Terms and Conditions of Use
Modified on 2/16/2015
“Website” means www.ultius.com, “Customer,” “You,” “Your” or “Yours” means and refers to You and/or any other person or entity submitting an Order to the Website or otherwise to the Company on Your behalf. “Company,” “We,” “Us,” or “Our,” means and refers to Ultius, Inc., a Delaware corporation duly organized under Delaware law, and www.ultius.com, a website wholly owned and operated by Ultius, Inc., “Product” or “Order” means any transaction that You make with and/or submit through the Website or otherwise to the Company.
Your use of this Website constitutes Your agreement to the terms and conditions set forth herein, and each and all of them (the “Terms and Conditions”). If you do not agree with any of these Terms and Conditions, do not use Our Website or the services provided herein and/or by the Company. In placing an Order with our Website and/or otherwise with the Company, You are acknowledging that You have read and fully understand these Terms and Conditions and Our Fair Use Disclaimer, the terms of which are incorporated herein. By submitting an Order and/or payment, You are agreeing to be legally bound by these Terms and Conditions, including the Fair Use Disclaimer, which form the entire agreement between You and the Company, and by using Our Website or any of Our services, You are warranting to the Company that You are at least eighteen (18) years of age, and are legally capable of entering into a legal contract.
By submitting an Order and/or payment, You are purchasing a limited personal non-transferable license from the Company for a single use of the Product for Your own personal, noncommercial use only, which limited license, and any rights associated therewith are not assignable or otherwise transferable by You. You may not under any circumstances resell or transfer any rights to the Product to any person or entity, and any such sale or transfer is void and of no force or effect, and any attempt to do so will constitute a violation of these Terms and Conditions. All Products and all intellectual property rights inherent therein, derived therefrom and appurtenant thereto are and at all times remain owned by the Company, and to the extent any Products are created by freelance writers, such writers have transferred all ownership, rights, title and interest, if any, regarding the Products to the Company. Payments for all Products are non-refundable and come with no warranties, expressed or implied, except as otherwise set forth below or on the Website.
Our services reflect Our ability to comply with the specific instructions and details that You include in Your Order form. Performance on Our end requires Us to fully comply with Your instructions and deliver the final product based on Your submitted deadline. If We do not, a refund may be provided. Refunds will only be given if Your final product does not comply with the instructions that You have provided for Us. Please note that all refunds are subject to approval by the Company. We may choose to decline a refund at Our sole discretion.
Copyright and Personal Use
The Products delivered to You are completely original in compliance with general academic requirements, and are and remain the property of the Company, and You agree and warrant that they are intended only for Your own personal use, and they shall not be copied, reproduced, republished, posted, displayed, transmitted, downloaded or uploaded and/or distributed by You in any manner or respect whatsoever. We retain the right to resell, reuse, replicate and/or re-distribute the Products at Our own sole discretion. We retain full ownership of the intellectual property that Our Writers create in producing the Products, if any, including all rights inherent therein, derived therefrom and appurtenant thereto and thus can use it for Our own purposes. All materials of any kind whatsoever provided to You by the Company through the Website and/or Our services, including all information, graphics, logos, documents and images, are and at all times remain the property of the Company.
Free Revision Policy
Should You have a legitimate concern regarding a purchased Product, You will have a period of seven (7) days within which to request a free revision in accordance with the revision procedures set forth on the Website. This is a service that We provide to help ensure Your total satisfaction with Your completed Order. To receive this free revision, it is mandatory that You contact the Company within seven (7) days after You have received the Product created for Your Order. The Company will only give You a free revision should we find Your request valid. This policy will not extend past this seven (7) day time period. In addition, should Your concern regarding a purchased Product or Your request for a revision not be deemed legitimate under Your Order and the Company’s policies regarding completion of Orders set forth in these Terms and Conditions, and within the Company’s sole discretion, and should You nevertheless wish a revision to be made, the Company will advise You of the cost of the revision before commencing work. All revisions will be returned to You within three (3) days of the Company accepting Your request, unless the number of pages or extent of revisions require otherwise, in which case the Company will advise You of the appropriate time period for delivery of the revisions to You. You may request further free revisions should You have a further legitimate concern regarding the final Product, but the validity of the request is again subject to the Company’s sole discretion regarding the validity of Your concern. For Your information, based on Our experience, and the vast experience of Our writers, we normally consider any requests for more than three (3) successive free revisions to be excessive without extenuating circumstances. You can always request additional revisions according to the applicable rate, and the Company will provide a quote for revisions.
Our Website’s message system is an easy and convenient method, and the primary way to communicate with the writers and the Company. Writers and the Company use the message system to make requests to You for a variety of reasons affecting the processing and completion of Your Order. It is solely Your responsibility to check the message system to address any questions, concerns, or additional instructions needed by the Company and/or the Writer regarding Your Order. Your failure to check the message system may result in the Company’s discretionary refusal to supply free revisions and shall not constitute valid or reasonable grounds for a free revision of any kind. Refunds will only be given if Your final product does not comply with the instructions that You have provided for Us. Please note that all refunds are subject to approval by the Company. We may choose to decline a refund at Our sole discretion.
In the event that the sources required for Your order are rare, obscure, not open sourced or readily available to the general public, it is Your responsibility and You hereby agree to provide those materials at the time You place Your Order. Failure to do so will result in a violation of these Terms and Conditions and the Company may in its sole discretion take whatever action it deems necessary to address said violation, including, but not limited to refusal to complete Your Order at all or within the agreed time frame, refusal to fully comply with agreed page requirements of Your Order, and/or refusal to offer free revisions and/or any refund.
By using Our Website and/or services, You agree that neither the Company nor any of its affiliates and/or partners, writers, employees, contractors, officers or shareholders shall be liable for any unethical, inappropriate, illegal, or otherwise wrongful use of the Products and/or other written material received from Our Website. This includes plagiarism, lawsuits, poor grading, expulsion, academic probation, loss of scholarships/awards/grants/prizes/titles/positions, failure, suspension, or any other disciplinary or legal actions against You or any other party or person. You are solely responsible for any and all disciplinary or other actions arising from the improper, unethical, and/or illegal use of a Product sold, and You hold the Company, its affiliates and/or partners, writers, employees, contractors, officers or shareholders and any other person or entity involved with Your product harmless from any and all claims, suits or demands, including attorney's fees, made by any party, including You, due to or arising out of Your utilizing Our Product and/or services, Your violation or breach of these Terms and Conditions, Your violation of any rights of a third party, or any other act or omission by You.
Privacy & Security
Although this Website may be linked to other Websites, We do not endorse, approve, certify or sponsor the linked sites unless specifically stated. The Company is not the owner of, does not control and is not responsible for any content of any site linked to this Website. Your linking to other websites is at Your own risk.
Ultius Identity Verification
In the case of certain orders, we may ask you to verify your payment method and/or identification. We would only do this for the sake of making sure that you are the actual cardholder for the payment that you made. We hold on to such verification data for up to ninety (90) days and then destroy it. For more detailed information about our Ultius Identity Verification (UIV) process, click here.
THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE OPERATION OF OUR SERVICE TO YOU OR OUR WEBSITE, INCLUDING THAT THE WEBSITE AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION, OR OTHER CONTENT PROVIDED IN CONNECTION WITH OUR SERVICE TO YOU OR THE PRODUCT OR YOUR ORDER OR AS OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT.
Limitation of Liability, Release, Hold Harmless
You agree to release and hold the Company and its employees, contractors, officers, directors, shareholders, agents, representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, any third-party providers or sources of information or data and legal advisers (the "Company's Affiliates") harmless from any and all losses, damages, rights, claims, and actions of any kind whatsoever arising from or related to the Products, including but not limited to: (i) telephone, electronic, hardware or software, network, Internet, email, or computer malfunctions, failures, faults, defects or difficulties of any kind; (ii) failed, incomplete, garbled or delayed transmissions via computer, telephone, mobile phone or otherwise transmitted; (iii) any condition caused by events beyond the control of the Company that may result in the Product being delayed, disrupted, incomplete, or corrupted; (iv) any injuries, losses or damages of any kind whatsoever arising in connection with or as a result of utilizing Our services; or (v) any printing or typographical errors in any materials associated with our services. In addition, You agree to defend, indemnify, and hold the Company and Company's Affiliates harmless from any claim, suit or demand, including attorney's fees, made by You or a third party due to or arising out of Your utilizing Our services, Your violation or breach of these Terms and Conditions, Your violation of any rights of a third party, or any other act or omission by You.
(1) Any controversy, dispute or claim arising out of or relating to Your Order from the Company shall be determined by mandatory binding arbitration between the Company and You, with three arbitrators, to be administered by the American Arbitration Association in accordance with the rules of the American Arbitration Association. The said arbitration shall be conducted in English and shall be confidential in order to provide protection for Your privacy and for the Company’s confidential information, and for the rights, property and matters set forth in these Terms and Conditions. Accordingly, except as may be required by law, neither You nor the Company or any other party to the arbitration, nor Your or Our or their representatives may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of all parties. You and the Company specifically agree that the proper place for any such arbitration is Wilmington, Delaware. You and the Company hereby agree that any party herein shall have the right to seek any emergency and/or interim relief, including injunctive relief, under American Arbitration Association rules. In any arbitration under these Terms and Conditions, You agree to accept service of process by mail at the address You use in Your Order (or at any different address of which You have notified the Company in writing). In any action in which service of process is made pursuant to this paragraph You and the Company each waive any challenge to the personal jurisdiction of the American Arbitration Association in Wilmington, Delaware. Any judgment on any award rendered by the arbitrators may be entered in any court or tribunal having jurisdiction thereof.
(2) There shall be no right or authority under these Terms and Conditions for any dispute, controversy or claims to be arbitrated on a class action basis, and You and the Company hereby specifically give up and waive any right to bring any claim under these Terms and Conditions as a member of a class on a class or group action basis in any tribunal. It is Your and the Company’s intention under these Terms and Conditions that any and all actions on disputes, controversies and/or claims hereunder are to be only between You and the Company in our personal capacities and not as members of any class, group or representative proceeding.
Delaware Governing Law
You understand, acknowledge and agree that, irrespective of the place at which any services provided to You by the Company under Your Order and/or these Terms and Conditions are actually performed, all rights and obligations hereunder, including, without limitation, matters of construction, validity, application and performance under these Terms and Conditions shall be, and these Terms and Conditions are made under, governed and controlled by and construed in accordance with, the internal law of the State of Delaware, without regard to any principles of conflict of laws.
To the extent any provision of these Terms and Conditions or part thereof shall be found invalid or unenforceable, it shall be considered deleted herefrom and the remainder of such provision or provisions of these Terms and Conditions shall be unaffected and shall continue in full force and effect as though such provision or provisions or part thereof were not contained herein. In furtherance and not in limitation of the foregoing, You and the Company agree that the appropriate tribunal shall have the power to reform any of the provisions herein as aforesaid.
Consent to Personal Jurisdiction in Delaware
You agree that arbitration and all other legal actions, if any, to the extent permitted hereunder regarding these Terms and Conditions and/or Your Order shall be filed and heard in, Wilmington, New Castle County, in the State of Delaware and the You hereby consent to such personal jurisdiction and venue in Wilmington, New Castle County, in the State of Delaware, waiving any and all objections thereto.
Acknowledgement of Your Acceptance of Terms and Conditions
By using the Website or any of Our services, or by making a payment to the Company You acknowledge that You have read these Terms and Conditions, and You agree to be and are bound by them.