"yaysayers.com" Terms of Use

By checking the box indicating your acceptance of the Terms of Use, you represent that (a) you have read, understood and agree to be bound by the Terms of Use and (b) you are at least 18 years old, either entering into this Agreement for yourself or entering on behalf of your child or a child in your legal care.  If you are a parent or guardian entering this Agreement for the benefit of your child, please be aware that you are fully responsible for his or her use of the Service.  If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box and do not attempt to access the Service.

Terms of Use

1. Services Provided

yaysayers.com is an online editorial site for the everyday writer that provides individual guidance, proofreading and embellishment for a wide range of documents. The services offered by yaysayers.com includes the website (the "Website"), emails and any other features, content, or applications offered from time to time by Yaysayers Editing, LLC in connection with the Website (collectively, the "Services").

2. Terms of Use Agreement

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Services. By using the Services, you agree to be bound by this Agreement whether you are a just visiting the site, or you register to use its services. You are only authorized to use the Services if you agree to abide by all applicable laws and this Agreement. This agreement is by and between yaysayers.com and you, and is made effective as of the date of electronic execution.

Yaysayers Editing, LLC may modify this Agreement from time to time and such modification shall be effective upon posting on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted.  This Agreement shall remain in full force and effect while you use the Services and/or are a Member.

Yaysayers Editing, LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Yaysayers Editing, LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Yaysayers Editing, LLC reserves the right, in its sole discretion, to reject, refuse to post, or to remove any posting (including private messages), or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.

3. Yaysayers Agreement to you

Yaysayers Editing, LLC, yaysayers.com, its editors and its employees abide by the Privacy Policy established below and will not duplicate, copy or frame your work/submissions as their own. The site will not use your information in any way inconsistent with the purposes of our site.

Yaysayers Editing, LLC, will use commercially reasonable efforts to return your submission within the time period requested.

Your work will be kept on file as a reference, a teaching tool, and to better serve you in the future, however, it will not be submitted to any third party without your consent. For more information, see the Yaysayers Privacy Policy.

4. Use of the Services is void where prohibited

By using the Services, you represent and warrant that (a) all registration information you submit about yourself, your project and your proposal, is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Services does not violate any applicable law or regulation. You agree that yaysayers.com may use and rely upon such information.  If you provide information that is inaccurate, not current, false, misleading or incomplete, yaysayers.com is not held responsible and has the absolute right at its sole discretion, to terminate its service to you.

Children under the age of 18 may only participate in the Service if a) they have their parents permission; b) their parents complete the registration process on their behalf; and c) their parents agree to take responsibility for their use of the service. This website is intended for people over the age of 13 years old. Children under that age should not use it.

When you sign up to become a Member, you may be asked to choose a password. You must keep your password confidential. You agree not to disclose your password to any third party.  You are solely responsible for any and all use of your account. You agree that you are entirely responsible for maintaining the confidentiality of your webmail, password and other sensitive content that you would like protected.  You agree to authorize yaysayers.com of any unauthorized use of your name, information and/or email account.

Yaysayers Editing, LLC is not responsible for any results or consequences of how your work is received by a third party. Therefore, if you don't get the job, get a bad grade, or your lover hates your love-letter, (or any other situation where you are not satisfied or pleased with the results of our joint endeavors), Yaysayers Editing, LLC is not held responsible.

  1. The plagiarism, editing or copying rules of any school, university or company will not be used against Yaysayers Editing, LLC and are the client's sole responsibility. It is up to the client to disclose to whomever necessary that he or she has received help, "peer-editing," or writing advice.
  2. Yaysayers Editing, LLC will not be held responsible for any edits that are made that don't seem representative of the client or a third party.
  3. Yaysayers Editing, LLC will not be held responsible for any material that slanders, misrepresents or incriminates our client or a third party.
  4. If any documents are lost in cyberspace transit, if we cannot read our client's attachments or if any other technical difficulties arise, Yaysayers Editing, LLC is not responsible.

You agree that Yaysayers Editing, LLC may, without prior notice, immediately terminate your services. Cause for such termination shall include, but not be limited to (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated subscription deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of absence including your agreement that if you do not reply to your first edit within 30 days, you have relinquished your right to a free second edit., (g) engagement by you in fraudulent or illegal activities, (h) any conduct or action which violates the rights of any other person or entity including any right of publicity, privacy, copyright, trademark, patent, trade secret, and/or confidentiality, and/or (i) nonpayment of any fees owed by you in connection with the Services. You agree that all terminations shall be made in Yaysayers Editing, LLC's sole discretion and that Yaysayers Editing, LLC shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.

5. Fees

You agree to pay your fees in full to Yaysayers Editing, LLC.  In the event that you terminate or change your projects after purchasing an edit, Yaysayers Editing, LLC will not guarantee a refund. You agree to pay yaysayers.com through PayPal at the time of your order. All fees are due immediately and are non-refundable unless otherwise noted.  If you signed up for monthly billing, your billing date will be determined by PayPal's monthly billing policy. Monthly subscriptions run for a minimum of 3 months and should you choose to terminate your service before those three months have expired, you will still be accountable for full payment. After the required 3 months of payment, you can request to terminate your service any time but will continue to be charged unless you do so.

If for any reason Yaysayers Editing, LLC is unable to confirm your PayPal payment, they may withhold their services until payment has been confirmed. You will be held to the terms and conditions of PayPal and it is your responsibility to keep your PayPal account current.

You agree that you will not be entitled to a refund of any fees paid to yaysayers.com if for any reason yaysayers.com takes corrective action with respect to your improper or illegal use of its services.  You agree to pay yaysayers.com liquidated damages of $1 for each piece of spam, unrelated or unsolicited bulk email transmitted from your account to ours, otherwise you agree to pay yaysayers.com actual damages.

Quotes from Yaysayers Editing, LLC are non-negotiable unless otherwise noted.

Yaysayers Editing, LLC may offer certain limited-time promotions or offers with different charges and features.

6. Submissions

When you give Yaysayers Editing, LLC material, including but not limited to documents, text, movies, music, pictures and graphics (the "Content"), you grant Yaysayers Editing, LLC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to proofread and edit despite the copyright, publicity, and database rights you may have in the Content, or in any media known now or in the future.  Without this license from you, Yaysayers cannot edit your content.

You represent and warrant that: (i) you own all of the Content posted by you or otherwise have the right to grant the license described above, and (ii) the Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted or sent by you.

Except for Content submitted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.

Yaysayers Editing, LLC will not be held responsible if you plagiarize, copy, edit, mock or solicit the work of a third party.

7. Community Standards

Yaysayers Editing, LLC may terminate your services if any Content that in the sole judgment and discretion of Yaysayers Editing, LLC violates this Agreement or which may be offensive, illegal and/or violate the rights, harm, and/or threaten the safety of any person. Yaysayers Editing, LLC assumes no responsibility for monitoring the Services for inappropriate Content or conduct.

Yaysayers Editing, LLC does not endorse and has no control over your Content. The Content does not necessarily reflect the opinions or policies of Yaysayers, LLC and it makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content.

yaysayers.com will not be held responsible and may also cancel your service immediately if you are infiltrating the site (including its email addresses) with spam or using the site in association with any morally objectionable activities. Morally objectionable activities include but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which you are located; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (hacking); distribution of internet viruses or similar destructive activities; and activities designed to harm or abuse minors in any way.

8. Prohibited Content and Conduct

The following is a partial list of the kind of Content that is illegal or prohibited to submit on or through the Services. Yaysayers Editing, LLC reserves the right to investigate and take appropriate legal action against anyone who, in Yaysayers Editing, LLC 's sole discretion, violates this provision, including without limitation removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to anything that:

Illegal and Offensive Activities

  • solicits personal information from anyone under 18;
  • is, or may be criminal or tortuous activity, including anything abusive, threatening, obscene, defamatory or libelous;  child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets; or anything which uses the Services in a manner inconsistent with any and all applicable laws and regulations;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as using another person's work as your own, providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protection devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

Commercial Activities

  • involves commercial activities including, but not limited to outside, sales, contests, sweepstakes, barter, advertising, or pyramid schemes;
  • contains a link to an adult website;
  • interferes with the yaysayers.com website;
  • interferes with, disrupts, or creates an undue burden on the Services or the networks or connections to the Services;
  • As a User of the Services, you expressly acknowledge that the following activities are forbidden on the Services and your account may be terminated or suspended for any of the following:
  • using the account, username, or password of another Member or impersonating another member, a Yaysayers employee, or any other person or entity at any time;
  • disclosing your password to any third party or permitting any third party to access your account;
  • selling or otherwise transferring your account except as permitted by the Website;
  • using any information obtained from the Services in order to harass, abuse, or harm another person;
  • promoting information that you know is false or misleading.

9. Copyright and Repeat Infringer Policy

Use of the Services is governed by our Copyright and Repeat Infringer Policy, which is incorporated into this Agreement by this reference.

However, you understand and agree that all content and materials contained in this agreement, on the yaysayers.com site, or in any advertising or promotion for yaysayers.com are protected by various copyright, patent and laws of the United States. You further understand and agree that you are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of yaysayers.com

10. Privacy Policy

Use of the Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

11. Intellectual Property

The Services contain Yaysayers Editing, LLC marks, content, software and other intellectual property. Yaysayers Editing, LLC Content is protected by copyright, trademark, patent, trade secret and other laws, and Yaysayers Editing, LLC owns and retains all rights in the Yaysaysers Editing, LLC Content and the Services.

You agree that yaysayers.com holds all rights, title and interest in all services and intellectual property, including other rights related to intangible property, unless otherwise indicated.

12. Indemnity

You agree to indemnify, defend and hold Yaysayers Editing, LLC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.

13. External Links and Advertisers

The Service, its advertiser, and/or third parties may provide links to other World Wide Web sites, resources, or information. Because Yaysayers Editing, LLC has no control over such sites, resources, or information you acknowledge and agree that Yaysayers Editing, LLC is not responsible for the availability of such external sites, resources, or information and does not endorse and is not responsible or liable for any content or transactions that arise there from. Yaysayers Editing, LLC will not be held responsible for third party privacy policies.

14. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YAYSAYERS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YAYSAYERS EDITING, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YAYSAYERS EDITING, LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

15. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YAYSAYERS EDITING, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAYSAYERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. FURTHER, IN NO EVENT SHALL YOU BE ENTITLED TO ENJOIN OR RESTRAIN THE SERVICES. DAMAGES SHALL NOT EXCEED THE AMOUNT PAID FOR SERVICES RENDERED.

YAYSAYERS EDITING, LLC WILL DO ITS BEST TO KEEP ITS WEB SITE AND SERVICES OPERATIONAL. HOWEVER, CERTAIN TECHNICAL DIFFICULTIES MAY FROM TIME TO TIME RESULT IN TEMPORARY SERVICE INTERRUPTIONS. YOU AGREE NOT TO HOLD YAYSAYERS LIABLE FOR ANY OF THE CONSEQUENCES OF SUCH INTERRUPTIONS.

16. No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this agreement.

17. Governing Law

This Agreement shall be governed in all respects by the laws of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions.

18. Forum Selection

You agree that any claim or dispute you may have against Yaysayers Editing, LLC must be resolved by a court located in Los Angeles County, California, except as otherwise agreed by the parties.  You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.

19. Waiver and Severability of Terms

The failure of Yaysayers Editing, LLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement or the incorporated policies 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 this Agreement remain in full force and effect.