Terms of Use

FreelanceWriting.com

TERMS OF USE

Version Date: April 6, 2017

Your use or access of any part of this website signifies your acceptance of these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY.

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“user” or “you”), and Freelance Writing LLC (“we” or “us” or “our”) concerning your access to and use of the www.freelancewriting.com website, as well as any other media form, media channel, mobile website, or mobile application related, linked or otherwise connected thereto (collectively, the “Site”). The Site provides a platform where users seeking written content can find and connect with available writers (the “Services”). These Terms of Use apply to all users of the Site, including without limitation, customers, clients, writers, content contributors, and advertisers. Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. You agree that by using the Site and/or the Services, you have read, understood and agree to be bound by all of these Terms of Use.  IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND THE SERVICES, AND YOU MUST DISCONTINUE USE IMMEDIATELY.  

The Site is intended for users who are at least 18 years old. Persons under the age of 13 are not permitted to register for the Site or use the Services.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and the Services are our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned by or licensed to us and are protected by copyright and trademark laws and other various intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content on the Site is provided to you “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site or the Services and no Content or Marks may be copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, encoded, translated, sold, licensed, or otherwise exploited for any commercial purposes whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the Services, and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. We reserve all rights not expressly granted to you in and to the Site, the Services, the Content, and the Marks.

MARKETPLACE

The Site provides an online marketplace to connect writers, content providers, content editors, and other contributors (each a “Writer” and collectively, the “Writers”) with companies, people, and other customers seeking written content (each a “Client and collectively, the “Clients”) for blog contributions, newsletters, product descriptions, white papers, press releases, and other written content (each a “Project” and collectively, the “Projects”).

WRITER REGISTRATION

To access the Services as a Writer, you must first register with the Site. By registering with the Site as a Writer, you represent and warrant that (1) all registration and profile information you submit will relate to you and not a third party, and will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information to keep it true, accurate, current, and complete; (3) you will keep your password confidential and will be responsible for all use of your password and account; (4) you are a U.S. citizen (5) you are not a minor in the jurisdiction in which you reside; (6) you have the legal capacity to and you agree to comply with these Terms of Use; (7) you will not access the Site through automated or non-human means, whether through a robot, script, or otherwise; (8) you will not register for more than one account; (9) you will not use the Site or the Services for any illegal or unauthorized purpose; and (10) your use of the Site or the Services does not violate any applicable law or regulation.

We may at any time verify your identification, including by requiring a copy of a government-issued photo ID, a credit card or billing statement, a tax receipt, and/or any postmarked business mail or by using a third party identification service.

Upon registering with the Site, you will be given an assessment, which may include completing an exam, submitting writing samples, and/or providing any other content we may require in order to evaluate your writing skills. We reserve the right to change this assessment process at our sole discretion at any time. We may reject your assessment and terminate your account at our sole discretion and without liability or explanation to you.

If we determine to accept you as a Writer, you must complete a public profile on the Site, which you consent to be shown on the Site. You also consent to certain profile information being displayed publicly, unless you otherwise indicate in your profile settings or by contacting use using the contact information provided below.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

INDEPENDENT CONTRACTOR

By registering as a Writer with the Site, you agree that you are an independent contractor working for the Client and not, for any purpose, our employee. You agree that (1) you do not have any authority to enter into agreement or contracts on our behalf; (2) you will not represent to any party that you have any authority to enter into agreements or contracts on our behalf; (3) you are not entitled to any benefits that are offered to our employees, such as medical insurance and retirement plans; (4) we are not obligated to pay worker’s compensation insurance, unemployment compensation, social security tax, or any other taxes or withholdings for or on your behalf; and (5) you are solely responsible for filing and paying any required federal, state, or local tax returns with respect to the receipt of payment from your use of the Services.

Nothing contained in these Terms of Use shall be deemed or construed to create a partnership, joint venture, or any other fiduciary relationship between you and us.

CLIENT REGISTRATION

To access the Services as a Client, you must first register with the Site. By registering with the Site as a Client, you represent and warrant that (1) all registration information you submit will relate to you and not a third party, and will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information to keep it true, accurate, current, and complete; (3) you will keep your password confidential and will be responsible for all use of your password and account; (4) you are not a minor in the jurisdiction in which you reside; (5) you have the legal capacity to and you agree to comply with these Terms of Use; (6) you will not access the Site through automated or non-human means, whether through a robot, script, or otherwise; (7) you will not use the Site or the Services for any illegal or unauthorized purpose; and (8) your use of the Site or the Services does not violate any applicable law or regulation.

We may at any time verify your identification, including by requiring a copy of a government-issued photo ID, a credit card or billing statement, a tax receipt, and/or any postmarked business mail or by using a third party identification service.

If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

CLIENT PURCHASES AND PAYMENTS

You may submit requests for Projects on the Site through your account, by providing the type of product you are requesting and detailed information regarding the work being requested. By submitting a request for a Project, you represent and warrant that:

1. the Project and requested content shall not be homework, exams, or other academic papers or materials;
2. the Project and any requested content are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
3. the Project and any requested content do not ridicule, mock, disparage, intimidate, or abuse anyone;
4. the Project and any requested content do not advocate the violent overthrow of any government;
5. the Project and any requested content do not incite, encourage, or threaten physical harm against another;
6. the Project and any requested content do not violate the privacy or publicity rights of any third party;
7. the Project and any requested content do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
8. the Project and any requested content do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
9. the Project and any requested content are not pyramid schemes, chain letters, spam, or other unsolicited advertising or promotional materials;
10. the Project and any request content do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.

Fees are charged per Project, based on a variety of factors, and includes a service fee payable to us. Payments must be made immediately upon submitting a Project to the Site. You agree to pay all charges at the stated prices for any Projects that you submit. You authorize us to charge your chosen payment provider for any such purchases. Sales tax will be added to the price of purchases as deemed required by us.If your purchase is subject to recurring charges, then you consent to us charging your payment method in advance on a recurring basis, without requiring your prior approval for each recurring charge. Recurring charges for Projects will continue until you notify us of your cancellation. All payments shall be in U.S. dollars.

You agree to provide current, complete, and accurate purchase information for all purchases made via the Site. You further agree to promptly update your account and financial information, including payment method and credit or debit card expiration date, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any Project submitted through the Site. We also reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

PROJECT REVISIONS AND COMPLETION

You are entitled to request a total of two revisions by the Writer on each Project. You must submit any revision requests within 8 days after receiving a draft. If you do not request a revision within 8 days of receiving a draft, the Project will automatically be deemed to be complete and closed.

CANCELLATIONS AND REFUNDS

You can cancel a Project at any time for a full refund, ONLY IF a Writer has not already accepted the Project. Once a Writer has accepted your Project or begun work on your Project, you cannot cancel your Project. If no Writer accepts your Project within 5 days after submission, you may receive a full refund on your payment.

All Projects are entitled to two revisions by the Writer before final acceptance by you of the Project. If you are not satisfied with the Services or believe there has been an error in billing, please contact our Customer Service Department by emailing us at [email protected].

PAYMENTS TO WRITERS

Writers will be paid on a per Project basis on the 1st and 15th of every month, provided that the Writer’s eligible balance is greater than $10. Eligible balances are the sum of the price for all Projects that the Writer has completed during the period, less our standard service fees. Eligible balances will be calculated on the 5th and the 20th of every month.

All payments to Writers will be made through PayPal. Therefore, in order to receive payment for your work, you must have a registered account with PayPal. In addition, you may be required to submit a Form W-9 or any other documentation necessary to process payment to you.

You will not be paid for any Projects that are not completed within the required time frame or that are reasonably rejected by the Client. If you fail to deliver on a Project as required under these Terms of Use, we reserve the right to deduct as a penalty up to 10% of the Project price from any eligible balance that is owed to you.

We reserve the right to adjust our fees at our discretion at any time.

WRITER SUBMISSIONS

Writers will submit all text, writings, articles, blog posts, papers, newsletters, press releases, video, audio, photographs, graphics, comments, and other written material in connection with the initial assessment and any Projects, (each a “Submission” and collectively, “Submissions”) through the Site. By submitting a Submission you represent and warrant that:

1. you are the creator and owner of the Submission, and the Submission will be an original work and will not be plagiarized, copied, replicated, or forged in any manner;
2. the Submission conforms to the requirements set forth in the initial assessment or the Project description and the conditions set forth in these Terms of Use;
3. the Submission does not contain false, inaccurate, or misleading material;
4. the Submission does not contain unsolicited or unauthorized advertising or promotional materials,
5. the Submission does not and will not infringe the proprietary rights, including but not limited to, the copyright, patent, trademark, trade secret, or moral rights of any third party;
6. the Submission is not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us);
7. the Submission does not ridicule, mock, disparage, intimidate, or abuse anyone;
8. the Submission does not advocate the violent overthrow of any government;
9. the Submission does not incite, encourage or threaten physical harm against another;
10. the Submission does not violate the privacy or publicity rights of any third party;
11. the Submission does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
12. the Submission does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
13. the Submission does not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.

Upon accepting a Project, you agree (1)  to contact the Client within 30 minutes of acceptance; (2)  to submit a first draft Submission within 3 days of acceptance; (3)  to submit a second draft Submission within 5 days after receiving a request for revisions from the Client; and (4)  to submit a final draft Submission within 5 days after receiving a second request for revisions from the Client.

We may, and you consent to allowing us to, use any form of plagiarism software on your Submission to check for authenticity. We reserve the right to review and reject any Submission

Any failure to perform the obligations set forth in these Terms of Use shall count as a violation against your account. We reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) if you accumulate multiple violations.

SUBMISSIONS LICENSE

You acknowledge and agree that each Submission is, to the extent permitted by law, a “work made for hire” within the definition of Section 101 of the Copyright Act of 1976, as amended (the “Copyright Act”), and each Submission and any resulting intellectual property rights will be the sole and exclusive property of us or the Client. If the Submission is not considered a “work made for hire” under the Copyright Act, you automatically assign to us or the Client all of your rights, title, and interest in and to the Submission.

EXCLUSIVITY

You agree that for a period of 2 years after first connecting with a Writer or a Client through the Site or the Services, you will use the Site and the Services as your exclusive method of requesting or receiving work, making or receiving payments, or making or receiving any communications with that other party regarding any work, directly or indirectly, with that other party resulting from the relationship created on the Site. You will not attempt to circumvent the Site and our fees. You agree to notify us immediately if any Writer or Client attempts to contact or pay you outside of the Site.

If you violate this exclusivity provision in these Terms of Use, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal and injunctive redress.

DISPUTES BETWEEN CLIENTS AND WRITERS

The Site and the Services are merely a platform for connecting Clients and Writers. You are solely responsible for your interactions with other users. We have no liability for your interactions with other users, and you agree to release us from any claims, demands, or damages arising out of any dispute with another user. We reserve the right, but have no obligation, to monitor any disputes between you and other users.

EMAIL COMMUNICATIONS

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirements that such communication be in writing.

PROHIBITED ACTIVITIES

You may not access or use the Site or the Services for any purpose other than that for which we make them available. The Site is for your personal use only and may not be used in connection with any commercial endeavors, except those that are specifically endorsed or approved by us.

As a registered user of the Site, you agree not to:

1. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us;
2. make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses;
3. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein;
4. engage in unauthorized framing of or linking to the Site;
5. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
6. make improper use of our support services or submit false reports of abuse or misconduct;
7. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;
8. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
9. attempt to impersonate another user or person or use the username of another user;
10. sell or otherwise transfer your profile;
11. use any information obtained from the Site in order to harass, abuse, or harm another person;
12. use the Services as part of any effort to compete with us or to provide services as a service bureau;
13. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;
14. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;
15. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you;
16. delete the copyright or other proprietary rights notice from any Content;
17. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;
18. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;
19. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);
20. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software;
21. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site; and
22. use the Site in a manner inconsistent with these Terms of Use or any applicable laws or regulations.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, participate in, or comment on blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or via the Site, including without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions, or personally identifiable information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and the Services and through third party websites.  As such, any Contributions you transmit will be treated as non-confidential and non-proprietary.  When you create or make available Contributions, you thereby represent and warrant that:

1. the creation, distribution, transmission, public display and performance, accessing, downloading, and copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to, the copyright, patent, trademark, trade secret, or moral rights of any third party;
2. you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions;
3. you have the written consent, release and/or permission of each and every identifiable individual person in your Contributions to use his or her name or likeness to enable inclusion and use of your Contributions in the manner contemplated by the Site;
4. your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous or otherwise objectionable (as determined by us);
5. your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone;
6. your Contributions do not advocate the violent overthrow of any government;
7. your Contributions do not incite, encourage, or threaten physical harm against another;
8. your Contributions do not violate the privacy or publicity rights of any third party;
9. your Contributions are not false, inaccurate, or misleading;
10. your Contributions are not unsolicited or unauthorized advertising, promotional materials,
11. your Contributions do not contain material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner;
12. your Contributions do not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
13. your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
14. your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.

We are not liable for any statement, representation, or Contributions provided by you in any area of the Site.  Any use of the Site or the Services in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Services.  Although there is no obligation to do so, we reserve the right, in our absolute and sole discretion, to delete or edit any Contributions at any time or for any reason without notice.  We have no obligation to monitor your Contributions.

CONTRIBUTION LICENSE

By posting Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to (1) host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt, and distribute such Contributions, in whole or in part, (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise; (2) prepare derivative works of, or incorporate into other works, such Contributions; and (3) grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.  You agree to waive all moral  rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions. We do not assert any ownership over your Contributions.  You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions.  You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.  

We have the right, in our sole and absolute discretion, to (1) edit, redact, or otherwise change any Contributions; (2) re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) pre-screen or delete any Contributions that are determined to be inappropriate.

REVIEWS

You acknowledge and agree that by submitting a review to us, you grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, sub-licensable right and license to reproduce, modify, translate, transmit, display, perform, and/or distribute the review, in whole or in part. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.

GUIDELINES FOR REVIEWS

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers the reviews to be objectionable or inaccurate.  When posting a review, you must comply with the following criteria (1) you should have firsthand experience with the subject being reviewed; (2) your reviews should not contain profanity or offensive, abusive, racist or hate language, discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation or disability, or references to illegal activity; (3) you should not be affiliated with competitors if posting negative reviews; (4) you should not make any conclusions as to the legality of conduct; and (5) you may not post any false statements or organize a campaign encouraging others to post reviews, whether positive or negative. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.

USER FEEDBACK

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site or the Services (the “Feedback”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of the Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback is original with you or that you have the right to submit such Feedback. You agree that there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in your Feedback.

PRIVACY

We care about the privacy of our users. Please carefully read and review our Privacy Policy. By using the Site or the Services, you agree to be bound by our Privacy Policy, which is incorporated by reference into these Terms of Use.  Please be advised that the Site and the Services are hosted in the United States.  If you access the Site or the Services from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your use of the Site or the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.

SITE MANAGEMENT

We reserve the right, but do not have the obligation to (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion, and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Services.

CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others and respond to notices of alleged copyright infringement that comply with applicable law. We will remove any infringing materials from the Site, and, in appropriate circumstances, we will disable or terminate accounts of repeat infringers according to the process set out in the Digital Millennium Copyright Act.  If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our designated copyright agent at:

Freelance Writing LLC

Attn: Copyright Agent

10929 Wickshire Way

North Bethesda, MD 20852

Email: [email protected]

Please see 17 U.S.C. § 512(c)(3) for the proper takedown notification requirements and include all required information in your notice. If you knowingly misrepresent in your notification that the material is infringing, you will be liable for any damages, including costs and attorney’s’ fees, incurred as the result of our reliance on your misrepresentation in removing or disabling access to such material.

THIRD PARTY WEBSITES AND CONTENT

The Site contains (or you may be sent through the Site or the Services) links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third Party Sites or Third Party Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Sites or Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access any Third Party Sites or to use or install any Third Party Content, you do so at your own risk, and you should be aware that our Terms of Use and policies no longer govern. You should review the applicable terms of use and policies, including privacy and data gathering practices, of any Third Party Sites to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third Party Sites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from Third Party Content or any contact with Third Party Sites.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site or the Services or are otherwise a user or member of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION, AND WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU HAVE UPLOADED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site or any of the terms or conditions contained in these Terms of Use at any time or for any reason, in our sole discretion, without notice.  However, we have no obligation to update any information on the Site. We also reserve the right to modify or discontinue all or part of the Services at any time or for any reason, in our sole discretion, without notice. We will alert you about any changes by updating the “Version Date” of these Terms of Use.  Any changes or modifications will be effective immediately upon posting the updated Terms of Use on the Site, and you waive any right to receive specific notice of each such change or modification. Your continued use of the Site or the Services after such posting means you accept and agree to be bound by the modified Terms of Use. We encourage you to periodically review these Terms of Use to stay informed of updates. You agree to be responsible for monitoring changes to the Site or the Services.

We cannot guarantee that the Site and the Services will be available at all times. We may experience hardware, software, or other problems, or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Services at any time or for any reason, without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Services during any downtime or discontinuance of the Site or the Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Services, or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW AND VENUE

These Terms of Use and your use of the Site and the Services are governed by and construed in accordance with the laws of the State of Maryland, excluding such state’s conflicts of laws rules. Any legal action of whatever nature by or against us arising out of or related in any respect to the Site or the Services shall be brought solely in the applicable federal or state court located in or with jurisdiction over Montgomery County, Maryland. You and we hereby consent to (and waive any challenge or objection to) personal jurisdiction and exclusive venue in such federal and state courts. In no event shall any claim, action, or proceeding by you related in any way to the Site or the Services be instituted more than two (2) years after the cause of action arose. You will be liable for any attorneys’ fees and costs if we have to take any legal action to enforce these Terms of Use.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

DISCLAIMERS

THE SITE AND THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE OR THE SERVICES. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF THE CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE SERVICES; (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED, TO OR THROUGH THE SITE OR THE SERVICES BY ANY THIRD PARTY; AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT, MATERIALS, OR SERVICES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE OR THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATIONS OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT OF SERVICE FEES RETAINED BY US IN CONNECTION TO YOUR PROJECTS DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

Because some states or jurisdictions do not allow exclusions as broad as those stated above or limitations of liability for consequential or incidental damages, the above limitations may, in whole or in part, not apply to you, and you may have additional rights.

INDEMNITY

You agree to defend, indemnify, and hold us harmless, including our subsidiaries and affiliates, and our respective officers, agents, partners, and employees, from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) your use of the Site and/or the Services; (2) your Projects, Submissions, and/or Contributions; (3) a breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; or (5) your violation of the rights of a third party, including but not limited to, intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC TRANSACTIONS AND SIGNATURES

YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.  You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which requires an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits other than by electronic means. Signatures and identities are not authenticated on the Site.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site constitute the entire agreement between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

CONTACT US  

In order to receive further information regarding the Site or use of the Services, please contact us at:

Freelance Writing LLC

3422 Old Capitol Trail PMB# 793

Wilmington, DE  19808

Email: [email protected]