Terms of Service

Last updated January 6, 2013

Acknowledgement and Acceptance of Terms of Service

Welcome to The Chase Hill School For Academic Writing and Literary Arts, owned and operated by The Chase Hill School For Academic Writing and Literary Arts (“The Chase Hill School”), a service which provides visitors and registered users with access to a rich collection of fee-based content and services, including (though not limited to) writing, literary and grammar tools, tutorials, lessons, editorial, advisory, feedback and consultation (the “Service”). Your use of the Service indicates your acceptance of these Terms of Service. These Terms of Service also incorporate the terms of the Privacy Policy. The Chase Hill School may amend these Terms of Service at any time by posting the amended terms on the Website for the Service and such terms shall be effective for all use of the Service once they are posted.

You understand and agree that the Service may include advertisements and that these advertisements are necessary for The Chase Hill School to provide the Service.

Unless explicitly stated otherwise, any new features or content added to the Service shall be subject to the Terms of Service.

You are solely responsible for obtaining access to the Service, including any fees associated with accessing the service.

The Service Generally

The Service is intended only as a source of information. The content in the Service should not be considered complete nor should it be relied upon.

The Chase Hill School does not review or monitor any Website linked to the Service and is not responsible for the content of any such linked Websites. The Chase Hill School is providing these links solely as a convenience and inclusion of such links is not meant to imply that The Chase Hill School endorses any third party Website or any content, products or services available on a third party Website. Your linking to or viewership of such Websites is at your own risk.

The Chase Hill School reserves the right to constitute different classes of users of the Service, granting access to certain areas of the Service only to certain users.

The content available through the Service may be displayed, printed and downloaded for your personal, internal and non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, perform or circulate any such material without the prior written permission of The Chase Hill School.

Registration Obligations

In order for you to access certain portions of the Service, you will be required to register and provide The Chase Hill School a valid email address. In order to provide the Service, The Chase Hill School will send you certain communications via email and you acknowledge and agree that receipt of these communications is consideration for access to portions of the Service.

You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself and promptly update the Registration Data to ensure it is true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Chase Hill School has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, The Chase Hill School has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

Member Conduct

You understand that all information, in all forms (“Content”), whether publicly or privately submitted or posted, is the sole responsibility of the person from which such Content originated. This means that you, and not The Chase Hill School, are entirely responsible for all Content that you upload, post, submit to or otherwise make available to or via the Service. The Chase Hill School does not control all the Content posted to or via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances shall The Chase Hill School be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise made available to or via the Service.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree not to:

(i) Submit or make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(ii) Submit or make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(iii) Submit or make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(iv) Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(v) Through any means, create an irregular number sessions, temporary or transfer files, database queries, or other function, or exploit files or other functions which will disrupt the servers or networks connected to the Service.;

You agree to abide by all applicable laws, statutes, ordinances and regulations regarding your use of the Service.

Content Submitted or Made Available For Inclusion on The Service

The Chase Hill School does not claim ownership of Content you submit or make available for use or inclusion on the Service.   Students and students’ families will be responsible for, indemnify and hold harmless The Chase Hill School, against any claim arising from any content that you submit or make available for inclusion on the Service.

Term and Termination

The Chase Hill School may immediately terminate the Service if you fail to abide by the terms of these Terms of Service. In addition, The Chase Hill School may, but has no duty to, immediately terminate the Service if The Chase Hill School in its sole discretion concludes that you are engaged in fraudulent or illegal activities, sharing account with unauthorized users, or activities that may damage the rights of The Chase Hill School or others. Termination of the Service may result in the deactivation or deletion of your The Chase Hill School account or cause immediate termination of any forthcoming or ongoing tutorial contract your have with The Chase Hill School.

Effects of Termination By The Chase Hill School

If, for any reason, The Chase Hill School terminates Service to you and you have paid a fee for a particular Service, a pro-rated refund may be issued, at the sole discretion of The Chase Hill School, to you for services not rendered at the time of termination of the Service.

Disclaimer of Warranties

You expressly understand and agree that the Service is provided ‘as is’ and The Chase Hill School does not warrant the accuracy, completeness, marketability, fitness for a particular purpose, title to any of the data or function in its web site, any of the data or function linked to its web site, the data provided within the Service, any data or function provided by partners or vendors of this web site, or any Service provided herewith; nor does The Chase Hill School assume any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. The Chase Hill School does not warrant that code, content, files, access, functions or any combination thereof are free of errors or corruptions.

Reservation of Rights

The Service and its benefits are offered at the discretion of The Chase Hill School, and The Chase Hill School has the right to modify or discontinue, temporarily or permanently, the Service, in whole or in part for any reason, at its sole discretion, with or without notice to you. You agree that The Chase Hill School will not be liable to you or any third-party for any modification or discontinuance of the Service. The Chase Hill School, in its sole discretion, may add, delete, or change some or all of the features of the Service at any time.

You acknowledge that The Chase Hill School has the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, The Chase Hill School shall have the right to edit, refuse to post or remove any Content that violates these Terms of Service or is otherwise objectionable.

Limitation of Liability

IN NO EVENT SHALL THE CHASE HILL SCHOOL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Miscellaneous

These Terms of Service and the Privacy Policy, constitute the entire agreement between you and The Chase Hill School with respect to your access and use of the Service and supercedes all prior or contemporaneous agreements (whether oral, written or electronic) between you and The Chase Hill School with respect to the Service. If any provision of these terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect. The Service is controlled by The Chase Hill School from its offices within the State of California, USA. These Terms of Service shall be interpreted under the laws of the State of California and applicable federal law, without regard to any conflict of law provisions. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws.