Client Terms of Service

Updated June 16, 2011

THIS WEBSITE WITH ALL ITS APPLICATIONS IS AN ONLINE SERVICE PLATFORM OWNED AND OPERATED BY TheContentAuthority.com (‘Site’).

The current owner of this Site is: IMarketing 2030, LLC P.O. Box 2031 Cranberry Township, PA 16066

PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF SERVICES (“Terms Of Services”) CAREFULLY BEFORE USING THIS Site OR ANY SERVICES OFFERED BY THIS Site.

By using this site, this site’s services, and printing, downloading, or utilizing any service provided by this site, or by registering or becoming a “publisher” of this site, you signify your assent to and agree with these Terms and Conditions. If you do not agree with these Terms and Conditions, you must not register an account. You must also discontinue use of this site’s services.

I. Nature of this Site 1. This Site offers a platform for publishers that need new, original and rewritten texts, or articles concerning certain topics, themes, matters, or issues. Such text users (publishers) may order through this Site from authors new, original and rewritten texts, articles that will reflect the needs of the publisher.

2. Our publisher (licensee) has certain approval or rejection rights against the original author of the text or article.

II. Updates and Revisions of our Terms Of Services This Site may revise and update its Terms Of Services at any time without notice by posting such revised or updated Terms Of Services on or at this Site. Any changes to these Terms Of Services will become effective upon posting such revisions or updates. You are required to periodically check our Terms Of Services for any changes, if you continuously use this Site. Your continued usage of this Site or any of its goods and services will mean that you accept those changes.

III. Access to this Site; Registration 1. To access this site and the services provided by the site, you must first register an account with this site and provide certain data required for registration (name, email address, etc.) or other information. The registration is required in order to use goods and services provided by the site.

2. After completing the registration form(s), you will receive an email containing an authentication code. You must use that authentication code and web address in order to receive access to the site.

3. The information provided to the site by you via the registration form MUST contain accurate, current, and complete data. If this information turns out to be incorrect, this site has the unconditional right to refuse you further access to the site or any of its other content or services, and/or terminate or suspend access to the services and/or content of this site.

4. You do not have a right to be registered with this site. The decision of your access to this site and its services is left to our sole discretion. It is our choice to accept your application to access services provided by this site.

IV. Ordering texts and articles 1. Via Standard Orders Using the publisher menu on this site, you may order certain texts or articles using specific keywords and/or instructions provided by you. You may choose the minimum required words of that text or article and make a decision concerning the quality degree of that text or article. We will give that order to the “authors”. You have no guarantee that we will successfully find an author for that article or text or that we can find an author within certain time parameters. We reserve the right to cancel and refund orders for any and no reason with or without notification.

2. Via Direct Order Via the publisher menu on this Site you may also order certain texts or articles from a specific author you already had contact with or who perfectly fits your criteria (“Direct Order”). In your Direct Order to the specific author, you may indicate the approximate number of words that the text or article should have and make a decision about the degree of quality of the text or article. You are also free to decide about the categories, topics, themes, etc. of the text or article. We will then forward your Direct Order to the particular author. You have no right that the particular author will then actually accept your order. In case of rejection, your order has failed.

3. Via Rewrite Orders Using the publisher menu on this site, you may request certain texts or articles to be rewritten using texts or articles provided by you. The minimum required words to be rewritten will be dictated by the length of the text or article provided by you. We will give that order to the “authors”. You have no guarantee that we will successfully find an author for that article or text or that we can find an author within certain time parameters.

4. Each and every order you submit to us must not infringe upon the rights of third persons, in particular copyrights, moral rights, trademarks, and service marks, etc. Also, each order you submit to us must not contain pornographic, immoral, obscene, slanderous, or libelous material, or be in any way degrading to human nature.

5. In case of violation, we will have the right to remove violating orders, terminate your membership, and/or deny further access to this site.

V. Delivery of the ordered text or article: Approval / Rejection by the publisher 1. A publisher may approve of or reject the actually delivered text or article. The publisher may, under certain criteria, also ask for improvements of the delivered text or article.

2. The rejection of an article or text can only be possible if certain criteria are met. If the criteria are met, the publisher must specify, in detail, the rejection of the order. This rejection must give the author ample information on how they can improve the article. The order may be rejected under the criteria that (1) the rejection is based on the failure of the author to follow instructions provided by the publisher and the publisher specifically describes why these terms or circumstances have not been met, or (2) the order provided by the author is below certain criteria of quality. All cases of rejection will be reviewed by the site and all final decisions concerning the approval or rejection will be made by the site. In the case where the rejection is deemed unjustified, the site will charge the publisher as if the order was approved.

3. The publisher has 72 hours to reject a delivered text or article or ask for improvements. If the publisher does not reject the delivered text or article or ask for improvements within the 72-hour time period, this Site will irrevocably deem the text or article approved by the publisher and charge the publisher’s account accordingly.

VI. Criteria of Quality 1. The text must follow the instructions provided by the publisher.

2. Text or articles must include proper spelling, grammar, punctuation, and paragraph breaks.

3. All text or articles will be reviewed for spelling, grammatical errors, and plagiarism.

4. Text or articles that contain spelling or grammatical errors or show plagiarism may be rejected or returned to the author for revision.

5. The text or article must be unique and pass an internal duplicate check system, likened to Copyscape..

VII. Administration and Acceptance

1. Publishers have 72 hours after the receipt of the article(s) to request revision. If revision is requested the articles will be returned to the writer for correction.

2. If the publisher does not request revision within the 72 hours, the articles are considered “approved” by the publisher.

3. Prior to making payment for articles, the Site and the publisher must approve the articles.

VIII. Payment For each approved or deemed approved text or article we will charge the publisher’s account. In Standard Order cases, the payment is calculated by two factors: (a) number of words of the text or article; (b) quality degree of text or article. In Direct Order cases, the payment is calculated by the following two factors: (a) number of words of the text or article; (b) price schedule of the individual author. In Rewrite Order cases, the payment is calculated by two factors: (a) number of words of the text or article; (b) established rewrite price schedule.

IX. No luring away of authors The publisher has no right to directly contact authors other than through this Site. Legal rights will be enforced against the publisher accordingly.

X. No unauthorized copying of content of this Site By using this Site you agree to prevent any unauthorized copying of this Site, or any of the content contained therein. You represent and warrant that you will not illegally download, copy, or redistribute any of the content appearing on this Site. You will be obligated to immediately destroy any information or content you have illegally downloaded, printed or otherwise copied from this Site.

XI. Notice Any notice required to be given under these Terms Of Services may be provided by e-mail to a functioning e-mail address of the party to be noticed, by a general posting on this Site, or personal delivery by commercial carrier such as FedEx, DHL, or Airborne. Notices by you to us shall be given by e-mail or other electronic messages unless otherwise specified in these Terms Of Services. Any correctly addressed notice to you that is refused, unclaimed, or undeliverable, because of an act or omission of you shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, fax machine, e-mail server, or overnight delivery service.

XII. Copyright and Trademark Protection 1. Copyright Protection All works and content included, contained or offered on this Site, in particular all literary works, pictorial and graphical works, photographs, images, video and audio clips, audiovisual works, music, button icons and other icons, streaming files and other data, animation or graphics, or any form of software files in object code or source code format are the property of the owners of this Site or their content suppliers and are protected by national and international copyright laws. The aforementioned copyright protection also refers to compilations or all forms of alteration of all content on this Site. We will report and prosecute offenders of our copyrights to the fullest extent of applicable law.

2. Trademark Protection All logos and other trademarks and service marks, which you may find on this Site, may be trademark protected by national and international trademark and service mark laws. These trademarks and service marks may not be used publicly except with express written permission from the owner of these trademarks and service marks. You are not allowed to do anything, which may cause confusion among consumers with respect to the aforementioned trademarks and service marks.

XIII. Disclaimer of Warranty THE SERVICE OF THIS Site AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS, AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS, TITLE, OR NONINFRINGEMENT OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW IN YOUR JURISDICTION. YOU EXPRESSLY AGREE THAT USE OF THIS Site OR ANY OF THE MATERIALS CONTAINED THEREIN IS AT YOUR DISCRETION AND AT YOUR OWN AND SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THIS Site OR THE EMPLOYEES OR AFFILIATES OF THIS Site SHALL CREATE OR IMPLY A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF LIABILITY OF THE OWNERS OF THIS Site. THIS Site MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY OTHER WEBSITE WHICH YOU MAY ACCESS THROUGH THIS Site. WHEN YOU ACCESS THROUGH THIS Site ANOTHER WEBSITE, PLEASE BE AWARE THAT IT IS COMPLETELY INDEPENDENT; THIS Site HAS NO CONTROL OVER THE CONTENT ON THAT OTHER WEBSITE. THIS Site IS NOT RESPONSIBLE TO YOU FOR ANY TRANSMISSION PROBLEMS OF DOWNLOADED OR OTHERWISE USED CONTENT OF THIS Site OR ANY FORM OF WEBSITE DOWNTIME. THIS Site DOES NOT WARRANT THAT THIS Site WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN OR ON THIS Site WILL BE CORRECTED.

XIV. Limitation of Liability 1. IN NO EVENT WILL THIS Site OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME BE LIABLE TO YOU, OR ANY OTHER THIRD PARTY FOR

– ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL, DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR GOODWILL, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS Site, THE MATERIALS OR ANY INFORMATION, OR TRANSACTIONS PROVIDED OR OFFERED ON THIS Site OR DOWNLOADED FROM THIS Site, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF THIS Site OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR – ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OR ON THIS Site, THE MATERIALS AND/OR LISTINGS OR INFORMATION DOWNLOADED, PROVIDED, OR OFFERED THROUGH THIS Site. BECAUSE SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THIS Site’s LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

2. THIS Site IS ONLY A PLATFORM. EACH AUTHOR REGISTERED ON OR WITH THIS Site IS SOLELY RESPONSIBLE FOR HIS/HER OWN PROFILE AND CONTENT. ALSO, EACH AUTHOR IS SOLELY RESPONSIBLE FOR THE QUALITY, ACCURACY AND LEGALITY OF HIS/HER TEXTS OR ARTICLES. WE EXPLICITLY WANT TO HIGHLIGHT THAT BOTH THE AUTHOR AND THE PUBLISHER SHALL ALWAYS BE AWARE OF AND ABIDE BY THE FTC-RULES, IN PARTICULAR, WITHOUT LIMITATION, “THE GUIDES CONCERNING THE USE OF ENDORSEMENTS AND TESTIMONIALS IN ADVERTISING” (FEDERAL TRADE COMMISSION 16 CFR Part 255) WHICH, FOR EXAMPLE, CAN BE FOUND ON THE WEBSITE OF THE FEDERAL TRADE COMMISSION (see www.ftc.gov).

3. THIS Site OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME ARE IN NO WAY RESPONSIBLE FOR ANY OF THE AUTHOR’S TEXTS OR ARTICLES SENT THROUGH THIS Site. THIS Site IS IN NO WAY RESPONSIBLE FOR ANY CONSEQUENCE(S) IF ANY OF THE AUTHOR’S TEXTS OR ARTICLES ARE REJECTED OR DENIED ACCORDING TO THIS Site’s STANDARDS OR DISCRETIONS OR IF THE AUTHOR’S TEXTS OR ARTICLES ARE NOT PUBLISHED LATER.

4. THIS Site OR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS AFFILIATES, AND THE ASSIGNS OF SAME ARE IN NO WAY RESPONSIBLE FOR THIRD PARTY SERVICES OFFERED ON OR USED BY THIS Site. THE RESPECTIVE THIRD PARTY, FOR EXAMPLE, PAYMENT SYSTEMS, ETC. IS SOLELY RESPONSIBLE FOR ITS OWN SERVICES. WE DO NOT WARRANT OR REPRESENT ANY OF ITS SERVICES IN ANY WAY OR FORM.

XV. Indemnity You agree to defend, indemnify, and hold harmless this Site, its officers, directors, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, liabilities, and other costs, including, without limitation, reasonable legal, attorneys’ and accounting fees, reasonably incurred in the defense of any claim or suit arising out of or otherwise related to these Terms Of Services, including, without limitation, any breach by you of these Terms Of Services. This Site will promptly notify you by e-mail of any such claim or suit, and cooperate fully, at your expense, in the defense of such claim or suit. This Site may participate in the defense of such claim or defense at its own expense, and choose its own attorney or other legal counsel, but is not forced or obligated to do so.

XVI. No Agency Relationship Nothing in these Terms Of Services shall be deemed to constitute, create, imply, give effect to, or otherwise recognize a partnership, employment, joint venture or formal business entity of any kind between the publisher and the owner of this Site. The rights and obligations of the parties shall be limited to those expressly set forth herein.

XVII. Termination of Membership Without limiting other remedies, this Site may issue a warning or terminate your access to this Site at any time, with or without advance notice or permission, if – We believe that you have breached any material term of these Terms Of Services; – We are unable to verify or authenticate any information you provide to us; – We decide to stop operating this Site entirely or parts thereof. You agree and acknowledge that neither this Site nor any third party acting on our behalf shall be responsible or liable to you for any termination of your membership or access to this Site. After termination by us, re-registration of you as a user of or on this Site is strictly forbidden. This Site and its affiliates disclaim any and all liability or responsibility arising from fraudulent entry and use of this Site. In case of fraud, we will take all necessary and appropriate actions under applicable federal, state, and international laws.

XVIII. Rights to Injunctive Relief This Site and you acknowledge and agree that remedies at law may be inadequate to provide an aggrieved party with full compensation in the event of the other party’s breach of these Terms Of Services, and that an aggrieved party shall therefore be entitled to seek injunctive relief in the event of any such breach, in addition to seeking all other remedies available at law or in equity.

XIX. Attorney’s Fees In the event any party (you or this Site) shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce these Terms Of Services or issues relating thereto, including without limitation claimed breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available damages or other relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.

XX. Severability If any provision of these Terms Of Services shall be held to be invalid or unenforceable for any reason, or any portion thereof, the remaining provisions shall continue to be valid and enforceable to the maximum extent permissible and the remainder of these Terms Of Services will continue in full force and effect.

XXI. No Waiver Failure by either party to enforce any provision of these Terms Of Services will not be deemed a waiver of future enforcement of that or any other provision. No waiver of one breach shall constitute a waiver of subsequent breaches of the same or of a different nature.

XXII. No Assignment Neither these Terms Of Services nor any rights or membership granted to you hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.

XXIII. Entire Agreement These Terms Of Services constitute the entire agreement between this Site and you with respect to your access and use of this Site and the content contained therein, and your membership with this Site, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. You acknowledge, represent and warrant that you have read these Terms Of Services and agree to be bound by them as part of and in consideration of using this Site and, if you have become a member of this Site, of your membership.

XXIV. Consumer Rights Information – California Residents Only This Section applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:

Name of Service Provider: The Content Authority P.O. Box 2031 Cranberry Township, PA 16066

Contact Information: support@thecontentauthority.com

XXV. Complaints – California Residents The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254

Users who wish to gain access to the publisher-only section of this Site, must be a member in good standing. This Site reserves the right to change the payment-rates at any time. Users may contact this Site at: support@thecontentauthority.com in order to resolve any billing disputes or to receive further information about this Site.