Please read the following Terms and Conditions of Use (TCU) carefully before using Divergent Web Solutions LLC or its Affiliates web pages.
1. Purpose of the Terms and Conditions of Usage. Divergent Web Solutions, LLC its affiliates, successors and assigns including without limitation including:
PhDStudent.com; HowDoYouGetAPhD.com; DivergentWebSolutions.com; Elite-Research.com; Elite-Central.com; EliteResearch.com; EditingHelp.com; StatsGuide.com; CollaborativeResearcher.com; CollaborativeResearchers.com; CollaborativeResearching.com, ViewMyOnline.com
2. Divergent Web Solutions, LLC and subdomains (collectively the “Site” or “We”), which are a realm of entities dedicated to promoting education within a community. The person or persons using this Site are referred to herein as a “user(s) or “you.”
3. Reserved Rights. We reserve the right to revise these Terms and Conditions of Use and all other terms and conditions provided within the web pages of this Site (collectively referred to as “TCU”). Changes to these TCU shall become effective immediately upon uploading such changes to the Site. Site users are responsible for periodically checking this Site for updates and revisions to the TCU.
5. Children’s Privacy. Site is committed to protecting the privacy of children. This Site is not intended or designed to attract children under the age of thirteen (13). Children under the age of thirteen (13) are not eligible to use this Site, and we ask that minors (between the ages of thirteen (13) and (18)) do not use this Site or submit any personal information on this Site without adult parental supervision.
6. Site’s Content. Site Content includes without limitation, text, articles, information, communications, data, databases, statistics, layout, designs, graphics, images, illustrations, logos, process or processes, photographs, products, forms, reference materials, tools, forums, User Works (as defined below), job listings, internships, surveys, polls, charts, newsletters, emails, links, External Links (as defined below), and advertising provided on or through the Site (collectively the “Content”). Content maybe provided by Site members, directors, employees, forum moderators, independent contributors, users, or others, any of which may be professionals (collectively the “Contributors”). As stated in Section 4 above, users should rely on Site’s Content as it is not intended to serve as expert advice, which follow Site’s Content use such Content at their own risk. The users of the Site’s blogs, forums, chat, or all content will never be influenced by compensation received in the form of cash advertising, sponsorship, paid insertions or any other forms of compensation.
7. Site’s Content is Intellectual Property and Protected by Law. Site’s Content is protected by copyright, trademark and other laws of the United States, as well as the international conventions, treaties and the laws of other countries. All Content is owned by or licensed to the Site, or the party credited on this Site as the provider or the owner of such Content. Site provides its users with a limited license to view and download a single copy of the material from Site solely for personal and non-commercial use only after including the following copyright: “©Copyright 2015, Divergent Web Solutions, LLC and its Affiliates; All Rights Reserved,” on user’s downloaded copy along with any other copyright and proprietary rights and notices which are contained in the downloaded Content.
8. Limitation on Usage. All content viewed, copied, downloaded, modified, printed or otherwise used by users is subject to the following terms and conditions:
a. This Site allows RSS feed usage or linking. However, users of this Site have no permission to take, use, modify, or alter such RSS feeds in a way which will violate copyright, trademark, or, any other property rights of the owner of such property;
b. As provided in Section 7 above, users are provided a limited license to use Site’s content for personal, but NOT for commercial use or any other non-personal use;
c. Notice of any proprietary, copyright, trademark, service mark or mark shall be kept intact, and no modification(s) is or are permitted in any form whatsoever, and all copyright or other proprietary notices must appear in all copies made and used by the user;
d. Site strictly prohibits its user from disrupting the Site or causing a nuisance on the Site, including without limitation, any user transmitting any unlawful, copyrighted, trademarked, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material, which could constitute or encourage conduct that could be considered a criminal offense or violate any laws. Further, users agree not to use any Content or resources available on or through Site to perpetrate prohibited, illegal, or abusive conduct, whether against Site, its affiliates, its owners or any other third party; and
e. Site strictly prohibits its user from posting, uploading, emailing or otherwise transmitting any material containing software viruses or other computer code or files designed to interrupt, harm, delete or otherwise interfere with or limit the functionality of any computer software, hardware or telecommunications equipment.
9. Notices and Procedures 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 the Site’s designated agent listed below (“Notice”). This Site respects the intellectual property of others, and we ask all users and visitors to do the same. Site will process and investigate notices of alleged infringement and will take all appropriate actions under the Digital Millennium Copyright Act as amended ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Site will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. User’s which believe that their work has been copied in a way that constitutes copyright infringement, should provide Notice Site with the following information:
a. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
b. a description of the copyrighted work which is claimed to be infringed;
c. a description of where the material claimed to be infringed is located on the Site;
d. the user’s address, telephone number, and email address and all other information reasonably sufficient to permit Site to respond to such notice;
e. a statement which provides that you the user have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. a statement by you the user, under penalty of perjury, declare that the above information in user’s Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of copyright infringement shall be submitted to the following designated agent for Divergent Web Solutions, LLC:
Subject: Divergent Web Solutions DMCA Notice
By mail: Divergent Web Solutions, LLC
9901 E. Valley Ranch Parkway
Irving, TX 75063
By fax: (800) 806-5661
(Please include "Notice of Infringement" in the subject line.)
USERS SHOULD TAKE NOTE THAT USERS WHICH KNOWINGLY MISREPRESENT A DMCA CLAIM BY FALSELY STATING THAT ANY ONLINE MATERIAL IS INFRINGING WHEN THERE IS NO ACTUAL INFRINGMENT MAY BE SUBJECT TO SIGNIFICANT CIVIL PENALTIES. THESE PENALTIES INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY MOMMD, OR BY ANY OTHER COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON SUCH MISREPRESENTATION. USERS MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
10. User Submissions and User Provided Information (“User Works”).
a. Users shall not upload or transmit any User Works (as defined in Section 11(b)) of any type to any Public Area, which infringes or violates any rights of any other party. By submitting User Works to the Public Areas, users agree that such submission is non-confidential for all purposes. Any user which submits any business information, idea, concept or invention to Site by email agrees that such submission is non-confidential for all purposes;
b. Users which submit any communication, text, articles, information, data, databases, statistics, layout, designs, graphics, images, illustrations, logos, process or processes, photographs, products, forms, reference materials, tools, job listings, physician and hospital information, surveys, polls, charts, video(s), personal information which may include a user’s private information, ideas, concept or inventions, whether copyrighted, trademarked or patented (collectively “User Works’) to the Site, by any means, including without limitation, posting to Site Public Areas whether submitted by posting directly to the Site, or by submitting such User Works to Site by email, mail or facsimile hereby grant Site, a royalty free, perpetual, irrevocable, world-wide, nonexclusive right and license to: (i) use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the User Works in all forms of media and in any format, now known or hereinafter created; (ii) grant sublicenses to the User Works to third parties; and (iii) transfer, sell, or lease the User Works to third parties. Any User Works which are not intended to be treated as Site Content should not be posted on the Site or submitted to the Site by any other means.
c. User’s which submit User Works to the Site automatically and immediately grant and warrant that they are the owner of such User Works and expressly grant Site a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the User Works or content in any media or medium, or any form, format, or forum now known or hereafter developed. Site may sublicense its rights through multiple tiers of sublicenses.
d. User’s shall indemnify Site against any third party claims related to User Works uploaded and posted on Site which infringe on another party’s intellectual property. User shall indemnify Site for all losses, damages, liabilities and all reasonable expenses (including reasonable attorneys' fees) and costs incurred by Site in any such claim, action, suit or proceeding.
e. Site does not and cannot review all User Works and shall not in any manner be responsible for the content created by Site’s uses or user submissions and user provided User Works. Users acknowledge that while Site provides users with the ability to view and distribute user generated content on the Site, Site is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any user submitted content or activities on the Site. Statements made in Public Areas reflect only the views of the user and not that of Site.
f. Site reserves the right to block or remove User Works which it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Site at its sole discretion.
g. Users which register on any part of Site agree that they will provide true, accurate, current and complete personal information as requested in the registration process/inquiry. Users also agree to update such personal information as often as necessary in order to maintain its accuracy. Users which provide any information which is untrue, inaccurate, not current or incomplete, or if Site has reason to believe such information is untrue, inaccurate, not current or incomplete, then Site has the right in its sole and complete discretion to suspend or terminate such user’s account or use and refuse the user any or all current and future use of any of portion of the Site, or the services of Site.
h. Users understand that Elite controls and operates the Site from within the United States. If user chooses to access this Site from outside the United States, user does so at their own risk, and are responsible for compliance with local laws if, and to the extent, local laws are applicable.
11. Third Party Links. In an attempt to provide increased value to Site’s visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with Site, Site has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Site. Site has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for user’s convenience and therefore users which access these linked sites, enter at their own risk. Links do not imply that Site sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such external Sites. Nonetheless, Site seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Users should contact the Site administrator for those external Sites if there are any concerns regarding such links or the content located on such External Sites.
12. WAIVER, RELEASE AND LIMITATION OF LIABILITY.
a. USERS AGREE THAT THEIR USAGE OF THIS SITE SHALL BE AT THEIR SOLE RISK AND THAT ALL OF THE CONTENT, USER WORKS, PRODUCTS AND SERVICES ON THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND THE SITE, ITS LICENSORS, SUCCESSORS AND ASSIGNS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGMENT OF THIRD PARTYS’ RIGHTS, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTIES WHICH ARE OR MAY BECOME APPLICABLE.
b. IN ADDITION, THE SITE DISCLAIMS ALL REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND USE OF THIS SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF SITE’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, INCLUDING WITHOUT LIMITATION USER WORKS, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
c. SITE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SITE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN THE USER AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USERS SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
d. IN NO EVENT SHALL SITE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF SITE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE CONTENT, USER WORKS, OTHER INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13. Typographical Errors. In the event a Site product or service is listed incorrectly due to typographical error, then Site shall have the right to refuse or cancel any product or service which is listed incorrectly.
14. Governing Law. This TCU will be governed by and construed in accordance with the laws of the State of Texas, irrespective of what is known as choice of law or conflict of laws principals.
15. This TCU is Admissible in a Judicial Proceeding. A printed version of this TCU and any notice given to user by Site (whether in electronic or written form) shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this TCU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
16. Site is an Equal Opportunity Employer. Site reserves the right to post information about employment opportunities with the Site on the Site. Site is an equal opportunity employer, employing people without consideration to race, sex, religion, nationality, age or disability. Site does not discriminate in any manner.
17. Severability. If any provision in this TCU is held to be invalid or unenforceable, it shall be ineffective only to the extent of the invalidity, without affecting or impairing the validity and enforceability of the remainder of the provision or the remaining provisions of this TCU.
18. Entire TCU. This TCU constitutes the entire TCU among the Site and its users and contains all of the TCUs among said Site and users with respect to the subject matter hereof. This TCU supersedes any and all other TCUs, either oral or written, between the Site and it users with respect to the subject matter hereof.
Thank you for your cooperation. We hope you find the Site helpful and convenient to use! Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted using Site’s Contact Us Form or via U.S. mail to: Divergent Web Solutions, LLC 9901 E. Valley Ranch Parkway, Suite 3075, Irving, TX 75063.
Last Updated 1/3/18
© Copyright 2018 Divergent Web Solutions, LLC and its Affiliates. All rights reserved.