Although we may attempt to notify you via email when major changes are made, you should visit this page periodically to review the terms. ProfessorWord may, in its sole discretion, modify or revise these terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the ProfessorWord service. Nothing in this Agreement shall be deemed to confer any third party rights or benefits.
ProfessorWord Terms of Service
These Terms of Service ("Terms") govern your access to and use of the ProfessorWord website, bookmarklet and accounts (the "ProfessorWord Service"). Your access to and use of the ProfessorWord Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the ProfessorWord Service you agree to be bound by these Terms.
You represent and warrant that (a) all of the information provided by you to ProfessorWord to participate in the ProfessorWord Service is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
You may use the ProfessorWord Service only if you can form a binding contract with ProfessorWord and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the ProfessorWord Service only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The ProfessorWord Service is made available to you for your personal use only. Due to the Children's Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm), you must be at least thirteen (13) years of age to use the ProfessorWord Service. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the ProfessorWord Service.
Proper Use of the Service
You agree that you will use the ProfessorWord Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the ProfessorWord Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by ProfessorWord; (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the ProfessorWord Service; or (iv) use the ProfessorWord Service for any fraudulent or inappropriate purpose.
In addition to (and/or as some examples of) the violations described above, users may not:
- Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
- Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
- Transmit content that may be harmful to minors
- Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission
- Use ProfessorWord to violate the legal rights (such as rights of privacy and publicity) of others
- Promote or encourage illegal activity
- Interfere with other ProfessorWord users' enjoyment of the Service
- Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses
- Request, collect, solicit, or otherwise obtain access to login names, passwords or other authentication credentials for ProfessorWord
- Access any ProfessorWord account by automated means
- Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any ProfessorWord account
- Modify, adapt, translate, or reverse engineer any portion of the ProfessorWord Service
- Remove any copyright, trademark or other proprietary rights notices contained in or on the ProfessorWord Service
- Reformat or frame any portion of the web pages that are part of the ProfessorWord Service
- Access, tamper with, or use non-public areas of the ProfessorWord Service, ProfessorWord's computer systems, or the technical delivery systems of ProfessorWord's providers
- Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures
- Access or search or attempt to access or search the ProfessorWord Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ProfessorWord (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with ProfessorWord (NOTE: crawling the ProfessorWord Service is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the ProfessorWord Service without the prior consent of ProfessorWord is expressly prohibited)
- Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the ProfessorWord Service to send altered, deceptive or false source-identifying information
- Interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the ProfessorWord Service, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the ProfessorWord Service.
Violation of any of the foregoing may subject you to state and federal penalties and other legal consequences. ProfessorWord reserves the right, but shall have no obligation, to investigate your use of the ProfessorWord Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
Availability of the Service
Your access to and use of the ProfessorWord Service is at your own risk. You understand and agree that the ProfessorWord Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, PROFESSORWORD AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the ProfessorWord Service or any content thereon. ProfessorWord will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the ProfessorWord Service. You also agree that ProfessorWord has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the ProfessorWord Service. We make no warranty that the ProfessorWord Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from ProfessorWord or through the ProfessorWord Service, will create any warranty not expressly made herein.
Intellectual Property Rights
ProfessorWord’s Intellectual Property Rights. You agree that all of ProfessorWord's trademarks, trade names, service marks and other ProfessorWord logos and brand features, and product and service names are trademarks and the property of ProfessorWord, LLC (the "ProfessorWord Marks"). Without ProfessorWord's prior permission, you agree not to display or use in any manner the ProfessorWord Marks. You acknowledge that ProfessorWord owns all right, title and interest in and to the ProfessorWord Service, including without limitation all intellectual property rights (the "ProfessorWord Rights"), and such rights are protected by copyright, trademark, and other laws of both the United States and foreign countries. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the ProfessorWord Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the ProfessorWord Service, except if done in accordance with the provisions of the robots.txt file. The ProfessorWord Rights include rights to (i) the ProfessorWord Service developed and provided by ProfessorWord; and (ii) all software associated with the ProfessorWord Service. Nothing in the Terms gives you a right to use the ProfessorWord name or any of the ProfessorWord trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding ProfessorWord, or the ProfessorWord Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Your Intellectual Property Rights. ProfessorWord does not claim any ownership in any of the content that you upload, transmit or store in your ProfessorWord account. We will not use any of your content for any purpose except to provide you with the ProfessorWord Service.
Content of the Service
ProfessorWord takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does ProfessorWord have any obligation to monitor such third party content. ProfessorWord reserves the right at all times to remove or refuse to distribute any content on the ProfessorWord Service, such as content which violates the terms of this Agreement. ProfessorWord also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of ProfessorWord, its users and the public. ProfessorWord will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
Cancellation/Termination of Service
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Delete Account page of your account provided, however, that a terminated account may continue to exist for up to five business days before such cancellation takes effect.
ProfessorWord, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the ProfessorWord Service, for any reason at any time. Such termination of the ProfessorWord Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your Account. ProfessorWord reserves the right to refuse service to anyone for any reason at any time.
We reserve the right at all times (but will not have an obligation) to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of ProfessorWord, its users and the public.
After a period of inactivity, whereby a user fails to login to an account for a period of six months, ProfessorWord reserves the right to disable or terminate the account. If an account has been deactivated for inactivity, the username associated with that account may be given to another user without notice to you or such other party.
Modifications to the ProfessorWord Service and Prices
ProfessorWord reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the ProfessorWord Service (or any part thereof) with or without notice. Prices of the ProfessorWord Service, including but not limited to monthly subscription plan fees to the ProfessorWord Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the ProfessorWord Service Site (http://www.professorword.com) or the ProfessorWord Service itself. ProfessorWord shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the ProfessorWord Service.
Privacy, Information Sharing, & Disclosure
We may share or disclose your non-private, aggregated or otherwise non-personal information. We may share or disclose your information with your consent, such as when you use a third party web client to access your ProfessorWord account. We may disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect ProfessorWord's rights or property.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROFESSORWORD AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, COPYRIGHT, TRADEMARK, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PROFESSORWORD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to hold harmless and indemnify ProfessorWord, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the ProfessorWord Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, ProfessorWord will provide you with written notice of such claim, suit or action.
Waiver and Severability
The failure of ProfessorWord to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
These Terms and any action related thereto will be governed by the laws of the Commonwealth of Pennsylvania without regard to or application of its conflict of law provisions or your state or country of residence. Any claims, legal proceeding or litigation arising in connection with the ProfessorWord Service will be brought solely in the Commonwealth of Pennsylvania and you consent to the jurisdiction of such courts.
These Terms are the entire and exclusive agreement between ProfessorWord and you regarding the ProfessorWord Service (excluding any services for which you have a separate agreement with ProfessorWord that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between ProfessorWord and you regarding the ProfessorWord Service. Other than members of the group of companies of which ProfessorWord is the parent, no other person or company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time. By continuing to access or use the ProfessorWord Service after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about this agreement, feel free to contact us at
Date of last revision: April 1, 2013
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