TERMS OF SERVICE
Description of service
YOU AND THE EDITOR (“WE”, “US”, AND “OUR”) AGREE THAT YOUR ACCESS TO AND USE OF THE WEB SITE LOCATED AT americanchemistryeditor.com (THE “WEB SITE”) AND THE EDITING SERVICES OFFERED VIA THE WEB SITE BY THE EDITOR (THE “SERVICES”) IS SUBJECT TO YOUR AGREEMENT TO THESE TERMS OF SERVICE, WHICH WILL BECOME A BINDING AGREEMENT BETWEEN YOU AND THE EDITOR (THE “AGREEMENT”). THE EDITOR IS WILLING TO ALLOW YOU ACCESS TO THE WEB SITE AND PROVIDE THE SERVICES ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. PLEASE READ THESE TERMS CAREFULLY. BY USING THIS WEBSITE AND/OR THE SERVICES, YOU EXPRESSLY AGREE TO THESE TERMS OF SERVICE.
The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you are under 18, then you are not permitted to use the Services. In order to receive the Services, you must pay in advance the applicable fee unless The Edito
r agrees that you may make payment pursuant to another payment plan. The Editor may increase fees for future orders at any time. The editor also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
Confidentiality and privacy
THE EDITOR WILL NOT DISCLOSE TO OTHERS ANY CONTENTS OF MATERIALS YOU SUBMIT. The Editor will not disclose our editorial relationship without your express written consent. The Editor will not sell otherwise transmit your personal information to others.
Your intellectual property rights
The Editor makes no claims on any work submitted for proofreading or editing. Any documents, content, material, works or other intellectual property submitted by you (collectively, “Documents”), will remain your intellectual property. You represent and warrant that: (i) you have obtained all necessary third party rights, including, without limitation, copyrights, for any Documents or portions thereof that belong to third parties, which are necessary for The Editor to provide Services in connection with the Documents: (ii) the Documents will not contain, any infringing, illegal, sexually explicit, threatening, abusive, harassing, defamatory, or otherwise objectionable material, including, without limitation, any material that could give rise to any liability to The Editor or which might adversely affect the The Editor’s public image, reputation or goodwill; and (iii) the Documents do not include any infringing, misappropriated or plagiarized content that you do not have the rights to use. It is your responsibility to determine if it is necessary for you to obtain, and for obtaining, any licenses required to use third party content which is part of the Documents. You will be responsible for making back-up and archival copies of your documents. In no event will The Editor be responsible to you or any other person for any loss, corruption or alteration of Documents.
You agree to indemnify and hold The Editor, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of:
(i) your breach of any representations or warranties made by you hereunder or your breach of any term of this Agreement;
(ii) your use of the Services or the Web Site in violation of this Agreement; or
(iii) or your violation of any law or the rights of a third party.
You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against The Editor for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Web Site or the Services.
Our intellectual property rights
You acknowledge that The Editor owns all rights, title, and interest in and to the Web Site and the Services, and such The Editor’s Rights are protected by U.S. and international intellectual property laws. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Web Site.
Disclaimer of warranties
The Editor is not responsible for the conduct, whether online or offline, of any user of the Web Site. The Web Site and the Services may be temporarily unavailable from time to time for various reasons. The Editor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Web Site. The Editor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person’s computer related to or resulting from participating or downloading materials or Documents in connection with the Web Site or the Services. THE WEB SITE AND THE SERVICES ARE PROVIDED “AS-IS” AND THE EDITOR DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE EDITOR CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE AND/OR THE SERVICES.
Without limiting the generality of the foregoing, you acknowledge and agree that The Editor does not: (i) review the substance of Documents submitted to it; or (ii) guaranty the quality, accuracy or results of the Services. No refunds shall be provided except as set expressly agreed to by The Editor.
Limitation of liability
IN NO EVENT WILL THE EDITOR BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICES, EVEN IF THE EDITOR IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, THE EDITOR DISCLAIMS ANY WARRANTIES FOR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE WEB SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE EDITOR’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO THE EDITOR FOR THE SERVICES; AND (B) TEN DOLLARS ($10). THE PARTIES AGREE THAT THESE LIMITATIONS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND SHALL SURVIVE ANY REMEDY’S FAILURE OF ESSENTIAL PURPOSE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Notification of changes
The Editor reserves the right to modify or amend these Terms of Service at any time by notifying you of such changes. The changes will only affect your use of the Services after the effective date of the change unless clearly expressed otherwise. Your use of the Services after The Editor provides you with notice of such changes shall be deemed your approval of such changes.
In the case of overpayment, The Editor will provide a credit to your account which is not redeemable for cash. The credit can be used to submit future manuscripts.
This Agreement sets forth the entire agreement between you and The Editor pertaining to your use of the Web Site and the Services. The Editor reserves the right, at his sole discretion, to change, modify, add, or delete portions this Agreement at any time without further notice. In this event, the changes to this Agreement on this page will be posted on the website and will indicate at the top of this page the new effective date (i.e., the LAST UPDATED date). Your continued use of the Services or the Web Site after any such changes constitutes your acceptance of the revised Agreement. If you do not agree to abide by this Agreement or any future revised Agreement, do not use or access the Services or the Web Site. It is your responsibility to regularly review this Agreement. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. The Editor’s failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision.