Terms and Conditions of Use

Last Updated: 08/18/2020

WordScientists.org, including its subdomains, together with all of their features and content and related or commonly-owned or operated websites (the “Website”), is made available by WordScientists, LLC (“WordScientists”) and all content, information, services, text, photographs, video, audio, graphics and software ordered or provided on or through the Website (“Content”) may be used solely under the following terms and conditions of use and all other terms and conditions or documents incorporated by reference herein, including, without limitation, WordScientists’ {Privacy Policy} (“Terms of Use”), which constitutes a legally binding agreement relating to the use of the Website and the services provided therein, including the Content, between WordScientists and each individual, corporation, limited liability company, partnership, association, or other entity or party (a “Person”) that visits or uses the Website (collectively, “Users,” and each, a “User”, “you” or “your”).

YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE WEBSITEOR, IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), YOU MUST HAVE YOUR PARENT OR GUARDIAN’S PERMISSION TO USE THE WEBSITEAND YOU REPRESENT AND WARRANT YOU HAVE OBTAINED SUCH PERMISSION.

YOUR USE OF THE WEBSITEAND THE SERVICES OFFERED AND CONTENT CONTAINED THEREIN CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

By using the Website, you are deemed to have accepted, executed, and be bound by the terms of these Terms of Use. WordScientists may change or amend these Terms of Use at any time at its sole discretion. If WordScientists makes a material change or amendment to these Terms of Use, it will notify Users thereof by posting such changes or amendments on the Website, which changes or amendments will be effective automatically upon the posting thereof. You agree that all agreements, notices, disclosures, and other communications WordScientists provides to you electronically satisfy any legal requirement that such communications be in writing. IF ANY OF THESE TERMS OF USE OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE OR CONTINUE TO USE THE WEBSITE OR THE CONTENT. YOUR CONTINUED USE OF THE WEBSITE OR THE CONTENT FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS OF USE SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE.

Website License

WordScientists hereby grants you a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicenseable right and license to access and make personal use of the Website and Content solely permitted by the tools, products, services, functionalities, and/or features of the Website, or as expressly permitted by WordScientists in connection with your use of the Website and as provided herein, subject in all respects to these Terms of Use, and not for redistribution of any kind (the “License”). This License does not include any resale or commercial use of (i) the Website or Content, (ii) any Registration Data (defined below), (iii) any other content, materials, information, text, data, copyrights, designs, insignia, images, photos, articles, stories, artwork, videos, pictures, musical compositions, sound recordings, screenshots, chats, posts, graphics, identifying marks, Website pages, software, and other original works of authorship, and/or intellectual property uploaded to, or incorporated into, the Website or Content by WordScientists, or (iii) any trademarks, service marks, logos, designs, and insignia of WordScientists or any third-party Person or products or services used or displayed on or through the Website or in collateral materials thereto (collectively, “Trademarks,” and together with the items set forth in items (i) and (ii) above, the “Website Content”), which Website Content is and shall remain the sole and exclusive property of WordScientists or the applicable third-party licensor/owner from whom WordScientists obtained the right to use such Website Content. You specifically acknowledge and agree that all Trademarks described in item (iii) are registered and unregistered trademarks or service marks of WordScientists or the applicable third-party licensor/owner thereof, and nothing on the Website or in these Terms of Use should be construed as granting, by implication, estoppel, or otherwise, any right or license to use the Trademarks. All goodwill generated from the use of the Trademarks inures to the benefit of the applicable owner thereof.

As between you and WordScientists, WordScientists retains all right, title, and interest in and to the Website, throughout the world, in perpetuity, including, without limitation, (i) all text, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website, (iii) all other materials and content uploaded or incorporated into the Website, including, without limitation, all Website Content, which is owned by the applicable User, but which WordScientists has a right and license to use pursuant to these Terms of Use), and (iv) all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world, and the coordination, selection, arrangement and enhancement of such associated trade secret rights and other intellectual property and proprietary rights as a collective work under the U.S. Copyright Act of 1976, as amended (collectively, “Website IP”), and nothing contained herein shall be construed as creating or granting you any right, title, or interest in and to such Website IP other than the License granted herein. Website IP is protected in all forms, media, and technologies now known or hereinafter developed by state, federal, and international laws of copyright, trademarks, patents, and other intellectual property and proprietary rights.

Violation of this License may result in infringement of intellectual property and contractual rights of WordScientists, other Users, or other Persons, which is prohibited by law and could result in substantial civil and criminal penalties.

Third-Party Content and Products

The Website includes embedded third-party content or links (such as hyperlinks) to third-party websites, products, or services (including external websites that are framed by the Website as well as any advertisements displayed in connection therewith) that are not owned or controlled by WordScientists (collectively, “Third-Party Content”). Third-Party Content is provided as an information service, for reference and convenience only. WordScientists does not control any such Third-Party Content and is not responsible for their (i) availability or accuracy or (ii) content, advertising, or products or services. Additionally, the Website may enable you to purchase certain goods and services from third-party Persons (“Third-Party Products”), in which case Third-Party Terms, and not these Terms of Use, will apply to your use of that third-party merchant’s website and purchase of such Third-Party Products.

Inclusion of any Third-Party Content or Third-Party Products on the Website does not constitute or indicate WordScientists’s endorsement thereof and WordScientists shall not be liable or responsible for any Third-Party Content transmitted through the Website or Third-Party Products displayed on the Website. You shall be subject to any additional terms and conditions of use, guidelines, rules, privacy policies, and other practices applicable to any Third-Party Content that you access through the Website (“Third-Party Terms”). All such Third-Party Terms are hereby incorporated by reference into these Terms of Use. You acknowledge and agree that WordScientists will not and cannot censor or edit any Third-Party Content and that you shall assume the sole responsibility for and risk associated with your use and/or access of, or interaction with of Third-Party Content, including compliance with the terms and conditions of use, privacy policies, or practices associated therewith. Accordingly, WordScientists encourages you to be aware when you leave the Website and to read the terms and conditions of use and privacy policies associated with any Third-Party Content.

By using the Website, you expressly release and hold WordScientists harmless from any and all liability arising from your use of any Third-Party Content or purchase of any Third-Party Product, including any Losses (defined below) incurred as a result of any dealings between you and any third-party Persons, or as the result of the presence of such Third-Party Content or Third-Party Product on the Website or the failure of such Third-Party Content or Third-Party Product to function as intended. It is your responsibility to evaluate the content and usefulness of the information obtained from third-party Persons

Limitations on Website Use

The Website and Website Content, may not be used, modified, reproduced, duplicated, copied, published, distributed, downloaded, sold, resold, transformed, redesigned, reconfigured, retransmitted, or otherwise exploited by you for any purpose except as facilitated by the Website’s functionalities or without express prior written consent of WordScientists.

With limiting the foregoing, while using the Website, you may not:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of WordScientists or other Users, or use information learned from the Website or Content to otherwise defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate the legal rights of WordScientists or any other User outside of the Website;
  • Use the Website or Content for any purpose in violation of applicable local, state, federal, or international law or regulation;
  • Use or otherwise export or re-export the Website or any portion thereof, or the Website Content in violation of the export control laws and regulations of the United States;
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters;
  • Impersonate another User or any other Person or knowingly allow any other Person to use your identification or Account to utilize the Website;
  • Use a robot, spider, manual, and/or automatic processes, or devices to data-mine, data-crawl, scrape, or index the Website in any manner;
  • Hack or interfere with the Website or its servers or any connected networks;
  • Adapt, alter, license, sublicense, or translate the Website or Content for your own personal or commercial use except as may be expressly permitted by notices appearing on the Website or as separately agreed to between you and WordScientists;
  • Decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website;
  • Remove or alter, visually or otherwise, any copyrights, trademarks, or proprietary marks and rights owned by WordScientists or any third-party licensor/owner thereof;
  • Use the Website to collect Registration Data of Users by electronic or other means;
  • Use the Website in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining WordScientists’ trade secret information for public disclosure or other purposes;
  • Use, transfer, distribute, or dispose of Website or Website Content in any manner that could compete with the business of WordScientists;
  • Advertise or offer to sell any goods or services for any commercial purpose through the Website, or otherwise post commercial advertisements, affiliate links, and other forms of solicitation, which may be removed from the Website without notice to you at any time, unless otherwise agreed by you and WordScientists in a separate written agreement;
  • Circumvent, remove, alter, deactivate, degrade, or thwart any content protections in the Website; or
  • Cause or induce any Person to engage in the restricted activities above.

The License granted to you terminates automatically upon any unauthorized use of the Website or the Content and WordScientists will take appropriate investigative and legal action for any illegal or unauthorized use of the Website or Content.

Unlawful Activity; Termination of Website Access

WordScientists reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action WordScientists deems appropriate, including, without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third Persons and disclosing any information necessary or appropriate to such Persons relating to Users’ email addresses, usage history, IP addresses, and traffic information

WordScientists further reserves the right, in its sole discretion and without notice or liability to you, to suspend or terminate your use of, or access to, the Website (either in whole or in part) at any time for any reason with any conditions, including, without limitation, if WordScientists believes in good faith that you have violated or acted inconsistently with these Terms of Use or any applicable law or that you have engaged in conduct that WordScientists determines, in its sole discretion, to be inappropriate or unacceptable. WordScientists may also terminate your access to the Website if you assert any legal claim or bring any legal action against WordScientists or assert any legal claim or bring any legal action that involves the Website. WordScientists also reserves the right, at its sole discretion, to seek and obtain any other remedies available to WordScientists pursuant to any applicable laws and regulations or at equity as a result of your breach of these Terms of Use or any other act or omission by you that gives rise to a legal claim or legal action by WordScientists. In the event your right to use the Website terminated, limited, or suspended, these Terms of Use will remain in effect and enforceable against you.

You may terminate these Terms of Use at any time by ceasing all use of the Website and Content; provided, however, that all sections of these Terms of Use which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms of Use.

User Accounts

In order to utilize certain full functionalities of the Website, each User may need to register and create an Account (each, an “Account”). You agree to create only one (1) unique Account and that you shall be the sole authorized user of your Account. As part of the registration process, Users will be asked to submit certain information such as their name, email address, phone number, profile name, etc., and to create an Account login password (collectively, “Registration Data”). You agree that all Registration Data you provide to WordScientists will be and remain at all times true, accurate, current, and complete. WordScientists may from time to time modify or add to the Registration Data information fields required to create an Account, and you agree to promptly complete any such additional or modified information fields when and as requested by WordScientists.

WordScientists will have the right to use your Registration Data in connection with servicing and operating the Website. You agree to (i) restrict access by any other Person to your Account password or other login information, (ii) not knowingly use the name or email of any other Person without authorization to create an Account, (iii) not use an email or profile name or other Registration Data that is profane, offensive, or otherwise inappropriate, (iv) not allow any third-party Person to use your Account login information, Registration Data, or Account, and (v) notify WordScientists of any breach of security by promptly sending WordScientists an email to {info@wordscientists.org}. You agree that you will be liable for all activities that occur under your Account, even if such activities were not committed by you. WordScientists is not responsible for any Losses as a result of someone else using your Account, Registration Data, or password, with or without your knowledge.

If you are 13 years old or older but younger than the age of majority in your jurisdiction, you may register and become a Member on your own as long as you obtain your parent or legal guardian’s consent prior to registering, and by continuing to use WordScientists, you represent and warrant that you have obtained that permission.

Fees and Payments

WordScientists charges fees for access to certain parts of the Website and Content. In order to access these areas, you may be required to establish an Account. Notwithstanding the foregoing, any specific arrangement you may make with WordScientists regarding payment of fees shall not affect in any way your other obligations under the Terms of Use, except as provided otherwise herein. You shall pay all fees and charges incurred through your Account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Website. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Website, Content, and any other products or services through your Account. Certain portions of the Website or the Website as a whole may require a subscription agreement and/or a prepaid fee which may be modified from time to time in WordScientists’ sole discretion. The prepaid fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you be allowed access to any portion of the Website or Content for which a prepaid fee is required unless and until WordScientists receives all fees and charges payable by you.

Advertisers on Website

The Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website is accurate and complies with applicable laws. WordScientists will not be responsible for the illegality of or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers and sponsors.

Special Promotions

WordScientists may from time to time provide certain promotional opportunities, sweepstakes, and contests to Users. All such promotions will be run at the sole discretion of WordScientists, and can be activated, modified, or removed at any time by WordScientists without advance notification and the liability of any of WordScientists’ partners pursuant to such promotional opportunities, sweepstakes, and contests shall be limited pursuant to these Terms of Use.

Third-Party Communications

By providing WordScientists with your email address and using the Website, you hereby affirmatively consent to the use of your email address for notifications from WordScientists regarding important service announcements and other administrative communications related to your use of the Website, as well as certain marketing and other advertising communications from WordScientists and from WordScientists’ third-party advertising partners, as more fully set forth in WordScientists’ {Privacy Policy}. You will be able to opt out of receipt of certain notifications by following the instructions described in WordScientists’ {Privacy Policy}; however, if you do not wish to receive certain service and other administrative notifications related to the Website, your only way to opt out of such messages is to stop using the Website.

WordScientists disclaims all liability for any communications directed to you from any third-party Person, directly or indirectly, in connection with the Website (“Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. WordScientists assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications.

By using the Website, you expressly release and hold WordScientists harmless from any and all liability arising from your use of any Third-Party Communications, including any Losses incurred as a result of any dealings between you and any third-party Persons. It is your responsibility to evaluate the content and usefulness of the information obtained from third-party Persons.

Representations and Warranties

The Website is available only to Persons who, if individuals, are eighteen (18) years or older (or any greater age required to be deemed to have reached the age of majority under the applicable law of the state or jurisdiction of such person’s primary residence), or who are between the ages of thirteen (13) and eighteen (18) who have their parent or guardian’s permission to use the Website. BY ACCESSING AND USING THE WEBSITE, EACH PERSON WHO IS AN INDIVIDUAL REPRESENTS AND WARRANTS THAT THEY ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO BE DEEMED TO HAVE REACHED THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF THEIR PRIMARY RESIDENCE), OR IF THEY ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), HAS THEIR PARENT OR GUARDIAN’S PERMISSION TO USE THE WEBSITE AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO, AND TO BE BOUND BY, THESE TERMS OF USE, AND WILL SO ABIDE.

You represent and warrant that (i) all Registration Data and other information that you submit, upload, post, or transmit in or to the Website is true, accurate, current, and complete and (ii) that such Registration Data and other information, when used for the purposes in which it is submitted, uploaded, posted, or transmitted in or to the Website, does not infringe upon the rights of any Person, including, without limitation, intellectual property rights, propriety rights, and rights of publicity/privacy. You acknowledge and agree that you shall be solely responsible for all Registration Data and other information that you provide to WordScientists and that WordScientists reserves the right to reject or remove all or a portion of any such Registration Data or other information from the Website that WordScientists determines, in its sole discretion, does not comply with these Terms of Use, or for any other reason, without notice or liability to you.

Disclaimers

YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WORDSCIENTISTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE WEBSITE OR THIRD-PARTY CONTENT LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF WORDSCIENTISTS’ SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN. WORDSCIENTISTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PERSON THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND WORDSCIENTISTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WITHOUT LIMITING THE FOREGOING, NONE OF THE WORDSCIENTISTS PARTIES (DEFINED BELOW) WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE WEBSITE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY CONTENT, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WEBSITE. NONE OF WORDSCIENTISTS PARTIES SHALL BE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. NONE OF THE WORDSCIENTISTS PARTIES WARRANT THAT THE WEBSITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. THE WORDSCIENTISTS PARTIES CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED, OR USED BY OTHERS.

TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 (AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT WORDSCIENTISTS IS ONLY WILLING TO PROVIDE THE WEBSITE IF YOU AGREE TO CERTAIN LIMITATIONS OF WORDSCIENTISTS’S LIABILITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD WORDSCIENTISTS OR ANY OF ITS PAST, PRESENT, OR FUTURE PARENT, SUBSIDIARY, OR AFFILIATE COMPANIES OR ANY OF THEIR RESPECTIVE PAST, PRESENT, OR FUTURE OFFICERS, DIRECTORS, STOCKHOLDERS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, CONTENT PARTNERS, VENDORS, LICENSORS, DISTRIBUTORS, ADVERTISERS, OTHER CONTRACTING PERSONS, AGENTS REPRESENTATIVES, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE “WORDSCIENTISTS PARTIES”) LIABLE FOR ANY SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PERSON’S LOSSES (DEFINED BELOW), INCLUDING AS A RESULT OF YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION ANY CLAIMS ARISING IN CONNECTION WITH THE CONDUCT, ACT, OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY WORDSCIENTISTS OR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.

UNDER NO CIRCUMSTANCES WILL ANY OF THE WORDSCIENTISTS PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT ANY OF THE WORDSCIENTISTS PARTIES IS LIABLE FOR LOSSES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).

YOU AND WORDSCIENTISTS AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR WORDSCIENTISTS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR WORDSCIENTISTS ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND WORDSCIENTISTS FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, WORDSCIENTISTS, AND ALL OTHER PARTIES TO ANY SUCH PROCEEDING.

Indemnification

You hereby agree to indemnify, defend and hold harmless, the WordScientists Parties, from and against any and all losses, liabilities, damages, settlements, costs, penalties, or expenses (including attorneys’ fees and costs) (collectively, “Losses”) arising out of or in connection with any claim brought by a third-party Person based on: (i) your use of, or inability to use, the Website; (ii) any breach of any representation, warranty, covenant, or obligation of yours under these Terms of Use; (iii) any Registration Data; (iv) your violation of any applicable local, state, federal, or international law or regulation; or (v) your violation of any Person’s rights, including, but not limited to, any intellectual property rights WordScientists or rights of privacy and publicity. The applicable WordScientists Parties shall promptly notify you in writing of any such indemnified claim (provided, however, any delay in such notice shall not relieve you of your obligations hereunder except to the extent such delay prejudices the defense of such claim) and give you the opportunity to defend or settle such claim at your sole cost and expense; provided, however, you shall not settle any such claim without the applicable WordScientists Parties’ prior written consent, not to be unreasonably withheld, delayed, or conditioned; provided, further, the WordScientists Parties reserve the right to assume the exclusive defense and control of any such claim. In all cases, the WordScientists Parties will cooperate with you, at your sole cost and expense, in defending or settling such claim.

Website Access Requirements; Errors and Corrections; Updates and Maintenance

Access to and use of the Website requires a compatible mobile device or web browser and Internet connection. Although WordScientists endeavors to ensure that the Website is compatible across various devices, WordScientists cannot guarantee that the Website will work with all devices and hardware types.

It is your responsibility to ensure that your computer or mobile device complies with the requirements for accessibility. Your use of the Website may vary in functionality, availability, and quality depending on the type of the device and the operating system that you use and WordScientists accepts no responsibility for any lack of functionality that is due to your equipment (including your device, Internet connection, operating system or settings and software).

It is your responsibility to pay for all costs and expenses that you may incur while using the Website (including, but not limited to, all telephone call or line charges or Internet data service access charges).

WordScientists does not represent or warrant that the Website or Website Content will be error-free, free of viruses or other harmful components, or that defects will be corrected or that the Website, Website Content, will always be accessible. WordScientists does not warrant or represent that the Content available on or through the Website will be correct, accurate, timely, or otherwise reliable. Your access to the Website may be interfered with by numerous factors outside of WordScientists’ control including, without limitation, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment, or software defects. WordScientists is not responsible, and will have no liability, for any failures of the Internet or any data or telecommunications equipment, system, or network used in connection with the Website. Additionally, perfect security does not exist on the Internet; WordScientists cannot and does not guarantee that any Registration Data or other personally identifiable information submitted, uploaded, posted, or transmitted in or to the Website will not become public under any circumstances.

WordScientists may in the future update the Website, or any portion thereof, to change the Website Content and/or features thereof at any time (an “Update”). WordScientists shall not be liable to any User in any way as a result of any temporary suspension of the Website or Content, or portions thereof, arising from or in connection with an Update. Furthermore, WordScientists is under no obligation to undergo an Update to the extent any Website Content, and/or other features or material contained therein or related thereto is out of date. The terms of the License granted to you herein shall apply in full to any Update.

Privacy

Your privacy is very important to WordScientists. To understand WordScientists’ practices, please review WordScientists’ {Privacy Policy}, which is incorporated by reference into these Terms of Use and also governs your use of the Website. Likewise, you represent and warrant that you will respect the privacy, property, and data protection rights of Users.

Governing Law and Jurisdiction; Disputes

The Terms of Use are governed by and construed in accordance with the internal law of the State of Louisiana without reference to its principles of conflicts of laws and any dispute or legal claim arising out of or relating to these Terms of Use or your use of the Website shall be adjudicated exclusively in either the state courts situated in Orleans Parish, Louisiana or the United States District Court for the Eastern District of Louisiana and you hereby irrevocably waive all jurisdictional, venue, or inconvenient forum objections to such courts.

You agree that, regardless of any applicable law to the contrary, any legal claim or cause of action arising out of or relating to these Terms of Use or your use of the Website must be filed with a court of competent jurisdiction within one (1) year after such legal claim or cause of action arose or else will be forever barred.

Assignments

WordScientists may assign, subcontract, or otherwise transfer any or all of its rights and/or obligations under these Terms of Use to any Person. You may not assign or transfer your rights or obligations under these Terms of Use to any Person.

Waiver and Severability of Terms; Entire Agreement

Failure by WordScientists to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. These Terms of Use incorporate by reference any notices contained on the Website and the {Privacy Policy} and constitute the entire agreement with respect to access to and use of the Website and Website Content.

Contact

Questions or comments about the Website or WordScientists’ services or these Terms of Use should be sent by email to {info@wordscientists.org} or mail to 2801 Dauphine Street, New Orleans, Louisiana 70117.