ESSAY ASSAY, INC.
LAST UPDATED: MAY 7TH, 2019
WHAT WE COLLECT
We get information about you in a range of ways.
Information You Give Us. We collect the content and other information you provide when you use our Services, including when you sign up for an account. This can include information in or about the content you provide. This includes, for example, your name, postal address, email address, phone number, fax number, username, password, demographic information (such as your gender and occupation), as well as any information you submit in or with any file or submit to the Service (a “Submitted Document”) as well as other information you directly give us on our Service.
Information We Get From Others. We may get information about you from other sources. We may add this to information we get from this Service.
Information about Schools and Educators. If you are an teacher, professor, educator or other school official (each an “Educator”), when you register with our Service or correspond with us online, we may ask for certain information about you or your school, including but not limited to your name, school name, school email address, phone number, postal address, any of the information listed above as “Information You Give Us,” and the content of any message you send us. We may retain this information.
Student Data. We may have or gain access to personally identifiable information about students (“Student Data”) in the course of providing our services to Educators. Student Data does not include information provided directly to us by a user who is a student. We consider Student Data to be confidential and do not use it for any purpose other than to provide the services on the Educator’s behalf. If you are a student or parent, please contact your Educators if you have questions about their use of technology service providers.
Information Automatically Collected. We also collect information about how you use our Services, such as the frequency and duration of your activities. We automatically log information about you and the computers, phones, or other devices where you install or access our Service, depending on the permissions you’ve granted. For example, when visiting our Service, we may log your computer operating system type, hardware version, device settings, file and software names and types, battery or signal strength, your device’s unique device identifier, browser type, browser language, the website you visited before browsing to our Service, pages you viewed, how long you spent on a page, access times and information about your use of and actions on our Service. We may also collect connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices.
Financial Information. If you use our Service for purchases or financial transactions, we collect information about the purchase or transaction. This includes your payment information, such as your credit or debit card number and other card information, and other account and authentication information, as well as billing, shipping and contact details.
Cookies. We may log information using "cookies." Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Service. This type of information is collected to make the Service more useful to you and to tailor the experience with us to meet your special interests and needs.
USE OF PERSONAL INFORMATION
We care about creating the best possible education tools for our customers. We use all of the information we have to help us provide and support our Services. Here’s how:
• We use your personal information to operate, maintain, and improve our sites, products, and services.
• We use your personal information to respond to comments and questions and provide customer service.
• We use your personal information to conduct surveys and research, test features in development, and analyze the information we have to evaluate and improve products and services, develop new products or features, and conduct audits and troubleshooting activities.
• We use your personal information to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
• We use your personal information to communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
• We use your personal information to link or combine user information with other personal information.
• We use your personal information to protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.
• We use your personal information to understand how you use and interact with our Services and the people or things you’re connected to and interested in on and off our Services in order to deliver our Services, personalize content, and make suggestions for you
• We use your personal information to provide and deliver products and services customers request.
• We use your personal information contained in any Submitted Document to process the document through the Service.
SHARING OF PERSONAL INFORMATION
We may share personal information as follows:
• We may share personal information with your consent. For example, you may let us share personal information with others for their own marketing uses. Those uses will be subject to their privacy policies.
• We may share personal information when we do a business deal, or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
• We may share personal information for legal, protection, and safety purpose, for example, to comply with laws, respond to lawful requests and legal processes, protect the rights and property of Essay Assay, Inc., our agents, customers, and others (this includes enforcing our agreements, policies, and terms of service). We may share information in an emergency. This includes protecting the safety of our employees and agents, our customers, or any person.
• We may share information with those who need it to do work for us.
We may also share aggregated and/or anonymized data with third parties for their own uses.
STORAGE AND PROTECTION OF YOUR INFORMATION
Any information collected through the Service is stored and processed in the United States. If you use our Service outside of the United States, you consent to have your data transferred to the United States.
We maintain strict administrative, technical and physical procedures to protect information stored in our servers, which are located in the United States. Access to information is limited (through user/password credentials, firewalls and two factor authentication) to those employees who require it to perform their job functions. All communication between our servers is encrypted using industry-standard Secure Socket Layer (SSL) technology. We use SSL encryption to safeguard the account registration process and sign-up information. Other security safeguards include but are not limited to data encryption, password hashing, firewalls, and physical access controls to building and files.
Following termination or deactivation of a user’s account, we may retain information and content for a commercially reasonably time for backup, archival, or audit purposes. Any Student Data associated with the account will be deleted promptly. We may maintain anonymized or aggregated data, including usage data, for analytics purposes.
INFORMATION CHOICES AND CHANGES
Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.
You may send requests about personal information to our Contact Information below. You can request to change contact choices, opt-out of our sharing with others, and update your personal information.
You can typically remove and reject cookies from our Service with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Service works for you.
We do not knowingly collect any information from children under the age of 13. Please contact us at email@example.com if you believe we have collected personal information of a child under 13 so that we may delete such data as soon as possible.
If we make any material changes or changes affecting our handling of Student Data, we will notify you using the contact information associated with your account. Such changes will take effect 30 days after the notification, and your continued use of the Service following that period constitutes your acceptance of the revised policy. It is your responsibility to ensure the accuracy of the contact information associated with your account.
Who We Are: For the purpose of applicable data protection legislation, we are the data controller of your personal data.
Important Sections: please pay attention to sections “Your Rights” and “International Data Transfer”
Changes To This Policy: We will notify you of any modifications or changes to the Policy on the Website. We may change or modify the Policy at any time, so we recommend you to review the Policy from time to time. When we make any modifications or change to the Policy, we will notify you prior to the moment the modifications and changes enter into force.
PURPOSES OF PROCESSING
Why do we need your personal data? We will only process your personal data in accordance with applicable data protection and privacy laws. We need certain personal data in order to provide you with access to Website and provide the Services.
PROCESSING OF YOUR PERSONAL DATA
THIRD PARTY WEBSITES
INTERNATIONAL DATA TRANSFER
We seek to use and maintain reasonable physical, organizational, technical and administrative measures to protect personal data within the Company. Unfortunately, no transmission or storage system can be guaranteed to be completely secure, and transmission of information via the internet is not completely secure. We update and test our security technology on an ongoing basis as described in our internal security policies. We restrict access to your personal data to those employees who need to know that information to provide benefits or services to you. In addition, we train our employees about the importance of confidentiality and maintaining the privacy and security of your information and we have all the necessary legal documents with the employees to guarantee the protection of your personal data.
If you have reason to believe that your interaction with us is no longer secure, please immediately notify us of the problem by contacting us.
We will only retain your personal data as long reasonably required for you to use the Website unless a longer retention period is required or permitted by law (for example for regulatory purposes). Your personal data is stored by the Company on its servers, and on the servers of the cloud-based database management services the Company engages, located in the United States. For more information on where and how long your personal data is stored, and for more information on your rights of erasure and portability, please contact us.
• Opt-out. You may contact us anytime to opt-out of: (i) direct marketing communications; (ii) automated decision-making and/or profiling; (iii) our collection of sensitive personal data; (iv) any new processing of your personal data that we may carry out beyond the original purpose; or (v) the transfer of your personal data outside the EEA. Please note that your use of the Website may be ineffective upon opt-out.
• Access. You may access the information we hold about you at any time by contacting us directly.
• Amend. You can also contact us to update or correct any inaccuracies in your personal data.
• Move. Your personal data is portable – i.e. you to have the flexibility to move your data to other service providers as you wish.
• Erase and forget. In certain situations, for example when the information we hold about you is no longer relevant or is incorrect, you can request that we erase your data.
If you wish to exercise any of these rights, please contact us. In your request, please make clear: (i) what personal data is concerned; and (ii) which of the above rights you would like to enforce. For your protection, we may only implement requests with respect to the personal data associated with the particular identification that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable and in any event, within one month of your request. Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Policy or our practices in relation to your personal data, please contact us. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.
ESSAY ASSAY, INC.
TERMS OF SERVICE
LAST UPDATED: MAY 7TH, 2019
The website located at www.ecree.com, and the Ecree system (collectively and together the services provided by them, the “Service”) are copyrighted works belonging to Essay Assay, Inc. (“Company”, “us”, “our”, and “we”). Certain features of the Service may be subject to additional guidelines, terms, or rules, which will be posted on the Service in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
THESE TERMS REQUIRE THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1.1 Account Creation. In order to use certain features of the Service, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Service. Company may suspend or terminate your Account in accordance with Section 9.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
2. ACCESS TO THE SERVICE
2.1 License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service solely for your own personal, noncommercial use.
2.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Service, whether in whole or in part, or any content displayed on the Service; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Service; (c) you shall not access the Service in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Service shall be subject to these Terms. All copyright and other proprietary notices on the Service (or on any content displayed on the Service) must be retained on all copies thereof.
2.3 Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Service (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service or any part thereof.
2.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Service.
2.5 Ownership. Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Service and its content are owned by Company or Company’s suppliers. Neither these Terms (nor your access to the Service) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
3. USER CONTENT
3.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Service (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3). You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
3.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, sublicensable, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content solely for the purposes of including your User Content in the Service and providing you the services you may request with respect to your User Content, or in connection with the Service and Company’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
3.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Service to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Service unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Service to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Service; or (vi) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
3.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 9, and/or reporting you to law enforcement authorities.
3.5 Feedback. If you provide Company with any feedback or suggestions regarding the Service (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.
4. ADDITIONAL REPRESENTATIONS AND WARRANTIES OF EDUCATORS.
If you are a teacher, professor, school official or other educator (each, an “Educator”), you agree to the following terms and make the following representations and warranties in addition to those contained in other sections of these Terms:
4.1 FERPA. you acknowledge that your use of the Service in connection with Student Data is subject to the Family Educational Rights and Privacy Act (“FERPA”). “Student Data” is any information (in any format) that is directly related to any identifiable current or former student that is maintained by a School, and may include “educational records” as defined by FERPA. By way of example only, essays you upload to the Service for grading may be Student Data. While we may need to access Student Data to provide the Service to you, between us, you own the Student Data and remain responsible for it. We provide the Service as an outsourced function only. You hereby authorize us to access any Student Data you submit to the Service, and we will access and process Student Data only in order to provide the Service. As between us, you own all right, title and interest to all Student Data, you are solely responsible for any and all Student Data, whether provided by you, students, or others, and we do not own, control, or license Student Data, except to provide the Services
4.2 COPPA. The Children’s Online Privacy and Protection Act (“COPPA”) requires clear and verifiable parental consent before online service providers can collect personal information from children under 13. You represent and warrant that you have received consent from parents, or have the authority to provide consent on behalf of parents, for us to collect information from students before allowing children under 13 to access the Service or providing any Student Data with respect to such students.
4.5 Deletion of Student Data. You may request in writing that we delete any of your Student Data (except as provided for in Section 4.4) in our possession at any time. We will comply with your request in a commercially reasonable time.
5. INDEMNIFICATION. You agree to indemnify and hold Company (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Service, (b) your violation of these Terms, (c) your violation of applicable laws or regulations (d) your User Content, or (e) if you are an Educator, your breach or misrepresentation regarding any of the representations and warranties in Section 4 of these Terms. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. THIRD-PARTY LINKS & ADS; OTHER USERS
6.1 Third-Party Links & Ads. The Service may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
6.2 Other Users. Each Service user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Service users are solely between you and such users. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved.
6.3 Release. You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Service (including any interactions with, or act or omission of, other Service users or any Third-Party Links & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE SERVICE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
9. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect while you use the Service. We may suspend or terminate your rights to use the Service (including your Account) at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Service will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your Account or deletion of your User Content. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2.2 through 2.5 and Sections 3 through 11.
10.1 Changes. These Terms are subject to occasional revision, and if we make any material changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), or by prominently posting notice of the changes on our Service. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any material changes to these Terms will be effective upon the earlier of 30 calendar days following our dispatch of an e-mail notice to you (if applicable) or 30 calendar days following our posting of notice of the changes on our Service. These changes will be effective immediately for new users of our Service. Continued use of our Service following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
10.2 Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
(b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to the Company should be sent to: firstname.lastname@example.org. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally. If you and the Company do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
(c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate or if the parties agree not to use AAA, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The arbitration shall be conducted by a single, neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
(d) Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
(e) Time Limits. If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and the Company.
(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
(i) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(j) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
(k) Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
(l) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
(m) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
(n) Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
(o) Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Durham County, North Carolina, for such purpose
10.3 Export. The Service may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.
10.4 Disclosures. Company is located at the address in Section 11.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
10.5 Electronic Communications. The communications between you and Company use electronic means, whether you use the Service or send us emails, or whether Company posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
10.6 Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
10.7 Copyright/Trademark Information. Copyright © 2015 Essay Assay, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Service are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
10.8 Contact Information: The best, most efficient way to contact us is by email at email@example.com.
ESSAY ASSAY, INC.
LAST UPDATED: MAY 7TH, 2019
Copyright for the entire content of this website (www.ecree.com) belongs to Essay Assay, Inc. (the “Company”).
The Company owns the copyright and all other rights in this website and the materials on it and you are responsible for obeying all applicable laws relating to the intellectual property laws as they pertain to this site and the materials on it.
The Company allows you to print or store a reasonable amount of material from the website for your personal use or for use within your firm or organization, but material should not be copied, used or re-published in whole or in part without the prior written permission of the Company and without acknowledging the source, either by the use of appropriate words or by use of our copyright notice © Essay Assay, Inc., 2019.
Where permission for use is granted by the Company the following conditions apply:
When such information is distributed or reproduced, it must appear accurately and the Company must be cited as the source.
Where the information is incorporated in documents that are sold (regardless of the medium), the natural or legal person publishing the information must inform buyers, both before they pay any subscription or fee and each time they access the information taken from Company’s website, that the information may be obtained free of charge through the Company's website.
Pursuant to the Digital Millennium Copyright Act of USA (17 U.S.C. § 512), the procedures for receiving written notification of claimed infringements have been implemented. If you believe in good faith that your copyright has been infringed, you may contact the owner of the website providing the following details:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description specifying the location on our website of the material that you claim is infringing;
Your email address and your mailing address and/or telephone number;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Any inquiries and claims should be addressed via available means of communication available on the website.
ESSAY ASSAY, INC.
DATA PROCESSING AGREEMENT
LAST UPDATED: MAY 7TH, 2019
You are as a customer of our services (hereinafter the “Data Controller”) available on the website www.ecree.com (hereinafter the “Website”) and other related services, and Essay Assay, Inc. (hereinafter the “Data Processor”), have entered into our Terms of Service (available on the Website) under which the Data Processor has agreed to provide you Services (as defined in the Terms of Service) and related technical support to Data Controller (the "Agreement").
This Agreement is a part of the Terms of Service and your agreement with the Terms of Service means the agreement with the Agreement.
(A) This Agreement is to ensure the protection and security of data passed from Data Controller to the Data Processor.
(B) This Agreement is compliant with the requirements of Article 28 of the General Data Protection Regulation.
(C) The parties wish to record their commitments under this Agreement.
IT IS AGREED AS FOLLOWS:
1. DEFINITIONS AND INTERPRETATION
In this Agreement:
"Data Protection Laws" means any national data protection law, together with legislation incorporating GDPR;
"Data" means personal data passed under this Agreement;
“GDPR” means the General Data Protection Regulation;
"Services" means services which are provided by the Data Processor to the Data Controlled and which are available and offered on the website or any related services offered by the Data Processor.
2. DATA PROCESSING
The Data Controller is the data controller for the Data and the Data Processor is the data processor for the Data. The Data Processor agrees to process the Data only in accordance with Data Protection Laws and in particular on the following conditions:
The Data Processor shall only process the Data (i) on the written instructions from Data Controller (ii) only process the Data for completing the Services and (iii) only process the Data in the EU/EEA or any country which has an adequacy decision (particularly, the Data Processor is based in the USA and uses a subprocessor, certified according to the EU-U.S. Privacy Shield, for storage which is based in the USA) (Article 28, para 3(a) GDPR);
ensure that all employees and other representatives accessing the Data are (i) aware of the terms of this Agreement, internal security policies, and instructions, and (ii) have received instructions/training on Data Protection Laws and related good practice, and (iii) are bound by a commitment of confidentiality (Article 28, para 3(b) GDPR);
The Data Controller and the Data Processor have agreed to implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, complying with Article 32 of GDPR, details of those measures are set out under Part B of the Annex to this Agreement (Article 28, para 3(c) GDPR);
the Processor shall not involve any third party in the processing of the Data without the consent of Data Controller. (Article 28, para 3(d) GDPR);
taking into account the nature of the processing, assist the Data Controller by appropriate technical and organisational measures, in so far as this is possible, for the fulfillment of Data Controller’ obligation to respond to requests from individuals exercising their rights laid down in Chapter III of GDPR – rights to erasure, rectification, access, restriction, portability, object and right not to be subject to automated decision making, etc. (Article 28, para 3(e) GDPR);
assist Data Controller in ensuring compliance with the obligations pursuant to Articles 32 to 36 of GDPR – security, notification of data breaches, communication of data breaches to individuals, data protection impact assessments and when necessary consultation with the national data protection authorities, taking into account the nature of processing and the information available to the Data Processor (Article 28, para 3(f) GDPR);
at Data Controller’ choice safely delete or return the Data at any time. It has been agreed that the Data Processor will in any event securely delete the Data at the end of the Services. Where the Data Processor is to delete the Data, deletion shall include the destruction of all existing copies unless otherwise a legal requirement to retain the Data (Article 28, para 3(g) GDPR);
make immediately available to Data Controller all information necessary to demonstrate compliance with the obligations laid down under this Agreement and allow for and contribute to any audits, inspections or other verification exercises required by Data Controller from time to time (Article 28, para 3(h) GDPR);
arrangements relating to the secure transfer of the Data from Data Controller to the Data Processor and the safekeeping of the Data by the Data Processor.
maintain the integrity of the Data, without alteration, ensuring that the Data can be separated from any other information created; and
contact the Data Controller within 36 hours if there is any personal data breach or incident where the Data may have been compromised.
The Data Controller may immediately terminate this Agreement on written notice to the Processor. The Processor may not terminate this Agreement without the written consent of Data Controller.
This Agreement may only be varied with the written consent of both parties.
This Agreement represents the entire understanding of the parties relating to necessary legal protections arising out of their data controller/processor relationship under the Data Protection Laws.
Details of personal data being passed and method of secure data transfer arrangements:
To provide services
E-mail address of Data Controller’s users and other information which may identify a user of the Data Controller
Users of the Data Controller
Third parties and recipients with access to the Data
The Data Processor uses servers which are located in the United States. The recipients of Data are the highest management of the Data Processor.
Data retention period
Data will be retained until the Data Controller asks for the erasure, deletes its account, or terminates the Terms of Service of the Data Processor.
Compliance with Article 32, para 1 of GDPR
The Data Processor uses anonymization and encryption techniques to protect personal data.
The Data Processor ensures the ongoing confidentiality, integrity, availability, and resilience of processing systems and related services. The Data Processor has a non-disclosure agreement with all its employees and other personnel. The data is shared only with management employees who need it to provide services. The Data Processor has a security policy and instructions for employees on how to handle GDPR requests.
The Data Processor, depending on the technical possibility of its subprocessor, may restore the availability and access to personal data in a timely manner in the event of a physical or technical incident.
The Data Processor provides processes for regularly testing, assessing and evaluating the effectiveness of the technical and organisational measures for ensuring the security of the processing.
Compliance with Article 32, para 2 of GDPR
The Data Processor assesses the appropriate level of security, in particular of the risks that are presented by processing, in particular from an accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to data transmitted, stored or otherwise processed.
Compliance with Article 32, para 3 of GDPR
There is no approved code of conduct referred to in Article 40 (GDPR) or an approved certification mechanism as referred to in Article 42 (GDPR) which may be used as an element by which to demonstrate compliance with the requirements.
Compliance with Article 32, para 4 of GDPR
The Data Processor processes the Data only on behalf of the Data Controller.