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PENN GROUP, LLC SERVICE AGREEMENT This agreement (the "Agreement") is entered into by and between you ("you") and Penn Group, LLC ("Penn") regarding your use of our professional writing services. By requesting our services, you are entering into this Agreement with Penn and indicating that you agree to be bound by these terms and conditions. Our agreement to provide professional writing service to you is expressly contingent upon your agreement to each and every term contained herein. If you do not agree with all of these terms and conditions, you may not use our services. Priority This Agreement takes priority over any other agreement that you make with Penn, unless that agreement specifically and in writing signed by an authorized Penn representative provides otherwise. In the event of an inconsistency between this Agreement and any other agreement, this Agreement shall control. There shall be no oral modifications of this agreement whatsoever. Any statement made by a Penn representative that is not in the form of a signed writing does not bind Penn or anyone associated directly or indirectly with the company. Proper Use You agree that you will use our services in compliance with all applicable local, state, national, and international laws, rules and regulations. Furthermore, you agree that you will not request or submit a work product that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, or otherwise objectionable. You further agree not to request or submit a work product that relates to illegal activity or that infringes upon another party's intellectual property rights. Our work product is provided to you as a private reference material only. You may not sell, use, reproduce, modify, edit, translate, publish, perform, display, post, transmit or distribute our work product for any reason whatsoever without the written permission of Penn. Further, Penn reserves the right to refuse service to anyone at any time without notice for any reason. Penn will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. Not Professional Advice Information provided via Penn is not intended to substitute for informed professional accounting, financial, investment, legal, medical, psychiatric, psychological, tax, or other professional advice. If you submit a request for counseling or research and/or writing on such a topic, we will assume you are interested in general information rather than professional advice. Please note, the applicability of such general information might vary substantially in different states and according to the individual factual circumstances surrounding a particular request. Accordingly, if you desire or require professional advice, please consult a qualified provider who is licensed in your state or country. Confidentiality and Use of Information The questions you submit and the responses you receive do not form the basis for a professional-client relationship, including but not limited to attorney-client, physician-patient, or therapist-patient, and are not subject to standards or requirements of confidentiality and/or privilege associated therewith. However, Penn will do everything possible to respect your privacy and maintain complete confidentiality, excepting when that need is superseded by legal requirements. Payment Terms Once you place your order, it is non-refundable, regardless of whether or not work has been started. Penn charges on a flat-rate or hourly basis, or both depending on the project. In the event that a flat rate becomes unrepresentative of the amount of work required of Penn, Penn reserves the right to increase the price. If you do not agree to the new price, you may cancel your order at that time. For customers on installment payment plans, your credit card will be charged automatically as each installment becomes due. Payment must be rendered before your work product is submitted to you. You shall also pay any taxes imposed by governmental agencies of whatever kind and imposed with respect to all transactions under the Agreement, including penalties and interest (if any). When Penn has the legal obligation to pay or collect such taxes, the appropriate amount shall be billed to and paid by you. Delinquent payments shall bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the due date until paid in full. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by Penn in collecting unpaid or delinquent amounts. All payments due are in U.S. dollars unless otherwise agreed in writing. All materials prepared by Penn are copyright Penn Group, LLC until full payment has been made. Refund Policy Except at stated herein, there are no refunds. Procedure: Once an order has been placed a writer and will be assigned to the project. Client is deemed to have read and received progress sent by the writer. Upon delivery of the final work product, client shall have 48 hours to request further revisions. After 48 hours have passed, the project shall be closed and no further revisions will be made. Communications Communications shall be sent via email to the email address provided on the online form request and/or to the email address used to communicate with Penn Group by client. All emails shall be deemed received upon dispatch. No Warranty The information provided by Penn pursuant to this Service is derived from public reference sources (the "Information") and is provided by Penn for informational purposes only. The Information has not been verified, however, and Penn does not represent that it is accurate, correct, complete, reliable, or otherwise valid. Penn does not endorse or recommend, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned in any document produced by us. Further Penn does not endorse or support any opinion expressed in our work product. THE INFORMATION AND SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. THE SCOPE OF WORK OF THE ASSIGNMENT IS PROVIDED BY AND IS THE RESPONSIBILITY OF THE PERSON SUBMITTING SUCH ASSIGNMENT. PENN EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states do not allow the exclusion of warranty, so the above exclusions may not apply to you. Limitation of Liability UNDER NO CIRCUMSTANCES WILL PENN OR WRITERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT RESEARCHERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL PENN OR RESEARCHERS BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED OR INFORMATION PROVIDED PURSUANT TO THIS AGREEMENT, RATHER YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE THE REFUND OF FEES ACTUALLY PAID BY YOU TO PENN FOR ANY INSTANCE OF USE OF THE SERVICES THAT GIVES RISE TO A CLAIM. TO THE EXTENT THAT ANY OF OUR WORK PRODUCT REFERS TO ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER, PENN EXPRESSLY DISCLAIMS ANY ASSOCIATION WITH, ENDORSEMENT OF OR LIABILITY FOR ANY SUCH PRODUCT, MANUFACTURER, DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. Hold Harmless and Indemnity You agree to hold harmless and indemnify Penn, and its Counselors, employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Penn will provide you with written notice of such claim, suit or action. Release and Waiver To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Penn and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. No Assignment You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Penn's prior written consent. Any such purported assignment or delegation by you without Penn's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by Penn at its sole and absolute discretion. Jurisdiction You hereby agree that any and all claims arising under this contract shall be governed by the laws of the State of New York and any and all claims will be litigated only in the State of New York. Miscellaneous If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. Penn's failure to act with respect to a breach by you or others does not waive Penn’s right to act with respect to subsequent or similar breaches. The failure of Penn to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This Agreement constitutes the entire agreement between Penn and you with respect to the subject matter hereof.
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