you provide us with Feedback you agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to us; (c) Company (including all of its successors and assigns) may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or re-imbursement of any kind.
8. Submissions. Except for Feedback, as between us, you own data of any kind you upload or otherwise submit to the Website including modifications you make to such data (“Submissions”). You acknowledge that, although we may monitor or review Submissions from time to time, we are under no obligation to do so, and that we have the right (but not the obligation) to remove, or refuse to provide access to, your Submissions. By uploading Submissions, you represent and warrant that: (a) all rights in and to the Submissions (including intellectual property rights), are owned by you or you have full authority by way of the necessary licenses, permissions, waivers and consents to use, reproduce and otherwise deal with the Submissions for the purposes made possible by the Website; and (b); the Submissions and their use as contemplated hereby will not conflict with or violate any other agreement between you and any other party, and do not conflict with or violate any applicable laws (including as relating to intellectual property, confidentiality, obscenity, personal, privacy or proprietary rights).
9. Confidentiality. You agree not to use or publicly disclose any information pertaining to the Website or services available through it, or your Feedback, or this Agreement, for any purpose without our express prior written consent both before and after public launch of the Website. This restriction does not apply, however, to your Submissions.
10. Support. We will make reasonable efforts to respond to any support requests and to remedy any issues that arise during the beta phase in relation to the Services.
11. Suspension and Termination. If you wish to terminate this Agreement, you may do so at any time by informing us by email (using the details here, Contact Us) of your intention. Neither failing to log into the Website, failing to upload additional Submissions or failing to provide Feedback will, in and of itself, constitute your termination of this Agreement. We may, at any time and for any reason and in our sole discretion, change, suspend or terminate (whether temporarily or permanently) the services or the Website (or any part thereof), or terminate this Agreement, without any prior notice or liability to you or any other person. Additionally, your rights under this Agreement will terminate automatically without notice from us if you fail to comply with any term(s) of this Agreement. If this Agreement is terminated by you or us for any reason, then: (a) this Agreement will nevertheless continue to apply and be binding upon you in respect of your Submissions and use of the Website and services prior to termination; (b) you may be prevented from accessing the Website, your account details, or any files or other content which is contained or attached to your account; and (c) you shall cease all use of the Website.
12. Disclaimers. You expressly acknowledge and agree that you are aware that the Website and the services provided through the Website are in a beta state, and is provided to you “as-is.” Consequently the Website may contain known or unknown defects, and/or may cause predictable, unpredictable or undesired consequences. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED TO YOU WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, AND THAT WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED WITH RESPECT TO THE WEBSITE.
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM USING THE WEBSITE. WE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT MADE AVAILABLE BY MEANS OF THE WEBSITE AND WILL NOT BE RESPONSIBLE FOR ANY DATA CHARGES YOU INCUR IN YOUR USE OF THE WEBSITE.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THE WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES, (IV) PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY DEALINGS BETWEEN YOU AND ANY PERSONS TO WHOM YOU SEND OR TRANSMIT SUBMISSIONS CREATED OR MODIFIED THROUGH THE WEBSITE.
13. Limitation of Liability. TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding the foregoing, in no event shall our total liability to you for all damages exceed the amount of five Canadian dollars (CAD $5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
14. Indemnification. You agree to indemnify and save harmless EJ, our affiliates, and our respective officers, directors, employees, consultants, representatives, members and agents (collectively, in this section, “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability, including without limitation reasonable professional fees, brought against or suffered or incurred by us as a result of your use of the Website in breach of this Agreement.
15. Governing Law and Courts. This Agreement and your use of the Website and all services will be governed by and interpreted exclusively in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable in Ontario, excluding its conflict of laws rules and all private international laws. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of Ontario in all disputes arising out of or relating to your use of or inability to use the Website, the services and this Agreement.
16. Waiver. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
17. Survival. The provisions of Sections 5—15 shall survive termination of the Agreement, howsoever occasioned.
18. Permission. By accepting the terms and conditions you give us permission to contact you via email. You can unsubscribe and revoke this consent at any time.
19. General. This Agreement constitutes the full and entire understanding between you and us with respect to the subject matter, and supersedes all previous communications, representations and agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement. This Agreement will be binding upon you and your heirs, executors and administrators and will enure to the benefit of our employees, agents, administrators, successors, assigns and licensees. Upon our request and at our cost, you agree to provide such information and documents, do such additional things, and sign such further documents connected with the licenses, releases and waivers contemplated by this Agreement. In the event that any provision of this Agreement is not enforceable, such provision will be severed from this Agreement, and the remainder of this Agreement will remain in full force and effect.