Legal Notice & Disclaimer

Non-Disclosure and Non-Use Agreement

Both during and after contact with the User, ProofreadNOW.com, Inc. will not disclose or deliver to anyone, whether employed by ProofreadNOW.com, Inc or not, except as authorized by ProofreadNOW.com, Inc. to perform professional proofreading and/or copyediting service, or use in any way other than in ProofreadNOW.com, Inc’s proofreading and/or copyediting business, any information or material related to, or found in, documents submitted by the User for servicing, including, without limitation, information or material received by ProofreadNOW.com, Inc. from others and intended by the User to be kept in confidence. ProofreadNOW.com, Inc. recognizes that much of, if not all, such information and material does constitute trade secrets and valuable property of the User and is considered Confidential Information.

This Agreement covers all information contained in documents submitted by the User, as well as all server-based information supplied by the User, including personal names, address, and credit card information.

Ownership & License

ProofreadNOW.com, Inc. shall retain all ownership in the Site and all content displayed on the Site. ProofreadNOW.com, Inc. grants User a nonexclusive, revocable right to use the Site provided that User does not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, or (ii) modify or attempt to modify the Site in any manner or form.

Disclaimer of Warranties

The site, the services provided by ProofreadNOW.com, Inc., and any services provided by our staff and representatives are provided 'as is' with no warranty. We expressly disclaim any warranty, expressed or implied, regarding the site and such services, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement and implied warranties arising from course of dealing or course of performance. Without limiting the generality of the foregoing, we do not warrant that the services provided by ProofreadNOW.com, Inc. or the site will be free from grammar and spelling mistakes, translation errors, erroneous modifications, bugs, defects, or errors, or accessible without interruption.

You understand and agree that any content and/or data downloaded or otherwise obtained through the use of this Web site is at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such content and/or data.

All documents you submit to ProofreadNOW.com, Inc. for proofreading are owned by you or are documents for which you have authority to submit for proofreading. You will not submit copyrighted documents for which you have no authority to submit.

Guarantee of Accuracy

ProofreadNOW.com, Inc. will make its best effort to find all grammar, spelling, typographical and punctuation errors in a document. In the event that a spelling, grammar, or punctuation error is not pointed out in a completed document, the charge for the page on which the error was left will be waived. To qualify for this coverage, the Customer must bring the oversight to the attention of ProofreadNOW.com's Director of Editorial Services, via e-mail or in writing, within five days of the completion of the work. Send e-mail to support "at" ProofreadNOW.com, or send hardcopy notice to ProofreadNOW.com, Inc., P.O. Box 503, Mont Vernon, NH 03057 USA, identifying the work by the ProofreadNOW.com, Inc. job identification number, page, and paragraph. Grammar, spelling, and punctuation errors will be noted at the discretion of the Director of Editorial Services, using commonly published grammar guides and dictionaries as reference, if necessary.

Limitations of Liability

Under no circumstances will ProofreadNOW.com, Inc. be liable to you, the Customer, for any direct damages, including but not limited to any cost of printing or reprinting, lost business, lost opportunity, lost productivity, or for any indirect, incidental, consequential, special, or exemplary damages arising from any provision of this Agreement. In the event a document submitted for proofreading is returned with errors, additions, or omissions, or any other changes that render the document different from its original meanings, intentions, or uses, and/or that result in material damage to the Customer, ProofreadNOW.com, Inc. shall be liable to the Customer for no more than the cost of the service rendered for the single job containing the error.

Limitation of Benefits

. All editors providing service under this Agreement are independent contractors, whose service poses no obligation whatsoever to the Customer. Under no circumstances will the Customer be liable for benefits of any kind, including Workers' Compensation benefits, extended to editors providing service under this Agreement.

Disclaimer of Responsibility for Material Posted at Linked Sites

ProofreadNOW.com, Inc. disclaims liability for the content of any linked sites operated by third parties. ProofreadNOW.com, Inc. does not review materials posted at linked sites, and does not endorse the materials appearing on such linked sites. User views any of the linked sites at his or her own risk.

Hiring of Proofreaders

In the event that User directly hires, enlists, or otherwise engages for any purpose the services of any proofreader or copyeditor who has previously worked on User's documents within the ProofreadNOW.com, Inc. model, User will pay the sum of US$5,000.00 to ProofreadNOW.com, Inc. as a hiring fee within ten days of engagement. If payment is not received by ProofreadNOW.com, Inc. within fifteen days of engagement, User will be liable for a penalty payment of US$10,000.00 to ProofreadNOW.com, Inc.

Payment for Services

Invoices for payment of service charges shall be payable on the date sent. All fees shall be deemed overdue if they remain unpaid 31 days after they become payable.

California Consumer Privacy Act

ProofreadNOW.com, Inc., agrees that it shall be responsible for any obligations imposed under the California Consumer Privacy Act (CCPA) or related or similar laws in its role as a "service provider" to the User as defined in the CCPA. ProofreadNOW.com, Inc. agrees that it will not disseminate or use any information provided in connection with its services except to perform the contracted services as directed by the User.

Jurisdiction

In any legal action relating to this Agreement Customer agrees (a) to the exercise of jurisdiction over it by a Federal court in the state of New Hampshire or a state court in Hillsborough County, New Hampshire; and (b) that if Customer brings the action, it shall be instituted in one of the courts specified in subparagraph (a) above. ProofreadNOW.com, Inc. may institute legal action in any appropriate jurisdiction.

Governing Laws

This Agreement shall be governed by and interpreted in accordance with the laws of the State of New Hampshire, excluding its choice of law rules, and shall be deemed to be executed in Mont Vernon, NH.

Severability and Waiver

In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach.

Entire Agreement

This Agreement constitutes the complete agreement between the parties and supersedes all previous agreements or representations, written or oral, with respect to the services specified herein. This Agreement may not be modified or amended except in writing signed by a duly authorized representative of each party and such writing must reflect the intention that it be considered as an amendment. It is expressly agreed that any terms and conditions of Customer's purchase order shall be superseded by the terms and conditions of this Agreement.

Force Majeure

Notwithstanding anything else in this Agreement, delay or failure to perform on the part of either party shall not be considered a breach of this Agreement, if such default, delay, or failure to perform is shown to be due entirely to causes beyond the reasonable control of the party charged with a default, including, but not limited to, causes such as strikes, lockouts or other labor disputes, riots, civil disturbances, actions or inactions of governmental authorities or suppliers, epidemics, war, embargoes, severe weather, fire, earthquakes, acts of God or the public enemy, nuclear disasters, or default of a common carrier.

*Stated Limitations May Not Apply in Certain Jurisdictions.