Terms and Conditions - College Essay Specialist

BY USING OUR WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY.

The following Terms and Conditions are entered into by and between you and College Essay Specialist (“Company”, “we” or “us”). They govern your access to and use of CollegeEssaySpecialist.com (the "website" or "site"), which includes any content, functionality and services offered on CollegeEssaySpecialist.com. The terms "user", "you", “customer”, and "your" refer to site visitors, prospective customers, and any other users of the site. Please read the Terms and Conditions carefully before you start to use the website. These Terms and Conditions apply to all site visitors and users of the site. By using the website or its services you agree to these Terms and Conditions and our Privacy Policy and acknowledge reading them. If you do not agree to these Terms and Conditions, or are unhappy with any portion of the website, you must instantly leave and discontinue using the website.

We reserve the right to revise or amend any portion of the website or its services, at any time without notice. You may not use the website in any manner that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website.

When the user uses the website and its services, the user agrees to these Terms and Conditions. The user may not agree to these Terms if the user is not legally allowed to, or if the user is under 18 years old. Users under the age of 18 (“Minor Users”) require a parent or legal guardian (a “Guardian”) to allow them to use the services and to agree to these Terms and Conditions. By permitting a Minor User to use the website and its services, the Guardian of the Minor User becomes subject to these Terms and agrees to be responsible for the Minor User’s activities on the website and its services, including being financially responsible for all purchases made by the Minor User. If the user (or a Minor User’s Guardian, as may be applicable) doesn't agree to these Terms and Conditions, the user may not use the Services.

Changes to Terms and Conditions

We reserve the right to revise and update these Terms and Conditions, including any portion of the website or its services, at any time. All amendments are effective immediately when we post them, and apply to all access to and use of the website or its services thereafter. Any use of the website or its services following posting of the revised Terms and Conditions means that you accept and agree to the changes. You must review this page from time to time so you are familiar with the most recent version of our Terms and Conditions.

Links to Third Party Websites and Services

The website may contain links to other Websites (“Linked Websites”). These Linked Websites are provided only as a convenience to our customers and are not under the control of the Company. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of these third-party websites or resources. Links to these websites do not imply endorsement by the Company of the website or any affiliation with its operators. You acknowledge sole responsibility for and assume all risk arising from your use of these Linked Websites.

By using any service or component of our website, you agree and authorize the Company to share data with any third parties we have a contractual relationship with to deliver the requested service or component to our customers.

No Professional-Client Relationship, Not Professional Advice

The information and advice provided by our website's services are for educational and informational purposes only. The information is not intended as, and shall not be understood or construed as financial or any other professional advice. The information provided by the website's services is not meant to be a substitute for advice from a professional who is aware of the facts and circumstances of your particular situation. Nothing on our website or services recommend that you should not consult with a professional to address your particular situation and we absolutely recommend that you seek the advice of a professional. The Company is not liable or responsible for any errors on our website or services and for any damage you experience from failing to pursue competent advice from a professional who knows your situation.

Using our website or sending messages/emails to the Company does not create a business relationship or any contractual relationship between you and the Company. A professional-client relationship can only be formed when the Company decides to accept you as a client and the fee arrangements have been resolved.

Accuracy and Personal Responsibility

We try to make sure that the information included on this website and its services are accurate and offer valuable information, but we cannot promise or guarantee they are correct, complete, and free of errors. You acknowledge that the information provided on this website and its services may contain errors, agree to use judgment and perform due diligence to check the information contained in this website and its services before taking any action, and agree not to depend upon the information.​ The Company is not liable or responsible for any errors or omissions on our website or services, nor for any damage you may experience by not pursuing competent advice from a professional who knows your situation.

Your use of this website, any website or page linked from this website, or anything downloaded or obtained from our website or any website linked from our website is done at your own risk. We are not responsible for the content of any website or page linked from our website, and by using this website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer resulting from the use, or non-use, of this website, or any page or website linked from this website.

No Guarantees

The Company does not guarantee customers results from following our essay recommendations and advice. The advice we provide is for educational and informational purposes to help customers improve their essays, but the customer nevertheless agrees that whether they succeed or fail will depend on their own writing, their specific situation, and other factors beyond the Company's control.

Past results do not guarantee future results - any results from past customers are not indicative of likely results and we do not guarantee that you will reach the same outcome.

Lawful Purposes, Termination and Intellectual Property

You may use the website and its services only for personal and non-commercial purposes. You warrant to the Company that you will not use the website for any purpose that is unlawful or prohibited by these Terms. You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, distribute, display, reproduce, sell, or in any way exploit any of the content obtained from our website or its services without explicit, prior written permission.

The Company can terminate your access to the Website and its related services at any time, without notice.

No Warranties

All services, advice and information provided by us are provided on an “as is” and “as available” basis. The Company makes no warranties about the performance or operation of our website. The Company makes no representations as to the suitability, reliability, availability, timeliness, and accuracy of the information and services included on or through the website. We disclaim any warranty, guarantee or promise of any kind, whether express or implied. Our Company does not promise customers they will win the scholarships they apply for. Our Company does not promise customers they will be accepted to the schools and universities they apply for.

Refunds

We usually will not issue refunds. But in unusual cases, we may issue a refund at its judgment. A customer can ask for a refund by sending a written request substantiating the reasons why they should receive a refund within two weeks after the customer receives their feedback email from us regarding their essays. We will review the request and decide if the customer is entitled to a refund. If we decide to issue a refund, it may take 6-8 weeks for us to process the refund.

Limitation of Liability

Our Company’s liability, including but not limited to Customer's claims of contributions and indemnification related to third party claims arising out of services rendered by us, and for any losses, injury or damages to persons or properties or work performed arising out of or in connection with this Agreement and for any other claim, shall be limited to the payment received by the Company from Customer for the particular service provided giving rise to the claim. 

The Customer agrees to absolve us of any and all liability or loss that the customer or any third party may suffer or incur from use of the website or its services. The Customer agrees the Company is not liable for any type of losses, injury or damages, including direct, special, incidental, indirect, equitable, consequential, lost profits, exemplary, punitive, or any other damages incurred by the customer or any third party from use of the website or its services. 

The information and services we offer through the website may include inaccuracies and errors. The Company reserves the right to update and make improvements or changes to any portion of our services and website at any time. The Company makes no representations as to the suitability, reliability, availability, timeliness, and accuracy of the information and services included on or through the website. To the maximum extent permitted by applicable law, all information and services are included “as is” without warranty or condition of any kind, express or implied. 

The Company is not liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages for loss of use, data or profits, as well as any theft, destruction, unauthorized access to or use of your information or property, regardless of our negligence or gross negligence, arising from the use or functioning of the website or its services, with any delays or difficulties to use the website or its services, or for any information and services provided by the website, whether such liability arises in negligence, contract, tort, or otherwise.

Customer agrees to limit the Company’s liability to Customer and any other third party for any damage on account of any error, omission, negligence, any delay or failure of performance, computer virus or system failure to a sum not to exceed the the payment received by the Company for the service provided giving rise to the claim. The limitation of liability set forth herein is for any and all matters for which the Company may otherwise have liability arising out of or in connection with this Agreement, arising out of the use of the website and its services, whether the claim arises in contract, tort, negligence, strict liability, statute, or otherwise, even if the Company has been advised of the possibility of damages. For states that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability is limited to the fullest possible extent permitted by law. If you do not agree to these Terms and Conditions, or are unhappy with any portion of the website, you must instantly leave and discontinue using the website.   

Indemnification

You agree to indemnify, defend, and hold the Company harmless from any and all losses, damages, costs, settlements, liabilities, charges, assessments, expenses, third party claims and causes of action, including, without limitation, attorneys' fees, relating to or arising out of any breach by you of any of these Terms and Conditions, your infringement of any rights of a third party, your use of or inability to use the website or its services, or your infringement of any applicable laws, rules or regulations. You will fully cooperate and assist us in connection with any such defense by providing any needed information, documents, records and reasonable access to you, without charge. You cannot settle any third party claim or waive any defense without prior written consent of the Company. 

Entire Agreement

This Agreement constitutes the entire agreement between you and the Company pertaining to the website and its services and supersedes all prior and contemporaneous communications and proposals, whether electronic, oral or written, between us pertaining to the website and its services. All notices, requests, demands, and other communications under this Agreement must be written in English.

Governing Law, Waivers and Arbitration

You expressly waive any claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company's services.

The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Bexar County, Texas. You agree to waive any right to class arbitration and agree, instead, to conduct an arbitration relating only to any individual claims you and/or any entity related to you claims against the Company. To the fullest extent permissible by law, you agree that you will be responsible for all costs associated with launching the arbitration and its administration.

Severability

If any term, provision, covenant, or condition of this Agreement is determined by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

Assignment

The Agreement is not assignable or transferable by the Customer. This Agreement is not assignable or transferable by the Company without the written consent of the Customer, which consent shall not be unreasonably withheld or delayed.

Changes to Terms and Conditions

The Company reserves the right to change the terms, conditions, and notices under which the website is offered. The most current version of the Terms will supersede all previous versions. By using the website, you agree to our current terms and conditions and will therefore be bound to this current policy.