EssayJack Terms & Conditions

Welcome to the EssayJack Inc. website (formerly LLRB Holdings Inc.).

By using EssayJack Inc.’s website, you agree to comply with and be bound by the terms of use set below. If you do not agree to these terms, you should not use our website. The terms “EssayJack”, “EssayJack Inc.”, “essayjack.com”, “our”, “us”, and “we” refer to EssayJack Inc. and its website and web-application called “EssayJack.”

EssayJack Inc. holds copyright on all text, images, trademarks and logos on this Web Site, except those belonging to third parties. All content on the EssayJack Inc. website is copyrighted by EssayJack Inc. and may not be reproduced to used without crediting us with authorship.

We may make reference to third party logos or company names. All third party information is the property of the third party.

Our website may provide links external to EssayJack Inc. By providing these links we do not endorse, recommend or otherwise take responsibility for the content of the sites, unless otherwise explicitly stated.

Terms & Conditions to Use EssayJack:

These Terms and Conditions of Use (the “User Terms”) describe your rights and responsibilities concerning your use of the EssayJack web application currently located at www.essayjack.com and all associated services (collectively, the “Website”).

All rights reserved. EssayJack™ is a trade-mark of EssayJack Inc. Copyright © EssayJack Inc. Patent protected.

 

Last Updated February 10, 2021

 

1. Operator and Provider.  The website, www.essayjack.com provides access to the patented EssayJack interactive web-application which pre-structures student essays and allows for teacher/instructor feedback together with any other features made available by EssayJack from time to time as part of the service (together the “Website”) is provided by EssayJack Inc (“EssayJack”, “we”, “our” and “us”).  These Terms of Use (the “Terms) and the EssayJack privacy policy and any other documentation incorporated by reference in them (collectively the “Agreement”) set out the terms on which EssayJack will make the Website and its related features and functionality available to you as an individual subscriber or a subscriber through an academic institution which has entered into on a subscription services agreement with EssayJack for use of the Website. 

 

2. Modifications and Updates.  We reserve the right to unilaterally update or modify (collectively “change”) this Agreement at any time and from time to time. We will notify you of any changes to these Terms by posting notice of such changes on the Website or sending notice to you via email. You acknowledge and agree that your continued use of the Website following notice of such change means that you agree to and accept the amendments. If you do not agree, you must immediately stop using the Website, and notify us that you are terminating this Agreement.

 

3. Account Eligibility.  You must be at least 13 years old to create an account on the Website and use the Website and Services.  If you are below the age of majority in your place of residence you confirm that your parents or legal guardians have agreed to the User Terms on your behalf, or are using the Website in an educational institution under license with that institution.

 

4. Account Sign-Up and Information Use.  When you sign up for an account you will be asked to provide your full name, an email address and password, your location and other optional information such as your gender and type of school, all as set out on the registration page. This information is used only to facilitate your access to the Services, and to communicate with you regarding your account.  Please see the EssayJack Privacy Policy [https://www.essayjack.com/privacy-policy] for more information about the way we collect and handle personal information.  We reserve the right to refuse to permit the opening of an account, or the provision of service, to anyone at any time for any reason.

 

5. License Grant.  Subject to your compliance with these User Terms we grant to you a limited, personal, non-exclusive, non-transferable license to use the Website for your own use and not for resale or further distribution.  Your right to use our Services is limited by all terms and conditions set forth in these Terms.   Except for this license granted to you, we retain all right, title and interest in and to the Website and the underlying technology, including all related intellectual property rights in the same. The Website and technology are protected by applicable intellectual property laws, including Canadian copyright law and international treaties.  Except as otherwise explicitly provided in these user Terms or as may be expressly permitted by applicable law, you will not, and will not permit or authorize any third party to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of the Website or the underlying technology and services; or (ii) rent, lease or sublicense access to the Website.

 

6. Usage Restrictions.  EssayJack reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public. In using the Website, you shall not:

 

    1. copy any content unless expressly permitted to do so herein;

    2. upload, post, email, transmit or otherwise make available any material that:
        1. is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;

        2. You do not have a right to make available under any law or under a contractual relationship;

        3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);

        4. use any communication features of the Website (or other functionality made available through the Service) to transmit unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

        5. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or

        6. contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;

 

c) impersonate any person or entity or misrepresent their affiliation with a person or entity;

 

d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;

 

e) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

 

f) intentionally or unintentionally violate any applicable local, state, national or international law or regulation;

 

g) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website; or

 

h) Modify, translate, make derivative works of, disassemble, duplicate, adapt, hack, decompile, reverse compile, modify or reverse engineer any part of the App or any software provided as part of the Website or to falsely imply that another website is associated with the Service, EssayJack or any other EssayJack service, except to the extent the foregoing restrictions are expressly permitted by applicable law.

 

6. Feedback.  We seek and welcome your comments and other feedback regarding the Website and our Services. Comment and other feedback (whether provided through this Website, by electronic mail or otherwise) including any data, questions, suggestions, testimonials or the like (collectively “Feedback”). helps us to improve our Website and our Services.  If you provide us with Feedback you agree that: (a) we are not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information belonging to you or any third party and you have all of the necessary rights to disclose the Feedback to us; (c) EssayJack (including all of its successors and assigns) may freely use Feedback without any restrictions; and (d) you are not entitled to receive any compensation or re-imbursement of any kind in respect of such Feedback.

 

7. Submissions.  Except for Feedback, as between you and EssayJack, you own data of any kind you upload or otherwise submit to the Website including modifications you make to such data (“Submissions”).  You acknowledge that, although we may monitor or review Submissions from time to time, we are under no obligation to do so, and we have the right (but not the obligation) to remove, or refuse to provide access to, your Submissions. By uploading Submissions, you represent and warrant that: (a) all rights in and to the Submissions (including intellectual property rights), are owned by you or you have full authority by way of the necessary licenses, permissions, waivers and consents to use, reproduce and otherwise deal with the Submissions for the purposes made possible by the Website; and (b); the Submissions and their use as contemplated hereby will not conflict with or violate any other agreement between you and any other party, and do not conflict with or violate any applicable laws (including as relating to intellectual property, confidentiality, obscenity, personal, privacy or proprietary rights).  By providing Submissions you grant us a world-wide, royalty-free, non-exclusive license to access, store and use such Submissions for provision of the services and for the compilation and creation of aggregated usage data and statistics derived during operation of the Website (“Service Data”).  Service Data will not contain Submissions and will be aggregated and anonymized prior to any use outside of EssayJack.  For further information about Service Data see the EssayJack Privacy Policy.

 

8. Confidentiality.  You agree not to use or publicly disclose any information pertaining to the Website or services available through it, or your Feedback, or this Agreement, for any purpose without our express prior written consent both before and after public launch of the Website. This restriction does not apply, however, to your Submissions.

 

9. Support.  We will make reasonable efforts to respond to any support requests and to remedy any issues that arise in relation to the Services. 

 

10. Suspension and Termination.  If you wish to terminate this Agreement, you may do so at any time by informing us [https://www.essayjack.com/contact-us] of your intention. Neither failing to log into the Website, failing to upload additional Submissions or failing to provide Feedback will, in and of itself, constitute your termination of this Agreement.   We may, at any time and for any reason and in our sole discretion, change, suspend or terminate (whether temporarily or permanently) the services or the Website (or any part thereof), or terminate this Agreement, without any prior notice or liability to you or any other person. Additionally, your rights under this Agreement will terminate automatically without notice from us if you fail to comply with any term(s) of this Agreement. If this Agreement is terminated by you or us for any reason, then: (a) this Agreement will nevertheless continue to apply and be binding upon you in respect of your Submissions and use of the Website and services prior to termination; (b) you may be prevented from accessing the Website, your account details, or any files or other content which is contained or attached to your account; and (c) you shall cease all use of the Website.

 

11. Disclaimers.  You expressly acknowledge and agree that you are aware that the Website and the services provided through the Website are provided to you “as-is.” Consequently the Website may contain known or unknown defects, and/or may cause predictable, unpredictable or undesired consequences. You expressly acknowledge and agree that the website is provided to you without representation or warranty of any kind, and that we expressly disclaim all warranties and conditions, express or implied with respect to the website.

 

You will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from using the website.  We will not be liable for any type of content made available by means of the website and will not be responsible for any data charges you incur in your use of the website.

 

Under no circumstances shall we be liable for any damages whatsoever, including, without limitation, any damages that result from (i) your use of or your inability to use the website, (ii) the cost of procurement of substitute goods, data, information or services, (iii) errors, mistakes, or inaccuracies, (iv) property damage of any kind whatsoever arising from or relating to your use of the services, any bugs, viruses or other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the website, or (v) any dealings between you and any persons to whom you send or transmit submissions created or modified through the website.

 

12. Limitation of Liability.  To the maximum extent not prohibited by law, in no event shall we be liable for any incidental, special, indirect, or consequential damages whatsoever, regardless of the theory of liability (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages. Notwithstanding the foregoing, in no event shall our total liability to you for all damages exceed the amount of five Canadian dollars (CAD $5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

 

Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, as such, to the extent such exclusions or limitations are specifically prohibited by law, some of the exclusions or limitations set forth below may not apply to you.

 

13. Indemnification.  You agree to indemnify and save harmless EssayJack, our affiliates, and our respective officers, directors, employees, consultants, representatives, members and agents (collectively, in this section, “us”) from and against any claim, cause of action, demand, cost, loss, expense or liability, including without limitation reasonable professional fees, brought against or suffered or incurred by us as a result of your use of the Website in breach of this Agreement.

 

14. Governing Law and Courts.  This Agreement and your use of the Website and all services will be governed by and interpreted exclusively in accordance with the laws of the Province of Ontario, and the federal laws of Canada applicable in Ontario, excluding its conflict of laws rules and all private international laws. You consent and submit to the exclusive jurisdiction of the Courts located in the Province of Ontario in all disputes arising out of or relating to your use of or inability to use the Website, the services and this Agreement.

 

15. Waiver.  No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.

 

16. Survival.  The provisions of Sections 4—14 shall survive termination of the Agreement, howsoever occasioned.

 

17. General.  This Agreement constitutes the full and entire understanding between you and us with respect to the subject matter, and supersedes all previous communications, representations and agreements, whether oral or written, between the parties with respect to the subject matter of this Agreement. This Agreement will be binding upon you and your heirs, executors and administrators and will enure to the benefit of our employees, agents, administrators, successors, assigns and licensees. Upon our request and at our cost, you agree to provide such information and documents, do such additional things, and sign such further documents connected with the licenses, releases and waivers contemplated by this Agreement. In the event that any provision of this Agreement is not enforceable, such provision will be severed from this Agreement, and the remainder of this Agreement will remain in full force and effect.