This Agreement contains all of the terms and conditions ("Terms of Use") between WriterAccess.com, Inc. ("WriterAccess") and buyers of content services including Businesses, Individuals, Agencies, SEO Firms or Others ("Customers") and individual sellers of content services including Writers, Editors, Translators, Strategists, Designers, or Others ("Writers"). For the purposes of this Agreement, the "Site" shall mean www.writeraccess.com and any other websites, web pages, mobile applications and mobile websites operated by WriterAccess.com, and the "Services" shall mean any of the various services that WriterAccess.com provides through the Site or any other channels, including without limitation, over the telephone. Please read this Agreement before using the Site. Use of the Site constitutes an agreement with the Terms of Use (this "Agreement"), whether or not you register as a user of WriterAccess ("Registered Users"). By using this Site, Registered Users do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. If you object to anything in this Agreement or the WriterAccess Privacy Policy, do not use the Site.
1. ACCEPTANCE OF TERMS OF USE AGREEMENT. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. This Agreement may be modified by WriterAccess from time to time, such modifications to be effective upon posting by WriterAccess on the Site. Your use of the Site or the Service after such posting will constitute acceptance by you of such changes. This Agreement includes the WriterAccess Privacy Policy. By accessing the Site or becoming a Registered User, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. In addition, by accessing the Site or becoming a Registered User, you consent to have this Agreement provided to you in electronic form.
2. WRITERACCESS IS A VENUE. The Site is a platform for enabling the connection between Customers and Writers. WriterAccess does not take part in the interaction between Customers and Writers except to collect payments on the behalf of Customers and pay Writers for their services provided through the Site. Customers do hereby represent, understand and expressly agree that WriterAccess does not have control over the quality, timing, legality or any other aspect whatsoever of the services delivered by Writers, nor of the integrity, responsibility or any of the actions whatsoever of the Customers. WriterAccess makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Writers or Customers through the Site whether in public, private or offline interactions. WriterAccess liability on fraudulent orders completed by Writers and approved by Customers is limited to the base level of pay for the word count at the level of job released, removing all complexity and other price modifiers. WriterAccess does not assume any responsibility for the accuracy or reliability of any information provided by Writers or Customers on this Site. WriterAccess does not assume and expressly disclaims any liability that may result from the use of this information. WriterAccess is not responsible for the conduct, whether online or offline, of any Registered User. All Registered Users do hereby expressly agree not to hold WriterAccess (or WriterAccess' officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the Site, and WriterAccess expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
3. ELIGIBILITY. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18). Any misstatements and/or misrepresentations regarding the age and/or experience of any Writer or any other users of this Site are not the responsibility of WriterAccess. WriterAccess does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any Writers and/or other users of this Site. Users do hereby represent, understand and agree to hold WriterAccess harmless for any misstatements and/or misrepresentations made by any users of this Site. Misstatements and/or misrepresentations are grounds for immediate termination of your use of the Site.
4. THIRD-PARTY FEES. You are responsible for any fees or charges incurred to access the Site through an Internet access provider or other third-party service.
5. SUBSCRIPTION FEES. Customers are required to pay a subscription fee ("Subscription") to access the platform, talent pool, and workflow software. Customers may also elect to pay a managed service fee (“Managed Service”). Fees will be charged to credit cards at the beginning of a subscription period and on the same day of each subsequent month or year from sign up date or renewal period based on Customer’s chosen subscription interval. If Customer is offered a free introductory period (“Trial Period”) at the time of signup, Customer’s credit card will be charged for the first Subscription period upon the completion of the Trial Period. Subscription and Managed Service fees may vary from time to time, subject to additional rates, terms, and conditions disclosed on the WriterAccess website terms-of-use page.
If a Customer subscribed to a Subscription tier chooses to switch to a different tier, after any Trial Period, the Customer will be charged for the new tier upon switching and the Subscription renewal date will reset. The customer will receive a prorated credit into their Account Deposit balance for the unused portion of the previous Subscription.
Subscription and Managed Service fees are non-refundable. Customers may cancel recurring Subscription and/or Managed Service charges at any time by contacting support via telephone, Live Chat, Help Desk, or email.
Customers with an expired Subscription, or an otherwise inactive account, may reactivate their Subscription at any time at the currently posted subscription tier rates.
6. ACCOUNT DEPOSITS An active Subscription is required to spend Account Deposits. Customers are required to make account deposits (“Account Deposits”), separate from any subscription fees, for content, design, and other services.
Unspent Account Deposits are individually refundable for 30 days from date of the deposit, subject to a 10% processing fee. Customers may request refunds of unspent Account Deposits within 30 days of a deposit by contacting support via telephone, Live Chat, Help Desk, or email. After 30 days, Account Deposits are non-refundable and must be spent within 365 days of the date of deposit.
7. EXCLUSIVE USE. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
If a Customer’s Subscription allows, Customer can create additional users of their account. Customers’ access privileges for any and all users are the sole responsibility of the Customer. Customers may report any unauthorized users to customer support via telephone, Live Chat, Help Desk, or email to cancel an account, however, no refunds shall be issued for misuse of deposits by unauthorized users.
8. RELEASE. WriterAccess will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. By using this Site, you do hereby represent, understand, and expressly agree to hold WriterAccess harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. WriterAccess will use its reasonable efforts to monitor Writer and Customer profiles, actions, comments, and general usage of the Site and suspend privileges to any Customer or Writer not adhering to the policies of the Site. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to WriterAccess immediately by notifying WriterAccess of the same via telephone, Live Chat, Help Desk, or email.
9. INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. WriterAccess is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, "Content") that you publish or display (hereinafter, "post") on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to WriterAccess or to any other user of the Site. You will not solicit Writers to produce content for academic purposes or for credit in an academic institution.
You understand and agree that WriterAccess may review and delete any Content, in each case in whole or in part, that in the sole judgment of WriterAccess violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site.
By posting Content to any public or private area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to WriterAccess, its affiliates, partners, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
By placing Orders, Customer grants to WriterAccess, its affiliates, partners, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to store, use, copy, scan, and analyze purchased content, and distribute and publish for public display anonymized results of such analysis, including but not limited to performance ranking, star rating, originality verification, reading level, and language analysis.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by WriterAccess, are those of their respective authors. Such authors are solely responsible for such content. WriterAccess does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will WriterAccess or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service.
10. CONFIDENTIAL INFORMATION. Writers agree that, except as expressly authorized in writing by Customer, Writer (a) will not use or permit the use of Confidential Information (as defined below) in any manner or for any purpose not expressly set forth in these Terms; (b) will not disclose or publish any Confidential Information to any third party without first obtaining Customer's express written consent on a case-by-case basis; and (c) will limit access to Confidential Information to personnel who need to know such information in connection with their work for Customer.
"Confidential Information" means all information related to Customer's business and its actual or anticipated research and development or related to an Order delivered or agreed to be delivered from Writer to Customer, including without limitation (i) trade secrets, inventions, ideas, processes, computer source and object code, formulae, data, programs, other works of authorship, know-how, improvements, discoveries, developments, designs, and techniques; (ii) information regarding products or plans for research and development, marketing and business plans, budgets, financial statements, contracts, prices, suppliers, and customers; and (iii) information designated by Customer, in writing, as Confidential Information. Notwithstanding the foregoing, it is understood that Writer is free to use information that is generally known in the trade or industry, information that is not gained as a result of a breach of these Terms, and Writer's own skill, knowledge, know-how, and experience. Confidential Information shall not include information that was known to Writer prior to Customer's disclosure hereunder or that becomes publicly available through no fault of Writer.
11. CONTACT RESTRICTIONS. Registered Users agree not to share contact information or communicate outside of the WriterAccess platform. Registered Users agree that no correspondence, message, order descriptions or communication will offer personal or professional email addresses, phone numbers, first name and last name, links or references to websites or any such information that would facilitate direct communication of Writers and Customers outside of the WriterAccess platform. You agree that all communication regarding orders, questions, correspondence and any such communication shall solely use the WriterAccess platform for such communication. Any violation of these restrictions and terms may result in immediate termination of membership and may be subject to damage claims for services performed outside of the WriterAccess platform. You agree to notify WriterAccess with any alleged improprieties from any Registered User.
12. ORDERS. Customers may seek the services of Writers through the use of the Site and Writers may submit proposals to Customers regarding their services. Once a Customer has accepted the terms of the service and payment from the Writer and the Writer has accepted the terms of the payment from the Customer, a binding contract is formed between the Customer and the Writer (collectively, "Orders").
Customers agree to place Orders using the navigational features and instructions available on the site, including submission of specific requirements, restrictions, terms, specification, topic selection and any additional requirements. Customers have no right or claim for incomplete Orders or Orders not picked up or not completed by a Writer. Customers may place direct Orders to a Writer or group of Writers. An Order sent to a group of Writers is first-come, first-serve, and may only be completed by a single Writer. Orders may not infringe on the rights of any third party, in particular copyrights, moral rights, trademarks or service marks. Customers may not submit orders that are pornographic, obscene, slanderous, libelous or in any way degrading to human nature.
13. CONTENT OWNERSHIP. Any works created by Writer specifically for a Customer through this Agreement are works created for hire. As such the copyright of said works transfer to Customer upon the Customer’s acceptance of and payment for the work. The Customer will have the sole right to publish, perform, display, reproduce, distribute, create derivative works and sell the delivered and approved content in any type of media, including, but not limited to, print and/or online media and all electronic, online, or any other media throughout the world. The Writer may or may not be publicly credited for the work.
If for any reason the works created by Writer would not be considered a work made for hire under applicable law, Writer does hereby sell, assign, and transfer to Customer, its successors and assigns, the entire right, title and interest in and to the copyright and patent in the created works and any registrations and applications relating thereto and any renewals and extensions thereof, and in and to all works based upon, derived from, or incorporating the works.
14. SATISFACTION GUARANTEE. Customers will be allotted at least 7 calendar days, and up to 14 days, depending on Subscription tier, to review and approve work presented by a Writer.
Customers may request unlimited revisions to meet the specifications and requirements of their original order description. Customers agree to document detailed reasons for any Order submitted for revision. Customer agrees that WriterAccess is authorized to review and determine the validity of revision requests based on the Customer's original order instructions.
If the Customer is still not satisfied with the quality of the work after at least one round of revision requests, the Customer may a.) select another Writer to complete the order or b.) cancel the order and use the Account Deposit for another order. The Customer must contact support via telephone, Live Chat, Help Desk, or email for assistance with canceling an order. Customers agree to not use any content from a canceled Order for any reason.
If an order is manually approved by the Customer, the Account Deposit will be committed to the order and is non-refundable. If the order is not reviewed and approved, nor reviewed and sent back to the Writer for revisions within the allotted review period, the order will be auto-approved and the Account Deposit will be committed to the order, and is non-refundable. Upon approval or auto-approval, revisions may no longer be requested.
15. PRIVACY. WriterAccess will only use the information you provide on the Site in accordance with our Privacy Policy. For more information, see our full Privacy Policy.
16. LINKS TO EXTERNAL SITES. Links from the Site to external sites (including external sites that are framed by WriterAccess) or inclusion of advertisements do not constitute an endorsement by WriterAccess of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. WriterAccess does not control such sites, and is not responsible for their content. Just because WriterAccess has hyperlinks to such sites does not mean that WriterAccess endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by WriterAccess' Terms of Use and Privacy Policy. WriterAccess expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold WriterAccess harmless from any liability that may result from the use of links that may appear on the Site.
17. COPPA COMPLIANCE. WriterAccess is intended for people 18 or over. WriterAccess will not knowingly collect any information from children under 13. WriterAccess takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provided any false information to us when using this Site, your membership will be terminated immediately.
18. PROHIBITED USE. The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form Customers or Writers for employment or contracting for a business not affiliated with WriterAccess without express written permission from WriterAccess. Should WriterAccess find that you violated the terms of this paragraph or any terms stated herein, WriterAccess reserves the right, at its sole discretion, to immediately terminate your use of the Site and/or assess a $10,000 daily penalty fee for scraping, either in a manual or automatic manner, Writer or Customer information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a "mirrored", competitive, or third party site.
Although WriterAccess cannot monitor the conduct of its users off the Site, it is also a violation of these rules to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.
In order to protect the integrity of the Site and the Service, WriterAccess reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
19. NO WARRANTY. The information and materials contained in this website, including text, graphics, information, links or other items are provided "as is", "as available". WRITERACCESS DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
20. LIMITATION OF LIABILITY. In no event will WriterAccess be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site, any information received from the Site, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if WriterAccess, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
WriterAccess is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Customers or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will WriterAccess or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Customers, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and WRITERACCESS EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WriterAccess cannot guarantee and does not promise any specific results from use of the Site and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. WriterAccess makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
21. INDEMNIFICATION. By agreeing to the terms of this Agreement, users of the Site agree to indemnify, defend and hold harmless WriterAccess, its directors, officers, employees, agents, investors, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "WriterAccess and Affiliates") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by WriterAccess and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. WriterAccess and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of WriterAccess. Users further agree to hold harmless WriterAccess and Affiliates from any claim arising from a third party's use of information or materials of any kind that users post to the Site.
22. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT. If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting WriterAccess' copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
Send all of the above to the WriterAccess agent for copyright issues in the Contact Information below.
In an effort to protect the rights of copyright owners, WriterAccess maintains a policy for the termination, in appropriate circumstances, of Customers and other Registered Users of this Site who are repeat infringers.
23. NOTICE OF TRADEMARK RIGHTS. The service marks and trademarks WriterAccess and the WriterAccess logo are service marks owned by WriterAccess. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of WriterAccess and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use.
24. JURISDICTION AND CHOICE OF LAW. This Agreement and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Massachusetts, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Massachusetts. Any action or proceeding by either of the Parties to enforce this Agreement shall be brought only in any state or federal court located in the State of Massachusetts, Suffolk County. The Parties hereby irrevocably submit to the exclusive jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venue.
All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to WriterAccess at the address set forth in the Contact Information section below (or to such other address that may be designated by the receiving party from time to time in accordance with this Section). All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees prepaid), or email (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). Notice is effective only if (a) the receiving party has received the Notice and (b) the party giving the Notice has complied with the requirements of this Section.
Any dispute, controversy, or claim arising out of or related to this Agreement or any breach or termination of this Agreement, including the provision of services by You to WriterAccess, shall be submitted to and decided by binding arbitration according to the laws of the State of Massachusetts. Any arbitral award determination shall be final and binding upon the Parties.
25. SEVERANCE. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
26. MISCELLANEOUS. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
27. CONTACT INFORMATION. If you have any questions or need further information as to the Site or Service provided by WriterAccess, or need to notify WriterAccess as to any matters relating to the Site or Service please contact WriterAccess at:
Legal Department
WriterAccess.com, Inc.
831 Beacon Street, Suite 144
Newton Centre, MA 02459 USA