Terms of Service
Last Modified: December 13, 2019
The Papyrus Author Service is offered and available to users who are years of age or older or are legally emancipated minors. If you are under the age of 18, then you must obtain and submit parental consent before you will be allowed to use the Papyrus Author Service, and reside in the or any of its territories or possessions. For those not residing in the United States of America, you agree to be bound by US Law pursuant to the terms and conditions of this Agreement. By using the Papyrus Author Service, you represent and warrant that you are of legal age to form a binding contract with the Corporation and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Papyrus Author Service.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion and timing upon a notification on the Website or through email. You are responsible for providing us with your most current email. All revisions, updates, or changes are effective immediately when we post them to the Website and apply to all access to and use of the Website User application thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction below will not apply to any disputes for which the parties have actual notice on, or prior to the date the revision, update, or change is posted on the Website. Your continued use of the Website following the posting of revised, updated, or changed Terms of Service means and shall constitute your acceptance and agreement to the revision(s), update(s), or change(s). You are expected to check, read and agree to this page when we send you a notification on our site or through email, prior to continuing to access or utilize the Papyrus Author Service so you are aware of any revision, update, or change, as they are binding on you.
We reserve the right to withdraw or amend the Website or any Papyrus Author Services, and any product, service, or material we provide on the Website, in our sole discretion without notice. will not be liable to you if, for any reason, any part of or the entire Website or Papyrus Author Services are unavailable for your access or use at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, or the Services. In no instances will Papyrus Author be liable to you for your inability to access the Papyrus Author Services that is through no fault of Papyrus Author.
You acknowledge and agree for all Papyrus Author Services for which there is a charge, including the Pro Version Software, and that Papyrus Author or its third-party payment processor may charge your credit card, debit card, or PayPal®, or other account, as provided by you at the time of purchase or at another time, including any taxes, late fees, and any other charges, costs, or fees associated therewith, that may be accrued or payable by you in connection with your purchase.
You also agree that you will pay for the Pro Version Software by the date on which payment is due; (ii) any payment information you provide is true and accurate; (iii) you are authorized to use the payment method you provide; and (iv) we are authorized to charge you for the Pro Version Software using the payment method you provide or select. Your assurances of payment and our rights to collect payment include any obligation you may have to pay any taxes or other charges that you agree to related to the Papyrus Author Services you purchase. Further, you agree that you will be responsible for any credit card chargeback fees as well as any reasonable collection costs we incur as a result of your failure to pay on a timely basis. Upon failure to pay as agreed, Your Pro Service Software subscription may be terminated, in the Company’s sole discretion.
We may change the price of any Pro Version Software from time to time, and add new fees and charges for certain features or to reflect a change in business or legal rules. If we do increase the fees, we will provide you with prior notice of changes. Any increase in charges for the same Papyrus Author Service currently subscribed for would not apply until the expiration of the then current billing cycle. If you do not want to pay the new price, you may cancel the Papyrus Author Service.
Autorenewal. If you purchase a Papyrus Author Service subscription that renews automatically, such as monthly or annually, you agree that we may process your payment method on such monthly, annual or other renewal term as selected by you. We will try to run your payment on or near the same calendar day as when you first purchased the Pro Version Software.
Cancellation of a Pro Version Software Subscription. You may elect to cancel a Pro Version Software subscription at any time. Any cancellation of Pro Version Software will be effective as of the end of the then-current billing period. If you desire to cancel your subscription prior to the end of the current billing period, you may do so by logging into your account through the Papyrus Author website, accessing your account, and selecting “Cancel Subscription.” If you are taking part in any free trial offer that enables you to use a Pro Version Software without charge, and that trial period automatically changes into a paid Pro Version Software upon the expiration of the trial period, you must cancel the Pro Version Software prior to the end of the trial period in order to avoid incurring the charges for the Pro Version Software.
You may use Papyrus Author only for lawful purposes and in accordance with these Terms of Service and the EULA. You agree not to use the Papyrus Author Service:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards (see Content Standards below) set out in these Terms of Service.
- To transmit, or procure the sending of, any advertising or promotional material (without our prior written consent), including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Corporation, a Corporation employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or User screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Corporation or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Papyrus Author Service in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Papyrus Author Service, including their ability to engage in real time activities through the Papyrus Author Service.
- Use any robot, spider or other automatic device, process or means to access the Papyrus Author Service for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Papyrus Author Service or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Papyrus Author Service via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Intellectual Property Rights
The Website, the Papyrus Author Service, and the Software, and its entire contents, features and functionality (including, but not limited to, all information, source code, algorithms, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are wholly owned by Papyrus Author, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Service do not constitute a sale or convey to you any rights, title, or interest of ownership in or related to the Papyrus Author Service or any intellectual property rights owned by Papyrus Author. Papyrus Author, Papyrus Author’s logo and all related names, logos, product and service names, designs and slogans are trademarks of the Corporation or its affiliates or licensors. You must not use such marks without the prior written permission of the Corporation. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download a copy of the Software and its updates for your own personal use, and not for further reproduction, publication, or distribution.
- For the avoidance of doubt, You may reproduce, publish, distribute, or otherwise transfer any stories, ideas, images, notes, plans, trade secrets (as defined in the Delaware Uniform Trade Secrets Act, as amended), financial information, developments, processes, formulas, designs, drawings you already hold in your possession submitted, added, edited, posted or created using the Papyrus Author Services.
You must not:
- Modify copies of any materials from a Papyrus Author Service.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from a Papyrus Author Service.
If you print, copy, modify, or otherwise use or provide any other person with access to any part of the Papyrus Author Service in breach of the Terms of Service, your right to use the Papyrus Author Service will cease immediately and you must, at our option and discretion, upon written instruction, return or destroy any copies of the materials you have made. Any use of the Papyrus Author Service not expressly by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark and other laws.
Additional Terms for Third Party Services
Certain aspects of the Services include third-party tools that are subject to additional third-party terms.
The names of actual companies, products, and services mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Papyrus Author respects the intellectual property of others and asks that users of our Website do the same. In connection with our Website, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Users who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our Users is, through the use of our Website, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to us. Please let us know as soon as possible. Please send the following information to Papyrus Author,
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our Services that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material facts (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and the allegation of copyright infringement.
The Website may, now or in the future, contain areas where Users may post, without limitation, reviews, comments, videos, photos, and other content: and submit suggestions, ideas, comments, questions, or other information and other interactive features (collectively, “Interactive Services“) that allow Users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “Post“) content or materials (collectively, “User Contributions“) on or through the Website. All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contributions you Post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose. You represent, warrant, and covenant that (a) you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us; (b) all of your User Contributions do and will comply with these Terms of Service; (c) your User Contributions, and any third party or User’s access or use of the same, are authorized by any third party and applicable government agency who owns or possesses any right or interest in or underlying the objects or property described therein; and (d) all User Contributions provided by you is accurate and complete in its requirement to satisfy the foregoing described representations and warranties.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Corporation, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement: We reserve the right to (1) remove or refuse to post any User Contributions for any or no reason in our sole discretion; and (2) take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. NOTWITHSTANDING ANY OTHER TERMS AND CONDITIONS OF THE TERMS OF SERVICE, YOU WAIVE, RELEASE, AND SHALL INDEMNIFY AND RELEASE AND HOLD HARMLESS THE CORPORATION AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material or User Contributions before it is Posted on the Website, and cannot ensure prompt removal of objectionable, inaccurate, or incomplete material after it has been Posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
For the avoidance of doubt, these Content Standards do NOT apply to “Customer Content” (means stories, ideas, images, notes, plans, trade secrets (as defined in the Delaware Uniform Trade Secrets Act, as amended), financial information, developments, processes, formulas, designs, drawings User already holds in its possession submitted, added, edited, posted or displayed in the Software by way of using the Papyrus Author Services), but rather solely apply to any and all User Contributions (as that term is defined above). You represent, warrant, and covenant that your User Contributions will, in their entirety, comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions shall not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on, without limitation, race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, ormisrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by Papyrus Author or any other person or entity, if this is not the case.
- Contain premises or similar content describing land, trails, or the like, of which you do not have the express right to Post by the same’s lawful owner or possessor entitled to extend such right of access and use by persons or Users.
Reliance on Information Posted
The information presented on or through the Papyrus Author Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, PAPYRUS AUTHOR SERVICE, OR SOFTWARE PLATFORM, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
The Papyrus Author Service may include content provided by third parties, including materials or User Contributions provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Corporation, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Corporation. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
There may be online purchases made available through our Website. All purchases through our Website or other transactions for the sale of goods or services formed through the Website or as a result of visits made by you are governed by these Terms of Service. Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Service.
Linking to the Website and Social Media Features
You may link to our Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use the Papyrus Author Service features solely as they are provided by us solely with respect to the content which they are displayed. Subject to the foregoing, you must not:
- Establish a link to the Website from any website that is not lawfully owned, or licensed to be used, by .
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
- Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, we provide these links for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Relationship of the Parties and Providers
Users are not employees or agents of Papyrus Author or any User. The relationship between Papyrus Author and a User is that of service provider/client. No brokerage, agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms of Service, regardless of what User Contributions are provided to the Website.
Right to Update Our Software
In connection with any updates and new versions to the Papyrus Author Service or Software, we may make updates available to download our Software on your computer from time to time with the goal of improving, enhancing, repairing and/or further developing the Software. We will notify you of when updates are available to install each update. You can choose not to update, however, support and warranties are limited to the last available update. Other times, Papyrus Author may require you to install the update to continue accessing Papyrus Author Services.
Geographic Restriction: We provide this Website for use of all persons legally allowed to contract with a United States company. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local . However, any dispute arising from your access of this Website is governed by the choice of law provisions below.
Disclaimer of Warranties: EXCEPT AS OTHERWISE PROVIDED, THE PAPYRUS AUTHOR SERVICE IS MADE AVAILABLE ON AN “AS IS” AND “WITH ALL FAULTS” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY. PAPYRUS AUTHOR SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
Limitation of Liability: You acknowledge that, unless expressly stated on the Website, all User Contributions are provided by independent Users, not by Papyrus Author. ACCORDINGLY, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE CORPORATION HAS NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION OR USER CONTRIBUTIONS PROVIDED TO YOU BY SUCH USER THROUGH THE PAPYRUS AUTHOR SERVICES.
UNDER NO CIRCUMSTANCES WILL PAPYRUS AUTHOR’S LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OF SERVICE EXCEED THE AMOUNT CHARGED FOR PAPYRUS AUTHOR SERVICES, IF ANY. IN ADDITION, IN NO EVENT WILL PAPYRUS AUTHOR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS, OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE PAPYRUS AUTHOR SERVICES, THE ONLINE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, PAPYRUS AUTHOR SERVICES, OR SOFTWARE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, DEATH, DISABILITY, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification: You agree to defend, indemnify and hold harmless the Corporation, its affiliates, licensors and service providers, and its and their respective officers, managers, members, employees, contractors, agents, licensors, suppliers, successors and from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of a Papyrus Author Service, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Website.
Governing Law: These Terms of Service and the relationship between you and the Corporation will be governed by the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule whether of the State of Delaware or any other jurisdiction.
Venue: Pursuant to the Dispute Resolution provision below, any legal suit, action or proceeding arising out of, or related to, these Terms of Service or Papyrus Author shall be instituted and arbitrated in the city of Norfolk, in the Commonwealth of Virginia (although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your state of residence or any other relevant place). You waive any and all objections to the exercise of jurisdiction over you by such courts and to exclusive venue in such courts.
Dispute Resolution – Arbitration; No class Actions: Any dispute relating in any way to your use of the Papyrus Author Services, the Corporation, or to products or services you purchase through Papyrus Author shall be submitted to confidential arbitration in the Commonwealth of Virginia in accordance with the then prevailing Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the extent you have in any manner violated or threatened to violate Papyrus Author intellectual property rights, Papyrus Author may seek injunctive or other appropriate relief in any state or federal court and you consent to exclusive jurisdiction and venue in such courts.
Arbitration in the United States
Applicable Parties: The arbitration provisions in this section apply to any disputes arising among or between Papyrus Author and an individual or other entity residing in the United States or any of its territories or possessions (“Domestic Disputes”).
Governing Law: For Domestic Disputes, this Terms of Service and the relationship between you and the Corporation will be governed by the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule whether of the State of Delaware or any other jurisdiction.
Venue: For Domestic Disputes, pursuant to the Dispute Resolution provision below, any legal suit, action or proceeding arising out of, or related to, these Terms of Service or Papyrus Author shall be instituted and arbitrated in the city of Norfolk, in the Commonwealth of Virginia (although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Service in your state of residence or any other relevant place). You waive any and all objections to the exercise of jurisdiction over you by such courts and to exclusive venue in such courts.
Dispute Resolution – Arbitration; No Class Actions: Any Domestic Dispute relating in any way to your use of the Papyrus Author Services, the Corporation, or to products or services you purchase through Papyrus Author shall be submitted to confidential arbitration in the Commonwealth of Virginia in accordance with the then prevailing Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the extent you have in any manner violated or threatened to violate Papyrus Author intellectual property rights, Papyrus Author may seek injunctive or other appropriate relief in any state or federal court and you consent to exclusive jurisdiction and venue in such courts.
Arbitration of International Disputes
Applicable Parties: The arbitration provisions in this section apply to any disputes arising among or between Papyrus Author and an individual or other entity residing outside of the United States or any of its territories or possessions (“International Disputes”).
Governing Law: For International Disputes, this Terms of Service and the relationship between the non-United States (or its territories or possessions) resident and the Corporation will be governed by the laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule whether of the State of Delaware or any other jurisdiction.
Dispute Resolution – International Arbitration; No Class Actions: Pursuant to the requirements of this section on International Disputes, all International Disputes arising out of or in connection with this Terms of Service shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce (“ICC”) by one or more arbitrators appointed in accordance with the said Rules. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.
Default; Attorneys’ Fees: In the event of a default under this Agreement, Client shall reimburse the Company for all costs and expenses incurred by the Company in connection with the default and Company’s enforcement of its rights hereunder, including without limitation, attorneys’ fees, fees and costs.
No Assignment: You may not assign your rights under these Terms of Service without our prior written consent, and any attempted assignment will be null and void.
Limitation on Time to File Claims: ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE PAPYRUS AUTHOR SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver: No failure by the Corporation to enforce any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Corporation to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Severability: If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Notices. We may give notice to you by email or other reasonable means. You shall give notice to Papyrus Author, Inc. by certified mail (postage pre-paid and return receipt requested) to:
Papyrus Author, Inc.
101 West Main Street, Suite 101
Norfolk, VA 23510
QUESTIONS. Please contact us with any questions regarding these Terms of Service by emailing us at: [email protected]