Terms And Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF SERVICE ("Terms and Conditions") RELATING TO YOUR USE OF THE TRANSLATION PORTAL WEBSITE (this "Site") OF HOLADOCTOR, A DIVISION OF HOLADOCTOR, INC. ("HOLADOCTOR") CAREFULLY. By using this Site, you agree to these Terms and Conditions. These Terms and Conditions constitute a legally binding agreement (this "Agreement") between you and HOLADOCTOR regarding your use of this Site and/or the services (the "Services") offered by HOLADOCTOR through this Site to translate and culturally adapt English language material into other languages. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms and Conditions at any time. We encourage you to review these Terms and Conditions upon each visit to this Site because any changes will be binding upon you. By using this Site after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to these Terms and Conditions, you should not use this Site and, if applicable, you should arrange to cancel your registered user account with us. By accessing or using this Site or Services, you therefore agree to be bound by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may not access or use this Site or the Services.

I. GENERAL USAGE CONDITIONS

1.1 This Site is a communications medium by which consumers can have access to and use the Services offered by HOLADOCTOR.

1.2 Prior to using the Services, you must properly complete the registration to open an account (the "Account") that is available on this Site. The Account is not transferable.

1.3 Account Holder Warranties

(a) As a registered holder of an Account (the "Account Holder"), you represent and warrant that you are at least 18 years of age and possess the legal authority to enter into this Agreement and to use this Site in accordance with all these Terms and Conditions. You agree to supervise and will be responsible for all usage of this Site under your Account, including any username and/or password associated with the Account. Any such use is deemed to constitute use by you and must comply with all these Terms and Conditions applicable to your use. You also represent and warrant that all information supplied by you is and will be true and accurate. You agree not to submit any speculative, false or fraudulent information. You agree that you will use the Services of this Site only for legitimate and lawful purposes. Where the Account Holder is a business entity, you represent and warrant that you have the authority to bind the entity to these Terms and Conditions and will indemnify HOLADOCTOR in the event the entity disputes your authority to so bind it.

(b) You represent and warrant that you own or are the owner or authorized licensee of the "Source Material" (as defined in Section 2.4 below) and all its components, and that reproduction, translation, adaptation, and transmission of the Source Material through this Site or the Services does not infringe upon any copyright, trademark, patent, trade secret, privacy or other right of any third party.

(c) By submitting any Source Material to this Site or using the Services, you represent and warrant that the owner of the Source Material has expressly granted to HOLADOCTOR the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, translate, modify, adapt, publish, transmit, create derivative works from, distribute, perform and display the Source Material in an electronic environment or any other medium now known or later developed to the extent necessary to perform the Services requested by you.

(d) By using this Site or the Services, you agree not to upload to, distribute, or otherwise publish through this Site, any Source Material that is harassing, abusive, threatening, libelous, defamatory, obscene, pornographic, profane, sexually explicit, or otherwise in violation of any law, including, without limitation, any criminal, trademark or copyright law. You agree not to upload Source Material (i) that encourages or promotes illegal activity, (ii) that discusses illegal activities with the intent to commit them, (iii) that may give rise to civil or criminal liability in any way, or (iv) that violates federal, state, or local laws. You agree not to upload materials intended to be used for the transmission of unsolicited e-mails (spam) or faxes. You agree not in any manner to impersonate anyone else or misrepresent your true identity.

(e) You represent and warrant at all times that the Source Material you upload to the HOLADOCTOR servers or this Site for the Services will be free from infection or viruses, worms, Trojan horses or other destructive code.

1.4 As an Account Holder, you must keep confidential and not send or disclose your username or password to anybody other than HOLADOCTOR. You may not store your username or password in any form in any location where either one is capable of being read by anybody other than yourself. You may not permit any other person, other than persons having your express permission and under your personal supervision, to use your username and password to access and use the Services. You accept and assume total responsibility for all aspects of use of the Services by all persons using your username and password.

1.5 HOLADOCTOR reserves the right, in its sole discretion, to refuse to provide the Services at any time.

1.6 By using this Site or the Services, you agree that HOLADOCTOR may suspend or deny further access to this Site or the Services for any reason whatsoever or for no reason at all, including, without limitation, breach of these Terms and Conditions.

1.7 Privacy Policy

(a) The process for registering as an Account Holder requires Account Holders to provide HOLADOCTOR with contact information for the Account Holder. HOLADOCTOR may also collect personally identifiable information at other times. HOLADOCTOR uses the personal data information for two general purposes: (i) to fulfill your requests for Services, and (ii) to contact you about special offerings and new products or services. You can choose to opt out of receiving non-essential communications from us. Please indicate this by going to the "Contact Us" page and write "Remove from e-mail list" into the subject line and send this e-mail. HOLADOCTOR may not distribute, rent, or re-sell the personal data provided by its Account Holders to third parties. However, HOLADOCTOR may send personally identifiable information to other persons or entities when (a) HOLADOCTOR has your consent to share such information, (b) HOLADOCTOR needs to share your information to provide Services you have requested, or (c) HOLADOCTOR needs to respond to a court order or is otherwise required to do so by law. If the Source Material contains any personally identifiable information about other persons, then you will obtain any required consents from such data subjects to permit such information to be disclosed to HOLADOCTOR and to permit HOLADOCTOR to use, disclose, transmit and export such information as required in order to perform the Services requested by you.

(b) HOLADOCTOR uses a feature of your Web browser called a "Cookie" to assign a unique identification to your computer. Cookies are files that your Web browser places on your computer's hard drive. HOLADOCTOR uses Cookies to store each Account Holder's preferences and other options that make re-ordering faster. The Cookies will not store an Account Holder's personal or sensitive information.

(c) HOLADOCTOR does not itself store any credit card information. Any credit card information collected is transmitted directly to HOLADOCTOR's credit card processor.

(d) An Account Holder has, at all times, the right to access and to review the personally identifiable data processed by HOLADOCTOR and may amend, rectify or remove such personally identifiable data by logging in and viewing your profile.

1.8 You agree to defend and indemnify HOLADOCTOR and its past and present officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") against all liability or costs incurred by the Indemnified Parties in connection with all actions, claims, suits, demands, liabilities, costs or expenses arising out of or in any way connected to any breach by you, or by any other person using your Account identification, of these Terms and Conditions, or otherwise arising from the use of this Site, the Services or the "Deliverables" (as defined in Section 3.2 below), including, without limitation, reasonable attorney fees. You agree to defend and indemnify HOLADOCTOR against all costs, expenses, liabilities, actions or fines arising out of, or in any way connected with, the materials, texts, documents, software or other items delivered to HOLADOCTOR under a specific translation request or its use by HOLADOCTOR to perform the Services requested by you but excluding any infringement of copyright arising from the fault of HOLADOCTOR. You agree to cooperate as fully as reasonably required in the defense of any claim. HOLADOCTOR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

II. SITE CONTENT AND INTELLECTUAL PROPERTY

2.1 All rights to the "Content" (as defined below in this Section) and the Services of this Site are exclusively reserved to HOLADOCTOR. You acknowledge that this Site may contain information, communications, software, photos, text, video, graphics, music, sounds, images, methodologies, innovations, know-how, databases and other material and services (the "Content") that are provided by HOLADOCTOR or by licensors of HOLADOCTOR. You agree and acknowledge that the Content and its use, and the use of this Site, are protected by copyright, trademark, and other intellectual property laws, that these rights are valid and protected in all media now existing or later developed, and that, except as specifically provided for in this Agreement, your use of the Content is governed and constrained by applicable copyright, trademark and other intellectual property laws.

2.2 This Site is protected by copyright as a collective work and/or compilation, pursuant to United States copyright laws, international conventions and other copyright laws. Except as set forth in this Agreement, you may not, in whole or in part, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms and Conditions), create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, or materials used in connection with this Site.

2.3 Copying or storing of the Content of this Site is expressly prohibited without prior written permission from HOLADOCTOR. Your use of the Services does not create a license or any other rights in HOLADOCTOR's trademarks, copyrights, patent rights, database rights, or sui generis rights, or any other intellectual property or proprietary rights.

2.4 All right, title, and interest in and to the material you provide to HOLADOCTOR or through this Site and/or in order for HOLADOCTOR to perform the Services (the "Source Material") and, except as herein provided, the Deliverables, and all patent rights, copyright, know-how, and trade secrets therein are and remain your sole and exclusive property. By submitting Source Material, you grant, or warrant that the intellectual property rights owner grants, to HOLADOCTOR a non-exclusive license to modify, adapt, translate, exhibit, publish, transmit, reproduce, create derivative works from, distribute, perform, display or otherwise use the Source Material in the course of performing the Services. This license terminates upon payment by you in full for the Services and the Deliverables requested from HOLADOCTOR.

III. SERVICES OFFERED ON SITE

3.1 This Site offers online translation and cultural adaptation services of English language material into other languages by professional human translators.

3.2 You can request a translation by uploading and submitting Source Material to this Site. The final translated version of such Source Material is referred to as the "Deliverables."

IV. TRANSLATION & CULTURAL ADAPTATION SERVICES

4.1 The Source Material may only be submitted in the format specified on this Site. When submitting Source Material, you may specify a requested completion date. HOLADOCTOR will make reasonable efforts to meet your requirements; however, late delivery does not entitle you to withhold payment for work done. HOLADOCTOR EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CLAIMS RESULTING FROM DELAYS IN THE SERVICE. All Source Material or other property supplied to HOLADOCTOR will be held and processed by HOLADOCTOR at your risk and HOLADOCTOR will not be responsible for the consequential loss of it or damage to it. You should retain copies of all submitted Source Material for your records.

4.2 Price Quotes

(a) When submitting Source Material, a quote will be given as an estimate of the price for the Service to be rendered. A quotation is based on a word count, graphic design charges, IT system charges, Desktop Publishing charges and others as listed in the quotation, based on the submitted Source Material.

(b) A quotation, once given by the HOLADOCTOR server software, may be accepted by you by clicking the "Confirm" button, provided that valid Account Holder information has been entered.

(c) An online quotation is binding unless you are notified otherwise within two business days of receipt of your order and the Source Material, provided that the credit card validation process succeeded and the bank confirmed the availability of the amount necessary to secure payment of the work at completion.

(d) HOLADOCTOR reserves the right to adjust pricing and/or delivery estimates upon receipt and evaluation of the final Source Material to be translated. You will be advised by HOLADOCTOR of the estimate of additional charges or change of delivery date prior to performing the translation. In the event of a material change in pricing and/or delivery estimates, HOLADOCTOR will provide you with the right to cancel your order.

(e) HOLADOCTOR reserves the right to refuse a request, at its discretion for any reason or no reason whatsoever, including, without limitations, reasons relating to the size, usability and/or subject matter of the Source Material.

(f) At the request of or by agreement with you, additional charges may be made for expenses incurred by HOLADOCTOR that are not included in your confirmation of the order acknowledgement or that HOLADOCTOR considers reasonably necessary for the completion of the work or any legitimate purpose associated with it.

(g) HOLADOCTOR expressly disclaims all liability for any claims arising or resulting from delays in or failure of delivery.

4.3 Binding Agreement

(a) Following submission of the Source Material and completion of the needed information by you online, HOLADOCTOR will provide you with an acknowledgement requesting confirmation of the order. No contract arises concerning a specific submission until such confirmation is given by you and received and accepted by HOLADOCTOR. Each order, when accepted, constitutes a separate agreement.

(b) If you for any reason request cancellation of a translation request that you have commissioned, charges will be payable for all completed work up to the effective date of the cancellation and for all other costs and expenses that HOLADOCTOR may incur as a result of such cancellation. Any request for cancellation must be made at least seven days prior to the effective date of cancellation unless otherwise agreed by HOLADOCTOR.

4.4 Nature of Translation and Cultural Adaptation

(a) A translation and cultural adaptation reflects the quality of the original written material. Where concepts are poorly expressed in the Source Material, where the wrong choice of language has been made, where typographical mistakes are present, or where the text is incomplete or factually incorrect, the same inadequacies will appear in the translation.

(b) You agree that a translation is of such complexity that it might have inherent differences, and you accept that a perfect translation of a word or sentence might be impossible. HOLADOCTOR will translate specialized terms by their usual and conventional meanings and otherwise make decisions based on HOLADOCTOR standard translation or editing procedures. Technical considerations may dictate variations between original and translated/edited documents. Unless you provide glossaries or specify terminology, HOLADOCTOR will use its judgment in the selection of terminology in a given field.

4.5 All modifications or additions to the Source Material must be submitted to HOLADOCTOR clearly indicating changes and where they occur in relation to the previously submitted copy. Pricing and scheduling for incorporation of Source Material modifications or additions into the target language translation(s) in progress will be determined based on extent and implication of changes and percentage of work already completed. You will be advised by HOLADOCTOR of the estimate of additional charges before the changes or additions are made by HOLADOCTOR.

4.6 Result of Translation - Deliverables

(a) Upon completion of the translation, you will receive an e-mail notification of the result, enclosing a link to download the Deliverables from the online Services page. HOLADOCTOR IS NOT RESPONSIBLE FOR THE DELIVERY FAILURE OF THIS E-MAIL NOTIFICATION, INCLUDING, WITHOUT LIMITATION, FAILURE CAUSED BY E-MAIL ROUTING SYSTEMS, YOUR E-MAIL SYSTEM, ATTACHMENT SIZE LIMITS, AND/OR E-MAIL GATEWAY PROTOCOL SETTINGS.

(b) HOLADOCTOR will use reasonable efforts to deliver the Deliverables in the same file format as the Source Material. HOLADOCTOR will seek the closest match practical between the appearance of the original and that of the finished product. Unless specified otherwise, HOLADOCTOR does not guarantee that the format, fonts, typefaces, point sizes, text density, artwork, colors and other elements of the text and the original file will be identical. Translated and edited documents are sometimes shorter or longer than the original, and other technical considerations may result in the appearance being different from that of the original. If circumstances impede such service, the Deliverables will be sent in a TXT (ASCII) text format.

© HOLADOCTOR will use reasonable efforts to ensure that each Deliverable is scanned for viruses using a commercially available virus scanning software program before it is delivered. However, HOLADOCTOR DECLINES ANY RESPONSIBILITY FOR ANY DAMAGE CAUSED BY A DELIVERABLE DOWNLOADED BY YOU (VIA E-MAIL OR VIA YOUR "MY ACCOUNT HISTORY" PAGE). It is the Account Holder's responsibility to check for the presence of viruses in all Deliverables received.

(d) HOLADOCTOR reserves the right to destroy or otherwise dispose of any document or other property belonging to you that has been in HOLADOCTOR's custody for more than three months following completion of the work to which it relates.

(e) HOLADOCTOR will use reasonable efforts to complete and deliver the Deliverables to you within a commercially reasonable time frame, provided you have a corporate billing account or credit card validation process succeeded and the bank confirmed the availability of the amount necessary to secure payment of the work. HOWEVER, HOLADOCTOR IS NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ALL LIABILITY ARISING OR RESULTING FROM FAILURE TO COMPLETE OR DELIVER A TRANSLATION OR EDITING JOB TO YOU ON ANY CERTAIN DATE OR AT ANY CERTAIN TIME.

(f) HOLADOCTOR will use reasonable efforts to provide the Services in accordance with industry standards. Should you select the "Priority Delivery" feature and the completion of work is necessary sooner than the normal time required for its proper production, HOLADOCTOR reserves the right to charge supplementary urgency rates. Should any other additional costs be incurred, HOLADOCTOR reserves the right to charge for those as well. HOLADOCTOR will confirm these with you prior to proceeding.

(g) HOLADOCTOR will correct the following errors free of charge: reasonable quantities of omissions, typos, and grammatical mistakes. You agree that HOLADOCTOR has no obligation regarding errors in translations or editing unless HOLADOCTOR receives written notification specifying the errors within seven days following delivery of the Deliverables to you. HOLADOCTOR'S sole obligation and your exclusive remedy with respect to errors is the obligation to correct the Deliverables at no cost to you. HOLADOCTOR EXPRESSLY DISCLAIMS ALL OTHER OBLIGATIONS OR LIABILITY FOR ERRORS IN TRANSLATION.

4.7 Payment Terms

(a) Payment can only be made by a valid credit card or via a pre-approved customer account. HOLADOCTOR currently accepts MasterCard and Visa. The payment functionality is handled by VeriSign™ PayflowSM Pro. You authorize HOLADOCTOR to process a charge on your credit card for the fees quoted in respect of the Services and any additional fees you authorize. The maximum encryption strength supported by your browser is used for the transfer of all information submitted in your profile, translation request details, file uploads and downloads and payment information. The encryption strength used is 128-bit, depending on the level supported by your browser. If HOLADOCTOR is unable to collect its fees for the Services using the credit card information submitted, you agree to immediately pay such fees to HOLADOCTOR upon completion of the Services and that any overdue amount will bear interest at the rate which is the lesser of (a) 1.5% per month or (b) the maximum rate permitted by law. If HOLADOCTOR is unable to collect its fees for the Services (a) HOLADOCTOR may suspend or discontinue the Services and/or (b) HOLADOCTOR may withhold the delivery of any Deliverables.

(b) Where non-validation occurs, HOLADOCTOR will contact the Account Holder for order confirmation and payment details prior to the translation process. HOLADOCTOR has the right to take legal action against the Account Holder in respect of any use of a fraudulent credit card number on this Site.

© The minimal order charge of $30.00 will be applied to the credit card. Your credit card will be charged upon delivery of the Deliverables to you when you are notified by e-mail that your job is ready for pickup.

4.8 Term and Termination

(a) If you materially breach this Agreement, HOLADOCTOR has the right to terminate it immediately or any time thereafter, whereupon you must pay the full price provided under it for the Services completed and for all work in progress, as well as all other costs and expenses incurred as a result of your breach. If HOLADOCTOR materially breaches this Agreement, you have the right to terminate this Agreement, whereupon HOLADOCTOR must return to you all Source Material and data supplied by you, together with all translated work that exists as of the date of termination. Notwithstanding the foregoing, neither party may terminate this Agreement based on a material breach by the other party (with the exception of payment obligations) without first providing the other party with written notice of the breach and a period of ten days to cure the breach. Neither party is deemed to be in breach or default of any provision of this Agreement by reason of a delay, or of a failure in performance due to any causes beyond its control.

(b) If this Agreement is terminated for any reason, HOLADOCTOR is entitled to a full payment for the work already completed at the time of the termination, as well as all other costs and expenses incurred with respect to your translation request.

4.9 Confidentiality

(a) HOLADOCTOR will treat all Source Material supplied by you as confidential.

(b) Absent your prior consent, HOLADOCTOR may not divulge or otherwise disclose Source Material to any person other than authorized translators, editors or authorized subcontractors of HOLADOCTOR who are contractually required to keep such information confidential. The provisions of this paragraph do not apply to the extent HOLADOCTOR is required by law to divulge such information or to the extent such information is or becomes a matter of public knowledge other than by disclosure by HOLADOCTOR.

© HOLADOCTOR will dispatch the Deliverables to you personally by means of download from the Site. You assume all risks involved in delivery of all Deliverables.

V. DISCLAIMERS APPLICABLE TO ALL SERVICES, DELIVERABLES AND USE OF SITE

5.1 THIS SITE, THE SERVICES, THE DELIVERABLES AND ANY OTHER MATERIALS PROVIDED BY HOLADOCTOR OR THIRD PARTIES THROUGH THIS SITE, OR AS A RESULT OF THE SERVICES, ARE PROVIDED ON AN "AS IS" BASIS. HOLADOCTOR MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS, CONDITIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO MERCHANTABILITY, MERCHANTABILE QUALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGMENT OF THIS SITE, THE SERVICES OR THE DELIVERABLES, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, TIMELINESS OR USEFULNESS OF ANY OF THE CONTENT, MATERIALS, TRANSLATIONS OR SERVICES PROVIDED THROUGH THIS SITE. HOLADOCTOR ALSO EXPRESSLY DISCLAIMS THE APPLICATION OF ANY PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS (ALSO COMMONLY REFERRED TO AS THE VIENNA CONVENTION) AND ANY LAWS INTENDED TO INCORPORATE THE PROVISIONS OF THAT CONVENTION INTO LOCAL LAWS.

5.2 HOLADOCTOR IS NOT RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGE, OR ANY LOSS INCURRED (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES OR LOSS OF DATA) IN CONNECTION WITH YOUR USE OF THIS SITE, THE SERVICES OR THE DELIVERABLES PROVIDED BY HOLADOCTOR (OR THIRD PARTIES ON BEHALF OF HOLADOCTOR), OR ANY DAMAGE OR LOSS DUE TO INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, OR DELAYS IN PERFORMANCE, REGARDLESS OF THE CLAIM AS TO THE NATURE OF THE CAUSE OF ACTION, EVEN IF HOLADOCTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE EXCLUSIONS OF, AND LIMITATIONS ON, LIABILITY CONTAINED IN THESE TERMS AND CONDITIONS APPLY REGARDLESS OF THE NATURE OR SOURCE OF THE LOSS OR DAMAGE, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE.

5.3 HOLADOCTOR MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE, EXPRESS OR IMPLIED, ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, AVAILABILITY, ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DOCUMENT TRANSLATION. YOUR CHOICE TO RELY UPON HOLADOCTOR'S TRANSLATIONS OR THE SERVICES IS AT YOUR OWN RISK.

5.4 In no event may the total aggregate liability of HOLADOCTOR to anyone (including the Account Holder) relating to this Site, the Services, and the Deliverables or otherwise arising from these Terms and Conditions exceed the amount paid by you and received by HOLADOCTOR in consideration of a specific translation request. You agree to indemnify HOLADOCTOR against all cumulative liability to anyone (including the Account Holder) that exceeds such limitation.

VI. DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE POLICY

It is HOLADOCTOR's policy to promptly respond to claims of copyright infringement. If you believe that an infringing copyrighted work is accessible on this Site, you may notify our registered copyright agent by sending the following information to the address listed below:

  1. The signature of a person authorized to act on behalf of the owner of the copyright. This signature can be physical or electronic.
  2. A statement that this person is authorized to act on behalf of the copyright owner.
  3. A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the owner's agent, or by law.
  4. A description of the copyrighted work that you claim has been infringed.
  5. A description of where the material that you claim is infringing is located on this Site.
  6. Your address, telephone number, and e-mail address. We ask that you place the term "Notice of Infringement" in the subject line of all such notifications, and send the notification to: info@holadoctor.net. We will process and investigate all notices of alleged infringement as required by the Digital Millennium Copyright Act ("DMCA"), and will, in accordance with the requirements of the DMCA, remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity. When we remove or disable access to any material claimed to be infringing, we may attempt to contact the user who posted such material in order to give that user an opportunity to respond to the notification. If the user posting the material gives a counter-notification claiming that the use is authorized, we will furnish that counter-notification to the complaining party, and will give the complaining party an opportunity to seek judicial relief under the DMCA before we replace or restore access to any materials.

VII. GENERAL

7.1 Framing this Site with links, advertisements and/or other information not originating from this Site is expressly prohibited.

7.2 Account Holders may use the feedback form to report feedback concerning any translation request or the Services in general.

7.3 Neither party is liable for failure in the performance of any of its obligations under this Agreement if such failure is caused by circumstances beyond the control of the party affected.

7.4 The Account Holder who contracts with HOLADOCTOR via e-mail, or more generally via a computer network, or any other similar means of communication, acknowledges that these means of communication possess, notably in terms of evidentiary force, the same validity as that conferred by a writing in a hard copy. The Account Holder agrees not to challenge the enforceability of any contract made with HOLADOCTOR by reason that the contract was made using e-mail, a click-through process or through other electronic means.

7.5 The obligations of the parties under this Agreement that by their nature would continue beyond its termination or cancellation survive such termination or cancellation.

7.6 If any part of this Agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

7.7 The failure of either party to insist, in any one or more instances, upon the performance of any of the provisions of this Agreement, or to exercise any right under it, may not be construed as a waiver of the future performance of any such term or the future exercise of such right.

7.8 HOLADOCTOR may subcontract any or all of the translation or editing work to be performed by it subject to the exclusive remedies and limitations of liability set forth in these Terms and Conditions, and HOLADOCTOR retains responsibility for the work that is subcontracting.

7.9 HOLADOCTOR reserves the right to change these Terms and Conditions at any time. Such modifications are effective immediately upon posting. You agree to review these Terms and Conditions periodically to be aware of such modifications, and your continued access or use of this Site or Services is deemed to be Your acceptance of the modified agreement. Except for any revised versions of these Terms and Conditions that are posted on this Site, any other modification or amendment of these Terms and Conditions is not enforceable against HOLADOCTOR unless evidenced by a signed writing executed by HOLADOCTOR.

7.10 This Agreement is governed by the laws of the State of Georgia, United States of America. You submit to the exclusive jurisdiction of the courts having jurisdiction in Georgia and agree to bring any action relating to this Site, the Services, the Deliverables or otherwise arising from this Agreement exclusively in those courts and in a venue of Fulton County, Georgia. Use of this Site or the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including, without limitation, this Section.

7.11 You consent to HOLADOCTOR listing you as a customer on this Site.

7.12 The parties confirm their express wish that this Agreement and all documents relating to it be drawn up in English only. If any non-English translation is provided of these Terms and Conditions, such translation is deemed provided for convenience purposes only, and the relationship between the parties must be interpreted and enforced in accordance with the English language version of these Terms and Conditions.

7.13 This Agreement is the entire agreement with respect to its subject matter and supersedes all prior or other proposals, understandings, agreements or other communications between the parties, whether oral or written, including but not limited to any material posted on this Site.