Professor Spencer's Thesis Writing Workshop Terms of Use

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Last Updated: November 22, 2022

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Welcome to the thesiswritingexpress.com website (“Workshop”), an online platform that provides educational products and services for students (“Graduate Students”) and educators (“Professors,” and collectively with Graduate Students, “Users”). The Thesis Writing Workshop Platform and Workshop Metaverse (defined below) is operated by eLearning Integrated Technologies Group (the “Company,” or “we” or “us”), except and unless otherwise stated.

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These Terms of Use, which sometimes may be referred to as Terms of Service (“Terms of Use”) and any other websites, domains, sub-domains, and technology products associated therewith (collectively, the “Thesis Writing Workshop Website”), your access to the Workshop Website, and your right to read, upload, edit and publish text, photographs, illustrations, video, audio and/or any other media or content (“Content”) from the Workshop Website, and all other products and services offered by the Company (“Workshop Platform”).

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PLEASE READ THE FOLLOWING CAREFULLY: BY CREATING OR ACCEPTING AN ACCOUNT ON THE WORKSHOP PLATFORM OR ACCESSING OR OTHERWISE USING THE WORKSHOP PLATFORM, INCLUDING, WITHOUT LIMITATION, USE OF ANY OF THE WORKSHOP WEBSITE AND/OR DOWNLOADING OF ANY CONTENT, YOU (“YOU” OR “USER”) AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE, ANY OTHER RULES OR GUIDELINES THAT WE POST FROM TIME TO TIME (COLLECTIVELY, THE “TERMS”). IF YOU DO NOT AGREE TO ALL THE TERMS INCLUDED HEREIN, THEN YOU MAY NOT ACCESS OR USE THE WORKSHOP PLATFORM. YOU MUST BE 18 AND OVER AS A GRADUATE STUDENT TO ACCESS OR USE THE WORKSHOP PLATFORM.

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Part 1. ACCEPTANCE OF TERMS

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1.1. The Workshop Platform is owned and operated by the Company. Access and use of the Workshop Platform is provided by the Company to you on the condition that you accept these Terms, and by accessing or using the Workshop Platform, you agree to these Terms. If you do not agree to accept these Terms, you should not access or use the Workshop Platform in any possible form. References to “use,” “access,” or “permission” (to use or access) the Workshop Platform refers to the use, access, or permission to use or access the Workshop Platform in any way and to any extent.

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1.2.  In accordance with the Children’s Online Privacy Protection Act (“COPPA”), if you are a Child User or a Minor User, you are not permitted to use the Workshop Platform. If you believe, for any reason, that we have obtained any information from or about a child user or minor user that is not in compliance with these terms, please contact us immediately at: thesiswritingexpress@gmail.com.

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1.3. The services that the Company provides to its members (each a “Member” and, collectively, its “Members”) and the public in general are subject to these Terms. The Company reserves the right to update these Terms at any time with notice to Member’s Membership Account (defined below). The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the Workshop Website, as applicable.

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1.4. A Member’s right to use the Workshop Platform is personal to Member or the individual or entity who/that acquired such Member’s access. Unless expressly stated otherwise in writing and with the Company’s express prior consent, any rights in these Terms are not transferable by a Member to any other person or entity. If you are accessing and using the Workshop Platform on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms. In that situation, “you” and “your” will refer to both you and that entity.

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1.5. The Company shall have the right at any time to change or discontinue the Workshop Platform, the Workshop Website, and/or any feature or function thereof, including, but not limited to, content, hours of availability, and equipment needed for access or use.

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1.6. If you breach any of the Terms, the Company may automatically terminate your use of the Workshop Platform, without notice, and any failure of the Company to terminate your access shall not be deemed a waiver thereof with respect to such instance of breach or any subsequent or prior breach.

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Part 2. CHANGED TERMS AND PRICING

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The Company shall have the right at any time to change or modify these Terms, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use and changes to its pricing for membership, meeting services, features, and access to Content and other electronic resources. Such changes, modifications, additions, or deletions (collectively, “Modified Terms”) shall be effective immediately upon your affirmative consent, which we will require of you the next time you access the Platform, unless the changes are of such a nature that only notice is required, in which case, the Modified Terms shall be effective immediately upon notice thereof and your continued use of the Workshop Platform shall be deemed to constitute acceptance of such Modified Terms. Notice of such Modified Terms will typically be given by electronic mail but may be given by posting on the Workshop Platform.

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To the extent that such Modified Terms relate to pricing changes for the Workshop Platform and its resources, features, and functions that a Member has already purchased for a specific amount or time period, the original pricing will be honored even if a change is subsequently made (except to the extent that such pricing was originally provided on a contingent basis with respect to future changes); however, to the extent of a change, any and all pricing for new products, services, features, resources, and other materials shall be on the basis of the pricing when sold or renewed.

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Part 3. EDUCATOR USERS

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Users of the Workshop Platform, if registered through certain educational organizations (“Educational Institutions”) or, in certain cases, by representatives of the Educational Institutions (“Educator Users”) that have entered into a relationship directly with the Company and through which education organization or Educator User may use the Workshop Platform via one of the third party applications that integrate into or with the Workshop Platform.

 

You, individually and on behalf of your Educational Institution, hereby agree to indemnify, defend and hold harmless Workshop Platform against any and all claims, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to your violation of any provision, representation, or warranty in these Terms.

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Part 4. DESCRIPTION OF SERVICES AND MEMBERSHIP

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4.1. The Company provides its Members with access to a variety of resources via the Workshop Platform or through Zoom conferencing, including, but not limited to download areas, uploading tools, product information, incentives, gifts, and on-demand training. The Workshop Platform, including any updates, enhancements, new features, and/or the addition of any new websites, are subject to these Terms unless as otherwise expressly stated by the Company in writing.

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Users who register for the Workshop Platform in order to become a Member, will select the username when using the Sign in button on the Workshop Platform (“Login Name”) and the user password (“Password”) to create a membership account (“Membership Account”) on the Platform it uses. A Member is responsible for all use of his or her Membership Account and for ensuring that all use of Member’s Membership Account complies fully with the provisions of these Terms. A Member shall be responsible for protecting the confidentiality of such Member’s Login Name and Password and such Member hereby indemnifies and holds harmless the Company and its affiliates for any losses, expenses, or other damages suffered by it in connection with Member’s actions or omissions in connection with such Member’s use, misuse, or failure to observe these Terms in respect of the Workshop Platform or any use, misuse, or failure to observe these Terms in respect of the Workshop Platform that occurs on such Member’s Membership Account.

 

4.2. The Workshop Platform is an online solution where Members can access the Content. The Workshop Platform may be divided into multiple viewable areas, including, but not limited to, areas for Members and areas for non-Members, provided that Members-only areas of the Workshop Platform may not be visible to non-Members with certain information (including, but not limited to, names of Members) removed and certain features disabled (any such Members-only area may still be referred to on the Workshop Platform as a “private” community even if visible publicly). The Member’s area is only accessible by Members. The Member’s area gives to Members (in addition to all services available in the public section) rights to: (a) access and manage their Membership Accounts on the Workshop and (b) upload and download Content onto and from the Workshop Platform in accordance with these Terms and the Privacy Policy.

 

4.3. Members shall upload Content through their Membership Accounts, and this Content will be subject to these Terms and the Privacy Policy. By uploading Content, each Member agrees to give the Company a non-exclusive, non-transferable and royalty-free license to use such Content in furtherance of the Workshop Platform. For the avoidance of doubt and notwithstanding anything to the contrary contained herein, no one (other than the originating Member) shall have the right to commercialize, sub-license, copyright, or sell for value any other Member’s Content without the original Member’s express, written consent, except to the extent such Content is used by Workshop in furtherance of the Workshop Platform (e.g., to use as an example for Members to write their papers).

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4.4. To the extent such Content includes personally identifying information of Member's Content (e.g., papers), the Company has the right to access a Member’s Content unless and until the time such Member asks that the Content be removed from the Workshop Platform in its entirety or revokes his or her consent at a future date by written notification. The Company may also, in its sole discretion, place limits on the accessing or uploading of Content.

 

4.5. Members may download Content through their Membership Accounts as permitted via the Workshop Platform from time to time as needed to use Content for services purposes (e.g., thesis writing), and the Company may condition a Member’s use of Content (other than such Member’s own Content).

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Part 5. CONSENT AND CONDUCT

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5.1. You affirm that (i) you are not a Child User or Minor User and are fully able and competent to enter into, and comply with, these Terms to register with and use the Workshop Platform. You shall use the Workshop Platform for lawful purposes only. You shall not post or transmit through the Workshop Platform any Content which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, which contains advertising or any solicitation with respect to products or services, or which contains any personally identifiable information. Any conduct by you that in the Company’s sole discretion restricts or inhibits any other individual or entity from using the Workshop Platform will not be permitted.

 

5.2. The Workshop Platform contains copyrighted Content, trademarks, and other proprietary information, including, but not limited to, text, images, photos, video, graphics, and other materials that belong to the Company, which are copyrighted as a collective work under the copyright laws of the United States of America and other countries, which extends to the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Except as otherwise expressly permitted, no copying, redistribution, re-transmission, publication, or commercial exploitation of downloaded material will be permitted.

 

5.3. You may not use, store, display, publish, transmit, distribute, modify, reproduce, or create derivative works of any downloaded shared Content, in whole or in part, otherwise as provided to you as part of the services by the Workshop Platform. Members that use Content of it Members (e.g., paper content) may use with appropriate citations and References as per university and academic standards.

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5.4. You may not reverse engineer, decompile, or disassemble the Workshop Platform (except to the extent specifically permitted by applicable law). You may not use automated web queries (including, without limitation, screen, and database scraping, spiders, robots, crawlers, and any other automated activity in connection with the Workshop Platform); provided, however, that general-purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Workshop Platform are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent. You agree not to collect or harvest any personally identifiable information (or other information about users and/or Members of the Workshop Platform), including account names, from the Workshop Platform, nor to use the communication systems provided by the Workshop Platform, for any commercial solicitation purposes. You agree not to circumvent, disable, or otherwise interfere with security-related features of the Workshop Platform or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Workshop Platform or the Content. You may not frame any part of our Workshop Platform, unless we specifically give you our express written consent to do so. You may not use, or attempt to use, the Workshop Platform through any means not explicitly and intentionally made available, provided, or intended with respect to the Workshop Platform. You may not harvest information about users and/or Members of the Workshop Platform for any purpose. You may not use the Workshop Platform in any manner that could damage, disable, overburden, or impair the Workshop Platform or that harms the Company, its service providers, suppliers, or any other person.

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Part 6. MEMBER ACCOUNT, PASSWORD, AND SECURITY

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Members must complete the registration process by providing the Company with current, complete, and accurate information as prompted by the applicable registration form. Each Member agrees to notify the Company immediately of any unauthorized use of such Member’s Membership Account or any other breach of security. The Company will not be liable for any losses, expenses, damages, or any other costs that a Member may incur as a result of someone else using such Member’s Login Name, Password, or Membership Account, either with or without such Member’s knowledge. However, a Member could be held liable for losses, expenses, damages, and other costs incurred by the Company or another party due to someone else using such Member’s Login Name, Password, or Membership Account.

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Part 7. CONTENT PROVIDED TO THE WORKSHOP PLATFORM

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The copyright of all Content uploaded by Members is held by such Members. Members may not upload content to which they do not own the copyrights, unless correctly stated in paper to attribute author and/or company. The Company does not claim ownership of the Content that Members provide to the Company (including, without limitation, feedback and comments) or upload to the Company. However, by uploading Content, a Member is granting the Company, permission to use such Content in connection with the operation of its business (including, without limitation, the Workshop Platform), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat Member’s Content. In order to revoke your consent, you must delete such Content. However, the Company may continue to use such Content (provided it does not include any personally identifiable information) until you provide written notification to Company.

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The Company is under no obligation to post or use any Content that a Member may provide, and the Company may un-publish any Content that it determines to be in violation of these Terms at any time, provided that it reasonably notifies the Member who posted such Content of its decision to do so and the basis for such decision. By uploading Content, a Member warrants and represents to own or otherwise possess and control all of the rights to such Member’s Content as described in these Terms, including, without limitation, all the rights necessary for Member to provide, post, upload, input or submit the Content. In addition to the warranty and representation set forth above, by uploading a Content, each Member warrants and represents that (a) such Member is the copyright owner of such Content, (b) such Member has the rights necessary to grant the licenses and sub-licenses described in these Terms, and (c) that each person depicted in Content has provided consent to the use of the Content as set forth in these Terms, including, by way of example, and not as a limitation, the distribution, public display, and reproduction of such Content. Notwithstanding anything contained herein to the contrary, any anonymized and aggregated data in discussion groups and/or communities on the Workshop Platform (regardless of whether it is “private,” “public,” “members-only,” or otherwise) shall be the sole and exclusive property of the Company (the “Discussion Content”).

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Part 8. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

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8.1. YOU EXPRESSLY AGREE THAT USE OF THE WORKSHOP PLATFORM IS AT YOUR SOLE RISK. NEITHER THE COMPANY, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE WORKSHOP PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WORKSHOP PLATFORM, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, PROVIDED THROUGH THE WORKSHOP PLATFORM.

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8.2. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WORKSHOP PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

8.3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

8.4. IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE WORKSHOP WEBSITE OR THE WORKSHOP PLATFORM, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WORKSHOP PLATFORM.

 

8.5. IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER THE COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR AUTHENTICATION OF, THE INFORMATION CONTAINED WITHIN THE WORKSHOP PLATFORM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOSS OF EARNINGS, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

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8.6. NEITHER THE COMPANY NOR YOU WILL BE RESPONSIBLE FOR ANY FAILURE, DELAY, OR WORKSHOP PLATFORM PLAN EXTENSION RESULTING IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF 15 DAYS FROM ITS OCCURRENCE. THE PERFORMANCE OF THESE TERMS SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THESE TERMS.

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Part 9. NO ENDORSEMENT AND LINKS TO THIRD PARTY SITES MATERIAL

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The Company does not sponsor, endorse, recommend, or approve of any Content submitted to the Workshop Platform by any of its Members. While the Company tries to confirm all such Content meets the requirements of these Terms, the Company cannot and does not represent or warrant that any Content is complete, accurate, or not misleading. Reference to any information, products, services, or other information by trademark, manufacturer, supplier, or otherwise does not constitute or imply an endorsement, sponsorship, or recommendation by the Company. All non-Workshop trademarks, product names, and logos appearing on the Workshop Platform are the property of their respective owners.

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The Workshop Platform may contain links to third party websites, advertisements, services, offers, activities, or other content (collectively, “Third Party Materials”). These Third Party Materials are not owned or controlled by the Company. These Third Party Materials are provided for your reference and convenience only, and shall not be construed as our endorsement of, sponsorship of, or affiliation with a linked website. If you arrive at the Workshop Platform from a third party link or as a result of any of the prohibited solicitations described in this paragraph, please note that such link to or solicitation for the Workshop Platform does not imply a relationship with, or endorsement of, the third party website or its content, purpose, policies, or practices. Unless Workshop provides written consent for you to do so, you will not engage in solicitation activities on our behalf that refer potential customers to us including, but not limited to: distributing flyers, coupons, and other printed promotional materials, or electronic equivalents; verbal solicitation (e.g., in-person referrals); initiating telephone calls, and sending emails.

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Part 10. MONITORING

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The Company shall have the right, but not the obligation, to monitor the content of the Workshop Platform, to determine compliance with this Agreement and any operating rules established by the Company, and to satisfy any law, regulation, or authorized government request. The Company shall have the right in its sole discretion to refuse to post, un-publish, or remove any material submitted to or posted on the Workshop Platform. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

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Part 11. INDEMNIFICATION

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You agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Workshop Platform by you and/or, to the extent you are a Member, then arising out of the use of your Membership Account.

 

Part 12. TERMINATION

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The Company may terminate these Terms at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate a Member’s Membership Account in the event of any conduct by such Member that the Company, in its sole discretion, considers to be unacceptable, unprofessional for higher education standards, or in the event of any breach by such Member of these Terms and any other agreement referenced herein between the Company and such Member.

 

Part 13. MISCELLANEOUS

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These Terms shall be construed in accordance with the laws of the State of Hawaii, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

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Part 14. ACKNOWLEDGEMENT

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YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

 

Part 15. COPYRIGHT NOTICE

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The Company, its logos, and slogans are trademarks of the Company. All rights reserved. All other trademarks appearing on the Workshop Platform are the property of their respective owners. Any rights not expressly granted herein are reserved.

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Part 16. CLAIMS OF COPYRIGHT INFRINGEMENT

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If you believe that your work has been reproduced in connection with the Workshop Platform in a manner that constitutes copyright infringement, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated agent with the following information in writing: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest, (ii) identification of the copyrighted work claimed to have been infringed, (iii) a description of where the material that you claim is infringing is located within the Workshop Platform, (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address, (v) a signed statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and (vi) a signed statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or you are authorized to act on behalf of the owner.

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Notification pursuant to the DMCA should be submitted to:

eLIT Group
PO Box 277
Pearl City, Hawaii 96782

U.S.A.

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Part 17. FTC DISCLOSURE POLICY

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The Federal Trade Commission requires us to disclose any relationship we may have with any person or entity that provides something of value in connection with any endorsements made on the Site. No such advertising, sponsorship, paid insertions, or other forms of compensation for endorsements are made to us in connection with the Workshop Platform. The views and opinions expressed on the Workshop Platform are purely our views and opinions or those of the users of the Workshop Platform who maintain a Membership Account. If we claim or appear to be an expert on a certain topic or product or service area, we will only endorse such products or services that we believe, based on our expertise, are worthy of such endorsement at the sole discretion of the Company.

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End of Terms of Use.