Terms of Service
Acceptance of Agreement
The following terminology is used in the rest of the document:
- The term “FourthWrite” or “us” or “we” or “our” refers to FourthWrite, LLC the owner of the Web site;
- The term “you” refers to the user or viewer of our site and services;
- The term “editor” or “educator” shall have its normal meaning as understood in the English language, and without limitation on such meaning, refers to and includes any individual who provides teaching or instructional services for both academic and non-academic areas; a tutor is also commonly referred to as an instructor, trainer, coach, and teacher, though this is not an exhaustive list of commonly used words for a tutor;
- The term “client” refers to any individual or organization seeking editing services for themselves or for others. Parents, students, non-profit organizations in need of editors are all examples of clients; however, the term here includes anyone who uses an editor;
- The term “FourthWrite community” refers to “us” and all of “you”, the users of our Site;
- As a FourthWrite educator you will abide by the Refund Policy and consider decision made by FourthWrite to be final.
Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist parents in limiting access to material that is harmful to minors. Further information about parental controls can be obtained at www.icra.org.
Clients (Students, Parents, Schools and Other Organizations) using FourthWrite
As a client searching for Editors using FourthWrite, you agree that:
- If you are under the age of 18, you will get parent or legal guardian consent before using the site and before contacting the Editors;
- You will only contact the Editors and editing services if you are looking for a editor;
- You will not distribute or post spam, chain mails or any such data;
- You will not distribute or post any inappropriate, offensive, false, defamatory or libelous content to FourthWrite or any of the FourthWrite users;
- You will not manipulate or interfere with any of the FourthWrite pages.
FourthWrite Refund Policy
As a client or educator, you recognize that:
- You understand and acknowledge that we make no representation and warranties beyond the Refund Policy.
- It is the editor’s responsibility to comply with the FourthWrite Refund Policy if the client shows due cause to invoke the Refund Policy. The client is encouraged to amicably resolve any issue between the editor and client, but if arbitration is needed, the case can be brought to the attention of FourthWrite LLC at info@FourthWrite.com. The decision made by FourthWrite LLC is considered to be binding and final by both the editor and client;
- You understand and acknowledge that this site and its content, including without limitation, facts and any other information are provided “as is,” and your use thereof is at your own risk. We, our officers, directors, employees, agents, and assigns, disclaim, to the fullest extent permitted by law that is beyond the Refund Policy
- If you are dissatisfied with the site, your sole remedy is to petition for the FourthWrite Refund Policy or discontinue using the site.
General Prohibitions Applicable To Clients & Students
As used herein, the term “Content” covers any material that you post to our Site. To the extent not covered above, you understand and specifically agree that all Content, including without limitation, all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. We do not control Content posted on our Website and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of such Content. You also understand that by using our Website you may be exposed to Content that is offensive, indecent, or objectionable. Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be at our sole discretion as to what action should be taken.
To the extent not covered above, you agree not to:
- Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive to another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to, staff member or volunteer, or falsely state or otherwise misrepresent your affiliation with FourthWrite LLC, or any other person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content
- Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; dilutes trademark rights, violates rights of publicity, rights of privacy, or violates any rights defined by the Patent, Trademark, Copyright and Unfair Competition laws of any country or locality.
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt our services and/ or servers or networks connected thereto, or disobey any requirements, procedures, policies or regulations of networks connected to our servers.
- Intentionally or unintentionally violate any applicable local, state, national or international law, or regulation including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- “Stalk” or otherwise harass another person or company;
- Collect or store personal data about other users for business purposes;
- Promote or provide instructional information about illegal activities, promote physical harm or injury against any governmental entity, group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
- Use our Website as a forwarding service to another website;
- Allow usage by others in such a way as to violate our Terms of Service
- Engage in the following prohibited commercial activities within the site
- Displaying a banner that is designed to profit you or any other business or organization; and
- Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites;
- Employ tactics to prevent the full and complete display of advertisements on our Website.
- Solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users.
Abuse of FourthWrite
The content of the Editor pages is the responsibility of the editors; editors using FourthWrite are required to abide by FourthWrite policies.
However, FourthWrite and its community of editors, students, parents and other interested organizations, work together to ensure that the site works properly and that the community is safe. If you notice problems, offensive or incorrect content, and policy violations please report it to us. We will conduct an investigation, and take remedial actions, including but not limited to, terminating user accounts, prohibiting access to our website, removing hosted content, taking technical and legal measures, to keep users off the Site, who pose a threat to the FourthWrite community and violate the policies we have established.
You should always verify the information set out in this Site with independent authorities before acting or relying on it. It is your responsibility to use virus-checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment. In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party’s consent in relation to such disclosure and that the third party has been informed of, and agree to, our Privacy Statement and the uses, which we may make of such information.
Limitations of Liability
FourthWrite LLC aims to provide high quality revision and writing advice for students of all ages, parents, schools and other interested organizations. FourthWrite is not responsible or liable beyond its actions as a platform between parties and cannot be held liable beyond returning the fee charged by editors which constitutes the ‘FourthWrite Refund Policy’. FourthWrite is not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise between the editor and their client beyond the ‘FourthWrite Refund Policy’.
We do not warrant that the site will be free from viruses. Although we take reasonable steps to secure the site, you acknowledge that the Internet is not a completely secure medium and we make no warranties, express or implied, that any information or materials you post on or transmit through the site will be safe from unauthorized access or us.
To to the fullest extent permitted by law we, our officers, directors, employees, agents and assigns, hereby disclaim all liability for and in no event shall we be liable for any losses, costs or damages, injuries of any sort (direct, indirect, consequential, punitive, exemplary or otherwise) suffered by you or by anyone using this site or for any loss of profits or revenue, regardless of whether we knew or should have known of the possibility of such damages or loss of profits or revenue, as a result of or in anyway relating to your use of this site or any content posted by users hereof, or from any computer virus transmitted through the site, or other sites accessed from this site, whether such loss, cost or damage arises from our negligence or otherwise and even if we are expressly informed of the possibility of such loss or damage. in no event shall our total liability to you for all damages, costs, losses and causes of action in the aggregate (whether in contract, tort, including but not limited to negligence, or otherwise) arising from the terms and conditions, including our privacy statement, or use of the site exceed, in the aggregate, of the total fee assessed by the editor as stated in the ‘FourthWrite Refund Policy’.
Our contracts with certain of our suppliers may provide for scheduled maintenance and preventative, required and emergency maintenance work. We will have no liability, whatsoever, for the unavailability of our Site caused by our supplier’s performance or lack of performance of the maintenance work to keep the Site operable. We will also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and/or networks external to our website.
The limitations of liability provided in these terms inure to our benefit and the benefit of, our affiliates and to all of our respective officers, directors, employees, attorneys and agents.
Your Obligations as to Material Appearing on Our Website
These obligations relate to material and/or Content created by or for us, hereafter “Our Content.”
- Rights – all rights in all material and Our Content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this Site are owned by us or our licensors. You agree that you are permitted to use this material and/or content only as set out in these Terms or as otherwise expressly authorized in writing by us or our licensors, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
- Intellectual Property – We are the owner and/or authorized user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms, use of the Site does not grant you any right, title, interest, consent to use, right to register or license to any such intellectual property you may access on the Site or any intellectual property of our affiliates or subsidiaries. Except as provided in these Terms any use or reproduction of the intellectual property is prohibited.
- Copying – You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. In this regard, you may only make (a) one machine readable copy, (b) one backup copy and (c) one print copy of the pages in this site. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws worldwide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.
You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to any information, concepts, ideas or content of this website. Certain parts of our Content may be licensed from time to time from third parties and all such third party content and all intellectual property rights related to the content belong to the respective third parties.
You may not remove any copyright, trademark or other intellectual property or proprietary notices or legends contained on this website or its content.
You are absolutely prohibited from posting all or part of such material on any website without our prior written permission which permission we may withhold in our complete and absolute discretion.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Our Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.
“FourthWrite.com”, “FourthWrite” and others are our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.
Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license to:
- Access and use the Site strictly in accordance with this Agreement;
- Use the Site solely for internal, personal, non-commercial purposes; and
- Print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Restrictions and Prohibitions on Use
Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use. You may not:
- Copy, print (except for the express limited purpose permitted by Section 4 above), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom;
- Use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism.
We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable governmental agencies. If you are an Editor you will indemnify us against all loss, damages or costs incurred in connection with any claim against us which relates to your editing services or conduct with clients. All users of this site will indemnify us against any loss, damage or cost incurred by us arising out of or relating to any your use of this Site, any of its services or any information accessible over or through this Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms or any other laws, regulations and rules. You will also indemnify us against any claims that information or material which you have submitted to us is in violation of any law or regulation or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, violation of rights of publicity, false light, false advertising, violation of trade secrets, breach of confidence, unfair competition, infringement of copyright or infringement of any other intellectual property right). We reserve the right to exclusively defend, with counsel of our choice and to control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.
Restriction, Suspension, Termination
We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site, including interactive services, if we believe that you have breached these Terms at any time. Any such restriction, suspension or termination will be without prejudice to any rights, which we may have against you in respect of your breach of these Terms. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms.
These Terms and Conditions, including our Privacy Statement, constitutes the entire agreement between you and us in relation to its subject matter and supersedes any and all prior promises, representations, agreements, statements and understandings whatsoever between us. To the extent that software is available through the Site, such software may be subject to a license agreement that is distributed or included with such software and you agree to abide by the terms and conditions of any such license agreements. The failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms & Conditions is found by a court of competent jurisdiction to be unenforceable or invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms & Conditions shall remain in full force and effect.
Choice of Law
Our site can be accessed from all 50 states in the United States, as well as from other countries around the world. Each of these places has laws that may differ from those of the state of or country that you are located in. By accessing, you agree that these Terms and your use of the this Site shall be governed in all respects by the internal substantive laws of the State of Connecticut, United States of America, without regard to conflict of laws provisions. We make no representation that materials on our Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so at their own initiative and are responsible for compliance with local laws.
To the extent that software is accessible through this site, such software may be subject to export, re-export and/or import controls imposed by the United States or any other jurisdiction and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals list, or (c) in violation of the U.S. Commerce Department’s Table of Denial Orders. If you download or use the software, you represent and warrant that you are not located in, or under the control of, or a national or one any such country or on any such list.
Disputes and Jurisdiction
Any controversy or claim brought by you against us arising out of or relating to these terms or this site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim brought by you 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 Austin Texas and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Alternatively, we may in our sole and absolute discretion commence a law suit regarding such controversy or claim in the Federal District Court in the city of Austin, Texas. You hereby agree to the jurisdiction and venue of such court with respect to such suit and waive any objections to such jurisdiction and/or venue of such court. You further agree that the breach by you of any of we will be entitled to a preliminary injunction or temporary restraining order to prevent the continuance of such injury.
No agency, partnership, joint venture, employee-employer or franchisor-franchisee between you and us. These Terms are an agreement between you and us and are not intended to be for the benefit of any third party.
Except as explicitly stated otherwise or required by law, you shall provide any notices relating to these Terms by email to us at the contact information provided in the Contact section of our Site.