Terms & Conditions

Last updated: Dec 5, 2018.

If you are looking for “terms & conditions” for customers, you can find it here.

PLEASE READ THE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

These Terms of Services (“ToS”) form an agreement between you (“you”, “User” or “Writer”) and FrogProg Limited (“Company”, “we,” or “us”), the owner of the essayshark.com (“Website”). This Website is aimed to render paper writing services to the Company’s Customers (defined below) created by Writers (defined below).

You must read, agree to, and accept all of the provisions of TOS located at any part of the of the Website, to be a User of our Website.

These TOS include and hereby incorporates by reference the following important documents, as they may be in effect and modified from time to time: Cookie Policy, Privacy Policy, other rules and instructions in “Policies” section (“related documents”). Subject to the conditions set forth herein, Company may, in its sole discretion, amend these documents at any time by posting a revised version on the Website. Company will provide reasonable advance notice of any amendment that includes a Substantial Change (defined below), by posting the updated documents and/or providing a notice on the Website, and/or sending you a notice by email. Any revisions to the TOS and related documents will take effect on the noted effective date (each, as applicable, the “Effective Date”).

  1. DEFINITIONS
  2. WRITER’S ACCOUNT
    1. 2.1. ACCOUNT: registration and acceptance
    2. 2.2. ACCOUNT: eligibility
    3. 2.3. ACCOUNT: profile
    4. 2.4. ACCOUNT: identity and verification
    5. 2.5. ACCOUNT: prohibition on Account use
    6. 2.6. ACCOUNT: usernames and passwords
    7. 2.7. ACCOUNT: Disabled policy
  3. GOOD STANDING
  4. WRITER'S DUTIES
  5. REQUIREMENTS FOR PAPERS, and PAPER FORMAT
  6. REVISIONS
  7. HOW OUR PAYMENT SYSTEM WORKS:
    1. 7.1. PAYMENT DETAILS
    2. 7.2. PAYMENT INSTRUCTIONS
  8. CALCULATING PAYMENTS TO WRITERS:
    1. 8.1. BONUSES
    2. 8.2. PENALTIES AND FINES
    3. 8.3. TAXES
  9. TRANSFER OF COPYRIGHT
  10. INDEMNIFICATION
  11. LIMITATION OF LIABILITY
  12. DATA PROTECTION
  13. CONFIDENTIAL INFORMATION
  14. JURISDICTION
  15. SEVERABILITY
  16. OPT-OUT FROM TOS
  17. GENERAL
    1. 17.1. ENTIRE AGREEMENT
    2. 17.2. MODIFICATIONS; WAIVER
    3. 17.3. ASSIGNABILITY
    4. 17.4. SEVERABILITY
    5. 17.5. FORCE MAJEURE
    6. 17.6. PREVAILING LANGUAGE AND LOCATION
    7. 17.7. CONSENT TO USE ELECTRONIC RECORDS

1. DEFINITIONS

In this document:

Account means the profile with which you consent to use the Website and to be shown to Company’s employees, subcontractors and (in required part e.g. username, rates, etc.) to Customers;

Confidential Information means any material or information provided to or created by a Writer or the suitability of another Writer, regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form.

Confidential Information does not include material or information that is known to the public or that: (a) is generally known by third parties as a result of no act or omission of Customer; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by Writer prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by Writer without use of another person’s Confidential Information.

"Customer" means and refer to any individual or corporate web user purchasing Papers from the Company through the Website;

"Paper" - an original written product that is drafted by you in accordance with these Terms and Conditions, including but not limited to: an essay, academic paper, research, report, review and / or other creative products;

Substantial Change means a change to the terms of the TOS or other related document that reduces your rights or increases your responsibilities.

2. WRITER’S ACCOUNT

2.1. ACCOUNT: registration and acceptance

To access and participate in the Paper writing services via the Website, you must register for an Account. Subject to the TOS, certain portions of the Website are available to any Website visitors, including those portions before your Account registration is accepted. Company reserves the right to decline a registration to add an Account for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

By registering for an Account to use the Website, or by clicking to accept the TOS when prompted on the Website, you agree to abide by this TOS and the related documents.

2.2. ACCOUNT: eligibility

We offer the Website for your business purposes only and not for personal, household, or consumer use. To register for an Account or use the Site and Site Services, you must, and hereby represent that you (a) you are authorized to act for an independent business (whether it be as a self-employed individual/sole proprietor or as a corporation, limited liability company, or other entity); (b) will use the Website for business purposes only; (c) will comply with any licensing, registration, or other requirements with respect to your business, or the business for which you are acting, and the provision of freelance services; and (d) a legal entity or an individual 18 years or older (or have otherwise reached the age of majority in the jurisdiction in which you conduct business) who can form legally binding contracts, (e) you will not use the Website for any illegal purposes.

2.3. ACCOUNT: profile

To register for an Account to join the Website, you must complete a User profile. You agree to provide true, accurate, and complete information on all registration and other forms you access on the Website or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location or your skills and to correct any such information that is or becomes false or misleading. Information you provide us will be the subject of personal data protection in accordance to our Privacy Policy.

2.4. ACCOUNT: identity and verification

When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity and your location. You authorize Company to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself. If you fail to meet the requirements, your Account may be permanently banned, or payments may be suspended until verification is done.

You have to inform the Company if you change the place of residence or tax residence (for more than a 2-week period). The Accounts of the Writers whose actual place of residence doesn’t match the information provided in the profile may be disabled or even permanently banned, as it would imply that the accounts were sold to the third parties.

The name stated in the Writer's profile should correspond with the name of the owner of an Account. Indicating any personal information in messages to the Customer or any files shared with the Customer is strictly prohibited. The Company does not bear any responsibility for information shared by these means.

2.5. ACCOUNT: prohibition on Account use by third parties

It is prohibited to give or to sell an Account to another person. In case of breach of this prohibition you are fully responsible and liable for any action of any User to whom you have provided any permissions and any other person who uses the Account and the used Account can be banned by the Company.

2.6. ACCOUNT: usernames and passwords

When you register an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password and agree not to share your username or password with any person who is not authorized to use your Account. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your Account or any unauthorized access to the password for any Account. You further agree not to use the Account or log in with the username and password of another User of the Website. Violation of Account security will lead to an Account ban and suspension of payments.

2.7. ACCOUNT: Disabled policy

We maintain a policy of non-discrimination, and actively welcome all qualified persons to apply for a participating in writing or editing via Website. Our only objective is to seek excellence in the work we perform for our Customers.

3. GOOD STANDING

By applying and participating in the paper writing services provided through this Website, you are representing to us that you are a qualified writer in good standing. Providing false or incomplete information will result in being barred from the system and / or withholding of all payments due to the writer, under these Terms and Conditions.

4. WRITER'S DUTIES

You undertake to write essays, academic papers, carry out research, make reports, and do reviews on literature and speeches in a variety of different disciplines in accordance with the Customers’ requirements and these ToS.

You shall regularly check your orders' page, email and news sections of the Website’s admin page.

The Writer in no case can be considered as a hired employee of the Company or as its agent or representative.

Please, note that we do not complete online assignments and multiple-choice tests. We believe that passing tests (whether they are online or not) is a student's direct responsibility, just as taking exams themselves. In addition to that, it is difficult to evaluate the amount of work done by the Writer in this case.

Besides, as a Company, we also stick to the established social and moral principles. In this regard, we do not write papers about some controversial topics, namely gay marriage and abortion.

If you come across an order that falls under one of these controversial topics or is an online assignment/multiple choice test, please, do not apply for/complete such an order. Instead, please, contact the Support Team and ask them to check the instructions and cancel the order.

5. REQUIREMENTS FOR PAPERS, and PAPER FORMAT

Each Paper must be in full compliance with the following requirements:

Content:

  • content should be 100% original;
  • Paper content should comply with the given topic and address all the points mentioned in the instructions;
  • Paper structure should correspond to the type of Paper chosen by the Customer or mentioned in the guidelines;
  • there should be logical transitions between the paragraphs, arguments in each paragraph should be clearly expressed;
  • Papers should be free of grammar, syntactic, semantic, stylistic and punctuation errors. Papers should be proofread for any misspellings and careless mistakes.

Format:

  • Paper format should align with the citation style chosen by the Customer or specified in the guidelines (MLA, APA, Harvard, Chicago, etc.);
  • direct quotes and paraphrased ideas should be documented;
  • pictures, graphs, tables, diagrams and other kinds of charts should be properly cited.

Technical requirements:

  • Papers must be uploaded on time;
  • Paper word count should correspond to the number of pages the Customer paid for; if the instructions/customer's comments specify a different minimum/maximum word count, it should be taken into account;
  • Papers must be uploaded into the Text Tab;
  • each double-spaced page should contain at least 275 words;
  • title and reference pages are not included in the word count;

6. REVISIONS

Whenever the Customer is not satisfied with the quality of the Paper (to be proven) he/she can ask for a revision. The Writer shall complete the revision within a defined period of time. The Customer has the right to request revisions as long as the final payment is not released to the Writer. After the final payment no revision requests will be accepted.

It is mandatory for the Writer to complete any revision. By accepting Order, the Writer agrees to be available for revisions and to be able to address and complete them within the deadline specified. Whenever the Writer makes no revision of the Paper upon the Customer`s request and the Order gets cancelled a penalty may be applied to the Writer.

7. HOW OUR PAYMENT SYSTEM WORKS:

Step 1: Your payment report is available on your tab Financial Overview at all times. If something is wrong, you can write a message to Payment Admin, who will fix it.

Step 2: During the payment period press the "Add Funds Request" button (1-3th and 15-18th of every month). If you want to skip receiving payment for a period, do not press "Add Funds Request". The amount will accumulate.

Step 3: After you press the "Add Funds Request" button, the whole sum of your payment will appear in the next field, "Request History", marked as a new request. We can see your request instantly. All orders that appear in your report after you have pressed "Add Funds Request" button go to "Unrequested Transactions".

Step 4: After receiving a payment request from you, we proceed with payment within 5 days.

Step 5: After monies are transferred, your transaction appears in the next field, "Request History". You can see all your previous transactions in "Request History".

7.1. PAYMENT DETAILS

  • Company payment period is of a five-day duration;
  • Payment methods are: Paypal, Payoneer and Wire Transfer;
  • You can request payment from the 1st, at 00:01 am (GMT+0) until the 3rd, at 08:00 pm (GMT+0); and from the 15th, at 00:01 am (GMT+0) until the 18th, at 08:00 pm (GMT+0) of every month;
  • After you send your payment request, we proceed with your payment within 5 days. The last day to receive a payment is 5th or 20th of each month;
  • We have set minimal withdrawal limits for different payment systems. From now on, you can request payment:
    • if the amount is more than $20 (for Payoneer);
    • if the amount is more than $30 (for Paypal);
    • if the amount is more than $100 (for Wire Transfer).

7.2. PAYMENT INSTRUCTIONS

You agree to bear all and any costs related to the transfer of payments from the Company to you, including fees or commissions charged by banks and transfer agents.

To receive any payments from the Company, you may choose the following options:

  • PayPal: you should provide the Company with your PayPal account email address;
  • Prepaid Debit MasterCard®, Powered by Payoneer: you should register at Payoneer.com through your home page inside our system. After you receive the card, your funds are credited directly to your card;
  • Wire transfer: this option is available for payouts starting at $100. If you have amounts less than $100, please use the other options.

In order to complete payments, we need the following details:

  1. Name of recipient
  2. Bank Account or IBAN No.
  3. SWIFT code
  4. Beneficiary Address

Attention! Please be very careful and precise with your SWIFT code, Account Name and Account Number.

We cannot be held responsible for insufficient or incorrect bank details you have supplied to us. In the event of an error, you bear any bank fees and commissions charged for the recall of transfer and / or changes in the details of payment. Your ID may be provided to a bank on its request.

Unclaimed payment:

  • In case a Writer stops working with our Company, it is the Writer's responsibility to request and receive the money left on his/her balance;
  • If you decide to quit or receive a message about the Account closure, you can request your payment during 3 consecutive payment periods. Upon expiry of this period, the Account will be disabled, and you won't be able to log in;
  • If the Writer has not requested the remaining money from their balance during two payment periods after the last payment has been released, the Writer`s account is automatically closed;
  • Otherwise, the Writer must notify the Payment Department of the date when they plan to make a request in advance.

8. CALCULATING PAYMENTS TO WRITERS

The amount you are paid for each submitted Paper is based on the following parameters:

  • Your bid per page;
  • Number of pages;
  • Closeness of deadline;
  • Complexity of paper;
  • Amounts withheld as penalties (fines).

Other factors can affect the price per page. This occurs when variable components, usually defined by the Customers, come into play; for example, a math paper of one page might differ in price from a literature paper of one page.

8.1. BONUSES

If you demonstrate a high level of performance, you can earn an additional bonus. The factors affecting your bonus are the following:

  • The number of completed orders (all of them should be on finished status):
  • Average Customer Mark;
  • On-time Delivery Percent;
  • Request Rate (meaning the percentage of orders in which Customers requested you as the Writer to all your finished Orders).

The bonus may vary from 3% to 9% and will be automatically added to your account during the last night of the month. If you cease cooperation with us or if We stop our cooperation because of your violations of this ToS, bonuses will not be issued to you.

If you are selected as “Best Writer of the Month”, you get an additional 3% to your monthly payment. Best writers of the month are chosen based on three criteria: writer`s rating, on-time delivery and the number of finished orders in respect to assigned orders.

The Writers can access orders from new Customers if they meet the following criteria:

  • Rating (not less than 9.00)
  • Cancelled Orders (not more than 3 cancelled Orders by the Customers with the reason “I`m not satisfied with the Writer” within the period of 30 days);
  • Completed Orders (at least 3 completed Orders).

8.2. PENALTIES AND FINES

Fines and penalties are deductions made by the Company from payments due to the fault of the Writer.

Below, you can find cases when fines are applied:

Plagiarism: Whenever the Paper contains adopted material, which is identical to the source, without being properly cited and referenced, it is considered plagiarized. The payment for released parts is immediately deducted from Writer's balance. Besides, the Writer is issued a fine: 

The first instance of plagiarism: the penalty amount ranges from 100% of the Writer’s bid to 100% of the Customer’s price for the Order. The Writer is also issued an official warning.

The second instance of plagiarism: the penalty amount ranges from 100% of the Writer’s bid to 100% of the Customer’s price for the Order. The Writer is suspended for a 2-week period.

The third instance of plagiarism: we shall cease our contractual relations with the Writer hereunder, and the Writer’s engagement with the Company shall be immediately terminated without any compensation or refunds due to the Writer whatsoever, and the Writer's account shall be closed and shut down.

If the percentage of plagiarism exceeds 50-60% similarity, writer may be fired after the second or even the first instance.

Note! Fake references are considered plagiarism.

Every case of plagiarism is a serious violation of our rules and principles of academic writing. Any case of plagiarism, upon the consideration of the Quality Assurance Department, may lead to closure of the plagiarizing Writer's account. In case of plagiarism the Quality Assurance Department may at its sole discretion decide to cease the Company’s contractual relations with the Writer and immediately terminate the Writer’s engagement with the Company without any compensation or refunds due to the Writer whatsoever and close the plagiarizing Writer's account.

Violation of Confidentiality Policy: It is forbidden to disclose your personal information or ask for the Customer’s personal information (personal contacts, login or payment details to communicate outside EssayShark.com). If the Customer provides his or her personal information, writers must immediately inform the Customer about the Confidentiality Policy Violation and ask him or her to delete that information. If the Writer doesn't remind the Customers about the violation, then the Writer will be noted as committing the Confidentiality Policy Violation.

The first instance of violation: the Writer shall be penalized $20.

The second instance of violation: the Writer shall be penalized $40 and given an official warning.

The third instance of violation: we shall cease our contractual relations with the Writer hereunder, and the Writer’s engagement with the Company shall be immediately terminated without any compensation or refunds due to the Writer whatsoever, and the Writer's account shall be closed and shut down.

Late Delivery of the Paper: Whenever a deadline has not been met by the Writer or a late submission of the Order has been occurred, irrespectively to whether this results in cancellation of the Order or not, the penalties applied to the Writer may vary from 100% of the Writer’s bid up to 100% of the Customer’s price for the Order. The Company may increase the amounts of penalties for late delivery of the Paper at its own discretion, depending on the scale of the problem and the damage caused to the business.

Irrelevant use of the Text Tab: Whenever the Writer uses the Text Tab to advertise his skills or write anything rather than a preview or an actual order, the Writer is penalized $20.

No revision made: Whenever the Writer makes no revision of the Paper upon the Customer’s request, irrespectively to whether this results in cancellation of the Order or not, a penalty in the amount of 50-100% of the Writer’s bid is applied.

Deadline agreed upon in chat: Whenever the Writer promises to complete the Paper ahead of the deadline but then fails to do so, irrespectively to whether this results in cancellation of the Order or not, the Writer is penalized 50% of the Writer’s bid.

Advice to extend deadline on bidding: Whenever the Writer recommends the Customer to extend the deadline to pay less for the Order on the bidding status, the Writer is penalized $5.

No preview upon the Customer's request written: Whenever the Writer fails to provide an introduction upon the Customer's request, the Writer is penalized $10.

Usage of the previous Papers as previews: Whenever the Writer provides his previous Paper as a preview, the Writer is penalized $15.

The penalties may also be applied in other cases determined by the Quality Assurance Department at its sole discretion as such that undermine our reputation and doubt the Writer’s professionalism.

To avoid any doubt, the Writer hereby acknowledges and agrees that the penalties hereunder shall be applied in the cases defined by these Terms and Conditions and in other cases determined by the Quality Assurance Department at its sole discretion, irrespectively to whether such Writer's fault, his/her breach of the agreement or violation of any provision thereof, mismanagement of the Order or any other Writer’s behavior has led to cancellation of the Order by the Customer. The penalties shall be applied to the cancelled, completed or underway Orders.

The penalties and deductions under these Terms and Conditions are compensatory measures for damages and losses suffered by the Company and the Customer. The parties hereto agree that the penalties and deductions applicable to the Writer hereunder are genuine pre-estimates of loss suffered by the Company and the Customer.

8.3. TAXES

Writer acknowledges and agrees that he/she is solely responsible (a) for all tax liability associated with payments received from the Company; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Writer is not covered by or eligible for any insurance from the Company; (c) for determining whether Writer is required by applicable law to issue any particular invoices for the fees and for issuing any invoices so required; (d) for determining whether Writer is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the fees and remitting any such taxes or charges to the appropriate authorities, as appropriate. In the event of an audit of the Company, Writer agrees to promptly cooperate with the Company and provide copies of Writer’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Writer is engaging in an independent business as represented to the Company.

9. TRANSFER OF COPYRIGHT

By posting or submitting a Paper to the Website, you transfer the copyright ownership of the Paper to the Company (including, without limitation, the exclusive rights to use, reproduce, edit, modify, adapt, publish, translate, distribute and / or sell the paper in whole or in part in any and all forms and media, now or hereafter known) without limitation on territory and timeframes.

In case if you can not transfer the moral rights under applicable law, you give the Company permission to use your Paper anonymously and will not ask the Company to identify you as the author.

It is also illegal to reproduce or publish materials uploaded by Customers or other Writers.

By posting or submitting a Paper to the Website, you also warrant that the Paper is your original work, has not previously been published, and is not under consideration by third party.

10. INDEMNIFICATION

You agree that you are solely responsible for the content of any Paper submitted to the Company and / or its Customers. You also agree to indemnify and hold harmless the Company, its owners and employees with respect to any claims based upon the submissions to the Company and / or its Customers.

11. LIMITATION OF LIABILITY

THE COMPANY WILL NOT BE LIABLE TO A MEMBER, VISITOR, USER OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES THAT RESULT FROM THE USE OF - OR THE INABILITY TO USE - THE WEBSITE. NOR IS IT LIABLE FOR RELIANCE ON THE INFORMATION CONTAINED IN THE WEBSITE, SUPPORT SERVICES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE COMPANY, ITS AFFILIATES, ANY OFFICER, DIRECTOR, EMPLOYEE, SUBCONTRACTOR, AGENT, SUCCESSOR, OR ASSIGNEE OF THE COMPANY OR THEIR AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, ATTORNEY'S FEES AND LOST PROFITS OR SAVINGS, IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THIS WEBSITE, INCLUDING ITS CONTENT.

The Website might contain links to other websites for which the Company does not maintain control. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service or resource. Continued use of this Website following any change constitutes acceptance of the change.

12. DATA PROTECTION

Your personal data shall be processed according to the applicable legislation and our internal related documents. For any further details please check the Cookie Policy and Privacy Policy.

Writer is prohibited to request any personal data of the Customers, other Writers or other persons via Website.

In case of any personal data of the Customer, other Writer or any other person (except the data visible to any Website visitor) became known to you in connection of using the Website, you obliged to immediately inform Company with details of such awareness.

13. CONFIDENTIAL INFORMATION

Writer hereby acknowledges the Company proprietary interested in securing non-disclosure of the Confidential Information. During the entire term of this TOS and for a period of five (5) consecutive years after its expiration or termination, Writer undertake:

  • not to disclose the Confidential Information to any third parties without prior written authorization by the Company;
  • to use the Confidential Information exclusively for the purpose of fulfilling its obligations provided for this TOS.

14. JURISDICTION

These TOS shall be governed by and construed in accordance with the laws of England and Wales. All disputes will be settled by binding arbitration in the London Court of International Arbitration ("LCIA") under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The language and the law of the arbitration shall be English. The venue of arbitration shall be London.

15. SEVERABILITY

If any part of these TOS is deemed to be unlawful, void, or for any reason unenforceable, then that part shall be deemed to be severable from these TOS and shall not affect the validity and enforceability of any of the remaining TOS.

16. OPT-OUT FROM TOS

In case of absence of any unfulfilled orders, you can terminate the agreement expressed in these TOS by deleting your Account at any time.

Also, in case of the deletion of personal data request, due to the objective impossibility of further cooperation without the required information, your Account will be deleted, and the agreement expressed in these TOS will be considered terminated.

Without limiting Company’s other rights or remedies, we may, but are not obligated to, temporarily or indefinitely revoke access to the Website, deny your registration, or permanently revoke your access to the Account to you if we suspect or become aware that you have provided false or misleading information to us; we believe, in our sole discretion, that your actions may involve illicit or illegal activity.

17. GENERAL

Section 25 discusses additional terms of the agreement between you and the Company, including that the Terms of Service contain our full agreement, how the agreement will be interpreted and applied, and your agreement not to access the Website from certain locations, as detailed below.

17.1. ENTIRE AGREEMENT

This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and the Company relating to the subject matter hereof and thereof and cancels and supersedes any prior or contemporaneous discussions, agreements, representations, warranties, and other communications between you and us, written or oral, to the extent they relate in any way to the subject matter hereof and thereof. The section headings in the Terms of Service are included for ease of reference only and have no binding effect. Even though Company drafted the Terms of Service, you represent that you had ample time to review and decide whether to agree to the Terms of Service. If an ambiguity or question of intent or interpretation of the Terms of Service arises, no presumption or burden of proof will arise favoring or disfavoring you or Company because of the authorship of any provision of the Terms of Service.

17.2 MODIFICATIONS; WAIVER

No modification or amendment to the Terms of Service will be binding upon the Company unless in a written instrument signed by a duly authorized representative of the Company or posted on the Website by the Company. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

17.3 ASSIGNABILITY

Writer may not assign the Terms of Service, or any of its rights or obligations hereunder, without Company’s prior written consent in the form of a written instrument signed by a duly authorized representative of the Company. Company may freely assign this Agreement and the other Terms of Service without Writer’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms of Service are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

17.4 SEVERABILITY

If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

17.5 FORCE MAJEURE

The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.

17.6 PREVAILING LANGUAGE AND LOCATION

The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any.

17.7 CONSENT TO USE ELECTRONIC RECORDS

In connection with the Website Terms of Service, you may be entitled to receive certain records from the Company or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Website, you give us permission to provide these records to you electronically instead of in paper form.

BY REGISTERING ON THE WEBSITE AND/OR CLICKING ON THE CONFIRMATION BUTTON BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED WITH THESE TOS.

BY CLICKING ON THE CONFIRMATION BUTTON BELOW, YOU ALSO ACKNOWLEDGE THAT THESE TERMS AND CONDITIONS FORM A BINDING AGREEMENT BETWEEN YOU AND THE COMPANY.

IF YOU DO NOT ACCEPT THESE TOS IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE WEBSITE AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THESE TOS.

YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL CAPACITY TO BE BIND TO THESE TOS.

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