This
is the user agreement (the "Agreement" or "User
Agreement") for writing4profits.com.
Write Consultants, Inc. provides its service to you, subject to the
following Terms of Service ("TOS"), which may be updated by Write
Consultants, Inc. from time to time without notice to you.
This Agreement
describes the terms and conditions applicable to your use
of our products and services. If you do not agree to be bound
by the terms and conditions of this Agreement, you are not
permitted to access our website, resources, or services.
You must read, agree with and accept all of the terms and conditions
contained in this User Agreement and the Privacy Policy, which include
those terms and conditions expressly set out below and those
incorporated by reference, before you may access our site,
writing4profits.com. By viewing, visiting, using or interacting with
this website or with any banner, advertising or popup that appears on
it, you are agreeing to all the provisions of this terms of use policy
and the privacy policy of this website.
Copyrighted Materials:
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are Write Consultants, Inc.,
its affiliates or other third party licensors. You may not modify,
copy, reproduce, republish, upload, post, transmit or distribute, in
any manner, the material on the site, including texts, graphics, code,
content and software. You may print and download portions of material
from the different areas of the Site solely for your own non-commercial
use provided that you agree not to change or delete any copyright or
proprietary notices from the materials. You agree to grant to Write Consultants, Inc. a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to Write Consultants, Inc. by all
means and in any media now known or hereafter developed. You also
grant to Write Consultants, Inc. the right to use your name in connection with
the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material
related thereto. You agree that you shall have no recourse againstWrite Consultants, Inc. for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to Write Consultants, Inc..
Trademarks:
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of Write Consultants, Inc.. Other product and company names
mentioned in the Site may be the trademarks of their respective
owners. Google
and Google AdSense are trademarks of Google, Inc. and neither are associated
nor affiliated with Write Consultants, Inc. in
any way.
Website Ownership:
The
website and its contents are owned or licensed by the website. Material
contained on the website must be presumed to be proprietary and
copyrighted. Visitors have no rights whatsoever in the site content.
Use of website content for any reason is unlawful unless it is done
with express contract or permission of the website.
Licensing
Restrictions:
Users agree to abide by any and all licensing rules or restrictions that
have been created by the owners of the works contained within the writing4profits.com
website.
Minimum
Age:
Services are available only to individuals who can form legally binding contracts
under applicable law. Without limiting the foregoing, our services are not
available to minors. You must be AT LEAST 18 years old to access the writing4profits.com
website, resources, and services.
All persons under the age of 18 are denied access to this website. If
you are under 18 years of age, it is unlawful for you to visit, read or
interact with this website its services and contentes in any manner.
This website specifically denies access to any individual that is
covered by the The Children's Online Privacy Protection Act (COPA) of
1998. We do not direct this website to minors, nor do we knowingly collect any personal
information from children under the age of thirteen.
Liability:
In no event shall Write Consultants, Inc. be liable for any punitive, special,
direct, indirect, incidental, or consequential damages, whether arising under
contract, warranty, or tort (including negligence or strict liability) or
any other theory of liability. Applicable law may not allow the limitation
or exclusion of liability or incidental or consequential damages, so the
above limitation or exclusion may not apply to you. Our liability for damages,
regardless of the form of the action, shall not exceed the fee paid for the
service. We cannot be held responsible for factors beyond our control that
may interfere with our ability to provide access to our website. Such factors
include, but are not limited to server downtime, password/verification problems,
or network outages beyond our servers. Write Consultants, Inc. does not
warrant that the functions contained in the materials, resources or services
offered will be uninterrupted or error-free, that defects will be corrected,
or that this site are free of viruses or other harmful elements. In no event
will Write Consultants, Inc. be liable to any party for any direct, indirect,
punitive, special, incidental or other consequential damages arising directly
or indirectly from any use of the products or resources contained within
the writing4profits.com website. All products and resources are provided "as
is" and without warranties.
These include (but are not limted to) damages or injury caused by any:
- use
of (or inability to use) the site
- use
of (or inability to use) any site to which you hyperlink
from our site
- failure
of our site to perform in the manner you expected or
desired
- error
on our site
- omission
on our site
- interruption
of availability of our site
- defect
on our site
- delay
in operation or transmission of our site
- computer
virus or line failure
Please note that we are not liable for any damages,
including:
Damages intended to compensate someone directly for a loss or injury damages
reasonably expected to result from a loss or injury (known in legal terms as "consequential
damages.")
Other
miscellaneous damages and expenses resulting directly from
a loss or injury (known in legal terms as "incidential
damages.") We are not liable even if we’ve been
negligent or if our authorized representative has been advised
of the possibility of such damages or both.
Exception:
Certain state laws may not allow us to limit or exclude liability
for these "incidental" or "consequential" damages.
if you live in one of those states, the above limitation
obviously would not apply which would mean that you might
have the right to recover these types of damages.
However,
in any event, our liability to you for all losses, damages,
injuries, and claims of any and every kind (whether the damages
are claimed under the terms of a contract, or claimed to
be caused by negligence or other wrongful conduct, or they’re
claimed under any other legal theory) will not be greater
than the amount you paid if anything to access our site.
Indemnification:
You agree to indemnify, defend and hold harmless Write Consultants, Inc., its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
the Service.
Use of Site and/or Service:
You understand that, except for information, products or services
clearly identified as being supplied by Write Consultants, Inc., Write Consultants, Inc. does not operate, control or endorse any information, products or
services on the Internet in any way. Except for Write Consultants, Inc. -
identified information, products or services, all information,
products and services offered through the Site or on the Internet
generally are offered by third parties, that are not affiliated with Write Consultants, Inc. a. You also understand that Write Consultants, Inc. cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the site and the internet. Write Consultants, Inc.
provides the site and related information "as is" and does not make any
express or implied warranties, representations or endorsements
whatsoever (including without limitation warranties of title or no
infringement, or the implied warranties of merchantability or fitness
for a particular purpose) with regard to the service, any merchandise
information or service provided through the service or on the internet
generally, and Write Consultants, Inc. shall not
be liable for any cost or damage arising either directly or indirectly
from any such transaction. It is solely your responsibility to evaluate
the accuracy, completeness and usefulness of all opinions, advice,
services, merchandise and other information provided through the
service or on the internet generally. Write Consultants, Inc. does not warrant that the service will be uninterrupted or error-free or that defects in the service will be corrected.
You
understand further that the pure nature of the internet contains
unedited materials some of which are sexually explicit or may be
offensive to you. Your access to such materials is at your own risk. Write Consultants, Inc. has no control over and accepts no responsibility whatsoever for such materials.
Contents of Site:
The
website disclaims any responsibility for the accuracy of the content of
this website. Visitors assume the all risk of viewing, reading, using,
or relying upon this information. Unless you have otherwise formed an
express contract to the contrary with the website, you have no right to
rely on any information contained herein as accurate. The website makes
no such warranty. Visitor downloads information from this site at this
own risk. Website makes no warranty that downloads are free of
corrupting computer codes, including, but not limited to, viruses and
worms.
Use of Information:
Unless
you have entered into an express written contract with this website to
the contrary, visitors, viewers, subscribers, members, affiliates, or
customers have no right to use this information in a commercial or
public setting; they have no right to broadcast it, copy it, save it,
print it, sell it, or publish any portions of the content of this
website. By viewing the contents of this website you agree this
condition of viewing and you acknowledge that any unauthorized use is
unlawful and may subject you to civil or criminal penalties. Again,
Visitor has no rights whatsoever to use the content of, or portions
thereof, including its databases, invisible pages, linked pages,
underlying code, or other intellectual property the site may contain,
for any reason for any use whatsoever. Visitor warrants that he or she
understands that accepting this provision is a condition of viewing and
that viewing constitutes acceptance.
Submitting
Your Online Material to Us:
Visitor agrees as a condition of viewing, that any communication
between Visitor and Website is deemed a submission. All remarks,
suggestions, ideas, graphics, comments, or other information that you
send to Write Consultants, Inc. through our site (other than information
we promise to protect under our privacy policy becomes and remains our property,
even if this agreement is later terminated. That means that we don’t
have to treat any such submission as confidential. You can’t sue us for
using ideas you submit. If we use them, or anything like them, we don’t
have to pay you or anyone else for them. We will have the exclusive ownership
of all present and future rights to submissions of any kind. We can use them
for any purpose we deem appropriate to our Write Consultants, Inc.
mission, without compensating you or anyone else for them. You
acknowledge that you are responsible for any submission you make. This
means that you have full responsibility for the message, including its
legality, reliability, appropriateness, originality, and copyright.
Visitor agrees to only communicate that information to the Website,
which it wishes to forever allow the Website to use in any manner as it
sees fit. Submissions is also a provision of the Privacy Policy.
Disputes:
As
part of the consideration that the Website requires for viewing, using
or interacting with this website, visitor agrees to use binding
arbitration for any claim, dispute, or controversy ("CLAIM") of any
kind (whether in contract, tort or otherwise) arising out of or
relating to this purchase, this product, including solicitation issues,
privacy issues, and terms of use issues.
You
and we agree that any and all disputes arising out of or related to
this Agreement shall be decided by binding arbitration pursuant to the
Commercial Arbitration Rules of the American Arbitration Association
which are in effect on the date a dispute is submitted to the American
Arbitration Association.
Information about the American Arbitration Association, its rules, and
its forms are available from the American Arbitration Association, 335
Madison Avenue, Floor 10, New York, New York, 10017-4605 or at
http://www.adr.org. Hearing will take place in the city or county of
the Seller.
In
no case shall the viewer, visitor, member, subscriber or customer have
the right to go to court or have a jury trial. Viewer, visitor, member,
subscriber or customer will not have the right to engage in pre-trial
discovery except as provided in the rules; you will not have the right
to participate as a representative or member of any class of claimants
pertaining to any claim subject to arbitration; the arbitrator's
decision will be final and binding with limited rights of appeal.
You represent and agree that you are purchasing our services or products for
business purposes, and not for any consumer, personal, or household use, and
that you are not deemed to be a 'consumer' and will not invoke arbitration rules
applicable to consumers.
The
prevailing party shall be reimbursed by the other party for any and all
costs associated with the dispute arbitration, including attorney fees,
collection fees, investigation fees, travel expenses.
You agree that the arbitrator can enter a default judgment against you if you do
not follow AAA rules, and that default judgment can be entered and enforced in
any court of competent jurisdiction and in the courts of the State of Nevada.
Notice:
No
additional notice of any kind for any reason is due Visitor and Visitor
expressly warrants an understanding that the right to notice is waived
as a condition for permission to view or interact with the website.
Third Party Rights:
The provisions of paragraphs "Use of the Service", and "Indemnification" are for the benefit of Write Consultants, Inc. and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
Termination
of This Agreement:
These Terms of Use are effective until terminated by either party. You may
terminate these Terms of Use by destroying all copies and installations of
products and services obtained from us. The agreement will automatically and
immediately terminate without notice should you violate any terms of this agreement.
Violating our Terms Of Use, Copyrights, or any of our licensing restrictions,
will result in termination of membership, and forfeiture of all reseller licenses,
without notice or refund.
Communications
from us:
By joining our site, you give us permission to contact you periodically via
email with regards to your access to writing4profits.com. If you wish
to no longer receive communications from us, you will just need to send us
an email an info@writing4profits.com.
Jurisdiction
and Other Points to Consider:
If you use our site from locations outside of the United States, you are responsible
for compliance with any applicable local laws. To the extent you have in any
manner violated or threatened to violate Write Consultants, Inc. and/or its
affiliates' intellectual property rights, Write Consultants, Inc. and/or
its affiliates may seek injunctive or other appropriate relief in any state
or federal court in the State of Write Consultants, Inc.,
and you consent to exclusive jurisdiction and venue in such courts. If
any matter concerning this purchase shall be brought before a court of
law, pre- or post-arbitration, Viewer, visitor, member, subscriber or
customer agrees to that the sole and proper jurisdiction to be the
state and city declared in the contact information of the web owner
unless otherwise here specified.
Our failure to enforce any rights granted in this Agreement or to take action
against any other party in the event of any breach shall not be deemed a waiver
by us as to subsequent enforcement of rights or subsequent actions in the event
of future breaches.
Users
agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding use of
the writing4profits.com website.
Users
agree to abide by any and all licensing rules or restrictions
that have been created by the owners of the works contained
within this website. Violating our Terms Of Use, Copyrights,
or any of our licensing restrictions, will result in termination
of account, and forfeiture of all reseller licenses, without
notice or refund. Furthermore, Use of this website constitutes
acceptance of the Legal Agreement and Terms Of Use.
This Agreement in all respects shall be governed by and construed according to
the laws of the State of Nevada, to the exclusion of any other applicable body
of governing law, without regard to conflicts of laws principles.
This Agreement contains the complete and entire understanding and agreement
between you and us and supersedes any previous communications,
representations, or agreements, verbal or written, related to the subject matter of
this Agreement.
This Agreement may not be modified or amended orally, impliedly, or in any
manner not set forth in writing or permitted by this Agreement.
This Agreement may be amended by us at any time and without notice, but only
by amending this Agreement as posted on this website, unless otherwise agreed
to in a writing signed by both of us.
Any amendments will become effective 30 days after being posted on the
website, unless circumstances require that a change be immediately
implemented.
You agree that your continued use of our product or service after that date will
constitute your consent and acceptance of the amendment.
If
any provision of this agreement is void or unenforceable in
whole or in part, the remaining provisions of this Agreement
shall not be affected thereby.