Terms & Conditions: The terms and conditions below set forth how we at Eliot & Lamb (herein “E&L”), including our legal successors and assigns, and you, the client (herein, “Client”), agree to respect each other during and after use of our services. The term “Client” includes, as applicable, any company, group, or organization you may represent, which is bound jointly and severally with the Client as an individual, with Client attesting to have both its express and apparent authority to agree on its behalf to all of these terms and conditions.
Copyright & Trademark Notice: Unless otherwise specified in writing, all materials and content appearing on this site and otherwise used in E&L’s consulting, including any text, page or site designs, names, trade names, trademarks, logos, graphics, icons, video, and images, as well as the selection, assembly and arrangement thereof, are the sole property of E&L. Client may use the content of this site only for the purpose of your own education, for browsing our services, and for no other purpose. No materials or content from this site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, or distributed in any form or by any means without our prior written permission. All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and may result in criminal or civil penalties.
Trade Disclosures: This website and its information have been written and published by E&L, which claims sole and exclusive ownership of its content.
Data: E&L respects the Client and will not sell, lease or distribute Client’s contact information or any other information to third parties unless we have your permission or are required by law to do so. These terms and conditions, and any other legal documents or agreements will supersede any previous terms and conditions you may have copies of in any form, regardless of whether we or you have signed them or not.
Testimonials: The testimonials and example of previous clients do not guarantee that you will achieve comparable results. They are for illustrative purposes only.
Confidentiality: Because of the intimate nature of personal essay writing, it is likely that E&L and Client will come into contact with confidential information crucial to the operation of each party’s business and goals. Such confidential information may include, without limitation: (i) personal stories or any such information E&L or Client deems as “confidential”. By this agreement, each party agrees to keep in strict confidence all non-public information so long as it remains non-public, except to the extent disclosure is required by law, requested by any governmental or regulatory agency. Both parties agree not to use the confidential information disclosed for their own benefit, or for the benefit of any party with which E&L or Client is affiliated. If this agreement is terminated, each party upon request will promptly return to the other party all documents, contracts, records, or other information received that disclose or embody confidential information.
Refunds and Returns: E&L does not offer a refund and/or return policy for services.
Guarantee: An admissions committee’s decision to accept or reject an applicant is under the sole discretion of the parties therein and is not within the control of E&L. E&L does not guarantee acceptance into any university or college. E&L assists with essay writing only, and admission results vary based on an admission committee’s discretion. Client accepts and understands that results vary from student to student and agrees there are no guarantees in regard to results.
Indemnification: Client agrees to defend, indemnify and hold harmless E&L, its officers, affiliates, directors, agents, and employees from and against any and all property damage, personal injuries or death, and other liability, loss, cost, expense, or damage, including, without limitation, court costs and reasonable attorney’s fees arising out of user’s use or misuse, whether intentional or negligent, of E&L’s offerings, content and information and from user’s breach of any of the terms contained in this agreement.
Severability and Interpretation: Whenever possible each provision of these terms and conditions shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of these terms and conditions shall be prohibited, void, invalid, or unenforceable under applicable law, such provision shall be ineffective to the extent of such prohibition, invalidity, voidability, or enforceability without invalidating the remainder of such provision or the remaining provisions of this agreement. We and you agree that any ambiguity, vaguer, or applicability of any provision of this agreement shall not be construed against the drafting party because of its being the drafter of this agreement.
Arbitration & Relief in Equity: All claims and disputes arising under or relating to these terms and conditions are to be settled by binding arbitration conducted in the English language, under applicable arbitration rules, before a single arbitrator, and located in “the State of New York, USA” or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction. Should any arbitration be commenced between the parties to this agreement concerning this agreement, or the rights and duties of either in relation thereto, the party prevailing in such arbitration shall be entitled, in addition to such relief as may be granted, to its attorneys’ fees and costs in the arbitration. Nothing in the foregoing shall in any way limit E&L from seeking to uphold and defend its rights and privileges contained in the terms of this Agreement or any other applicable agreement with its Users, Members or Affiliates, by requesting injunctive relief, administrative relief or any relief in equity, including, without limitation, remuneration for attorneys’ fees and/or other dispute-related costs, in a court of competent jurisdiction, by administrative proceeding or by any other legal means.
Governing Law: This agreement shall be construed under the laws of “State of New York,” without regard to conflicts of law principles.
