Please Read Carefully Before Using this Web Site
Welcome to this Web site for Penn & Paper. Please read below for the terms and conditions applicable to Penn & Paper. Please be aware that, to the extent that you wish to purchase services from this Web site, there may be additional terms and conditions associated with that purchase. No refunds can be made to a consumer after editorial services have been completed.
This Web site (the "Site") refers to Penn & Paper (PennandPaper.com). Access to and use of the Site are subject to these terms and conditions ("Terms") and all applicable laws. By accessing any areas of the Site, you agree to be bound by these Terms. If you do not agree to all of the Terms, please do not use the Site. Penn & Paper may revise these Terms from time to time by updating this Web page. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Site. Penn & Paper may also change, move portions of, delete portions of, or add to the Site from time to time.
Communications With Us
Except as indicated in a secure area of the Site, any information or communication, including but not limited to remarks, suggestions, ideas, questions, or comments, transmitted to Penn & Paper via the Site or Internet electronic mail, is the exclusive property of Penn & Paper and is not confidential. PENN & PAPER CANNOT GUARANTEE THE CONFIDENTIALITY OF TRANSMISSIONS OVER THE INTERNET (UNLESS OTHERWISE INDICATED), INCLUDING ANY TRANSMISSION OF PERSONAL INFORMATION BY YOU TO PENN & PAPER. Unless otherwise stated, Penn & Paper is entitled to use any information or communication submitted for any purpose without restriction (including but not limited to reproduction, publication, disclosure, broadcast, posting and compilation of such information or communication or developing products and services incorporating the same) or compensation to the person sending the submission. The person sending such submission acknowledges the originality of any submission communicated to Penn & Paper and accepts entire responsibility for its accuracy, appropriateness and legality (including without limitation compliance with any federal or state intellectual property statutes, regulations and common law rules).
Any use by you of another user's information, personal or otherwise, for any commercial purpose or to obtain direct financial gain (including, but not limited to, use for mass marketing purposes) is prohibited. Any such use shall be deemed to be a violation of these Terms. The Site is to be used by you for your personal use only. Commercial uses of the Site are strictly prohibited unless prior written consent from Penn & Paper has been granted. You agree that you will not use the Site for chain letters, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind, including but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
You represent and warrant to Penn & Paper that nothing submitted by you to the Site shall contain any content which (i) is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable, (ii) violates any law, rule or regulation, (iii) infringes, misappropriates or otherwise violates any copyright, trademark or other intellectual property right, right of privacy, right of publicity or any other right of any entity or person, (iv) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, (v) advertises or otherwise solicits funds or is a solicitation for goods or services or (vi) encourages the use of controlled substances. Penn & Paper reserves the right to delete any such material from the Site.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Penn & Paper. You further agree not to use an inappropriate user name of any kind.
You acknowledge and agree that you may not upload, post, reproduce, or distribute any content on or through the Site that is protected by copyright or other proprietary right of a third party, without obtaining permission of the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution.
Limitation of Liability
BY USING THE SITE, YOU AGREE THAT PENN & PAPER WILL NOT FOR ANY REASON OR CIRCUMSTANCE, AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF PENN & PAPER HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES, BY WAY OF EXAMPLE BUT WITHOUT LIMITATION, TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE), OR (II) ANY ERRORS OR OMISSIONS IN THE CONTENT OF, OR PERFORMANCE OF THE SOFTWARE ON, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, SUCH EXCLUSIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold Penn & Paper harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, (including, but not limited to, attorneys' fees), arising from or related to your (i) use of the Site or (ii) violation of any of these Terms.
In the event that Penn & Paper determines, in its sole discretion, that you have breached any of the Terms, or have otherwise engaged in inappropriate conduct, Penn & Paper may, in addition to any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent(s); (iii) terminate your use of the Site; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which Penn & Paper deems to be appropriate.
These Terms are effective unless and until terminated by Penn & Paper. Penn & Paper may terminate all or part of the Site at any time without notice to you. Upon any termination of these Terms or the Site, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
These Terms constitute the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements and communications relating to the subject matter hereof. No failure or delay in exercising, on the part of either party, any privilege, power or right hereunder will operate as a waiver thereof