REAL JOURNAL REVIEW (RJR) TERMS OF USE AGREEMENT AND PRIVACY POLICY
The website Real Journal Review also known as, and referred to herein for the sake of brevity variously as “Real Journal Review,” “RJR,” “the site”, “the RJR site,” “this site,” “this website,” “the RJR website,” or “this RJR website,” is owned and administered by Gold Palms, Inc., a Florida corporation. This website welcomes scholars from across the United States and all over the world to partake of the unique and much-needed scholarly manuscript review services it provides. For more details about those services, please visit the “FAQ” page of this website.
If you are accessing this site from a country other than the United States, or even if you are accessing it from certain states within the United States, your rights under the RJR Terms of Use Agreement and Privacy Policy may differ from the rights granted under applicable local law in your primary place of residence. In all such cases, should the terms presented herein conflict with those locally granted rights, you agree that the rights granted under this website’s Terms of Use Agreement and Privacy Policy shall prevail and be controlling to the fullest extent of applicable law under the laws of both the United States of America and of the State of Florida.
In using this website, you agree that a legal contract is in effect between you and Gold Palms, Inc. (GPI), the owner and administrator of this Real Journal Review website, that has a mailing address at 8927 Hypoluxo Road, #224, Lake Worth, FL 33467. Please read these terms of use before using the site because by using the site you agree to be bound by all of the following terms and conditions, including but not limited to our privacy policy. Do not use the site if you do not agree to all of the terms and conditions listed herein. GPI may unilaterally terminate the contract permitting your use of this site if you fail to agree and abide by the terms governing its use. You understand and agree that from time to time, as a result of the enactment of applicable law, or solely at the discretion of GPI, the published terms of use of this site may change or be supplemented, and that any such revision, change, or supplementation shall prevail over the original wording of the term(s). No one affiliated in any manner with this Real Journal Review website or GPI is authorized to in any way change, amend, revise, or supplement these terms orally. Any changes will be made in writing on this website by an authorized representative of GPI.
Now, in consideration of the use of this website, you agree as follows:
- 1. THE SERVICE PROVIDED
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This website is for your personal, academic, non-commercial use. Material presented on this site is for informational purposes only. As stated in greater detail below, clients may use this site as a means for obtaining an anonymous, advance opinion regarding the acceptability or “publishability” of a manuscript that they intend to submit to an academic, peer-reviewed journal. After uploading a manuscript and paying for its evaluation, clients receive such “publishability” feedback in a timely fashion from an anonymous reviewer who currently sits on, or who formerly sat on, the editorial board of a journal that covers the same academic discipline as the subject of the manuscript. We note, with emphasis, that this website does not make, and cannot make, any guarantees as to whether the client’s manuscript will be published, and that this remains true regardless of how faithfully a client makes (or fails to make) any modifications that may or may not be suggested by the RJR reviewer. The service provided is limited to the provision of an opinion consisting of informational feedback regarding the publishability of a manuscript, and possible directions for improving same through informed feedback and suggestions. Such feedback and suggestions may or may not be acted on at the sole discretion and direction of the client, and to that client’s benefit or detriment. There is no minimum or maximum length of the feedback provided, and the length and breadth of the feedback provided may vary as a function of variables such as the length and nature of the manuscript evaluated, and the personal discretion of the reviewer.
- 2. RESPONSIBLE USE OF THIS SITE
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The entire RJR website, including the RJR logo, is copyrighted 2020 by Gold Palms, Inc. You are permitted to re-post videos and other material from the site on Facebook and other such social media sites. Whether or not you do this, you understand and agree that any video or other material copied from the site may not be altered, and that GPI remains the sole owner of all rights in and to said materials. You do not have any rights in and to said materials, and you may neither represent, in any way, that you own rights to such property, nor in any way convey, or attempt to convey to others, any such rights. Transfer of title to videos, other materials, or any intellectual property owned by GPI may only be made by a writing executed by GPI and the party or parties involved. Your use of any GPI property must be responsible and reasonable and you unconditionally agree to indemnify GPI against any loss GPI suffers or reasonably might suffer, including but not limited to reasonable legal fees and court costs, resulting from your use of this RJR website or other GPI property. You agree to make your best effort to keep this site free of computer viruses or any other such harmful entities that would constitute a nuisance or a danger to others, and/or would restrict the free and full use of this site by others. You agree not to attempt to gain unauthorized access to RJR or GPI data, and you agree not to attempt in any manner to control or alter the functionality of this website.
- 3. NOTICE REGARDING MOBILE SERVICES
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Access to this website through a mobile network may incur network or roaming or other fees. GPI assumes no liability if uploading or downloading of materials on this site, or any other use of this site, is prohibited or in any way restricted by your network provider.
- 4. NOTICE REGARDING THIRD-PARTY SERVICES
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This RJR website may, from time to time, integrate, be integrated into, or be provided in connection with third-party services and content. It is understood and agreed that GPI does not control such third-party services and content. More information about the terms of use agreements and privacy policies that apply to such third-party services and content may be obtained from such third-parties, and not from this website or GPI.
- 5. LIMITATION OF RJR LIABILITY
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Clients typically submit to RJR manuscripts that they seek to have published in a scholarly, peer-reviewed journal. RJR provides its clients with an opinion as to the merits of the manuscript with regard to being published in such outlets. Such feedback and opinions, although anonymous, come from a scholar who is either currently serving, or has previously served, on the editorial board of an academic journal in the applicable discipline in which the client seeks publication. As part of the review, the reviewer may provide suggestions to the client as to how the client may improve the manuscript. It is expressly noted that RJR does not provide copyediting services, proofreading services, or English language improvement services of any kind. It is also expressly noted that neither the RJR website nor GPI is a guarantor that a client’s work will be published in any journal, even if all of the reviewer’s suggestions for improvement are dutifully made to the manuscript by the client prior to the manuscript’s submission to a peer-reviewed journal. Use of this website is provided “as is” and “as available” and GPI shall not be liable to you for any consequential damages resulting from delay or failure in performance resulting from discretionary causes or causes beyond our reasonable control, or as a result of the introduction by malicious or malevolent others of a computer virus or similar harmful component into this site. Under no circumstances shall our total liability to you for all damages and causes of action exceed one U.S. dollar ($1.00 US). These disclaimers do not affect your rights as a consumer.
- 6. USER-GENERATED CONTENT
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This RJR website is not interactive to the extent that it does not publish user-generated content.
- 7. UNSOLICITED CREATIVE IDEAS AND MATERIALS
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This website neither accepts nor considers unsolicited creative ideas, suggestions or material. With regard to any such submissions, you understand and agree that such creative ideas and suggestions are not being made or received in confidence or trust, and that no confidential or fiduciary relationship is intended or created between you and RJR or GPI in any way, and that if you elect to attempt to submit an unsolicited creative idea you do so with no expectation of feedback, review, compensation or any consideration of any kind.
- 8. PRIVACY POLICY FOR THE RJR WEBSITE
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The RJR privacy policy describes the treatment of information provided or collected on this site. This privacy policy was formulated in accordance with local Florida law. Your rights may differ as a result of laws in the location of your primary residence.
A) MANUSCRIPTS UPLOADED FOR REVIEW
All reasonable efforts are made to maintain the confidentiality of manuscripts uploaded for review. The content of these manuscripts is seen only by RJR staff and by RJR reviewers and prospective reviewers. All reasonable efforts are made to ensure that uploaded manuscripts are neither shared nor accessed by anyone other than RJR staff or contractors who have a legitimate interest in seeing the content of the manuscript. Also, please note that while clients are encouraged to upload “blinded” manuscripts (that is, manuscripts stripped of author-identifying information), all uploaded manuscripts are reviewed “as is” (that is, as uploaded, and are not altered or “blinded” by RJR staff). We retain for our electronic records both copies of all uploaded manuscripts and copies of RJR reviews and do not and will not share such data with any other party unless required to so by internal, administrative necessity, or by applicable law. Similarly, the names of RJR reviewers are protected and maintained private.
B) WE COLLECT AND USE OTHER INFORMATION FROM THIS SITE
We collect both personal information (name, e-mail, etc.) and anonymous information (such as “number of site visitors” or other information that is not unique to an individual site visitor). The information is collected when you contact us as a client or contact us with a question or comment. Information may also be collected through technology such as cookies, flash cookies and web beacons, and through other trusted sources to update or supplement the information you provided or that was collected automatically. In some cases, local law may have required that you authorized the third party to share your information with us before RJR could acquire it.
Unless prohibited under applicable law, this website as a data controller, may use your information for varied purposes, including but not limited to, a) providing you with the products and services you request; b) communicating with you about your queries and sending you information about features on our site or changes to our policies; c) sending you offers and promotions for products and services or third-party products and services; d) personalizing the content you receive; and e) detecting, preventing, and investigating activities that may violate RJR policies or be illegal.
You understand and agree that any information collected by this website (other than uploaded papers which are treated as private and confidential) may, for any reason under applicable law, be shared with RJR-selected, third-party companies so that these companies can send you offers and promotions about their products and services. Once any personal information is shared with another company, the information received by the other company becomes subject to the other company’s privacy practices and this website shall have no liability for the use or storage of such information by third-party companies. You may correct, update and delete any personal information provided; or, you may unsubscribe. Applicable law may give you additional choices. Also by visiting the Digital Advertising Alliance, you may be able to limit targeted advertising from many ad networks, data exchanges, marketing analytics and other such service providers.
C) DATA SECURITY
This website has taken reasonable precautions to protect the security, integrity and confidentiality of any information collected on this site, and reasonable safeguards are in place to protect such information from unauthorized access, disclosure, use and modification. However, users of this site understand and agree that neither this website, nor GPI as its owner and administrator, should not, cannot, and will not be held liable, under any circumstances, for a data breach or any unauthorized access to or manipulation of data that is, for whatever reason, beyond the control of this website or its authorized agents, including but not limited to third parties who operate or maintain this site or provide security services for it, as well as services such as PayPal that supply payment methods. Please note that any payment information is retained only for the length of time needed to fulfill the purposes outlined in this privacy policy unless a longer retention period is required or permitted by applicable law.
D) CHANGE IN PRIVACY POLICY OR OTHER POLICIES
Users of this site understand and agree that Real Journal Review may, from time to time, change this privacy policy to accommodate new technologies, industry practices, regulatory requirements or for any other reasonable purpose. In the event of such changes, notice will be provided to you, and if required by applicable law, Real Journal Review will obtain your consent to make the changes.
E) LINKS TO THIRD-PARTY SITES
Our site may contain links to other sites that are neither owned nor controlled by Real Journal Review, including but not limited to sponsors or advertisers, and our site visitors are strongly encouraged to acquaint themselves with the privacy policy and other policies in force at such third-party sites.
F) CHILDREN’S PRIVACY
We recognize the need for enhanced or special privacy protections with respect to the personal information that may be collected from children, but neither our site content, nor any feature on the site is age-gated. We do not knowingly collect personal information from children in connection with any content or element of this site and realistically, minors do not have any incentive to use the services provided by RJR.
G) QUESTIONS & COMMENTS
Questions and comments about this RJR website may be addressed to: goldpalmsinc@aol.com - 9. BINDING ARBITRATION AND CLASS ACTION WAIVER
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You and GPI as owner of RJR agree to arbitrate all disputes between you and this website and/or its affiliates and agents. “Dispute” includes any dispute, action or other controversy between you and us concerning these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and GPI empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or GPI must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to the Gold Palms, Inc., 8927 Hypoluxo Road, #224, Lake Worth, FL 33467, Attention: Legal/Arbitration Notice. GPI will send any notice of dispute to you at the contact information we have for you. You and GPI will attempt to resolve a dispute through informal negotiation within ninety (90) days from the date the notice of dispute is sent. After ninety (90) days, you or GPI may commence arbitration. If you and GPI do not resolve a dispute by informal negotiation, the dispute shall be settled by binding arbitration in Palm Beach County, Florida (USA) before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Should the arbitrator find the arbitration was initiated by you frivolously, or brought for an improper purpose, you agree to pay all filing, AAA, arbitrator’s fees and expenses, and all GPI’s reasonable legal expenses. Neither you nor GPI will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
You agree that any action at law or in equity arising out of, or relating to these terms, or relating to the services provided by this website, that is not as a matter of law subject to arbitration shall be filed only in the state or federal courts located in the county of Palm Beach in the state of Florida in the United States of America, and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action. - 10. SEVERABILITY
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If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
- 11. SURVIVAL
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The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
- 12. WAIVER
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No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.