Terms of Services
These terms (“Terms”) cover the use of those Phelps & Associates products, websites, and services (the “Services”). You accept these Terms by either creating an account with or through your use of the Services, or by continuing to use the Services after being notified of a change to these Terms. If you disagree with these Terms of Service or any part of these Terms of Service, then please do not use Phelps & Associates Services.
Phelps & Associates offers a wide range of Services, such as writing, editing, proofreading, customized training and education programs and products, etc. and when you use Phelps & Associates Services, you will be subject to the guidelines, terms and agreements applicable to that Phelps & Associates (“Specific Terms”), covered below and in any additional agreement(s) to this extent. If there is any conflict between the Specific Terms of the service and the Terms of Service, then those specific terms and agreement(s) will prevail.
Right to make Changes to the Terms of Service
Phelps & Associates reserves all rights with respect to these Terms of Service. This includes any modifications to the Terms of Service by Phelps & Associates, which may or may not be noticed to you. You are encouraged to periodically check these Terms of Service for any updates. Your continued usage of the Services will constitute as your acceptance of the same. Please read the Terms of Service carefully and if you wish not to continue using the Services with the revised terms, you may discontinue using the Services accordingly.
No compensation will be paid with respect to the use of your Submissions, as provided herein. Phelps & Associates is under no obligation to post or use any Submissions you may provide and Phelps & Associates may remove any Submissions at any time in Phelps & Associates’ sole discretion.
By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submissions as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Code of Conduct
By agreeing to these Terms of Service, you’re agreeing that, when using the Services, you will follow these rules
- Don’t do anything illegal.
- Don’t engage in any activity that exploits, harms, or threatens to harm children.
- Don’t send spam or engage in phishing. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), instant messages or similar electronic communications. Phishing is sending emails or other electronic communications to fraudulently or unlawfully induce recipients to reveal personal or sensitive information, such as passwords, dates of birth, National Insurance Numbers, Social Security Number, passport numbers, credit card information, financial information, or other sensitive information, or to gain access to accounts or records, exfiltration of documents or other sensitive information, payment and/or financial benefit.
- Don’t publicly display or use the Services to share inappropriate content or material (involving, for example, nudity, bestiality, pornography, offensive language, graphic violence or criminal activity) or your content or material that does not comply with local laws or regulations.
- Don’t engage in activity that is fraudulent, false or misleading (e.g. asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings or comments) or libelous or defamatory.
- Don’t circumvent any restrictions on access to or availability of the Services.
- Don’t engage in activity that is harmful to you, the Services or others (e.g., transmitting viruses, stalking, posting terrorist or violent extremist content, communicating hate speech or advocating violence against others).
- Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material).
- Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material)
- Don’t engage in activity that violates the privacy or data protection rights of others.
- Don’t help others break these rules.
- Don’t attempt to reproduce, duplicate, copy, sell, resell, exploit Phelps & Associates Services for any commercial purpose without the prior written consent of Phelps & Associates.
- Don’t frame techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Phelps & Associates without prior express written consent of Phelps & Associates.
- Don’t use any meta tags or any other “hidden text” utilizing Phelps & Associates’ name or trademarks without the prior express written consent of Phelps & Associates.
No Unlawful or Prohibited Use
As a condition of your use of the Services, you warrant to Phelps & Associates that you will not use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other terms, conditions, notices, or any applicable law. You may not use Services in any manner which could damage, disable, overburden, or impair Phelps & Associates or interfere with any other party’s use and enjoyment of the Phelps & Associates Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Phelps & Associates Services.
If you violate these Terms, we may, in our sole discretion, stop providing Services to you or we may close any account you create with us. We may also block delivery of a communication to or from the Services in an effort to enforce these Terms, or we may remove or refuse to publish your content for any reason. When investigating alleged violations of these Terms, Phelps & Associates reserves the right to review your content until the issue comes to a determination, and you hereby authorize such review. However, you acknowledge that we may not be able to monitor the entire Services and make no attempt to do so.
Third party links
Phelps & Associates website provides links to third-party websites (Linked Sites) which it does not control. These links are provided for Users’ convenience at their own risks. By providing a link, Phelps & Associates does not endorse or accept responsibility for the content or use of that website.
Phelps & Associates assumes no responsibility, and has no control over, and for, the content, privacy policies, or practices of any third-party websites. Phelps & Associates is not responsible for webcasting, or any other form of transmission received from any Linked Site. Phelps & Associates is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Phelps & Associates of the site or any association with its operators. Further, Phelps & Associates will not and cannot censor or edit the content of any third-party website. By using the third-party websites, you are expressly agreeing to relieve Phelps & Associates from any and all liability arising from your use of such third-party websites.
You agree that all the materials, documents, products, and services, including all copyrights, trademarks, patents, trade secrets and other intellectual property, whether registered or unregistered, or in the application process developed by Phelps & Associates and provided through Services are the property of Phelps & Associates, its affiliates, directors, officers, employees, agents, suppliers, or licensors.
You acknowledge that the software, the technology underlying our Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with the Service are the proprietary property of Phelps & Associates and/or its affiliated and/or third party providers and suppliers (the “Third Parties”). Unless otherwise specified, when any content is downloaded to your computer and/or any other device, you do not obtain any ownership interest in such content or any use of the content for any other purpose. Phelps & Associates reserves all rights not expressly granted to you.
By agreeing to these Terms of Service, you agree that you will not reproduce or redistribute Phelps & Associates’ Intellectual property in any way.
Claims Of Copyright Infringement — DMCA Notice
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), we will respond expeditiously to claims of copyright infringement committed using our Services. If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials from the services by submitting written notification to our Copyright Agent (designated below).
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the site by submitting a written notice (the “DMCA Notice”) to us with the following information:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works.
- Identification of the material you believe to be infringing in a suIciently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Completed notices should be sent by email to: firstname.lastname@example.org Upon receipt of Notice as described below, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Site.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
The information, software, products, and services included in or available through Phelps & Associates Services may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Phelps & Associates and/or its suppliers may make improvements and/or changes to the Phelps & Associates Services at any time. Advice received via the Phelps & Associates website should not be relied upon for personal, legal and/or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Phelps & Associates and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on or within Phelps & Associates Services for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. Phelps & Associates and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
If you are dissatisfied with any portion of the Phelps & Associates Services, or with any of these Terms of Services, your sole and exclusive remedy is to discontinue using Phelps & Associates Services.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law. Service contact: email@example.com
To the extent permitted under applicable law, you will indemnify and hold Phelps & Associates, its affiliates, officers, directors, investors, employees, agents, service providers and other contractors harmless from any claim or demand including, without limitation, reasonable legal fees, made by any third party arising out of or in connection with your use of Phelps & Associates Services, any content or information available through the Phelps & Associates Website, or any violation of the Terms.
Limitation of Liability
- If you have any basis for recovering damages (including breach of these Terms), to the extent permitted by the applicable law, you agree that your exclusive remedy is to recover, Phelps & Associates and/or its suppliers, direct damages up to an amount equal to your Services fee for the month during which the loss or breach occurred (or up to USD$10.00 if the Services are free).
- To the maximum extent permitted by applicable law, in no event shall Phelps & Associates and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the (i) use or performance of the Phelps & Associates Services, (ii) delay or inability to use the Phelps & Associates Services or related services, (iii) provision of or failure to provide services, or (iv) information, software, products, services and related graphics obtained through Phelps & Associates Services, or otherwise arising out of the use of Phelps & Associates Services, whether based on contract, tort, negligence, strict liability or otherwise, even if Phelps & Associates or any of its suppliers has been advised of the possibility of damages.
- Phelps & Associates is not responsible or liable for any failure to perform or delay in performing its obligations under these Terms to the extent that the failure or delay is caused by circumstances beyond Phelps & Associates’ reasonable control (such as labor disputes, acts of God, war or terrorist activity, malicious damage, pandemics, accidents or compliance with any applicable law or government order). Phelps & Associates will endeavor to minimize the effects of any of these events and to perform the obligations that aren’t affected.
Any dispute or claim relating in any way to your use of any Phelps & Associates Services and/or service, or to any products or services sold or distributed by Phelps & Associates will be resolved by binding arbitration, to be submitted to the United States Arbitration Association (USADR) for arbitration in accordance with its rules in force at the time of application for arbitration (“Arbitration Rules”). The venue for such arbitration shall be Colorado and language shall be English
By using any Phelps & Associates membership portal and/or service, you agree that the laws of Singapore, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and Phelps & Associates. Further, the parties specifically exclude the application of United Nations Convention on Contracts for the International Sale of Goods. Use of the Phelps & Associates Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of Service, including without limitation, this paragraph. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION
- Customer Support. To find more information about our service and its features or if you need assistance with your account, please write to firstname.lastname@example.org and we will reach out to you at the earliest. In the event of any conflict between these Terms of Service and information provided by Customer Support or other portions of our website, these Terms of Service will control.
- Evolving Nature of Services. Phelps & Associates Services and/or content are subject to change at any time. We are continually looking to improve the Phelps & Associates Services and/or content but if you are at any time dissatisfied with our service or content, you may write to us your complaints and we will attempt to resolve your compliant to the fullest extent possible. However, if you still remain dissatisfied with our Service even after escalation to customer support team, then your sole remedy is to discontinue use of the Service. Further, we invite your feedback and/or suggestion to improve on our Services and we are at our discretion to implement your feedback and/or suggestion for the betterment of the Services. You grant us exclusive, irrevocable, perpetual and royalty free rights to use your feedback and suggestion in our Services.
- Scheduled Maintenance. We may suspend your service for scheduled maintenance with prior notification to you. During the scheduled maintenance hours, you may not be able to use and access the site or service.
- Survival. If any provision or provisions of these Terms of Service shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall remain in full force and effect.
- Waiver. The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms of Service will not impair any such term or right nor be construed to be a waiver thereof and will in no way affect the other party’s right later to enforce it. Any waiver by either party of any covenants, conditions, or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.
- Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Phelps & Associates as a result of these Terms of Service, or your use of the Phelps & Associates’ Services.
- Entire agreement. Unless otherwise specified herein, these Terms of Service constitute the entire agreement between the user and Phelps & Associates with respect to the Phelps & Associates Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Phelps & Associates with respect to the Phelps & Associates Services. A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Service Specific Terms
Billing and Cancellation
- Billing Cycle for Premium Membership: The membership fee for the Premium Membership and any other charges you may incur in connection with your use of the service, such as withholding taxes or other taxes and possible transactional and administrative handling fees, will be charged annually and/or monthly to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership. For the purpose of clarity, the membership fee is exclusive of all taxes and charges. In some cases, your payment date may change, for example, if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click “My Subscription” page to see your next payment date.
- Payment Methods for Premium Membership: To use the Premium Membership, you must provide one or more Payment Methods. You can update your Payment Methods by going to the “My Subscription” page. We may also update your Payment Methods using information provided by the payment service providers. Following an update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge Payment Method associated to your account for payment of your subscription fee and/or any other fees such as administrative and handling fees and taxes such as withholding or otherwise, applicable for any Phelps & Associates Services that you use and/or access. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
- Cancellation and Refund: You can cancel your any membership at any time, and you will continue to have access to the Premium Membership through the end of your annual and/or monthly billing period. To the extent permitted by the applicable law, payments are non-refundable except for annual billing period in which case, Phelps & Associates may, at its discretion, refund the payment subject to deducting applicable charges such as handling or administrative charges, as applicable, to you provided the request for refund has been made within thirty (30) days from the date of purchase of services. Further, we do not provide credits for any partial month membership periods or unused CodeRed content. To cancel, write an email to email@example.com from your email ID registered with Phelps & Associates. If you cancel your membership, your account will automatically close at the end of your current billing period.
- Billing, Enrollment and Cancellation for Enterprise Membership: The enrolling procedure, billing cycle and the procedure to opt out of student services shall be subject to separate terms and conditions and/or agreement.
- Changes to the Price and Subscription Plans: We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to our subscription plans will apply to you no earlier than 30 days following notice to you.
Phelps & Associates content:
- Phelps & Associates content and any content viewed through the service are for your personal and non-commercial use only and may not be shared with any third party for whatsoever reason. You agree not to use the service for public performances.
- The Phelps & Associates Services, including the content library, is regularly updated.
- You agree to use and access Phelps & Associates Services and/or Content, including all features and functionalities associated therewith, in accordance with all applicable laws, rules, and regulations, or other restrictions on the use of the service or content therein. You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Service) content and information contained on or obtained from or through the Phelps & Associates Services. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections on the Phelps & Associates website; use any robot, spider, scraper or other automated means to access the website; decompile, reverse engineer or disassemble any software or other products or processes accessible through the website; insert any code or product or manipulate the content of the website in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Phelps & Associates website, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our Service if you violate these terms of service or are engaged in the illegal or fraudulent use of the services.
- The quality of the display of the Phelps & Associates Content may vary from device to device and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD, and HDR availability are subject to your Internet service and device capabilities. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges.