Terms of Service

Effective: 2018-12-20

Contents

  1. Introduction
  2. Eligibility
  3. Cookie & privacy policy
  4. Intellectual property
  5. Acceptable use & conduct
  6. Linking to our website
  7. Prices, sales tax, payment, & donations
  8. Dispute resolution
  9. Compliance with laws & policies
  10. Warranties & liability
  11. Indemnity
  12. Choice of law
  13. Choice of language
  14. Miscellaneous terms
  15. Our contact information
  16. Our vendors
  17. Archives

1. Introduction

Thank you for using our product(s) or service(s)!

a. Definitions

This Terms of Service Contract ("ToS") contains the legal terms and conditions that govern the access, ordering, delivery, viewing, presentation, and/or any other type of interaction ("use") of/with Warren Information Organization, LLC's ("our", "us", or "we") product(s) or service(s) by anyone other than our owner(s) or employee(s) ("their", "they", "users", "you", or "your"). Jonathan Warren, PhD ("Dr Jonathan" or "Dr Warren") is the sole owner of Warren Information Organization, LLC doing-business-as ("dba") Assurance Writing, and that company is registered in the US State of Maryland. We own and provide English lessons at StudyAmericanEnglish.com ("our website"), and we provide English writing and editing services under the Assurance Writing trade name. Both/all parties together shall be referred to as the "parties", and each party to this ToS may be referred as a "party". The word "information" may refer to any textual, image, audio, video, or numerical content or data in any format that you may submit or communicate to us or to our product(s) or service(s), that you may find in our product(s) or service(s), or that we collect about or on behalf of you. The word "computer(s)" may refer to any electronic device(s). "US" means the United States of America. "EU" means the European Union. Regulations, statutes, laws, and/or third-party policies or rules shall collectively be called "laws". Interest-Based Advertising shall be called "IBA". Internet protocol address shall be called "IP address". An Internet Service Provider shall be called an "ISP". Dynamic Host Configuration Protocol shall be called "DHCP". Intellectual Property shall be called "IP". Electronic mail shall be called "email". Voice over IP shall be called "VoIP". Facsimile technology shall be called "fax". Instant messaging technology shall be called "IM". The phrase "freelancing websites" refers to websites such as upwork.com and guru.com.

b. Authorization

By using our product(s) or service(s), you agree to this ToS. If you do not agree to this ToS, you are not authorized to use our product(s) or service(s).

2. Eligibility

a. Representations

You represent and warrant the following: you are a human being who is 18 years of age or older; you have the right, authority, and capacity to agree to, and abide by, this ToS; and you shall use our product(s) or service(s) in a manner consistent with any and all applicable laws.

b. Legal guardianship

Our product(s) or service(s) are not specifically directed toward minors, and may contain information that may not be suitable for minors. You agree that anyone who is not their own legal guardian (e.g., children, cognitively disabled people, etc.) may use our product(s) or service(s) only under the direct supervision of that person's legal guardian(s). If you are such a person's legal guardian, you expressly agree that whether or not that person is allowed to view our product(s) or service(s) is in your sole discretion, responsibility, and risk; and you further agree that you shall consider, and submit on behalf of that person, any information which that person wishes to submit to us.

c. Access on behalf of others

You agree that, if you are accessing our product(s) or service(s) on behalf of another person or legal entity (e.g., your employer), you represent and warrant that you have the authority and capacity to act on behalf of that party or parties, and to bind that party or parties and all who might claim through you to this ToS.

3. Cookie & privacy policy

You understand and accept the information in the following subsections.

a. How we protect your privacy & security

  • It is not possible to create an account on our website, so you will not have to worry about your username, password, user profile, etc. being stolen.
  • We do not send users unsolicited communications.
  • We use reputable vendors and industry standard technologies, policies, and procedures to protect your information. However, perhaps like every company, we cannot and do not guarantee the absolute privacy or security of your information. A list of our current vendors may be found in Section 16; by using our product(s) or service(s), you also agree to the publicly posted legal policies of the vendors on that list, as applicable to you.

b. Information we or our vendors may collect or receive about you and use

Cookies may be used during the collection and storage of any of the following information, though are most commonly used with advertising and analytics information.

  • Information may be collected about you on our website for the purpose of IBA, where ads are customized to your interests based on your behaviors on our website and elsewhere. We use Infolinks as our IBA vendor. Collected information may include but is not limited to information about your Web browser and the computer you use to access our website, your behavior on websites displaying Infolinks advertisements, and information about which ads where displayed to you and how/whether you interacted with them. As is common in Internet advertising, in order to serve you with ads that are more relevant to you, Infolinks may combine the information they collect about you through their ads with information that they purchase from third parties. For more detailed information about these things, please see Infolinks' Privacy Policy.
  • Web server log information (e.g., IP address, page(s) viewed, the page you came from before visiting our website, access dates and times, Web browser and operating system types, and HTTP headers)
  • analytics information (e.g., your computer's language or region settings, screen resolution, Web browser plugins, and the geolocation of your IP address)
  • information we may receive about you from a payment processing company (e.g., PayPal, Payoneer, Coinbase, etc.), if you make a payment, purchase, or donation to us (e.g., your name and email address, or your cryptocurrency address)
  • information we may receive about you from government agencies or others who inquire to us about you (e.g., your alleged criminal record)
  • information you submit to our email address, phone number, or postal address

c. How we may disclose, delete, or retain your information

  • We may disclose user information to our vendors for business operational purposes, including but not limited to: to make it easier for you to share our website's pages on social media, to make our website load quickly around the world, to correspond with you via email or social media, to serve you relevant ads, to generate reports about the performance of our advertising as well as our product(s) or service(s), to detect and prevent fraud, to prevent you from seeing the same ads again and again, to develop more effective advertising, or as listed below. For more detailed information about these things, please see our vendors' Privacy Policies.
  • We may retain the information listed in Section 3b above in our company's and/or our vendors' computers and backups indefinitely, unless a valid request to delete information, as defined in Section 3d below, is received and we are able to delete that information.
  • We may disclose, delete, or retain user information to/for government agencies in response to legal process, or if we become aware that the information you provided to us violates applicable laws.
  • We may disclose, delete, or retain your information to protect our rights, privacy, property, safety, or security, as well as to pursue legal remedies or limit our damages.
  • We may disclose, delete, or retain your information with your express written consent.
  • We may disclose your information to any person or legal entity who/which acquires, consolidates with, or merges with us.
  • We may disclose, delete, or retain analyses or summaries including your information that reasonably anonymize you.

d. How you may access or delete information

  • You may opt-out of the IBA and possibly other advertising on our website here:
  • Cookies reside on your computer, and may be blocked or deleted in most popular Web browsers' settings menus and/or by installing free browser addons/plugins. If you block or delete the cookies related to our website, our advertisements may not function correctly, so please consider purchasing some of our product(s) or service(s) or making a donation to help offset our costs of doing business. Similarly, if you use any other technological means to disable or avoid ads on our website, please consider making a purchase or donation to help offset our costs of doing business.
  • You may request or demand access to, or deletion of, information we have about a certain person by providing compelling documentary evidence to us either: showing that you are that person or their legal guardian (e.g., a copy of a government ID that agrees with the information we already have from/about that person), or showing that the person in question is under your jurisdiction and that you have the legal authority in that jurisdiction to request or demand that the information be accessed or deleted (e.g., a valid court order, warrant, etc.).
  • Because IP addresses may be dynamically assigned to different people at different times (e.g., an ISP may assign IP addresses to customers using DHCP), or may be shared among many people (e.g., when everyone at a coffee shop uses the same wifi router), records where the IP address is the only personal identifier shall be considered for access or deletion only if compelling documentary evidence is presented to us showing that the person or legal entity requesting the access or deletion either was the sole owner/assignee of the IP address in question at the date and time in question (e.g., a signed letter from a telecommunications company, and a copy of the IP address owner/assignee's government ID), or has the legal authority in a relevant jurisdiction to request or demand that access or deletion (e.g., a valid court order, warrant, etc.).
  • We may not be able to access or delete all or any of your information that is stored on our vendors' computers. In such a case, you agree to release, indemnify, defend, and hold us harmless from and against any and all liabilities, responsibilities, or third-party claims and/or causes of action arising directly or indirectly from the information stored on our vendors' computers, and you further agree to redirect any request(s) you have made to us regarding that information to the vendor(s) that hold(s) that information.

4. Intellectual property

a. Our licenses to you

Regarding your use of our website, if you agree to this ToS and meet the above eligibility requirements, except where information within our product(s) or service(s) is bound by a difference license (as cited either in the credits of that product or service or at StudyAmericanEnglish.com/credits.html), we grant you a limited, revocable, nonexclusive, nonassignable license to use our website in compliance with this ToS. Regarding any product(s) we create for you as part of our Assurance Writing service(s), we grant you an unlimited, irrevocable, exclusive, assignable license to use those product(s) in compliance with this ToS.

b. Our and your IP

You agree that all IP that we create is our proprietary property and is protected by international copyright and other laws. You agree that, except for the licenses granted in Section 4a, no one except us may use our assets and/or materials, whether tangible or intangible, without our express, written consent. You also agree that the licenses in Section 4a do not create or imply any contractual or extracontractual liability on the part(s) of either us, our vendors, or any of our product(s)' or service(s)' other users. Regarding our Assurance Writing service(s), except as specified otherwise by our Cookie & privacy policy (Section 3), you retain ownership of the IP that you share with us, and you grant us the right to privately use any information provided by you in relation to a given project in order to do the work you ordered from us for that project.

c. IP protections

Information in our product(s) or service(s) may contain IP owned by third parties – including but not limited to brief quotations, trademarks, service marks, and copyrights. As our company is based in the US, such information is allowed in our product(s) or service(s) under fair-use, free-speech, informational-use, and similar protections afforded by the US's Digital Millenium Copyright Act, the US's Lanham Act, the First Amendment of the US Constitution, and the United Nations' Universal Declaration of Human Rights. The jurisdiction from where you use our product(s) or service(s) may not recognize such protections either in whole or in part, and you agree that we shall not be held liable or responsible for any possible violations of the laws in your jurisdiction, should you use our product(s) or service(s). Unless stated otherwise, we do not have the power to grant you any rights to use information having IP protections; such rights must be conferred upon you by the right's owner. You agree that your use of any information having IP protections is at your sole discretion, responsibility, and risk.

d. IP credits

You understand and agree that the IP licensing credits for information that is used in multiple places throughout our product(s) or service(s) may be found at StudyAmericanEnglish.com/credits.html, and that IP licensing credits for information that is specific to one of our product(s) or service(s) may be found either on that product/service's product webpage or at the end of that product/service's slideshow, video, or other deliverable; you agree to abide by the terms of those licenses.

e. IP permission

You represent and warrant to us that all of the information that you either send to us or request us to collect on your behalf is sent or requested pursuant to both our jurisdiction's laws and your jurisdiction's laws, and because you have both the permission and intention to send or request such information to/from us. You further agree to indemnify, defend, and hold us harmless from and against any and all third-party claims and/or causes of action arising directly or indirectly from our use of any such information provided by, or collected on behalf of, you.

f. Reporting infringement

To the best of our knowledge, any materials or IP created by us are sufficiently original, do not infringe on the rights of others, and/or comply with all applicable copyrights, trademarks, or other IP rights of others in our jurisdiction.

If you believe that protected work that you own, or for which you act as an agent, has been infringed or used illegally on our website, please submit the following information to us via email at the contact information given in Section 15. If the request is valid, we shall expeditiously remove the infringing information:

"(A)(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complaining of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed" (17 USC 512 (c)(3)).

If you believe that protected work that someone else owns has been infringed or used illegally (e.g., plagiarized) in the portion(s) of an Assurance Writing product we have produced, please submit an independent third-party copy of the copyrighted work(s) (e.g., a link to the content on the publisher's website, or a photocopy of the content from a published book) claimed to have been infringed to us via email at the contact information given in Section 15, and we shall investigate the claim.

5. Acceptable use & conduct

a. Automated downloads

You agree that you may access our website via crawlers, robots/bots, scrapers, scripts, spiders, and similar technologies only in compliance with our StudyAmericanEnglish.com/robots.txt file. You agree to configure any such crawler, bot, etc. to operate in a manner resembling typical human behavior (i.e., slow browsing at random intervals).

b. Prohibited uses of our systems

You agree not to attack, probe, and/or scan (e.g., looking for vulnerabilities) the technological systems that support our work (e.g., the workstations, servers, switches, routers, mobile computers, networking equipment, and/or cabling of us and/or our vendors). You agree that we may take any legal measures to defend against and/or prosecute such behavior.

c. Honesty

You agree only to submit information to us that, to the best of your knowledge and belief, is accurate and complete.

d. Our administrative rights

You agree that we may administrate our product(s) or service(s) in our sole discretion, including but not limited to banning, blocking, deleting, detecting, disabling, filtering, investigating, modifying, notifying, preventing, refusing, restricting, throttling, and/or warning users and/or information as applicable in certain legal jurisdictions and/or in all legal jurisdictions. You agree that we are not liable for either administrating or not administrating any aspect of our product(s) or service(s).

6. Linking to our website

a. Prohibited linking practices

You agree not to link to our website in any of the following ways, without our express, written consent:

  • that implies that we endorse or have any legal relationship (other than the relationship defined by this ToS) with either you or your website;
  • where your proprietary IP (e.g., your company's branding) wraps, frames, rebrands, etc. our proprietary IP;
  • where you charge people a fee to access our website specifically; or
  • from any webpage that violates our "Acceptable use & conduct" (Section 5) terms.

7. Prices, tax, payment, availability, etc.

a. Prices

You agree that the prices of our Assurance Writing services are negotiable, and that, if we present a price to you in writing and you proceed to work with us without negotiating the price, the price we presented to you shall be the price of the work in question. Regarding the product(s) or service(s) on our website, you agree that the prices are as marked and are non-negotiable.

b. No sales tax

You understand that the Comptroller of Maryland has informed us that we do not need to charge sales or use tax for our product(s) or service(s), as long as our product(s) or service(s) are entirely digital in nature and are entirely digitally delivered to our customers (which they are).

c. Payments

Unless the parties' relationship is affected by another agreement that requires otherwise (e.g., freelancing websites may require that payments be made through their website), you agree to use one of the payment methods given on our website at StudyAmericanEnglish.com/donate.html. You agree that all payments must be made in, or converted by you into, US dollars.

d. Invoices

Regarding Assurance Writing projects, if the parties are using a freelancing website, you agree that invoices shall be managed through that website's systems; if the parties are not using a freelancing website, you agree that invoices shall be sent to you via email. Email encryption is available; for more information, please see StudyAmericanEnglish.com/gpg.html.

e. Dr Jonathan's availability

You agree that Dr Jonathan's working hours and availability for specific projects may vary in his sole discretion.

f. Not tax deductible

You understand and accept that donations to us are not tax deductible.

g. Our use of money

You agree that the money we earn may be used in our sole discretion.

h. No relationship or compensation to you

You agree that this ToS does not create any type of employment, agency, partnership, and/or joint venture relationship between you and either us, any other users of our product(s) or service(s), or any of our vendors, and that you shall receive no compensation from us either for any information you submit to us or for any work you do in support of our product(s) or service(s) (e.g., helping us to enforce this ToS, campaigning or fundraising for us, etc.).

i. We each pay for our own Internet bills

As is true for most things on the Internet, you agree to pay the cost of connecting to and using the Internet, including but not limited to the costs of computer equipment and a prepaid or postpaid service contract with an ISP. The parties agree to release each other from their costs of connecting to and using the Internet, including but not limited to our costs of providing our product(s) or service(s) to you.

8. Dispute resolution

a. Informal dispute resolution

If you have any dispute with us (where "dispute" shall be given the broadest possible meaning permitted by applicable laws) arising out of and/or relating to this ToS, you agree to notify us in writing in English, giving a brief description of the dispute and your contact information. You agree that we shall then have thirty (30) calendar days from the date we received your notification within which to attempt to resolve the dispute to your reasonable satisfaction. Further, you agree that, if you do not notify us within ninety (90) calendar days of the issue in question, you shall be forever barred from filing claims about that issue with anyone.

b. Arbitration

If the parties are unable to resolve the dispute through good faith negotiations over such thirty (30) calendar day period, both parties agree that you may pursue resolution of the dispute in accordance with the arbitration agreement below.

ANY AND ALL DISPUTES THAT YOU HAVE WITH US ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, WHETHER BASED IN CONTRACT, FRAUD, MISREPRESENTATION, ORDINANCE, REGULATION, STATUTE, TORT, WARRANT, OR ANY OTHER LEGAL OR EQUITABLE BASIS, WHICH ARE NOT RESOLVED PURSUANT TO THE INFORMAL DISPUTE RESOLUTION PROCESS ABOVE, WITH THE EXCEPTIONS OF THE CIRCUMSTANCES GIVEN IN SECTION 8C BELOW, MUST BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION, GOVERNED BY THE US'S FEDERAL ARBITRATION ACT, BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY, AND BOTH WE AND YOU HEREBY WAIVE THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT SHALL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, OR ANY OTHER PROCEEDING IN WHICH EITHER PARTY EITHER ACTS OR PROPOSES TO ACT AS A REPRESENTATIVE FOR OTHERS ARE NOT PERMITTED, AND YOU AGREE TO GIVE UP THE ABILITY TO PARTICIPATE IN ANY SUCH ACTION. The arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures as amended by this ToS. The applicable governing law shall be as set forth in Section 12 (provided that, with respect to arbitrability issues, US federal arbitration laws shall govern). Arbitration may take place either in Baltimore County or Montgomery County, Maryland, US or by telephonic means (including but not limited to telephone or VoIP technologies), in our sole discretion. The arbitrator's decision shall follow the terms of this ToS and shall be final and binding. The arbitrator shall have authority to award temporary, interim, and/or permanent injunctive relief and/or relief providing for specific performance of this ToS, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

c. If we have a dispute with you

If we have a dispute with you that we feel is significant enough to require award and/or relief, we agree to attempt to follow the same informal dispute resolution and arbitration procedure as above with you, including trying to contact you, trying to resolve the issue through good faith negotiations, and arbitrating if necessary. Exceptions: if the dispute regards our IP rights, or if we have evidence that you are attacking the computer systems of us and/or our vendors, you agree that we may immediately proceed through the law enforcement and court systems in our sole discretion. If informal dispute resolution and/or arbitration are not possible for some reason (e.g., if we have not received contact information from you, or if you are unresponsive or unreachable when we attempt to contact you), you agree that we may proceed through the law enforcement and court systems in our sole discretion. If we may proceed through the law enforcement and court systems, you agree that we may seek injunctive relief and/or other equitable relief.

9. Compliance with laws & policies

a. Your jurisdiction

You agree that you are responsible for ensuring that our product(s) or service(s) comply with any and all applicable laws in the jurisdiction from which you use our product(s) or service(s). If you use our product(s) or service(s) from/in a jurisdiction other than our own and if you are subject to laws, you agree that we shall not be liable if any of our product(s) or service(s) do not comply with the applicable laws in that jurisdiction.

b. US export laws

Product(s) that we create may be subject to the US's export control laws. You agree that you may not use and/or re-export our product(s) in violation of the US's export laws.

c. Use under laws or policies

We make no representations and/or warranties concerning the use of our product(s) or service(s) under any applicable laws.

10. Warranties & liability

To the fullest extent permitted by applicable laws...

a. AS IS, AS AVAILABLE

You agree that our product(s) or service(s) are provided on an "AS IS" and "AS AVAILABLE" basis, without and disclaiming any advice, information, promises, representations, and/or warranties, either express, implied, or statutory, including but not limited to warranties of accessibility, accuracy, availability, compatibility, completeness, fairness/impartiality, fitness for a particular purpose, freedom from errors and/or omissions, meeting your requirements, merchantability, noninfringement, performance, pertinence, portability, privacy, propriety, safety, security, relevance, reliability, timeliness, uninterruptability, or usability.

b. Use at your own risk

You agree to expressly and solely assume the full discretion, responsibilities, and risks of using our product(s) or service(s), including but not limited to any damage or loss that results directly or indirectly from your use of our product(s) or service(s).

c. Not liable for damages or losses

You agree that we shall not be liable for any consequential, direct, exemplary, incidental, indirect, punitive, special, or other damages or losses under any circumstances, even if they are based on negligence and/or we have been advised of the possibility of those damages or losses, regardless of whether such damages or losses arise in contract, tort, under statute, in equity, at law, or otherwise, including but not limited to lost data, goodwill, performance, profits, revenues, use, and/or other tangible or intangible losses.

d. We cannot protect you

You accept that we may not be able to offer you any guarantees, immunity, indemnification, and/or protection in any jurisdiction, regarding your use of our product(s) or service(s).

e. Our total liability

You agree that our total liability, if any, for claims made in connection with your use of our product(s) or service(s) shall be limited to that amount which you have paid us during the ninety (90) calendar days preceding the claim in aggregate. If the preceding statement is not allowed by applicable laws, you agree that our liability shall be limited to the fullest extent permitted by applicable laws.

f. Actions (not) taken, errors & omissions

You agree that we may and do expressly disclaim any liability and/or responsibility in respect to actions taken or not taken based on our product(s) or service(s), as well as for the omissions and/or conduct of any party in connection with our product(s) or service(s).

g. Force majeure

You agree that we shall not be held liable for any delays or failure in performance of any part of our product(s) or service(s) due to any obstacle caused by anyone and/or anything outside of our company or beyond our control (including but not limited to our vendors, power outages, other companies, governments, criminals, weather, nonhuman beings, natural disasters, social unrest, terrorism, and/or war).

h. Others' information

You accept that we do not necessarily endorse, are not liable and/or responsible for, and have no obligation to delete, edit, or monitor any user-submitted or third-party information that may be accessed from/through our product(s) or service(s), including but not limited to third-party advertisements. You agree that we shall not be liable for any information either communicated by users to us or submitted by users to our product(s) or service(s).

i. Others' endorsement of us

Except as stated in Dr Warren's curriculum vitae (available here: StudyAmericanEnglish.com/assets/cv/WarrenCV_USL.pdf), you understand and accept that neither we nor our product(s) or service(s) are necessarily accredited, endorsed, or have received any credentials by/from any person or legal entity – including but not limited to any academic program, company, or government agency – and that the information presented in our product(s) or service(s) may not follow the rules or recommendations of any particular person or legal entity. Further, you understand and accept that using our product(s) or service(s) does not entitle you to receive any degree, certificate, or other academic credential; you agree that, in order to obtain any academic credential, you must fulfill the requirements set forth by the issuer of that credential (e.g., a university or certificate program).

j. Your claims against others

You agree that we are not liable or responsible for the information and/or actions of third parties, and you release us from any claims and damages or losses, known or unknown, arising out of or in any way connected with any claim you have against any such third parties.

k. Modifying, suspending, or discontinuing

You accept that we reserve the right to modify, suspend, or discontinue our product(s) or service(s) in our sole discretion. You agree that we shall not be liable to you in any way for modifying, suspending, or discontinuing our product(s) or service(s).

l. Not advice

You accept that our product(s) or service(s) is/are provided for general informational purposes only, and that nothing in our product(s) or service(s) should be construed as advice on any subject matter (including but not limited to academic admissions, linguistic, financial, legal, medical, tax, or other advice).

m. Malicious code

You accept that, though we regularly scan our computer systems and our product(s) or service(s) for malicious code (e.g., viruses), you are required to scan our product(s) or service(s) again for any malicious code that may have been added by others when in transit from our computer(s) to your computer(s). You agree that we shall not be held liable for any malicious code added by others to our product(s) or service(s) when in transit from our computer(s) to your computer(s).

n. The disclaimers, limitations, and waivers listed above shall apply regardless of any failure of essential purpose of any limited remedy.

Some or all of the above disclaimers may not be allowed in your jurisdiction, so may not apply to you either in full or in part.

11. Indemnity

a. Claims (of) violating this ToS

You agree to indemnify, defend, and hold us harmless from and against any costs, damages, expenses, or losses (including arbitration and/or attorney fees) either that result from any claims you make that are not allowed under this ToS or that result from third-party claims that you, and/or someone acting on your behalf, did something that, if true, would violate any part of this ToS.

b. Advertising injury, libel, slander, or defamation

You agree that you are responsible for reviewing both information that you provide to us and product(s) that we produce for you for any information that may be considered capable of causing advertising injury, libelous, slanderous, or defamatory. You agree to indemnify, defend, and hold us harmless with regard to issues of advertising injury, libel, slander, or defamation arising from any information you submit to us or any product(s) that we produce for you.

c. Protection from your use

You agree to indemnify, defend, and hold us harmless from and against any and all third-party claims and/or causes of action arising directly and/or indirectly from your use of our product(s) or service(s).

12. Choice of law

a. The parties agree that this ToS, and any dealings and/or disputes between you and us, shall be subject to, governed by, and interpreted under the exclusive jurisdiction of the State of Maryland in the US, without regard to conflict of law provisions, except to the extent governed by US federal laws.

b. Except where informal dispute resolution and/or arbitration processes are required by this ToS (see Section 8): you accept that we reserve the right to file legal claims exclusively in the courts of Baltimore County or Montgomery County, Maryland, US, and/or to seek preliminary or injunctive relief anywhere; you agree to file and resolve any legal claims against us exclusively in a state or federal court located in Baltimore County or Montgomery County, Maryland, US; and regarding any legal action and/or proceeding between you and us, both parties agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Baltimore County or Montgomery County, Maryland, US.

13. Choice of language

a. You agree that, if this ToS is ever translated into a language other than US English, and if there is a resulting conflict between the terms of the competing versions, the US English language version shall control over any translations, and shall be considered the authoritative version.

14. Miscellaneous terms

a. Finality & entirety

Except for specific terms or conditions where the parties' relationship is also affected by another agreement (e.g., for our clients on freelancing websites), you agree that this ToS constitutes the entire and final expression of all the agreements between the parties with respect to the subject matter hereof, and is a complete and exclusive statement of those terms. You agree that this ToS supersedes all agreements, negotiations, and understandings concerning the matters specified herein, and that any actions, promises, representations, statements, warranties, and/or silence by either you, us, or anyone that differ in any way from this ToS shall be given no force or effect.

b. Amendments

You agree that we may amend, supersede, and/or cancel this ToS, at any time and in any way, in our sole discretion. You agree that you shall be bound by the latest version of this ToS whenever you use our product(s) or service(s), and that any claim(s) filed against us shall be governed by the version of this ToS in effect as of the date we received each claim.

c. Bound & benefitted parties

You agree that this ToS shall be binding upon and shall inure to the benefit or detriment of the parties and their respective partners, members, officers, directors, representatives, employees, agents, successors, heirs, executors, estates, personal and legal representatives, and affiliated entities and individuals.

d. Arrest, detention, or extradition

You agree that, under no circumstances, shall you cause or abet the arrest, detention, or extradition of us or any of our affiliates – including but not limited to our members/owner(s), employee(s), volunteer(s), and/or vendor(s) – to/in any location(s) outside of the continental US, in connection with our work on our product(s) or service(s).

e. Severability & survivability

You agree that, if, for any reason whatsoever, any one or more of the provisions of this ToS shall be held or deemed by a relevant arbitrator or court to be inoperative, invalid, unenforceable, unlawful, and/or void as applied in any particular case or in all cases, such provision or part of that provision shall be deemed severable, shall be limited to the least extent possible and supplemented with a valid provision that both parties agree well-represents their intentions, and such circumstance shall not have the effect of rendering such provision invalid in any other case and/or rendering any of the other provisions of this ToS inoperative, invalid, unenforceable, unlawful, and/or void. You agree that all sections of this ToS shall survive indefinitely, to the greatest extent possible.

f. Recovery of fees & costs

You agree that, if we are ever involved in an arbitration proceeding or any other legal action against you, and if we are the substantially prevailing party in such proceeding or action, we shall be entitled to recover our reasonable arbitration and/or attorney fees and costs, in addition to any damages and/or other relief that may be awarded.

g. Fees for our time

You agree that, if we are ever required by laws to provide information in relation to you, we reserve the right to charge you for the reasonable fees and costs incurred. You agree that these fees may include but are not limited to our and/or our attorney's time spent retrieving and/or reviewing records, preparing documents, and/or participating in an arbitration proceeding, deposition, and/or court proceeding.

h. Assignability

You agree that we may assign and/or delegate our rights and/or obligations under this ToS to any person or legal entity in our sole discretion, but that you may assign and/or delegate your rights and/or obligations under this ToS to any other person or legal entity only with our prior express, written permission.

i. Waivers

You agree that our failure to apply or enforce any right or provision in this ToS shall not constitute a waiver of any such right or provision. You agree that any waivers granted by us for your breach, failure to perform, and/or violation of any provision of this ToS must be in a written instrument signed by us waiving such breach, failure to perform, and/or violation. You agree that any such waiver shall not operate or be construed as a waiver of any prior or subsequent breach of, failure to perform, or violation of the same and/or any other provision of this ToS.

j. Section headings & numbers

You agree that the section headings and numbers in this ToS are provided solely for the reader's convenience, and that they do not affect the legal text of this ToS.

k. Language errors

You agree that language errors – including but not limited to typographical errors, repeated words, or incorrect spellings or grammar – in this ToS shall have no effect on the legal terms and/or substance of this ToS.

l. Further documents & actions

Each of the parties agrees to sign any other and further documents and instruments, and to take any other and further actions as might be reasonably necessary or proper, in order to effectuate the intent and purpose of this ToS.

m. Counterparts

All parties hereto acknowledge that this ToS may be executed in counterparts for convenience, and that each such counterpart shall be deemed to be the original instrument.

n. Signatures

The parties further agree and acknowledge that signed documents exchanged via electronic correspondence – including but not limited to email, fax, and IM – shall have the same force and effect as an original signature.

15. Our contact information

Warren Information Organization, LLC

  • infoorg@protonmail.com
    GPG key
  • 822 Guilford Ave # 735
    Baltimore, Maryland (MD) 21202
    USA

Please be aware that, if your relationship with us is bound by other legal terms than this ToS (e.g., if you are one of our freelancing website clients), you may be required to contact us only through another means (e.g., through that freelancing website).

16. Our vendors

  • AddThis - an app/widget providing buttons that make it easy to share our website's pages on many social media websites
  • CloudFlare - makes our website load quickly around the world
  • Computer hardware from the following brands' manufacturers, importers, or private labelers and their suppliers: Apple, Asus, LG, Haier, Kingston, Logitech, Netgear, Samsung, Seagate, Singer, and Western Digital.
  • Computer software as follows: Apple iOS (operating system); Audacity (audio editor); CamStudio (podcasting); Debian (operating system); FFMpeg (video editor); the DOCX, GIF, H264, JPEG, MP3, OpenDocument, PDF, PNG, and XLSX standards (audio, document, image, and video standards); Gimp (image editor); Gnucash (accounting); GnuPG (encryption); Google Android (operating system) and Chromium (Web browser); LibreOffice (desktop publishing); Microsoft Windows (operating system); Mozilla Firefox (Web browser); Opera (Web browser); Tor (privacy/security software) and the Tor Browser (Web browser); and VLC (audio-video player).
  • Dropbox - hosts a copy of our video and audio podcast files
  • Facebook - we have a Facebook page
  • Google - our company's phone number is a Google Voice/Hangouts number and we host videos on YouTube
  • Guru - we do freelance consulting on Guru
  • Hutch - we may use this company's telecom services
  • Infinityfree.net - our Web hosting provider
  • Infolinks.com - our provider of third-party ads. This site complies with the IAB ads.txt file initiative.
  • Instagram - we have an Instagram page
  • Jumpshare - hosts a copy of our video and audio podcast files
  • LinkedIn - our website links to our company's owner's (Dr Warren's) LinkedIn profile page
  • Mobitel - we may use this company's telecom services
  • Pinterest - we have a Pinterest page
  • ProtonMail - our email and VPN provider
  • ShareLatex - used to collaboratively edit LaTeX documents
  • T-Mobile - we may use this company's telecom services
  • Truphone - we may use this company's telecom services
  • Twitter - we have a Twitter feed/page
  • Upwork - we do freelance consulting on Upwork

17. Archives

Past versions of this ToS may be found here: