This writing outlines the intended legal relationship between ANDREA DEVLIN trading as SCIENCE EDITING EXPERTS (the “COMPANY”) and you (the “CLIENT”). The writing (the “AGREEMENT”) is intended to govern and control your subscription to the free courses "Polished Figure and Table Titles 5-Day Challenge" or "Science Writing Tips for Life Scientists" (the “PROGRAM”) from the COMPANY.
The COMPANY and the CLIENT are the intended parties (the “PARTIES”) to this AGREEMENT.
Accepting these terms
As the CLIENT, you are entering into a legally binding agreement with the COMPANY, a sole trader company operating in Northern Ireland, United Kingdom, according to the following terms and conditions, when you do any of the following:
With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. A facsimile, electronic, or emailed executed copy of acceptance of this AGREEMENT is legally binding with either a written or electronic signature and has the same result as an originally signed copy.
This AGREEMENT is executed and valid, when CLIENT accepts these terms (electronically, verbally, written, and or otherwise).
The terms of this AGREEMENT are binding on any additional goods and or services supplied by the COMPANY to a CLIENT.
The PARTIES agree that the PROGRAM is in the nature of EDUCATION AND TRAINING ON SCIENTIFIC MANUSCRIPT WRITING.
The scope of services provided by COMPANY according to this AGREEMENT is limited to those listed on THE COMPANY’s website, or as part of the PROGRAM. The COMPANY reserves the right to substitute services equal to or comparable to the PROGRAM for the CLIENT if the need arises, without prior notice.
The term “Confidential Information” means information THAT is not generally known to the public relating to the CLIENT’s business or personal affairs.
COMPANY agrees not to disclose, reveal, or make use of any Confidential Information learned of through its transactions with CLIENT during discussions and interactions with CLIENT, or otherwise, without the written consent of CLIENT.
COMPANY shall keep the Confidential Information of the CLIENT in the strictest confidence and shall use its best efforts to safeguard the CLIENT’s confidential information and to protect it against disclosure, misuse, espionage, loss, and theft.
No transfer of intellectual property
The COMPANY’s copyrighted and original materials are provided to the CLIENT for his or her individual use only and under a limited single-user license.
The CLIENT is not authorized to use any of the COMPANY’s intellectual property, trademarks and or copyrights, for any purpose. The CLIENT is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY.
All intellectual property, including COMPANY’s copyrighted course materials shall remain the sole property of the COMPANY. No license to sell or distribute COMPANY’s materials is granted or implied.
To the extent that CLIENT interacts with COMPANY staff and or other clients, CLIENT agrees to behave professionally, courteously, and respectfully with staff and clients at all times. CLIENT agrees that failing to follow course rules is cause for termination of this AGREEMENT.
In the event that a dispute arises between the PARTIES or a grievance by the CLIENT, the PARTIES agree and accept that the only venue for resolving such a dispute is direct contact with the COMPANY at [email protected] PARTIES further agree that they will not engage in any conduct or communications public or private, designed to disparage the other. Such an act constitutes a breach of this AGREEMENT.
Use of PROGRAM Materials
No resale of services permitted
CLIENT agrees not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial or educational purpose, any portion of the PROGRAM including materials, use of the PROGRAM, or access to the PROGRAM. This AGREEMENT is not transferable or assignable without the COMPANY’s prior written consent.
If CLIENT is in default of this AGREEMENT, then the CLIENT is barred from using any of COMPANY’s services. The COMPANY is allowed to immediately stop providing further services to the CLIENT.
In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’s representatives, or employees, the provisions in this AGREEMENT control.
This AGREEMENT is the entire AGREEMENT between the PARTIES relating to the subject matter and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a writing signed by both PARTIES.
Limitation of liability
By using the COMPANY’s services and enrolling in the PROGRAM, the CLIENT releases the COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from his or participation in the PROGRAM. The PROGRAM provides EDUCATION AND TRAINING ON SCIENTIFIC MANUSCRIPT WRITING. The CLIENT accepts any and all risks, foreseeable or non-foreseeable arising from the PROGRAM.
Regardless of the previous paragraph, if COMPANY is found to be liable, the COMPANY’s liability to the CLIENT or to any third party is limited to the lesser of:
(a) The total amount of money CLIENT paid to COMPANY in the one month prior to the action giving rise to the liability
All claims against the COMPANY must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever. CLIENT agrees that COMPANY will not be held liable for any damages of any kind resulting in or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of COMPANY’s services or enrollment in the PROGRAM.
CLIENT agrees that use of the COMPANY’s services is at the CLIENT’s own risk.
COMPANY recognizes and agrees that all of the COMPANY’s trustees, affiliates, and successors shall not be held personally responsible or liable for any actions, or representations of the COMPANY.
CLIENT shall defend, indemnify (insure and protect), and hold harmless the COMPANY, COMPANY’s trustees, affiliates, and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the PROGRAM.
These include (without limitation): claims, damages, judgments, awards, settlements, investigations, legal actions, regulatory actions, costs, legal fees, disbursements, or the like that occur from or are related to this AGREEMENT.
Any expenses or liabilities that result from a breach of this AGREEMENT, sole negligence, or willful misconduct by the COMPANY, COMPANY’s Trustees, Affiliates, or Successors are excluded from indemnification.
Disclaimer of Guarantee
CLIENT accepts and agrees that he or she is 100% responsible for his or her progress and results from the PROGRAM. CLIENT accepts and agrees that he or she is the one AND ONLY vital element to the PROGRAM’s success and that the COMPANY cannot control the CLIENT.
The COMPANY makes no representations or guarantees verbally or in writing regarding the performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the PROGRAM will meet the CLIENT’s requirements or that all CLIENTs will achieve the same results.
Moreover, the COMPANY cannot guarantee any outcome listed in the COMPANY’S disclaimer policy.
Choice of Law/Venue
This AGREEMENT is governed and interpreted in accordance with the laws of Northern Ireland and the United Kingdom without giving effect to any principles of conflicts of law.
The PARTIES agree to submit any dispute or controversy arising out of/or relating to this AGREEMENT to arbitration in Northern Ireland and the United Kingdom. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of Fees owed set forth in this AGREEMENT, and any other provisions that by their sense and context the PARTIES intend to have survive, shall survive the termination of this AGREEMENT for any reason.
If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.
Written by Andrea Devlin
Last updated 21st November 2019
Signed and dated 21st November 2019