Description of service
Empirical Editing Services provided by Empirical Ink provides many different services and products offered through our websites including www.empiricalink.com and www.empiricalediting.com. By requesting a service and becoming a customer of Empirical Ink, you understand and agree that the service is provided on an “as is” and “as available” basis. Empirical Ink disclaims all responsibility and liability for the availability, timeliness, or reliability of the service. Empirical Ink also reserves the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you.
Intellectual property rights of the customer
Empirical Ink and its employees make no claims on any work submitted to us for proofreading or editing. Any documents submitted will remain your intellectual property, and we will not be able to claim any credit for their production. Editors have signed a confidentiality agreement to waive their claim to any intellectual property submitted though the service. You represent that you have obtained all necessary third party rights, including, without limitation, copyrights, for any documents or portions thereof that belong to third parties. It is your responsibility to determine if it is necessary for you to obtain, and for obtaining, any licenses required to use third party content which is part of the documents. You agree not to use the services for, and the documents will not contain, any infringing, illegal, sexually explicit, threatening, abusive, harassing, defamatory, or racially, ethnically, or otherwise objectionable material, including, without limitation, any materials that could give rise to any liability to Empirical Ink or which might adversely affect the Empirical Ink public image, reputation or goodwill.
You will be responsible for making back-up and archival copies of your documents. In no event will Empirical Ink be responsible to you or any other person for any loss, corruption or alteration of documents.
Our intellectual property rights
Empirical Ink and its employees make no claims on any work submitted to us for proofreading or editing. Any documents submitted will remain your intellectual property. Editors have signed a confidentiality agreement to waive their claim to any intellectual property submitted though the Service.
You acknowledge that Empirical Ink owns all right, title and interest in and to the service, and such rights are protected by U.S. and international intellectual property laws. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service.
Governing law
This agreement shall be construed and enforced pursuant to the laws of the State of Pennsylvania; Parties agree all actions arising under this Agreement shall be proper and brought in the courts of the State of Pennsylvania.
Disclaimer of warranties
The information contained or accessed, including their services and products, are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or error-free or uninterrupted service.
Empirical Ink makes no warranty of any kind with respect to the subject matter included herein, the products listed herein, or the completeness or accuracy of the information. Empirical Ink specifically disclaims all warranties, express, implied or otherwise, including without limitation, all warranties of merchantability and fitness for a particular purpose.
Without limiting the generality of the foregoing, you acknowledge and agree that Empirical Ink does not: (i) review the substance of documents submitted to it; or (ii) guarantee the quality, accuracy or results of the services. No refunds shall be provided except as set expressly forth above.
Limitation of liability
Empirical Ink will not be liable for any, indirect, special, exemplary, consequential or incidental damages arising out of or in connection with the services (including, without limitation, any damages for lost profits or business interruption). In no event will the liability of AJE to you for all claims in the aggregate arising out of your use of or inability to use the services, whether arising in contract, tort or any other legal theory (including, without limitation, negligence or strict liability), exceed an amount equal to the fees paid by you hereunder in the one year preceding the event giving rise to the claim.
Notification of changes
Empirical Ink reserves the right to modify or amend these Terms of Service at any time by notifying you of such changes. The changes will only affect your use of the services after the effective date of the change unless we clearly express otherwise. Your use of the Services after Empirical Ink provides you with notice of such changes shall be deemed your approval of such changes.