ACCEPTANCE OF TERMS.
(Xumbrus™, LLC.- Xumbrus)
The services that Xumbrus
provides to you are subject to the following Terms of
Use ("TOU"). Xumbrus reserves the right to update the
TOU at any time without notice to you.
SCHOLARWORD RETURN POLICY:
Due to the nature of our product offering, we follow the common practice of offering a FREE 7-day risk free trial so everyone can see how helpful our product can be for academic writing. Therefore under no circumstances do we provide refunds.
DESCRIPTION OF SERVICES.
Through its network of Web properties, Xumbrus provides
you with access to a variety of resources, including
download areas, communication forums and product
information (collectively "Services"). The Services,
including any updates, enhancements, new features,
and/or the addition of any new Web properties, are
subject to the TOU.
PERSONAL AND NON-COMMERCIAL
USE LIMITATION.
Unless otherwise specified, the Services are for your
personal and non-commercial use. You may not modify,
copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from,
transfer, or sell any information, software, products or
services obtained from the Services.
PRIVACY AND PROTECTION OF
PERSONAL INFORMATION.
See the Privacy Statement disclosures relating to the
collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE
AVAILABLE ON THIS WEB SITE.
Any software that is made
available to download from the Services ("Software") is
the copyrighted work of Xumbrus and/or its suppliers.
Use of the Software is governed by the terms of the end
user license agreement, if any, which accompanies or is
included with the Software ("License Agreement"). An end
user will be unable to install any Software that is
accompanied by or includes a License Agreement, unless
he or she first agrees to the License Agreement terms.
The Software is made
available for download solely for use by end users
according to the License Agreement. Any reproduction or
redistribution of the Software not in accordance with
the License Agreement is expressly prohibited by law,
and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent
possible.
WITHOUT LIMITING THE
FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR
REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY
THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF
AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE
AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT,
XUMBRUS LLC HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER
EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, XUMBRUS
MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS
SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR
DOWNLOAD. XUMBRUS DOES NOT MAKE ANY ASSURANCES WITH
REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT
DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES.
PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF
OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE
ON THE SERVICES OR IN XUMBRUS SOFTWARE PRODUCTS.
RESTRICTED RIGHTS LEGEND.
Any Software which is
downloaded from the Services for or on behalf of the
United States of America its agencies and/or
instrumentalities ("U.S. Government"), is provided with
Restricted Rights. Use, duplication, or disclosure by
the U.S. Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of the Rights in
Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer Software - Restricted Rights at 48
CFR 52.227-19, as applicable. Manufacturer is Xumbrus
LLC, 2438 Lexington Avenue North, Roseville, MN55113
NOTICE SPECIFIC TO
DOCUMENTS AVAILABLE ON THIS WEB SITE.
Permission to use Documents
(such as white papers, press releases, datasheets and
FAQs) from the Services is granted, provided that (1)
the below copyright notice appears in all copies and
that both the copyright notice and this permission
notice appear, (2) use of such Documents from the
Services is for informational and non-commercial or
personal use only and will not be copied or posted on
any network computer or broadcast in any media, and (3)
no modifications of any Documents are made. Accredited
educational institutions, such as K-12, universities,
private/public colleges, and state community colleges,
may download and reproduce the Documents for
distribution in the classroom. Distribution outside the
classroom requires express written permission. Use for
any other purpose is expressly prohibited by law, and
may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent
possible.
Documents specified above do
not include the design or layout of the Scholarword.com
Website or any other Xumbrus owned, operated, licensed
or controlled Website. Elements of Xumbrus Websites are
protected by trade dress, trademark, unfair competition,
and other laws and may not be copied or imitated in
whole or in part. No logo, graphic, sound or image from
any Xumbrus Website may be copied or retransmitted
unless expressly permitted by Xumbrus.
XUMBRUS AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY
OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR
ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. XUMBRUS
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. IN NO EVENT SHALL XUMBRUS AND/OR ITS
RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT
OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN
AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS
ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED
GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE
TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
XUMBRUS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE
PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE,
DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE.
IN NO EVENT SHALL XUMBRUS
AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR
PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD,
AND SECURITY.
If any of the Services
requires you to open an account, you must complete the
registration process by providing us with current,
complete and accurate information as prompted by the
applicable registration form. You also will choose a
password and a user name. You are entirely responsible
for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for
any and all activities that occur under your account.
You agree to notify Xumbrus immediately of any
unauthorized use of your account or any other breach of
security. Xumbrus will not be liable for any loss that
you may incur as a result of someone else using your
password or account, either with or without your
knowledge. However, you could be held liable for losses
incurred by Xumbrus or another party due to someone else
using your account or password. You may not use anyone
else's account at any time, without the permission of
the account holder.
NO UNLAWFUL OR PROHIBITED
USE.
As a condition of your use of the Services, you will not
use the Services for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You
may not use the Services in any manner that could
damage, disable, overburden, or impair any Xumbrus
server, or the network(s) connected to any Xumbrus
server, or interfere with any other party's use and
enjoyment of any Services. You may not attempt to gain
unauthorized access to any Services, other accounts,
computer systems or networks connected to any Xumbrus
server or to any of the Services, through hacking,
password mining or any other means. You may not obtain
or attempt to obtain any materials or information
through any means not intentionally made available
through the Services.
Xumbrus reserves the right at all times to disclose any
information as Xumbrus deems necessary to satisfy any
applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in
part, in Xumbrus's sole discretion.
Always use caution when giving out any personally
identifiable information about yourself or your children
in any Communication Services. Xumbrus does not control
or endorse the content, messages or information found in
any Communication Services and, therefore, Xumbrus
specifically disclaims any liability with regard to the
Communication Services and any actions resulting from
your participation in any Communication Services.
Managers and hosts are not authorized Xumbrus
spokespersons, and their views do not necessarily
reflect those of Xumbrus.
Materials uploaded to the Communication Services may be
subject to posted limitations on usage, reproduction
and/or dissemination; you are responsible for adhering
to such limitations if you download the materials.
MATERIALS PROVIDED TO
XUMBRUS OR POSTED AT ANY XUMBRUS WEB SITE.
Xumbrus does not claim
ownership of the materials you provide to Xumbrus
(including feedback and suggestions) or post, upload,
input or submit to any Services or its associated
services for review by the general public, or by the
members of any public or private community, (each a
"Submission" and collectively "Submissions"). However,
by posting, uploading, inputting, providing or
submitting ("Posting") your Submission you are granting
Xumbrus, its affiliated companies and necessary
sublicensees permission to use your Submission in
connection with the operation of their Internet
businesses (including, without limitation, all Xumbrus
Services), including, without limitation, the license
rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and
reformat your Submission; to publish your name in
connection with your Submission; and the right to
sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of
your Submission, as provided herein. Xumbrus is under no
obligation to post or use any Submission you may provide
and Xumbrus may remove any Submission at any time in its
sole discretion.
By Posting a Submission you warrant and represent that
you own or otherwise control all of the rights to your
Submission as described in these Terms of Use including,
without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth
above, by Posting a Submission that contain images,
photographs, pictures or that are otherwise graphical in
whole or in part ("Images"), you warrant and represent
that (a) you are the copyright owner of such Images, or
that the copyright owner of such Images has granted you
permission to use such Images or any content and/or
images contained in such Images consistent with the
manner and purpose of your use and as otherwise
permitted by these Terms of Use and the Services, (b)
you have the rights necessary to grant the licenses and
sublicenses described in these Terms of Use, and (c)
that each person depicted in such Images, if any, has
provided consent to the use of the Images as set forth
in these Terms of Use, including, by way of example, and
not as a limitation, the distribution, public display
and reproduction of such Images. By Posting Images, you
are granting (a) to all members of your private
community (for each such Images available to members of
such private community), and/or (b) to the general
public (for each such Images available anywhere on the
Services, other than a private community), permission to
use your Images in connection with the use, as permitted
by these Terms of Use, of any of the Services,
(including, by way of example, and not as a limitation,
making prints and gift items which include such Images),
and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute,
transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Images without having
your name attached to such Images, and the right to
sublicense such rights to any supplier of the Services.
The licenses granted in the preceding sentences for a
Images will terminate at the time you completely remove
such Images from the Services, provided that, such
termination shall not affect any licenses granted in
connection with such Images prior to the time you
completely remove such Images. No compensation will be
paid with respect to the use of your Images.
NOTICES AND PROCEDURE FOR
MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Pursuant to Title 17, United
States Code, Section 512(c)(2), notifications of claimed
copyright infringement should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
LINKS TO THIRD PARTY SITES.
THE LINKS IN THIS AREA WILL
LET YOU LEAVE OUR SITE. THE LINKED SITES ARE NOT
UNDER THE CONTROL OF XUMBRUS AND XUMBRUS IS NOT
RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY
LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR
UPDATES TO SUCH SITES. XUMBRUS IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED
FROM ANY LINKED SITE. XUMBRUS IS PROVIDING THESE LINKS
TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY
LINK DOES NOT IMPLY ENDORSEMENT BY XUMBRUS OF THE SITE.
UNSOLICITED IDEA SUBMISSION
POLICY.
XUMBRUS OR ANY OF ITS
EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS,
INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW
PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES,
MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE
DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY
IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN
XUMBRUS'S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM
SIMILAR TO IDEAS SUBMITTED TO XUMBRUS. SO, PLEASE DO NOT
SEND YOUR UNSOLICITED IDEAS TO XUMBRUS OR ANYONE AT
XUMBRUS. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US
YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE
UNDERSTAND THAT XUMBRUS MAKES NO ASSURANCES THAT YOUR
IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR
PROPRIETARY.
COPYRIGHT NOTICE.
Copyright © Xumbrus(tm), LLC,
930 Blue Gentian Road Ste. 500, Eagan, MN 55121,
U.S.A. All rights reserved.
TRADEMARKS.
The ScholarWord™, A+genda™,
Focus™ and/or other Xumbrus products referenced
herein are either registered trademarks or trademarks of
Xumbrus LLC in the U.S. and/or other countries. The
names of actual companies and products mentioned herein
may be the trademarks of their respective owners. The
example companies, organizations, products, domain
names, email addresses, logos, people and events
depicted herein are fictitious. No association with any
real company, organization, product, domain name, e-mail
address, logo, person, or event is intended or should be
inferred.
Any rights not expressly
granted herein are reserved.
Should your have any
questions or concerns regarding web properties, support,
spam/privacy issues, or piracy please use our
Support Form to contact us after choosing the
appropriate topic from the pull down list.
Last Updated: Saturday,
DECEMBER 18TH, 2010 8:45 PM CST
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