TERMS AND CONDITIONS
Upon your acceptance of the following provisions and payment of the required access fees, you will receive a non-exclusive license to view essays ("Essays") on a variety of topics appearing on www.MyTermPapers.com (the "Site"). Unless explicitly stated otherwise, any current, updated and new products and services offered on the Site ("Products and Services"), including the addition of new products and services, are subject to these Terms and Conditions of Use ("Terms and Conditions"). CMD Online Solutions LLC, a Wyoming limited liability company ("CMD") reserves the right to amend these Terms and Conditions at any time.
By using the Site you agree to be bound by these Terms and Conditions, whether or not you register as a user ("User"). Because the Terms and Conditions contain legal obligations, please read them carefully.
By using the Products and Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions and any other posted guidelines or rules applicable to the Site or any Product or Service. All such guidelines and rules are hereby incorporated by reference into the Terms and Conditions.
2. CONDITIONS AND RESTRICTIONS ON USE
Use of the Products and Services is subject to compliance with these Terms and Conditions. You shall be authorized to use the Products and Services for personal, non-commercial use only. You acknowledge and agree that CMD may terminate your access to the CMD or to any of the Products and Services for any reason, or should you fail to comply with the Terms and Conditions or any other guidelines and rules published by CMD . Any such termination shall be in CMD' sole discretion and may occur without prior notice, or any notice. CMD further reserves the right to terminate any visitor's access to CMD or to any of the Products and Services for any conduct that CMD , in its sole discretion, believes is or may be directly or indirectly harmful to other visitors, to CMD or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. CMD further reserves the right to terminate any visitor's access to CMD or to any of the Products and Services for any reason or for no reason. If CMD learns that anyone under the age of 13 has accessed the Products and Services, CMD will require verified parental consent, in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). Certain areas of CMD, however, may not be available to children under 13 under any circumstances.
CMD does not discriminate on the basis of age, gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
3. REGISTRATION AND PRIVACY
Certain Products and Services may require the visitor to register and provide certain data. In consideration of use of such Products and Services, in registering and providing such data, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by various CMD registration forms ("Registration Data") and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CMD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CMD has the right to suspend or terminate your account and refuse any and all current or future use of the Products and Services. You acknowledge and agree that your account is for single user access only.
4. RESPONSIBILITY FOR MINORS
In cases where you have authorized a minor to use the Products and Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Products and Services; and (iii) the consequences of any misuse by the minor.
5. VISITOR CONDUCT
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), that you upload or donate to the site does not violate the rights of any third party. You acknowledge and agree that your use of the Site is at your sole risk. As a general matter, CMD does not pre-screen visitor or third party Content posted on the Site, although CMD reserves the right to do so. CMD reserves the right to monitor some, all, or no areas of the Products and Services for adherence to these Terms and Conditions or any other rules or guidelines posted by CMD.
The Products and Services may only be used for information and research purposes only. You agree that you will not use CMD's Products and Services to:
- Upload, post, email, otherwise transmit, or post links to any Content, or select any member or user name or email address, that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of privacy or publicity rights, hateful, or racially, sexually, ethnically or otherwise objectionable.
- Upload, post, email, otherwise transmit, or post links to any Content that promotes illegal activity.
- Upload, post, email, otherwise transmit, or post links to any Content that exploits the images of children under 18 years of age, or that discloses personally identifying information belonging to children under 18 years of age.
- Harm minors in any other way.
- Make any sexual request on behalf of a minor or make any sexual request of a minor.
- "Stalk" or otherwise harass another.
- Collect or store personally identifying information about other visitors for commercial or unlawful purposes.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Employ misleading email addresses or falsify information in the header, footer, return path, or any part of any communication.
- Upload, post, email, otherwise transmit, or post links to any Content that you do not have a right to transmit under any law or regulation or under contractual or fiduciary relationships.
- Upload, post, email, or otherwise transmit, or post links to any Content that facilitates hacking.
- Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement.
- Upload, post, email, otherwise transmit, or post links to any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
- Upload, post, email, otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Products and Services or CMD.
- Upload, post, email, otherwise transmit, or post links to any material, or act in any manner that is offensive to the Site's community or the spirit of these Terms and Conditions.
- Use automated means to download data from any the Site network database.
- Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any Content from any CMD database.
- Sell, distribute, or make any commercial use of data obtained from the Site or use such data in a manner which could be expected to offend the person for whom the data is relevant.
- Interfere with or disrupt the Products and Services or servers or networks connected to the Products and Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Products and Services.
- Intentionally or unintentionally violate any applicable local, state, national or international law.
- Upload, post, email, otherwise transmit, or post links to any material that is false, misleading, or designed to manipulate any equity, security, or other market.
- Disobey any CMD employee or representative or interfere with any action by any CMD employee or representative to redress any violation of these Terms and Conditions.
- Fail to complete any transaction after submitting an order to purchase any goods or services offered on the Site.
- Submit any order to purchase Products or Services on the Site where you do not intend to complete the transaction.
- Purchase any Products or Services that you are prohibited from purchasing or possessing by any law applicable to you in your jurisdiction.
- Use any software deployed in connection with the Products and Services to process data as a service to other entities without the express written consent of CMD or the party from whom such software may be licensed.
- Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any software deployed in connection with the Products and Services.
- Download more than a reasonable number of essays from the Site You acknowledge and agree that CMD use of the word "unlimited" on the Site when used in reference to viewing essays is meant to mean a reasonable number of papers and measures have been put into place to prevent users from downloading the entire database.
You acknowledge and agree that CMD and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that is available via the Products and Services at any time, for any reason, or for no reason at all, with or without notice. Without limitation CMD and its designees shall have the right (but not the obligation), in their sole discretion, to refuse to publish, remove, or block access to any Content that violates the Terms and Conditions or is otherwise objectionable as determined by CMD , in its sole discretion. CMD may also terminate access to, or membership in the Site, or any portion thereof, for violating these Terms and Conditions. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any Content.
6. ASSIGNMENT OF RIGHTS
By posting Content on the Site, you warrant and represent that you own the Content posted by you or otherwise have the right to grant the license set forth in this section, and that such Content does not violate the rights of any third party. You agree to pay all royalties and fees owing to any person by reason of any Content you post on the Site.
Upon your submission of any Essay, all rights in any such Essay become the sole and exclusive property of CMD.
In order to make it possible for CMD to provide the Products and Services, you hereby grant CMD a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, modify, transmit, publicly display, publicly perform and distribute any Content posted by you on or through the Site, to publish and promote such Content in connection with the particular Products and Services, to publish and promote such Content on any other CMD website through links to the Site, and to sublicense such rights solely as necessary to provide the Products and Services.
7. DISCLAIMER OF WARRANTIES
PRODUCTS AND SERVICES. THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CMD DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, CMD DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON CMD' SITE OR RECEIVED THROUGH ANY LINKS PROVIDED ON THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS.
MATERIAL. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL CMD BE LIABLE TO ANY VISITOR ON ACCOUNT OF THAT VISITOR'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF NET, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF CMD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). YOUR DAMAGES ARE LIMITED TO AMOUNTS YOU HAVE PAID TO CMD FOR PRODUCTS AND SERVICES.
ACTS OF GOD. UNDER NO CIRCUMSTANCES SHALL CMD BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
9. NO LICENSE; INTELLECTUAL PROPERTY OF CMD AND OTHERS
Except as expressly provided herein, nothing within any of the Products and Services shall be construed as conferring any license under any of CMD' or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. Without limiting the generality of the foregoing, you acknowledge and agree that certain Content available through and used to operate the Site and the Products and Services is protected by copyright, trademark, patent, or other proprietary rights of CMD and its affiliates, licensors (including, without limitation, competitors), and service providers. Except as expressly provided to the contrary herein, you agree not to modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available by CMD in connection with the Products and Services.
10. INDEMNITY AND RELEASE
By using the Site you agree to indemnify CMD and its officers, employees, and licensors, and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the Site, your use of the Products and Services, or your submission of ideas and/or related materials to the Site or from any person's use of any account or password you maintain in connection with the Site, regardless of whether such use is authorized by you. By using the Site, using the Products and Services, or submitting any ideas and/or related materials to the Site , you are hereby agreeing to release CMD and its parents, subsidiaries, affiliates, officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the Products and Services or to any disputes regarding use of ideas and/or related materials submitted to the Site . YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
11. LIMITATION OF ACTIONS
You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of the Site or the Products and Services must be filed within one (1) year after such claim or cause of action arises, or forever be barred.
12. COPYRIGHT, TRADEMARK, AND PATENT NOTICES
The trademark "CMD" and the Content of this website belong to CMD and is protected by U.S. and international copyright and trademark laws. Any use of any of the marks or Content appearing throughout the Products and Services without the express written consent of CMD is strictly prohibited. CMD may provide, or third parties may provide, links to other sites or resources located on the World Wide Web by allowing a visitor to leave CMD to access third-party material or by bringing the third party material into this site via "inverse" hyperlinks and framing technology. CMD has no control over such sites and resources. You acknowledge and agree that CMD is not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that CMD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that CMD shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Product and Services.
13. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
If you are a trademark or copyright owner and you believe that your rights have been violated in any way, please notify our designated agent in writing: Attn: DMCA Agent James K. Roosa, Esq., 3723 Pearl Rd., Ste 200, Cleveland, OH 44109. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Section 512(g)(2).
Upon receipt of a fully completed and signed notification form, we will disable access to the allegedly infringing materials and will promptly notify the individual who posted the materials that access has been disabled as is our obligation under the Copyright Act. If your notification is unsigned or is not on our form and does not contain the authorization language of our form, we will work with you to obtain a properly executed notification. If any of the other information is missing from your notification, however, we will not be able to respond to your request. Pursuant to 17 U.S.C. Section 512(g)(2), the individual who posted the materials may provide us with counter-notification that the materials were removed or disabled as the result of a mistake or misidentification of the materials. This counter-notification must (1) be signed, (2) include the individual's name, address and telephone number, (3) include a statement that the individual is making the counter-notification under penalty of perjury, and (4) state that the person consents to the jurisdiction of the federal district court where his or her address is located. If we receive such a counter-notification, and we determine that we would like to restore access to the materials, a copy will be sent to you notifying you that access to the materials will be restored within ten business days. Access will be restored between the tenth and fourteenth business day after we receive a counter-notification unless you inform us that you have filed an action seeking a court order to restrain the individual who made the posting from engaging in infringing activity on our network and servers. If we determine that we do not want to restore access to the materials, you will not receive any further notification.
14. ARBITRATION, GOVERNING LAW AND FORUM FOR DISPUTES
Unless expressly stated to the contrary elsewhere within the Site, all legal issues arising from or related to the use of the Products and Services shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the State of Ohio applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms and Conditions or any visitor's use of the Products and Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Cleveland, Ohio and judgment on the arbitration award may be entered into in any state or federal court in Ohio having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in Ohio having jurisdiction thereof. Except as set forth above, the state and federal courts of Ohio shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms and Conditions or any visitor's use of the Products and Services. By using the Products and Services and thereby agreeing to these Terms and Conditions, visitors consent to personal jurisdiction and venue in the state and federal courts in Ohio with respect to all such disputes.
15. CHANGES IN TERMS AND CONDITIONS AND CHANGES IN PRODUCTS AND SERVICES
CMD reserves the right to modify the Products and Services from time to time, for any reason, and without notice, including the right to terminate the Products and Services. CMD reserves the right to modify these Terms and Conditions from time to time, without notice. Please review these Terms and Conditions from time to time so you will be apprised of any changes.
You agree to pay all fees and charges that you incur with respect to your account. You must be authorized to use any credit card, debit card, or other method of payment that you use to make payments with respect to your account. You authorize us to charge your card or other account for the service for which you are paying, as indicated on the page of our website that requires you to enter your credit card information. Our name will appear on your credit card, bank statement, account statement, or phone bill for all charges made.
17. AUTOMATIC RECURRING BILLING
Depending on the plan you have selected, subscription fees may be automatically charged at the end of the original term selected, for a similar period of time, unless notice is received from the subscriber in advance of renewal. Unless and until you terminate your account in accordance with the terms hereof, you hereby authorize us to charge your chosen payment method for any renewal period(s).
Subscription fees are not refundable if you request to cancel or terminate your membership. Should a refund be issued by us, all refunds will be credited solely to the payment method used in the original transaction. We will not issue refunds by cash, check, or to another credit card or payment mechanism
19. PRODUCTS AND SERVICES OFFERS
Unless and until I chose to not receive marketing offers from CMD (by making the appropriate selections in the "Updating Your Personal Information
and Privacy Preferences" section of the Site during or after I have registered with the Site), I consent to receiving products and services offers from CMD.
20. ELECTRONIC RECEIPT
You will receive an email receipt upon your initial subscription.
These Terms are governed by the laws of the State of Ohio, U.S.A., including its conflicts of law rules. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement may only be modified in writing signed by both parties.