End User License Agreement
Enable Training and Consulting, Inc Online End User License Agreement v1- 1
ENABLE TRAINING AND CONSULTING, INC.
ONLINE END USER LICENSE AGREEMENT
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PLEASE READ THIS ONLINE END USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE USING ANY OF THE WRITING AND EDITING SERVICES OFFERED BY ENABLE TRAINING AND CONSULTING, INC. (“ETC”) DESCRIBED BELOW. BY USING THE SERVICES YOU ACKNOWLEDGE THAT YOU READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND POLICY, YOU MUST PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE SERVICES.
1. Payment.: You agree to pay the selected price for your order. Enable Training and Consulting does not condone the fraudulent use of stolen credit cards or information, and we use Pay Pal to ensure safe, secure online payment. We reserve the right to refuse service to any customer we believe to be engaging in unlawful practices. With respect to student pricing, customers must demonstrate sufficient evidence that they are still students, or within 1 calendar year of graduation. If such evidence is lacking, we reserve the right to stop work on a project until proper payment has been made. Enable Training and Consulting agrees to send prompt email correspondence to customers whenever such matters arise. Payments not paid when due shall be subject to late charges equal to the lesser of (i) one and one-half percent (1.5%) per month of the overdue amount or (ii) the maximum amount permitted under applicable law. You agree to pay all attorneys’ and collection fees arising from efforts to collect any past due amounts from you.
2. Restrictions On Use: All pages within this Website and any material made available for download (collectively the “Website”) are the property of Enable Training and Consulting, Inc. and/or its affiliates. The Website is protected by federal and international copyright and trademark laws and no portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express prior written permission of ETC. Access to the Website is for your own personal use and may not be shared with any third party. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable End User License Agreements. Any rights not expressly granted by these Terms and Conditions or any applicable End User License Agreements are reserved by ETC.
3. Website Availability: ETC’s Website will be accessible to you via the World Wide Web portion of the Internet twenty-four (24) hours a day, seven (7) days a week, except for scheduled maintenance and required repairs, and except for any loss or interruption of Services due to causes beyond the control of ETC or which are not reasonably foreseeable by ETC, including, but not limited to, interruption or failure of telecommunication or digital transmission links and Internet slow-downs or failures.
4. Modifications and Changes to Services and/or Website: The software, content, availability and access and all other features, attributes or aspects of the Services and Website are subject to change, modification, additions or deletions at any time without notice in ETC’s sole discretion.
5. Links or Pointers to Other Sites: ETC makes no representations whatsoever about any other website that you may access though this Website. When you access a non-ETC Website, you understand that it is independent from ETC and ETC has no control over the content on that website. In addition, a hyperlink to a non-ETC website does not mean that ETC endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
6. Your Responsibilities: You agree to comply with our Terms of Use and all applicable laws and regulations, including, but not limited to, those related to pornography, obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. You agree to notify ETC promptly if you suspect unauthorized use of your account. Until you notify ETC, you remain solely responsible for such unauthorized use and any damages that may result therefrom. You further agree to notify ETC immediately in the event you become subject to any lawful order or process that would prohibit or limit your use of the Service. As a condition of your use of this Website, you warrant to ETC that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
7. Prohibited Activities: You may not modify, reverse engineer, or decompile the Software or Services or create derivative works based on the Software or Services. You may not distribute, rent, lease, sell, license, or otherwise transfer rights in the Services to any other person or entity or make any other commercial use of the Services. Except for downloading of project files, which is authorized, you may not save the Software to your computer or any other storage medium. You may not violate any security or corrupt the Website in any way.
8. Disclaimer of Warranties: Enable Training and Consulting does not make guarantees concerning employment or publication resulting from the documents we edit and produce. We do not have agreements with specific publishers, agents or employers. Client information and documents submitted to Enable Training and Consulting will remain confidential, and will not be distributed. In all cases, copyright of submitted material remains with the client. We do not condone the use of any material for the purposes of fraud, copyright infringement or academic dishonesty. The accuracy of the material and information provided is the responsibility of the customer, and we assume no liability for misuse or misrepresentation. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ETC OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE SERVICES. ETC IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
9. Limitation of Liability: IN NO EVENT SHALL ETC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, LOSS OF DATA, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF OR RELATED IN ANY WAY WITH TO THIS AGREEMENT OR THE SERVICES, OR FOR ANY CLAIM BY ANY THIRD PARTY (INCLUDING FOR INTELLECTUAL PROPERTY INFRINGEMENT), EVEN IF ETC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF ETC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO ETC IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY.
10. Exclusive Remedy: Your sole right and exclusive remedy for breach of this Agreement by ETC if you are dissatisfied for any reason with the Services is to terminate this Agreement as provided in this Agreement.
11. Timelines: We at Enable Training and Consulting endeavour to provide quality writing and editing services to our customers, and allow you seven days after the electronic return of a document to consult with us. After this period, additional consulting services must be purchased on an hourly basis, at the rates stated in our price list. Unless otherwise discussed, work must be submitted through our website, and will be returned as a Word document to the email address indicated in your registration information, within the time period indicated on our website.
12. Choice of Law, Venue and Jurisdiction: This Agreement is entered into in the Province of Ontario and shall be governed by and construed in accordance with the laws of the Province of Ontario, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction and venue of the provincial and federal courts sitting in the Province of Ontario, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary, so that the remaining terms and conditions shall otherwise remain in full force and effect.
13. General Terms: Your rights and obligations under this Agreement may not be assigned or transferred without the written permission of ETC and any assignment or transfer in violation of this provision shall be null and void. If any provision of this Agreement is determined to be invalid, all other provisions will remain in force. Notice or other communication between you, and ETC may be given by conventional first-class mail or by email. Notices sent by first-class mail are effective on the fifth day after mailing. Notices sent by email are effective the next business day after they are sent. YOU ACKNOWLEDGE THAT YOU HAVE READ AND ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF THE USE POLICY, YOU MAY CHOOSE NOT TO BECOME A USER OF THE SERVICES.
By purchasing and/or using content from you acknowledge that you have read and agree to the End User License Agreement, Return Policy, Privacy Policy, Terms of Use, and Subscription Services Warranty. All referenced documents are available at www.lvmastery.com/legal