Terms of Use

Last updated 11 July 2024

Introduction

JohnGarger.com (“Site” or “we” or “us” or “our”) and its affiliates, employees, and agents provide copy editing, proofreading, coaching, reviewing, and other services to clients (“you” or “your”) subject to the following conditions. By visiting the Site or purchasing services from us, you agree to these conditions. These terms may limit your rights.

Communication

When you visit this Site or send e-mails to us, you are communicating with us electronically, and you consent to receive such electronic communications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You acknowledge that electronic communication bears the risk of interception, delays, theft, or misuse by third parties. You acknowledge and agree that JohnGarger.com and its affiliates, employees, and agents are not liable for any damages, losses, or delays resulting from the actions of third parties during electronic communication with JohnGarger.com.

Website Use

JohnGarger.com grants you a limited license to access and make personal use of this Site, but not to download, other than page caching, or modify any portion of it except with express written consent from us. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without express written consent from us. You may not frame or use framing techniques to endorse any trademark, logo, or other proprietary information, including images, text, page layout, or form, of JohnGarger.com without express written consent from us. You may not reproduce any image or depiction of this Site without express written consent from us. You may not use any meta tags or any other hidden text using JohnGarger.com’s name or trademarks without express written consent from us. Any unauthorized use terminates the permission or license granted by JohnGarger.com. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to JohnGarger.com provided that the link does not portray JohnGarger.com or its services in a false, misleading, derogatory, or offensive manner. You may not use JohnGarger.com’s logo or other proprietary graphic or trademark as part of a link without express written consent from us.

Services Copyright

This Site is owned and operated by JohnGarger.com and is protected by U.S. and international copyright and trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this Site, including code and software. Unauthorized use of any portion of this Site may violate copyright, trademark, and other laws.

Clients who submit material to JohnGarger.com for services retain copyright on such material, and we require no other credit or acknowledgment for work completed other than the fees described on the services pages on the Site. JohnGarger.com does not claim any rights to such material by virtue of supplying its services and will not use or disclose such material for any reason other than providing our services. You represent and warrant that you own or otherwise control all of the rights to the material that you submit for service, that the material is accurate, that use of the material you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify JohnGarger.com and its affiliates, employees, and agents for all claims resulting from material you supply. JohnGarger.com has the right, but not obligation, to monitor and refuse any activity or content for any reason in its sole discretion. JohnGarger.com takes no responsibility and assumes no liability for any material submitted by you or any third party.

JohnGarger.com provides advice on changes that you, your publisher, or other third parties may accept, reject, or further amend. Content of any finished work is, therefore, entirely the responsibility of the client or other persons to whom the client delegates, licenses, or otherwise assigns control over his or her work. Our changes to any manuscript or material do not imply endorsement of its content or of its clients(s). JohnGarger.com expressly prohibits association of JohnGarger.com and any of our trademarks, editors, affiliates, employees, or agents with any published work, including by way of acknowledgment. Comments provided to the client by JohnGarger.com and its affiliates, editors, employees, or agents are provided for personal use only. Credit, rights, and acknowledgment for original works created by JohnGarger.com will be negotiated on a case-by-case basis.

Disclaimer of Warranties and Limitations of Liability

JohnGarger.com and its affiliates, employees, and agents attempt to be as accurate as possible. However, JohnGarger.com does not warrant that service descriptions, other content on this Site, or services performed for its clients are accurate, complete, reliable, current, or error free. JohnGarger.com reserves the right to change the services available through the Site and their prices without notice or liability. Our services are provided on an “as is” and “as available” basis and at your sole risk. To the fullest extent permissible pursuant to applicable law, JohnGarger.com disclaims all warranties and conditions, expressed or implied, in respect of its services and any information, content, or materials on this Site, including any implied warranties or conditions of fitness for a particular purpose, merchantability, and non-infringement.

JohnGarger.com on its website, including without limitation banners, graphics, and links pages, may provide links and pointers to Internet sites maintained by third parties. JohnGarger.com does not operate, or control in any respect, any information, products, or services on these third-party sites. In no event is JohnGarger.com, its affiliates, employees, or agents liable for any damages whatsoever, including, without limitation, direct, incidental, or consequential damages, lost profits, delays, or damages resulting from lost data, breach of confidentiality, or business interruption, resulting from the performance of JohnGarger.com’s services, the use or inability to use the JohnGarger.com Site or the material contained on the Site, whether based on warranty, contract, tort, negligence, strict liability, operation of law, or any other legal theory, whether or not JohnGarger.com is advised of the possibility of such damages. In no event is JohnGarger.com liable for damages in excess of the amount paid by a client for the service in question. JohnGarger.com has set its prices and created this Site in reliance on the limitations of liability and disclaimers of warranties and damages set forth herein, and the same form a fundamental and essential basis of the bargain between the parties. They shall apply even if the contract between you and JohnGarger.com is found to have failed in its fundamental or essential purpose or has been fundamentally breached. You acknowledge and agree that JohnGarger.com is not liable for any defamatory, offensive, or illegal conduct of any client. If you are dissatisfied with any of JohnGarger.com’s material, or with any of JohnGarger.com’s terms and conditions, your sole and exclusive remedy is to discontinue using JohnGarger.com’s services. Although we endeavor to ensure that any files and messages originating at this Site or sent by JohnGarger.com’s affiliates, employees, and agents are free of known computer viruses, we make no warranty or guarantee that files are virus free, and we are not able to provide any assurances with respect to e-mail or attachments that may have originated with third parties. All recipients are cautioned to check all e-mail, attachments, and other computer files before accessing them, and any and all risk of virus contamination is assumed by the recipient.

Clients

JohnGarger.com is not obligated to refund the purchase price of any service under any circumstance unless explicitly agreed to by JohnGarger.com. If applicable, any refund will be granted in the original currency using the original payment method within thirty business days from receipt of a request. Fees charged by third parties for the receipt of such refunds are the responsibility of the recipient, whether or not the recipient agrees to or is aware of them. Prices, terms, and availability are subject to change without notice. All prices quoted are in U.S. dollars (USD) unless otherwise stated. JohnGarger.com and its affiliates, employees, and agents reserve the right to limit quantities, to request payment prior to delivery of service, to refuse service, or to cancel orders at its sole discretion. Cancellation of an order by the client may incur cancellation costs depending on how much work has been done on the document, and for other reasons.

Purchase prices and invoices may be based on information that you provide to us, including the word count of the documents you are submitting for service and your relationship with a college, university, institution of higher learning, or company. You represent and warrant that such information is accurate, and you agree to pay to JohnGarger.com any additional charges arising from any inaccuracy in such information within seven days of notification thereof. JohnGarger.com is not obligated to verify the accuracy of such information but will refund overpayments arising from inaccuracy therein within thirty business days of the discovery thereof.

JohnGarger.com may, at its sole discretion, agree to accept payments for services, performed by JohnGarger.com for you, from a third party, including, but not limited to, universities, institutions, organizations, governments, NGOs, partnerships, consortiums, and individuals, on your behalf. You agree that in the event that any third party that was willing to or agreed to, or you believed was willing to or agreed to, pay on your behalf but later was unwilling or unable to pay that you will make those payments yourself within seven days of the original due date as specified on the quote, invoice, or other document, or specified through other communications between you and JohnGarger.com, including, but not limited to, e-mail, post mail, phone calls, or video calls.

JohnGarger.com may, at its sole discretion, agree to additional or modified terms of services. Unless otherwise agreed to in writing, payment is due when an invoice is rendered. If you do not provide accurate contact information, or if you do not respond promptly if we require further information, we cannot be responsible for delays in providing a service. JohnGarger.com does not provide a file storage service, and thus clients are responsible for storing, safekeeping, and backing up files sent to them from JohnGarger.com.

Privacy

See our privacy policy.

Legal

This Site and this agreement are governed by the laws of the State of New York, United States. Any legal action against JohnGarger.com shall take place in the courts of Broome County, New York. The parties shall attorn to the non-exclusive jurisdiction of the courts of Broome County, New York. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. JohnGarger.com may change these terms by posting notice on the Site.