Thank you for choosing Words Per Se for your proofreading needs (the “Service”). This User Agreement is a binding legal agreement between you (the “Client”) and Words Per Se.
By using the Service, you are agreeing to these terms. Please read them carefully.
Use of Site + Service
These Terms and Conditions apply to all site visitors, clients, and all other users of wordsperse.net (the “Site”).
Information provided on the Site and in Services related to proofreading, online business, and other information are subject to change. The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current or error-free. Words Per Se disclaims all liability for any inaccuracy, error or incompleteness in the Site content.
You may use the Site and Service for lawful purposes only. You must not, in the use of the Service, violate any laws in your jurisdiction.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
All Client information and communications are considered confidential and only for use by Words Per Se to provide a quote or complete a project. Client information and project materials will not be given out or shared with any third party unless otherwise requested by the Client. No portion of the Site may be used, disclosed, or published without the express written consent of Words Per Se. The content of the Site is protected by all applicable privacy, confidentiality, and intellectual property laws.
Words Per Se will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
If you have submitted a deposit or payment in full for a service, Words Per Se has the exclusive right to deny service if deemed necessary. If service is denied, a refund will be provided in full.
Proofreading services include correcting punctuation, grammar, spelling, usage, typos, and capitalization. Proofreading does not include fact checking or any other services not specified in this agreement.
Words Per Se will make corrections using Microsoft Word Track Changes and return the edited file electronically to the client upon receipt of final payment. Client is responsible for accepting or rejecting all changes once the Service is complete.
All documents are proofread to a high standard. Words Per Se provides the best possible service to the best of its ability and cannot guarantee that the written documents are “perfect” or “without error.” Words Per Se provides no guarantee that the client’s work will be completely error-free.
Cancellations, Refunds & Returns
Words Per Se or the Client may cancel this agreement at any time by providing written notice to the other party. If either Words Per Se or the Client cancels a project before work has started, neither Words Per Se nor the Client is under further obligation to the other, and this contract will be considered canceled.
If for any reason the Client is not satisfied with the work done by Words Per Se, the Client agrees, before seeking reimbursement, to contact Words Per Se by email within thirty (30) calendar days of receiving the work.
The Client will use their best efforts to communicate with, work with, and provide additional information, as needed, to Words Per Se in order to make any necessary changes to the document in order to satisfy the Client’s initial expectation based on the instructions the client initially provided. It’s the Client’s responsibility to provide adequate, clear instructions in order for Words Per Se to fully perform the Service.
If no reasonable solution can be found for addressing the reasons for the Client’s dissatisfaction, Words Per Se will refund a portion of the fees paid by the Client for the work. The portion of the fees to be refunded will be determined by the percent of errors left in the document relative to the number of correct changes made. No fees will be refunded if the Client does not contact Words Per Se by email within thirty (30) calendar days of receiving the work.
If the Client should stop or cancel a Service once it has started, the Client will pay for the work completed through the date of cancellation. If a deposit was made by the Client, that deposit will be considered non-refundable once Words Per Se has begun the work.
Material You Submit to the Site
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials protected by copyright, trademark or other proprietary rights without the express written permission of the owner of the copyright, trademark or other proprietary rights. The burden of determining that any materials are not so protected rests entirely with you.
You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Words Per Se from any claim against it resulting from your posting of materials to the site. For all materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the materials and that the use or display of the materials will not violate any laws, rules, regulations or rights of third parties.
Words Per Se reserves the right to remove from the site any materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
Intellectual Property Rights to Your Materials
Words Per Se does not claim ownership of the material you supply. However, the act of posting material to the site conveys an irrevocable, worldwide license for Words Per Se to use and distribute the posted material in connection with the Site and any related publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting material to Words Per Se, you agree to hold the company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
Our Intellectual Property
All content provided on the Site and in the Service are the intellectual property of Words Per Se. The content of the Site and Service are protected by United States trademark, trade dress, and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy.
The purpose of this website is to be educational. There are a lot of ideas here, and there are also a lot of suggestions for tools, websites, and advice for online business owners. Some of the links to these tools and websites are regular links. And some of these links are links that, if you click them and purchase, Words Per Se might get a commission in exchange.
Words Per Se may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
Limitation of Liability
You agree that under no circumstances shall Words Per Se be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Words Per Se is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Words Per Se has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Words Per Se’s cumulative liability to you exceed the total purchase price of the Service you have purchased, and if no purchase has been made by you, Words Per Se’s cumulative liability to you shall not exceed $100.
The Site and the Service contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Words Per Se. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
No waiver of any of the provisions of this Agreement by Words Per Se shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Words Per Se.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Idaho as applied to contracts that are executed and performed entirely in Idaho. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in Ada County, Idaho. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Refusal of Agreement
If the client does not agree to the Terms and Conditions in this Agreement, the client must exit the Service. The client may do so by closing the client’s browser, or by clicking the back button on the client’s browser to return to the previous site.
Updated: April 2018