Essay Institute Terms and Conditions of Use and Sale
Entire Agreement
The following Terms and Conditions of Use and Sale ("Terms") govern the use of this website and the sale of writing tutorial services by the Essay Institute to its customers ("Customers"). This Essay Institute website is (i) owned by Knowledge Accelerated LLC, an Oregon, USA limited liability company and (ii) operated as a division of Knowledge Accelerated LLC, doing business as Essay Institute ("Essay Institute" or "EI"). By accessing this site or purchasing services from EI, Customer consents to be bound by these Terms. The Terms are the entire agreement between EI and the Customer with respect to its subject matter, superseding any prior negotiations and agreements. The Terms may not be changed in any respect except by the posting of revised or amended terms by EI on this site.
Refund Policy, Limited Warranty & Guarantee
Orders placed with EI by Customer are non-cancelable and non-returnable but are covered by a limited warranty (see Warranty Disclaimer, below). If a Customer is not satisfied with EI's service for a particular order, Customer shall contact EI within sixty (60) days of delivery of such service and explain the perceived problem. Upon verification of the problem, EI guarantees that it shall either re-perform the service for the Customer or refund the fee paid for the service in question, based upon the Customer's preference.
Privacy
Please see EI's privacy statement.
Warranty Disclaimer
EI DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. EI PROVIDES A LIMITED EXPRESS WARRANTY THAT ITS SERVICES SHALL BE PERFORMED IN A MANNER SATISFACTORY TO ITS CUSTOMERS. OTHERWISE, EI MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, SERVICES, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. CUSTOMERS AGREE THAT THE USE OF THIS SITE IS AT THEIR SOLE RISK.
Limitation of Liability
(a) IN NO EVENT SHALL EI BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY CLAIMING BY OR THROUGH THE CUSTOMER FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS ARISING OUT OF THE PERFORMANCE OF THE SERVICES OR THE FAILURE, NEGLIGENCE, OR DELAY IN PERFORMANCE OF THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF EI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
(b) EI'S LIABILITY ARISING OUT OF THE PERFORMANCE OF THE SERVICES OR FAILURE OR DELAY TO PERFORM THE SERVICES, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE FEE PAID BY CUSTOMER FOR SUCH SERVICES.
(c) AN ACTION FOR BREACH OF THIS AGREEMENT MAY NOT BE BROUGHT BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE SERVICES ARE PERFORMED BY EI.
Indemnification
Customer agrees to defend EI and its affiliates at Customer's cost and expense, and will indemnify and hold EI, its affiliates, and their respective officers, independent contractors and agents (the "EI Indemnified Parties") harmless from and against any losses, costs, damages, fees or expenses arising out of any third party claim relating to the use or application of EI's services.
Consent to Oregon Law and Forum
Customer and EI agree that any dispute regarding the provision of services under this website or the access and viewing of this website shall be governed by Oregon law. Customer and EI hereby consent to the exclusive jurisdiction of the appropriate courts located within Washington County, Oregon.