Last updated: 3/17/09

Please Read Carefully Before Using this Website.

Welcome to Eduify.com (the “Eduify Site”). The Eduify Site is owned by eBricks, Inc. (“eBricks”, “we,” “us,” or “our”). Your use of the Eduify Site, and any of its services (including but not limited to the Paper Box, Status Box, Research Box, Editor, and Proofreading and Editing Services) is governed by these Terms of Use. BY CLICKING THE “I ACCEPT’ BUTTON OR BY USING THE EDUIFY SITE OR ANY OF ITS SERVICES, YOU AGREE TO THESE TERMS OF USE, INCLUDING THE LIMITATIONS OF LIABILITY PROVISIONS IN THESE TERMS OF USE. If you do not accept these Terms of Use, you are not authorized use the Eduify Site or any of its services and you must select the “I DO NOT ACCEPT” button. These Terms of Use apply to your use of the service(s) on a beta (or free trial) basis, except that the provisions below regarding payment will not apply to such use.

Other Policies and Terms

By using the Eduify Site or any of its services, you also agree to the Privacy Policy, the Anti-Cheating Policy , the Copyright Infringement Policy, and the Fees and Payment Policy, each of which are posted to the Eduify Site and are incorporated in (and made a part of) these Terms of Use by reference. In addition, we may offer certain services on or through the Eduify Site to which additional or different terms, conditions, rules or requirements (“Additional Terms”) will apply and you will be required to agree with those Additional Terms. These Terms of Use and applicable Additional Terms shall be read and interpreted, to the extent possible, so that there is no conflict between them. To the extent there is such conflict, the Additional Terms governing the applicable activity shall prevail as to that activity.

Eligibility

The Eduify Site and its services are intended for clients who are high school and college students and are not intended for children under the age of 13. If you are under the age of 18, you will need your parents’ permission to use the services that require payment.

Our Proprietary Rights

The Eduify Site and its services contain proprietary and confidential information that is available only to registered users and is protected by applicable intellectual property and other laws. Excluding Client Documents (as defined below), the content on the Eduify Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, “Materials”) and the trademarks, service marks and logos on the Eduify Site or its services ("Marks"), are owned by or licensed to eBricks, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.

Use of the Services

Subject to your full compliance with these Terms of Use, you may access and use the Eduify Site and its services and content, including the Materials, for your own personal, educational purposes. All rights not expressly granted are reserved by eBricks and its suppliers and licensors. Except as expressly authorized by eBricks, you agree not to download, modify, duplicate, rent, lease, loan, sell, distribute or create derivative works based on the Eduify Site or any of its services or contents (including the Materials), in whole or in part, nor may you use any of these items for any commercial purposes. You agree not to access the Eduify Site or its services by any means other than through the interface that is provided by eBricks for use in accessing the site and services.

Modifications

eBricks reserves the right to modify or amend these Terms of Use at any time by notifying you of such changes via electronic communication, which may include posting the modified Terms of Use on the Eduify Site, or posting a notice of the modified terms to clients and users, or by e-mail to you, at our sole option. All changes will be effective upon our posting or sending the communication and will only affect your use of the services after the effective date of the change, unless we clearly express otherwise. You are encouraged to regularly visit these Terms of Use to review for any changes. Your use of the Eduify Site or any of its services after Eduify provides notice of such changes as provided in this paragraph shall be deemed your approval of such changes. However, if you have already paid for services for a particular proofreading or editing project (“Writing Project”), then the Terms of Use that were in force at the time of your payment for that Writing Project will remain in effect for that Project. Any new Writing Projects submitted and paid for after the effective date of changes to these Terms of Use is subject to the new terms.

The Eduify Site and its services are continually under development and changes to the Eduify Site and the services, including adding or deleting services and/or features, may be made at any time. You agree that eBricks shall not be liable to you or to any third party for any such modification of the Eduify Site, its services or these Terms of Use and your sole remedy for such modification is for you to terminate your right to access and use the Eduify Site and services as provided below.

Registration; Account Information

You must register to use the services as a client of the Eduify Site. By registering, you represent, warrant and covenant that you will: (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if eBricks has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, eBricks has the right to suspend or terminate your account and refuse any and all current or future use of the Eduify Site and its services.

You may only have one active client account on the Eduify Site at any given time. You may not transfer your account to any third party without eBricks’s prior written consent. You will be assigned, or you must choose, a user name and password for access to and use of the Eduify Site and its services. You are responsible for maintaining the confidentiality of your user name and password and for all activities that occur through use of your account or under your user name and/or password. You agree to promptly notify us of any unauthorized use of your user name, password or any other breach of security that you become aware of involving or relating to the Eduify Site and its services by emailing us at support@eduify.com. In order to maintain the security of your account, we recommend that you exit from your account at the end of each session, in particular when using a public or shared computer. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.

Client Documents; Your Proprietary Rights and Obligations

As between you and us, all document(s), clippings, notes and other content that you upload as part of your account to the Eduify Site or services (collectively, “Client Documents”) will remain your intellectual property. We will never claim ownership of Client Documents nor share them with anyone outside of eBricks, or its contractors or other agents or the Service Providers (as defined below), except with your permission or as provided in these Terms of Use (or any applicable Additional Terms). You may designate the sharing of Client Documents with other clients or users of the Eduify Site or services at your discretion by changing the share status via the Paper Box, Research Box and/ or Account Settings. You agree that by submitting Client Documents to the Eduify Site and its services, you grant to eBricks and its providers, suppliers, licensors and agents a royalty-free, worldwide, full paid-up, irrevocable, non-exclusive right and license to store, use, reproduce, modify and distribute, in accordance with these Terms of Use, your Client Documents as part of the operation of the Eduify Site and its services, including for technical maintenance, software development, debugging, and backup purposes. You acknowledge and agree that we may use third party technical service providers, such as hosting providers and storage or server operators, who may have access to your Client Documents solely for purposes of providing services to eBricks and who will not be permitted to otherwise use your Client Documents without your prior consent.

If you submit any Client Document to a Writing Project, you further grant to eBricks and Service Providers a royalty-free, worldwide, full paid-up, irrevocable, non-exclusive right and license to use, reproduce, modify and create derivative works of such Client Document in performing services for the Writing Project.

You represent that you have the right to provide, and allow use pursuant to these Terms of Use, all Client Documents to the Eduify Site and its services without violation of any third party rights, these Terms of Use or any laws or regulations. You acknowledge that eBricks does not pre-screen Client Documents, but that eBricks and its designees have the right (but not the obligation) to refuse or remove any Client Documents from the Eduify Site and its services that violates these Terms of Use, as determined by eBricks in its discretion. eBricks is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Client Documents.

You acknowledge and agree that eBricks may preserve or disclose Client Documents if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Eduify Site and its Terms of Use; (c) respond to claims that any Client Documents violates the rights of third parties; or (d) protect the rights, property, or personal safety of eBricks, its agents, contractors, Service Providers, clients, or others.

You understand that the technical processing and transmission of the Eduify Site and its services, including your Client Documents, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Services You Provide to Other Clients

If you agree to perform any proofreading, review or editing services in a Writing Project for another client with respect to such other client’s documents (“Other Client Documents”), then you agree to assign, and you hereby do irrevocably assign, all rights you may have in and to such Other Client Documents, including all copyrights and other intellectual property and proprietary rights, and to the extent you cannot assign any such rights under applicable law, you irrevocably waive any and all such rights. In addition, you agree not to disclose, transmit, distribute, reproduce or use any of such Other Client Documents other than solely for purposes of performing your obligations under the Writing Project pursuant to these Terms of Use or applicable Additional Terms.

Prohibited Activities and Content

If you agree to perform any proofreading, review or editing services in a Writing Project for another client with respect to such other client’s documents (“Other Client Documents”), then you agree to assign, and you hereby do irrevocably assign, all rights you may have in and to such Other Client Documents, including all copyrights and other intellectual property and proprietary rights, and to the extent you cannot assign any such rights under applicable law, you irrevocably waive any and all such rights. In addition, you agree not to disclose, transmit, distribute, reproduce or use any of such Other Client Documents other than solely for purposes of performing your obligations under the Writing Project pursuant to these Terms of Use or applicable Additional Terms.

Plagiarism

We will not tolerate any use of the Eduify Site or services for plagiarism. Service Providers are not permitted, and you agree you will not request them, to conduct research or writing, beyond constructive feedback, for Clients to submit as their own work. Whether or not the Client has contracted for plagiarism detection services, eBricks reserves the right to conduct a plagiarism detection review of any material sent or shared as part of Eduify Site. If eBricks or any agent or Service Provider become aware of plagiarism, or suspected plagiarism, in Client Documents, we will make you aware of this, and our (and Service Provider’s) work on the project will be suspended while you address the problem. Once the plagiarism has been removed or the content properly cited, work on the Writing Project will resume. Please also see our Anti-Cheating Policy

Other Restrictions

You agree that you will not, nor will you permit any third party to: (a) license, sublicense, resell, transfer, or assign to a third party your right to use the Eduify Site and its services, nor operate as a service bureau or otherwise use the Eduify Site and its services on behalf of or for the benefit of a third party; (b) modify, copy or create derivative works from the Eduify Site and its services or any of its Material other then Client Documents (each as defined below); (c) attempt to access, decompile or reverse engineer the software and technology through which eBricks provides the Eduify Site and its services, or use the Eduify Site and its services to create or modify a competitive product or service; (d) except with eBricks’s prior express permission, create Internet “links” to the Eduify Site and its services or “frame” or “mirror” the Eduify Site and its services on any other server or wireless or Internet-based device; (e) attempt to gain unauthorized access to the Eduify Site and its services or any content or the networks or systems through which eBricks provides the Eduify Site and its services, including access to the Eduify Site and its services by any means other than the interface provided by eBricks for use in accessing the Eduify Site and its services, or use any unauthorized means to modify or reroute the Eduify Site or services (or attempt to do so); (f) use the Eduify Site and its services in any manner which could damage, disable, overburden, or impair the Eduify Site and its services or interfere with any other party's use and enjoyment of the Eduify Site and its services, or send or store material containing software viruses, worms, Trojan horses or other harmful code; (g) use the Eduify Site and its services for an illegal purpose or in furtherance or encouragement of illegal activities, or (h) to post, upload, transmit, submit or store Client Documents (or to engage in behavior or otherwise use the Eduify Site or services in a manner) that is harassing, infringing, libelous, invasive of another's privacy, harmful, threatening, fraudulent, deceptive, obscene, or otherwise unlawful or tortious, or that would give rise to civil liability, including without limitation to sending, transmitting or using the Eduify Site or services in any manner associated with any unsolicited bulk messages or unsolicited commercial messages (“spam”).

You may not remove, deface or obscure any of our or our providers’, suppliers’ or licensors’ copyright, trademark and other proprietary notices on, in or associated with the Eduify Site and its services.

Third Parties

You are under no obligation to reference us or our editors, proofreaders, coaches, teachers (collectively, “Service Providers”) when you make use of the documents that have been benefited from their work. We require every Service Provider to be bound by an agreement in which the Service Provider agrees to maintain the confidentiality of your personal information (as included in shared work) and to respect your intellectual property rights, in accordance with these Terms of Use and our Privacy Policy.

In addition, the Eduify Site also may link to third party sites not owned or controlled by eBricks. You also acknowledge and agree that the Eduify Site and services will be used by other clients and users. eBricks is in no way liable for the actions of any Service Providers, any other clients or users of the Eduify Site or services, or for the contents of any third party web sites. The opinions expressed by Service Providers or other clients or users do not necessarily represent those of eBricks, nor is eBricks responsible in any way for the words or actions of such persons or entities.

In carrying out its services, eBricks involves third-party contractors for the processing of payments, for Web hosting, for analyzing Web activity, for carrying out anti-plagiarism checks, and for other purposes. The manner in which we may disclose information about you to third-party contractors involved in the work of eBricks is provided in the Privacy Policy

Payment

You agree to pay all applicable fees, if any, for your access to and use of the Eduify Site and services, as specified in eBricks’s then-current Fees and Payment Policy. Unless otherwise provided in the Fees and Payment Policy, payment for all services is due at the time the service is requested. In the case of a Writing Project, editors and proofreaders work in phases, usually passing through the document multiple times with different objectives for each pass. As a result, it is not possible to return partially edited documents to the client, as no part of the edit is completed until the final pass. eBricks works to return papers to the client as quickly as reasonably possible. The expected return time is an estimate and may fluctuate on aspects outside the control of eBricks. Upon request, however, we would be happy to provide update reports on projects in progress.

eBricks may change the fees and other aspects of the Fees and Payment Policy at any time by providing 30 days prior notice, effective upon posting. All fees are exclusive of sales, use, excise or any other taxes, and you are responsible for all such taxes except those based on eBricks’s net income or assets. Payment obligations cannot be cancelled, and no payments are refundable. You must provide eBricks with valid credit card information when registering for the Eduify Website and its services, and you must notify eBricks in advance of any change in that information. Where applicable, eBricks charges and collects in advance for use of the Eduify Website and its services. eBricks will automatically renew and bill your credit card or issue an invoice to you each year on the subsequent anniversary or as otherwise mutually agreed upon. Failure by eBricks to receive payment in full when due will entitle us to suspend or terminate your account.

Refusal and Termination of Services

eBricks reserves the right to refuse service to any client at any time and for any reason. Such refusal may include, but is not limited to, Writing Projects involving materials that eBricks determines to be violent, obscene, or offensive; to advocate violent or illegal activity; to contain (or have the potential to contain) any computer viruses; or to contravene any law, statute, or ordinance; or that otherwise violates these Terms of Use.

Should any client act in a manner that we determine to be threatening, violent, disruptive, or offensive toward us, a Service Provider, any contractor, administrator, another client, or any third party, eBricks reserves the right to terminate any and all services then in progress prior to its completion, and the client’s account.

[OK?]You further acknowledge and agree that eBricks may terminate your account and delete Client Documents if you have not used the Eduify Site or its services for a period of 12 months, or otherwise pursuant to the Fees and Payment Policy.

You may terminate your use of the Eduify Site and its services at any time. If you are paying for a subscription service, any such termination is effective only upon written notice to eBricks in accordance with these Terms of Use. Otherwise, you will be billed, and you will be liable for payment, for such subscription services in accordance with the Fees and Payment Policy, even if you actually stop using the Eduify Site and services.

Upon any termination, we will be under no obligation to provide a monetary refund to the client. If we determine in our sole discretion that a refund is warranted, in the case of a Writing Project only, we will prorate the refund in light of the services already performed and will deduct from it any costs that have been incurred in processing the Writing Project to the point of termination.

In addition, upon termination, except where we terminate your account for your breach, non-use or otherwise for cause, we will provide you with seven (7) days to retrieve Client Documents from the Eduify Site. After such 7-day period, and in all other cases, we reserve the right to permanently delete all such Client Documents and to terminate your access to and use of the services.

Quality of Service; Limitation of Liability

eBricks will use commercially reasonable efforts to enlist the work of highly qualified Service Providers to render professional services. Nonetheless, we cannot guarantee that documents and services will meet all of your expectations, or that document and services will be entirely error free. While reasonable efforts are made to keep the Eduify Site accurate and current, eBricks assumes no liability for any inaccuracies in the Eduify Site or any of its services or for any damages that may result from the use of information posted on the Eduify Site or any of its services. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE EDUIFY SITE AND ALL OF ITS SERVICES IS AT YOUR OWN RISK. As part of this assumption of risk, you acknowledge and agree that you are responsible for providing accurate and complete information when submitting your Writing Project to us and for reviewing all materials returned to you as part of that project.

Specifically with regard to coaching services and online classes, you agree that you use these services at your own risk and that eBricks is not responsible for any problems or legal issues that may arise associated with participation in these services, the contacts made through these services, or the use of information disseminated therein.

If you are not satisfied with the services, you are encouraged to immediately inform eBricks by email at support(at)eduify.com. At no time, however, are we obligated to issue a monetary refund, nor are we liable for damages in connection with any defect, perceived or real, in the services rendered.

You understand that the words and opinions of the Service Providers and other clients and users of the Eduify Site and services are not necessarily those of eBricks, and eBricks does not and cannot accept responsibility for such words or opinions.

You further agree that neither eBricks nor any Service Provider in any way guarantees a particular outcome (e.g., grade on a paper, securing admission to an institution, securing of a job, etc.) as a result of the use of its services.

In accepting these Terms of Use, you expressly agree that you understand the limitations of liability set forth in these Terms of Use and, further, agrees that you will not seek damages against eBricks or its agents, suppliers, licensors or Service Providers for any perceived or real defect in the documents provided or services rendered, or for any consequences of such a defect.

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL eBricks OR ANY OF ITS LICENSORS, SUPPLIERS, AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE EDUIFY SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In any event, if the above limitations and exclusions are not enforceable or do not apply, eBricks’s aggregate liability otherwise in connection with the Eduify Site and its services shall not exceed the amounts, if any, actually paid by you to eBricks for the Eduify Site and its services in the 12-month period prior to the event giving rise to such liability.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY IN THESE TERMS OF USE WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Disclaimer of Warranties

THE EDUIFY SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, eBricks DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE EDUIFY SITE OR SERVICES, OR ANY PORTION OF EITHER, WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE, THE SERVICES OR THE SERVER, NETWORK OR OTHER SOFTWARE AND EQUIPMENT THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE EDUIFY SITE OR SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM eBricks, ANY AGENT OR ANY SERVICE PROVIDER OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

Indemnification

You agree to indemnify and hold eBricks, its employees, suppliers, licensors, agents and its Service Providers (and its and their successors, officers, directors and employees) harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys’ fees) arising out of, in connection with, or related to (a) your use of the Eduify Site or any of its services, including without limitation any problems arising from technical difficulties (including, but not limited to, the transmission of computer viruses and the interruption of services), any fraudulent use of a credit card or other payment method used to purchase services, or any violation of these Terms of Use; or (b) any Client Documents or any other data, software, services or other materials that you use in connection with your access or use of the Eduify Site or services, including without limitation any claim that such data, software, services or other materials, or any part thereof, infringes, misappropriates, or otherwise violates any copyright, patent, trade secret, trademark or other legal right of any third party.

Governing Law; Dispute Resolution

These Terms of Use shall be governed in accordance with the laws of the state of California, without regard to its principles of conflict of laws. Any dispute, controversy or claim arising out of or relating to the use of the Eduify Site, any of its services or these Terms of Use, including any breach thereof, shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Any arbitration shall be conducted in Palo Alto, California. Judgment on the award rendered may be entered in any court having jurisdiction thereof. Without limiting the foregoing, where eBricks or you makes a good faith determination that a breach of these Terms of Use by the other (including infringement of intellectual or proprietary rights) is such that a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy, such action may proceed without first resorting to arbitration as described herein.

Electronic Communications

The information communicated through the Eduify Site and its services constitutes an electronic communication. When you communicate with us through the Eduify Site and its services or the Site or other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.

Notices and communications to eBricks must be sent to the applicable address given in this agreement or to: 7195 Hickorywood Ln. Pleasanton, CA 94566.

Jurisdictional Issues

This Eduify Site and its services is controlled and operated by eBricks by its and its suppliers and licensors offices in the United States. eBricks makes no representation that materials in the Eduify Site and its services are appropriate or available for use in all locations worldwide. You are solely responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Eduify Site and its services from jurisdictions where the contents of the Eduify Site and its services are illegal or penalized is prohibited.

Feedback

If you provide to us in any way any suggestions or comments regarding the Eduify Site or any of its services, features or aspects, you agree that we (and our providers, suppliers and licensors) may use, share, commercialize and exploit any and all such feedback without obligation or liability to you or any third party, in perpetuity. You agree not to submit any feedback that is subject to any third party rights.

Miscellaneous

These Terms of Use, and documents referenced and incorporated in and made a part of these Terms of Use, constitute the entire agreement between you and eBricks with respect to the subject matter hereof, and supersedes any and all prior agreements and understandings, whether written or oral, between eBricks and you with respect thereto.

The section and paragraph headings appearing in these Terms of Use are inserted only as a matter of convenience and in no way define, govern, limit, modify or construe the scope or extent of the provisions of these Terms of Use. As used in these Terms of Use, the words "including", "for example" and derivatives such as "e.g.," shall mean "including without limitation".

eBricks Inc reserve the right to make the final decision on whether a specific use of the system is appropriate and in the spirit of the intended use of the product. If it is determined that the system was used in an unacceptable manner, then eBricks Inc reserve the right to cancel the offending account and the owner of the offending account may be responsible for any damages their action may cause.

You agree that the terms of the Uniform Computer Information Transactions Act, to the extent applicable to the Website and your access and use thereof, if at all, shall not apply to these Terms of Use. If any term(s) of these Terms of Use are deemed invalid, void or for any reason unenforceable, such term(s) shall be deemed severable and shall not affect the validity and enforceability of the remaining terms of these Terms of Use. No waiver of any of any right under these Terms of Use shall be deemed to be a waiver of any preceding or subsequent right or other provision and no delay or omission in exercising any such right shall be deemed a waiver of such right.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms of Use or your access to and use of the Eduify Site and its services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms of Use are personal to you and you may not assign these Terms of Use, or your rights or obligations hereunder, to any third party, without eBricks’s consent. Any attempted assignment in contravention of these Terms of Use will be null and void. Any provision of these Terms of Use (including all other incorporated terms, conditions, rules, guidelines and requirements) intended by its terms to survive the expiration, termination or cancellation of your relationship with eBricks and the Eduify Site and its services, or of the expiration, termination or cancellation the Eduify Site operations, including its product, services and activities, shall survive any such expiration, termination or cancellation.

Last updated: 3/17/09

At eBricks, Inc. (“eBricks”, or “we,” “us,” or “our”), provider of the Eduify website (the “Eduify Site”), we respect the importance of your privacy, and we are committed to taking steps to ensure that your documents and data are kept strictly confidential.  We believe that you should know what information about you is collected when you use the Eduify Site, including our services through the Eduify Site, as well as how that information is used, maintained and, in some cases, shared.  Therefore, we have created this Privacy Policy to set forth our privacy practices and policies. BY USING OR ACCESSING IN ANY WAY THE EDUIFY SITE AND/OR OUR SERVICES AVAILABLE THROUGH THE EDUIFY SITE, SUCH AS PAPER BOX, STATUS BOX, RESEARCH BOX, EDITOR AND PROOFREADING AND EDITING SERVICES, OR BY TRANSMITTING INFORMATION TO US BY EMAIL OR OTHER ELECTRONIC MEANS, YOU ASSENT TO THIS PRIVACY POLICY.  IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE EDUIFY SITE OR SERVICES, OR OTHERWISE ENGAGE IN THESE ACTIVITIES.

YOUR DOCUMENTS

The document(s), research clip(s) or note(s) and other content that you upload as part of your account to the Eduify Site or services (collectively, “Client Documents”) will remain your intellectual property. We will never claim ownership of Client Documents nor share them with anyone outside of eBricks or its Contractors (as defined below) or the Service Providers (as defined below), except with your permission or as provided in the then-current Terms of Use (or any applicable Additional Terms, as defined in the Terms of Use) for the Eduify Site or applicable services. We require our editors, proofreaders, coaches, teachers (collectively, “Service Providers”) to be bound by an agreement in which the Service Provider agrees to maintain the confidentiality of your personal information (as included in shared work) in accordance with the terms of our Privacy Policy and to respect your intellectual property rights in the Client Documents. You may designate the sharing of Client Documents with other clients or users of the Eduify Site or services at your discretion via the paper box, research box and / or in account settings.

INFORMATION COLLECTION AND USE

When you register with the Eduify Site or you wish to use certain services available through the Eduify Site (such as proofreading and editing services), it is necessary for Eduify to collect certain personally-identifiable information from you:

Personal Contact Information

We collect basic information about you (including your name, telephone number, time zone, and e-mail address) in order to be able to notify you when the paid-for service is complete. We will not sell this information to a third party and will share it with our Contractors who are under contract with us and who need it to provide the service(s) you request.

Financial Information

Your financial information will not be disclosed to a third party except only as needed to process the transaction (for example, to a third party payment processor who is our Contractor). We do not retain your financial information once the transaction is completed. As a client or user of the Eduify Site, we will not ask for your Social Security Number.

Evaluation and Feedback

After requested service has been completed or during normal site use we may ask you to evaluate our services. The completion of this evaluation is at your discretion; if you choose to complete it, your evaluation will be shared with relevant members of our team (including Service Providers), and with our Contractor(s) who process statistical information, but not with any other third party. If you provide us with your own comments about our services, we may use your comments in our marketing and promotional materials and/or on our Website only if you give us permission to do so.

Referrals

If you invite or refer a friend or colleague to the Eduify Site we will then generate an e-mail, SMS, IM or other requested notification for you to send to your friend as a one-time invitation to visit the Eduify Site. We only retain your friend’s or colleague’s contact details if you have configured this in your profile settings.

Special Offers, Promotions, Newsletters and Updates

If you authorize us to do so in your profile, we will contact you, according to your privacy preferences to inform you of special offers, promotional deals, newsletters, and updates to our service offerings. Out of respect for your privacy, we allow you to choose the path and type of communication you receive. If you wish to update your settings, simply login to the Eduify Site and change your notification settings accordingly.

INFORMATION SHARING AND DISCLOSURE

Service Providers.

eBricks employs Service Providers as independent contractors in order to provide some of the services available through the Eduify Site. Service Providers do not receive personally identifiable information about you, unless embedded in the Client Documents you provide for the requested service. Service Providers are contractually obligated to delete your Client Documents and other information we provide to them about you, including any personally identifiable information, in 5 days after the completion of work for which the information was provided or upon the termination of their association with eBricks, whichever comes first. They are also contractually obligated to refrain from sharing your Client Documents or personally identifiable information about you with any other person, business, or entity.

Contractors

eBricks uses third party providers, suppliers, licensors or other contractors (collectively, “Contractors”) to perform certain of the technical processing, administration and support of the Eduify Site and services, including third party payment processors, web hosting services providers, web analytics, and anti-plagiarism services. Such Contractors generally are permitted to use and disclose your personally identifiable information only as provided in this Privacy Policy. However, with respect to certain services, some Contractors may have their own privacy policies that will apply to their use or disclosure of your information obtained through those services. You will be notified of any other privacy policies or terms when you sign up for these services, and you may decline to receive any such service if you do not agree with those other terms.

Others

eBricks and its Contractors reserve the right to disclose information about you, including the content of Client Documents or your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of eBricks, its providers, suppliers and licensors or other clients or third parties; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of eBricks, its providers, suppliers and licensors or other clients or third parties.

Log Files

As is true of most websites, eBricks gather certain information automatically and stores it in log files. This information includes internet protocol (IP) addresses, browser type, Internet service provider (ISP) information, referring/exit pages, operating system information, date/time stamps, and clickstream data. We use this information, which does not identify individual users, to analyze trends, to administer the site and services, to track users’ movements around the site and services, and to gather demographic information about our user base in aggregate. We do not link this automatically-collected data to personally identifiable information. We use a third-party tracking service called Google Analytics that may use cookies to track non-personally identifiable information about visitors to our site in the aggregate for marketing research purposes.

LINKS TO OTHER SITES

The Eduify Site contains links to third party sites that are not owned or controlled by us. We are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies only to information collected, retained and accessed by the Eduify Site, including services available through the Eduify Site. In addition, certain Contractors may have their own privacy policies that will apply to certain services, as described above.

SECURITY

The security of your personal information is important to us. When you enter your personal information onto our query form and upload your document(s), we encrypt that information using secure socket layer technology (SSL) with 128-bit (or better) encryption, which is the industry standard for safely delivering your details. eBricks follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we cannot, therefore, guarantee the absolute security of anything transmitted via the Internet, you may take comfort in knowing that eBricks uses commercially acceptable means to protect your personal information. If you have any questions about security on our Website, you are always welcome to contact us at security(at)eduify.com.

BUSINESS TRANSITION

In the event that eBricks goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred. You will be notified of any such change in ownership or control of your personal information. This Privacy Policy will become binding upon the new owner of the information until amended.

CONSENT TO TRANSFER AND PROCESSING

Personal information collected through the Eduify Site and/or its services may be stored and processed in the United States or in any other country in which eBricks or its providers (or its or their affiliates or providers) maintain facilities. By using the Eduify Site and/or its services, you consent to any such transfer and processing of information outside of your country.

CHILDREN’S PRIVACY

If you are under the age of 13, please do not use or access the Eduify Site or services in any way. We will not knowingly collect or use any personal information from any children under the age of 13. If we become aware that we have collected any personal information from children under 13, we will promptly delete such information from our databases.

TERMS OF USE

Your use of the Eduify Site and its services is governed by our then-current Terms of Use

CHANGES TO THIS POLICY

eBricks may update this Privacy Policy from time to time, and when we do, we will also revise the “last updated” date at the top of this Privacy Policy. If we consider any change to this Privacy Policy to be material, we will place a prominent notice on the Eduify Site or we may notify you directly by e-mail, at our discretion. Changes are effective upon posting to the Eduify Site, unless we say otherwise in our notice, so please check this site often for changes.

UPDATING YOUR INFORMATION; QUESTIONS

You may view or edit your personal information online by accessing your account from the Eduify Site at http://www.eduify.com, using your username and password for the Eduify Site. Please feel free to contact us at support(at)eduify.com to assist in updating your personal information or if you have any questions regarding this Privacy Policy.

At eBricks, Inc. (“eBricks,” “we,” “us,” or “our”), the provider of the Eduify website (“Eduify Site”), we want you to enhance your writing abilities while maintaining the highest ethical and academic standards. We want to see that our users adhere to our level of commitment and standards and prevent misuse of our services, and we work diligently to prevent misuse. Ultimately, however, the choice of academic integrity lies with you, our clients and users.

We know that most of you will never and have never abused the Eduify Site or services. We share your commitment to growing what is surely an exciting writing help community online. We take this opportunity, then, to highlight our commitment and your own.

We require every member to abide by eBricks’s Anti-cheating Policy detailed below. This Anti-Cheating Policy is part of the Terms of Use for the Eduify Site and services

Eduify will take swift action against anyone found misusing the Eduify Site or its services. We will ban from the Eduify Site and its services permanently any and all users who we determine or reasonably believe have cheated through use of the Eduify Site or any of its services.

A Message to Students:

The Eduify team understands the pressures and time constraints you are under as a student. However, we believe that you must uphold the standards of academic integrity set forth by your school, peers, teachers and professors. Violating these standards only results in you not learning and likely facing punitive action from your academic institution. The Eduify Site can help you succeed in not plagiarizing by providing you tools to properly cite all work.

A Message to Parents:

We ask you to work with your son or daughter to understand and set high standards of academic integrity. Instilling these values is important to their future success. We encourage you to seek additional help for your student if they are struggling to achieve in a subject area. Lack of help often leads to students getting desperate and violating academic integrity policies.

A Message to Teachers:

We believe we’re partners in helping your students improve their writing skills. We believe strongly in an instructive writing process. We believe you are a valuable resource in initiating, facilitating and evaluating the writing process. If you have any concerns of academic integrity, please contact us here: integrity@eduify.com

Modifications:

We may refine and update this Anti-Cheating Policy from time to time, and when we do we will also review the “last updated” date at the bottom of this Policy. If we consider any change to this Policy to be material, we will place a prominent notice on the Eduify Site or we may notify you directly by e-mail, at our discretion. Changes are effective upon posting to the Eduify Site, unless we say otherwise in our notice, so please check this site often for changes.

We like to work with parents, teachers and students to responsibly improve learning. If you have any suggestions for improvement, give feedback anytime or email us at feedback@eduify.com.

Last Updated: 03/17/2009