Last updated: 3/17/09
Please Read Carefully Before Using this Website.
Welcome to Eduify.com (the “Eduify Site”). The Eduify Site is owned by RSWP, Inc.
(“RSWP”, “we,” “us,” or “our”). Your use of the Eduify Site, and any of its services
(including but not limited to the Paper Box, Status Box, Research Box, Editor, and
Proofreading and Editing Services) is governed by these Terms of Use. BY CLICKING
THE “I ACCEPT’ BUTTON OR BY USING THE EDUIFY SITE OR ANY OF ITS SERVICES, YOU AGREE
TO THESE TERMS OF USE, INCLUDING THE LIMITATIONS OF LIABILITY PROVISIONS IN THESE
TERMS OF USE. If you do not accept these Terms of Use, you are not authorized use
the Eduify Site or any of its services and you must select the “I DO NOT ACCEPT”
button. These Terms of Use apply to your use of the service(s) on a beta (or free
trial) basis, except that the provisions below regarding payment will not apply
to such use.
Other Policies and Terms
By using the Eduify Site or any of its services, you also agree to the Privacy Policy, the Anti-Cheating Policy
, the Copyright Infringement Policy,
and the Fees and Payment Policy, each of which are
posted to the Eduify Site and are incorporated in (and made a part of) these Terms
of Use by reference. In addition, we may offer certain services on or through the
Eduify Site to which additional or different terms, conditions, rules or requirements
(“Additional Terms”) will apply and you will be required to agree with those Additional
Terms. These Terms of Use and applicable Additional Terms shall be read and interpreted,
to the extent possible, so that there is no conflict between them. To the extent
there is such conflict, the Additional Terms governing the applicable activity shall
prevail as to that activity.
Eligibility
The Eduify Site and its services are intended for clients who are high school and
college students and are not intended for children under the age of 13. If you are
under the age of 18, you will need your parents’ permission to use the services
that require payment.
Our Proprietary Rights
The Eduify Site and its services contain proprietary and confidential information
that is available only to registered users and is protected by applicable intellectual
property and other laws. Excluding Client Documents (as defined below), the content
on the Eduify Site, including without limitation, the text, software, scripts, graphics,
photos, sounds, music, videos, interactive features and the like (collectively,
“Materials”) and the trademarks, service marks and logos on the Eduify Site or its
services ("Marks"), are owned by or licensed to RSWP, subject to copyright and other
intellectual property rights under United States and foreign laws and international
conventions.
Use of the Services
Subject to your full compliance with these Terms of Use, you may access and use
the Eduify Site and its services and content, including the Materials, for your
own personal, educational purposes. All rights not expressly granted are reserved
by RSWP and its suppliers and licensors. Except as expressly authorized by RSWP,
you agree not to download, modify, duplicate, rent, lease, loan, sell, distribute
or create derivative works based on the Eduify Site or any of its services or contents
(including the Materials), in whole or in part, nor may you use any of these items
for any commercial purposes. You agree not to access the Eduify Site or its services
by any means other than through the interface that is provided by RSWP for use in
accessing the site and services.
Modifications
RSWP reserves the right to modify or amend these Terms of Use at any time by notifying
you of such changes via electronic communication, which may include posting the
modified Terms of Use on the Eduify Site, or posting a notice of the modified terms
to clients and users, or by e-mail to you, at our sole option. All changes will
be effective upon our posting or sending the communication and will only affect
your use of the services after the effective date of the change, unless we clearly
express otherwise. You are encouraged to regularly visit these Terms of Use to review
for any changes. Your use of the Eduify Site or any of its services after Eduify
provides notice of such changes as provided in this paragraph shall be deemed your
approval of such changes. However, if you have already paid for services for a particular
proofreading or editing project (“Writing Project”), then the Terms of Use that
were in force at the time of your payment for that Writing Project will remain in
effect for that Project. Any new Writing Projects submitted and paid for after the
effective date of changes to these Terms of Use is subject to the new terms.
The Eduify Site and its services are continually under development and changes to
the Eduify Site and the services, including adding or deleting services and/or features,
may be made at any time. You agree that RSWP shall not be liable to you or to any
third party for any such modification of the Eduify Site, its services or these
Terms of Use and your sole remedy for such modification is for you to terminate
your right to access and use the Eduify Site and services as provided below.
Registration; Account Information
You must register to use the services as a client of the Eduify Site. By registering,
you represent, warrant and covenant that you will: (a) provide true, accurate, current
and complete information about yourself as prompted by our registration form (such
information being the "Registration Data") and (b) maintain and promptly update
the Registration Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or incomplete, or if RSWP
has a reasonable ground to suspect that such information is untrue, inaccurate,
not current or incomplete, RSWP has the right to suspend or terminate your account
and refuse any and all current or future use of the Eduify Site and its services.
You may only have one active client account on the Eduify Site at any given time.
You may not transfer your account to any third party without RSWP’s prior written
consent. You will be assigned, or you must choose, a user name and password for
access to and use of the Eduify Site and its services. You are responsible for maintaining
the confidentiality of your user name and password and for all activities that occur
through use of your account or under your user name and/or password. You agree to
promptly notify us of any unauthorized use of your user name, password or any other
breach of security that you become aware of involving or relating to the Eduify
Site and its services by emailing us at support@eduify.com. In order to maintain the
security of your account, we recommend that you exit from your account at the end
of each session, in particular when using a public or shared computer. WE EXPLICITLY
DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE
TO COMPLY WITH THIS SECTION.
Client Documents; Your Proprietary Rights and Obligations
As between you and us, all document(s), clippings, notes and other content that
you upload as part of your account to the Eduify Site or services (collectively,
“Client Documents”) will remain your intellectual property. We will never claim
ownership of Client Documents nor share them with anyone outside of RSWP, or its
contractors or other agents or the Service Providers (as defined below), except
with your permission or as provided in these Terms of Use (or any applicable Additional
Terms). You may designate the sharing of Client Documents with other clients or
users of the Eduify Site or services at your discretion by changing the share status
via the Paper Box, Research Box and/ or Account Settings. You agree that by submitting
Client Documents to the Eduify Site and its services, you grant to RSWP and its
providers, suppliers, licensors and agents a royalty-free, worldwide, full paid-up,
irrevocable, non-exclusive right and license to store, use, reproduce, modify and
distribute, in accordance with these Terms of Use, your Client Documents as part
of the operation of the Eduify Site and its services, including for technical maintenance,
software development, debugging, and backup purposes. You acknowledge and agree
that we may use third party technical service providers, such as hosting providers
and storage or server operators, who may have access to your Client Documents solely
for purposes of providing services to RSWP and who will not be permitted to otherwise
use your Client Documents without your prior consent.
If you submit any Client Document to a Writing Project, you further grant to RSWP
and Service Providers a royalty-free, worldwide, full paid-up, irrevocable, non-exclusive
right and license to use, reproduce, modify and create derivative works of such
Client Document in performing services for the Writing Project.
You represent that you have the right to provide, and allow use pursuant to these
Terms of Use, all Client Documents to the Eduify Site and its services without violation
of any third party rights, these Terms of Use or any laws or regulations. You acknowledge
that RSWP does not pre-screen Client Documents, but that RSWP and its designees
have the right (but not the obligation) to refuse or remove any Client Documents
from the Eduify Site and its services that violates these Terms of Use, as determined
by RSWP in its discretion. RSWP is not responsible or liable for the deletion, correction,
destruction, damage, loss or failure to store any Client Documents.
You acknowledge and agree that RSWP may preserve or disclose Client Documents if
required to do so by law or in the good faith belief that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b) enforce the Eduify
Site and its Terms of Use; (c) respond to claims that any Client Documents violates
the rights of third parties; or (d) protect the rights, property, or personal safety
of RSWP, its agents, contractors, Service Providers, clients, or others.
You understand that the technical processing and transmission of the Eduify Site
and its services, including your Client Documents, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices.
Services You Provide to Other Clients
If you agree to perform any proofreading, review or editing services in a Writing
Project for another client with respect to such other client’s documents (“Other
Client Documents”), then you agree to assign, and you hereby do irrevocably assign,
all rights you may have in and to such Other Client Documents, including all copyrights
and other intellectual property and proprietary rights, and to the extent you cannot
assign any such rights under applicable law, you irrevocably waive any and all such
rights. In addition, you agree not to disclose, transmit, distribute, reproduce
or use any of such Other Client Documents other than solely for purposes of performing
your obligations under the Writing Project pursuant to these Terms of Use or applicable
Additional Terms.
Prohibited Activities and Content
If you agree to perform any proofreading, review or editing services in a Writing
Project for another client with respect to such other client’s documents (“Other
Client Documents”), then you agree to assign, and you hereby do irrevocably assign,
all rights you may have in and to such Other Client Documents, including all copyrights
and other intellectual property and proprietary rights, and to the extent you cannot
assign any such rights under applicable law, you irrevocably waive any and all such
rights. In addition, you agree not to disclose, transmit, distribute, reproduce
or use any of such Other Client Documents other than solely for purposes of performing
your obligations under the Writing Project pursuant to these Terms of Use or applicable
Additional Terms.
Plagiarism
We will not tolerate any use of the Eduify Site or services for plagiarism. Service
Providers are not permitted, and you agree you will not request them, to conduct
research or writing, beyond constructive feedback, for Clients to submit as their
own work. Whether or not the Client has contracted for plagiarism detection services,
RSWP reserves the right to conduct a plagiarism detection review of any material
sent or shared as part of Eduify Site. If RSWP or any agent or Service Provider
become aware of plagiarism, or suspected plagiarism, in Client Documents, we will
make you aware of this, and our (and Service Provider’s) work on the project will
be suspended while you address the problem. Once the plagiarism has been removed
or the content properly cited, work on the Writing Project will resume. Please also
see our Anti-Cheating Policy
Other Restrictions
You agree that you will not, nor will you permit any third party to: (a) license,
sublicense, resell, transfer, or assign to a third party your right to use the Eduify
Site and its services, nor operate as a service bureau or otherwise use the Eduify
Site and its services on behalf of or for the benefit of a third party; (b) modify,
copy or create derivative works from the Eduify Site and its services or any of
its Material other then Client Documents (each as defined below); (c) attempt to
access, decompile or reverse engineer the software and technology through which
RSWP provides the Eduify Site and its services, or use the Eduify Site and its services
to create or modify a competitive product or service; (d) except with RSWP’s prior
express permission, create Internet “links” to the Eduify Site and its services
or “frame” or “mirror” the Eduify Site and its services on any other server or wireless
or Internet-based device; (e) attempt to gain unauthorized access to the Eduify
Site and its services or any content or the networks or systems through which RSWP
provides the Eduify Site and its services, including access to the Eduify Site and
its services by any means other than the interface provided by RSWP for use in accessing
the Eduify Site and its services, or use any unauthorized means to modify or reroute
the Eduify Site or services (or attempt to do so); (f) use the Eduify Site and its
services in any manner which could damage, disable, overburden, or impair the Eduify
Site and its services or interfere with any other party's use and enjoyment of the
Eduify Site and its services, or send or store material containing software viruses,
worms, Trojan horses or other harmful code; (g) use the Eduify Site and its services
for an illegal purpose or in furtherance or encouragement of illegal activities,
or (h) to post, upload, transmit, submit or store Client Documents (or to engage
in behavior or otherwise use the Eduify Site or services in a manner) that is harassing,
infringing, libelous, invasive of another's privacy, harmful, threatening, fraudulent,
deceptive, obscene, or otherwise unlawful or tortious, or that would give rise to
civil liability, including without limitation to sending, transmitting or using
the Eduify Site or services in any manner associated with any unsolicited bulk messages
or unsolicited commercial messages (“spam”).
You may not remove, deface or obscure any of our or our providers’, suppliers’ or
licensors’ copyright, trademark and other proprietary notices on, in or associated
with the Eduify Site and its services.
Third Parties
You are under no obligation to reference us or our editors, proofreaders, coaches,
teachers (collectively, “Service Providers”) when you make use of the documents
that have been benefited from their work. We require every Service Provider to be
bound by an agreement in which the Service Provider agrees to maintain the confidentiality
of your personal information (as included in shared work) and to respect your intellectual
property rights, in accordance with these Terms of Use and our Privacy Policy.
In addition, the Eduify Site also may link to third party sites not owned or controlled
by RSWP. You also acknowledge and agree that the Eduify Site and services will be
used by other clients and users. RSWP is in no way liable for the actions of any
Service Providers, any other clients or users of the Eduify Site or services, or
for the contents of any third party web sites. The opinions expressed by Service
Providers or other clients or users do not necessarily represent those of RSWP,
nor is RSWP responsible in any way for the words or actions of such persons or entities.
In carrying out its services, RSWP involves third-party contractors for the processing
of payments, for Web hosting, for analyzing Web activity, for carrying out anti-plagiarism
checks, and for other purposes. The manner in which we may disclose information
about you to third-party contractors involved in the work of RSWP is provided in
the Privacy Policy
Payment
You agree to pay all applicable fees, if any, for your access to and use of the
Eduify Site and services, as specified in RSWP’s then-current Fees and Payment Policy.
Unless otherwise provided in the Fees and Payment Policy, payment for all services
is due at the time the service is requested. In the case of a Writing Project, editors
and proofreaders work in phases, usually passing through the document multiple times
with different objectives for each pass. As a result, it is not possible to return
partially edited documents to the client, as no part of the edit is completed until
the final pass. RSWP works to return papers to the client as quickly as reasonably
possible. The expected return time is an estimate and may fluctuate on aspects outside
the control of RSWP. Upon request, however, we would be happy to provide update
reports on projects in progress.
RSWP may change the fees and other aspects of the Fees and Payment Policy at any
time by providing 30 days prior notice, effective upon posting. All fees are exclusive
of sales, use, excise or any other taxes, and you are responsible for all such taxes
except those based on RSWP’s net income or assets. Payment obligations cannot be
cancelled, and no payments are refundable. You must provide RSWP with valid credit
card information when registering for the Eduify Website and its services, and you
must notify RSWP in advance of any change in that information. Where applicable,
RSWP charges and collects in advance for use of the Eduify Website and its services.
RSWP will automatically renew and bill your credit card or issue an invoice to you
each year on the subsequent anniversary or as otherwise mutually agreed upon. Failure
by RSWP to receive payment in full when due will entitle us to suspend or terminate
your account.
Refusal and Termination of Services
RSWP reserves the right to refuse service to any client at any time and for any
reason. Such refusal may include, but is not limited to, Writing Projects involving
materials that RSWP determines to be violent, obscene, or offensive; to advocate
violent or illegal activity; to contain (or have the potential to contain) any computer
viruses; or to contravene any law, statute, or ordinance; or that otherwise violates
these Terms of Use.
Should any client act in a manner that we determine to be threatening, violent,
disruptive, or offensive toward us, a Service Provider, any contractor, administrator,
another client, or any third party, RSWP reserves the right to terminate any and
all services then in progress prior to its completion, and the client’s account.
[OK?]You further acknowledge and agree that RSWP may terminate your account and
delete Client Documents if you have not used the Eduify Site or its services for
a period of 12 months, or otherwise pursuant to the Fees and Payment Policy.
You may terminate your use of the Eduify Site and its services
at any time. If you are paying for a subscription service, any such termination
is effective only upon written notice to RSWP in accordance with these Terms of
Use. Otherwise, you will be billed, and you will be liable for payment, for such
subscription services in accordance with the Fees and Payment Policy, even if you
actually stop using the Eduify Site and services.
Upon any termination, we will be under no obligation to
provide a monetary refund to the client. If we determine in our sole discretion
that a refund is warranted, in the case of a Writing Project only, we will prorate
the refund in light of the services already performed and will deduct from it any
costs that have been incurred in processing the Writing Project to the point of
termination.
In addition, upon termination, except where we terminate
your account for your breach, non-use or otherwise for cause, we will provide you
with seven (7) days to retrieve Client Documents from the Eduify Site. After such
7-day period, and in all other cases, we reserve the right to permanently delete
all such Client Documents and to terminate your access to and use of the services.
Quality of Service; Limitation of Liability
RSWP will use commercially reasonable efforts to enlist the work of highly qualified
Service Providers to render professional services. Nonetheless, we cannot guarantee
that documents and services will meet all of your expectations, or that document
and services will be entirely error free. While reasonable efforts are made to keep
the Eduify Site accurate and current, RSWP assumes no liability for any inaccuracies
in the Eduify Site or any of its services or for any damages that may result from
the use of information posted on the Eduify Site or any of its services. YOU UNDERSTAND
AND AGREE THAT YOUR USE OF THE EDUIFY SITE AND ALL OF ITS SERVICES IS AT YOUR OWN
RISK. As part of this assumption of risk, you acknowledge and agree that you are
responsible for providing accurate and complete information when submitting your
Writing Project to us and for reviewing all materials returned to you as part of
that project.
Specifically with regard to coaching services and online classes, you agree that
you use these services at your own risk and that RSWP is not responsible for any
problems or legal issues that may arise associated with participation in these services,
the contacts made through these services, or the use of information disseminated
therein.
If you are not satisfied with the services, you are encouraged to immediately inform
RSWP by email at support(at)eduify.com. At no time, however, are we obligated to
issue a monetary refund, nor are we liable for damages in connection with any defect,
perceived or real, in the services rendered.
You understand that the words and opinions of the Service Providers and other clients
and users of the Eduify Site and services are not necessarily those of RSWP, and
RSWP does not and cannot accept responsibility for such words or opinions.
You further agree that neither RSWP nor any Service Provider in any way guarantees
a particular outcome (e.g., grade on a paper, securing admission to an institution,
securing of a job, etc.) as a result of the use of its services.
In accepting these Terms of Use, you expressly agree that you understand the limitations
of liability set forth in these Terms of Use and, further, agrees that you will
not seek damages against RSWP or its agents, suppliers, licensors or Service Providers
for any perceived or real defect in the documents provided or services rendered,
or for any consequences of such a defect.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE, SHALL RSWP OR ANY OF ITS LICENSORS, SUPPLIERS, AGENTS
OR SERVICE PROVIDERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE
EDUIFY SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
In any event, if the above limitations and exclusions are not enforceable or do
not apply, RSWP’s aggregate liability otherwise in connection with the Eduify Site
and its services shall not exceed the amounts, if any, actually paid by you to RSWP
for the Eduify Site and its services in the 12-month period prior to the event giving
rise to such liability.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE EXCLUSIONS AND LIMITATIONS
OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY.
Disclaimer of Warranties
THE EDUIFY SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS
AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, RSWP DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE EDUIFY SITE OR SERVICES,
OR ANY PORTION OF EITHER, WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR
THAT THE SITE, THE SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT
THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT
MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE
OF THE EDUIFY SITE OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY
OR OTHERWISE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RSWP, ANY
AGENT OR ANY SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THESE TERMS OF USE.
Indemnification
You agree to indemnify and hold RSWP, its employees, suppliers, licensors, agents
and its Service Providers (and its and their successors, officers, directors and
employees) harmless from and against any and all claims, demands, costs, liabilities,
judgments, losses, expenses and damages (including attorneys’ fees) arising out
of, in connection with, or related to (a) your use of the Eduify Site or any of
its services, including without limitation any problems arising from technical difficulties
(including, but not limited to, the transmission of computer viruses and the interruption
of services), any fraudulent use of a credit card or other payment method used to
purchase services, or any violation of these Terms of Use; or (b) any Client Documents
or any other data, software, services or other materials that you use in connection
with your access or use of the Eduify Site or services, including without limitation
any claim that such data, software, services or other materials, or any part thereof,
infringes, misappropriates, or otherwise violates any copyright, patent, trade secret,
trademark or other legal right of any third party.
Governing Law; Dispute Resolution
These Terms of Use shall be governed in accordance with the laws of the state of
California, without regard to its principles of conflict of laws. Any dispute, controversy
or claim arising out of or relating to the use of the Eduify Site, any of its services
or these Terms of Use, including any breach thereof, shall be submitted to binding
arbitration administered by the American Arbitration Association under its Commercial
Arbitration Rules. Any arbitration shall be conducted in Palo Alto, California.
Judgment on the award rendered may be entered in any court having jurisdiction thereof.
Without limiting the foregoing, where RSWP or you makes a good faith determination
that a breach of these Terms of Use by the other (including infringement of intellectual
or proprietary rights) is such that a temporary restraining order or other injunctive
relief is the only appropriate and adequate remedy, such action may proceed without
first resorting to arbitration as described herein.
Electronic Communications
The information communicated through the Eduify Site and its services constitutes
an electronic communication. When you communicate with us through the Eduify Site
and its services or the Site or other forms of electronic media, such as e-mail,
you are communicating with us electronically. You agree that we may communicate
electronically and that such communications, as well as notices, disclosures, agreements
and other communications that we provide to you electronically, are equivalent to
communications in writing and shall have the same force and effect as if they were
in writing and signed by us.
Notices and communications to RSWP must be sent to the applicable address given
in this agreement or to: 7195 Hickorywood Ln. Pleasanton, CA 94566.
Jurisdictional Issues
This Eduify Site and its services is controlled and operated by RSWP by its and
its suppliers and licensors offices in the United States. RSWP makes no representation
that materials in the Eduify Site and its services are appropriate or available
for use in all locations worldwide. You are solely responsible for compliance with
local laws, if and to the extent local laws are applicable. Access to the Eduify
Site and its services from jurisdictions where the contents of the Eduify Site and
its services are illegal or penalized is prohibited.
Feedback
If you provide to us in any way any suggestions or comments regarding the Eduify
Site or any of its services, features or aspects, you agree that we (and our providers,
suppliers and licensors) may use, share, commercialize and exploit any and all such
feedback without obligation or liability to you or any third party, in perpetuity.
You agree not to submit any feedback that is subject to any third party rights.
Miscellaneous
These Terms of Use, and documents referenced and incorporated in and made a part
of these Terms of Use, constitute the entire agreement between you and RSWP with
respect to the subject matter hereof, and supersedes any and all prior agreements
and understandings, whether written or oral, between RSWP and you with respect thereto.
The section and paragraph headings appearing in these Terms of Use are inserted
only as a matter of convenience and in no way define, govern, limit, modify or construe
the scope or extent of the provisions of these Terms of Use. As used in these Terms
of Use, the words "including", "for example" and derivatives such as "e.g.," shall
mean "including without limitation".
RSWP Inc reserve the right to make the final decision on whether a specific use
of the system is appropriate and in the spirit of the intended use of the product.
If it is determined that the system was used in an unacceptable manner, then RSWP
Inc reserve the right to cancel the offending account and the owner of the offending
account may be responsible for any damages their action may cause.
You agree that the terms of the Uniform Computer Information Transactions Act, to
the extent applicable to the Website and your access and use thereof, if at all,
shall not apply to these Terms of Use. If any term(s) of these Terms of Use are
deemed invalid, void or for any reason unenforceable, such term(s) shall be deemed
severable and shall not affect the validity and enforceability of the remaining
terms of these Terms of Use. No waiver of any of any right under these Terms of
Use shall be deemed to be a waiver of any preceding or subsequent right or other
provision and no delay or omission in exercising any such right shall be deemed
a waiver of such right.
A printed version of these Terms of Use and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or relating
to these Terms of Use, to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in printed
form.
You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to these Terms of Use or your access to and
use of the Eduify Site and its services must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
These Terms of Use are personal to you and you may not assign these Terms of Use,
or your rights or obligations hereunder, to any third party, without RSWP’s consent.
Any attempted assignment in contravention of these Terms of Use will be null and
void. Any provision of these Terms of Use (including all other incorporated terms,
conditions, rules, guidelines and requirements) intended by its terms to survive
the expiration, termination or cancellation of your relationship with RSWP and the
Eduify Site and its services, or of the expiration, termination or cancellation
the Eduify Site operations, including its product, services and activities, shall
survive any such expiration, termination or cancellation.