ALL WRITER RESOURCES MEMBERSHIP AGREEMENT
Last updated on November 20, 2014
ALL WRITER RESOURCES provides a directory of services that includes reviews and ratings on a variety of Service Providers based upon the actual first-hand experiences other users have had with these Service Providers and also provides You with the opportunity to provide Your own reviews and ratings on the Service Providers You use.
The benefits of your membership are available only while Your membership is active and Your ALL WRITER RESOURCES account is in good standing and adhere to the rules stated in this agreement.
As a condition of Your use of the Service, You agree to: (a) provide ALL WRITER RESOURCES and Service Providers with true, accurate, current and complete information as prompted by the ALL WRITER RESOURCES registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.
You must be 18 years of age or older to use or register for Services.
Membership in the Service is void where prohibited.
ALL WRITER RESOURCES may, from time to time and in its sole discretion, offer certain products or services exclusively for its membership as well as products or services at a specific membership price. You agree that You shall not share any of these products or services by allowing someone other than You to use your account information. In the event that a product or service is canceled, You agree to allow ALL WRITER RESOURCES to replace the original service or product with a reasonable replacement or to refund any money spent and hold ALL WRITER RESOURCES harmless of any liability or perceived loss.
ALL WRITER RESOURCES will assign You a user ID and a password when You register. Your user ID and password may only be used by You. You are solely responsible for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.
By agreeing to the terms and conditions of this Agreement, ALL WRITER RESOURCES grants You a limited license to access and use the reviews and ratings offered by the Service for Your personal purchase decisions. You acknowledge and agree that You will not access, reproduce, duplicate, copy, sell, re-sell, visit or otherwise exploit for any commercial, educational, or any other non-personal purpose the reviews and ratings and any content, without the express written consent of ALL WRITER RESOURCES.
In order for You to submit Your own reviews and ratings on the Website, You acknowledge and agree that:
(a) all of Your reviews and ratings will either be based upon: (i) Your actual first-hand experiences with the Service Providers You are reviewing;
(b) all of Your reviews and ratings of the Service Providers that You are rating will be accurate, truthful and complete in all respects;
(c) You do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers for which You submit reviews and ratings;
(d) You do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which You submit reviews and ratings;
(e) You are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Service Providers for which You submit reviews or ratings; and
(f) Your name and review information will be made available to the Service Providers on which You review.
If You have a dispute with a Service Provider, You may write a review for that Service Provider who will be allowed 90 days to work with You to resolve the issue. If during that 90 days the issue is resolved, You will have an opportunity to edit your original review to reflect the resolution. If after 90 days You and the Service Provider are unable to come to a resolution and have documented attempts at resolving the issue, then the original review will become active on the website. If You require assistance in resolving the issue, You can contact ALL WRITER RESOURCES by email at email@example.com.
Shortly thereafter, a member of the ALL WRITER RESOURCES team will contact You to obtain additional information and understand Your desired resolution. The ALL WRITER RESOURCES team then will contact the Service Provider to explain Your complaint and desired resolution and to ask the Service Provider to respond in writing within a reasonable timeframe.
If the Service Provider agrees to Your desired resolution or supplies a counteroffer that You find acceptable, the case is considered resolved, You will have the opportunity to edit and resubmit your updated review about Your experience. If the Service Provider responds but does not resolve the matter as described above, Your original review shall remain unchanged.
The resolution center for ALL WRITER RESOURCES is not a legal forum and ALL WRITER RESOURCES does not, at any time, become a party to Your dispute with the Service Provider. ALL WRITER RESOURCES is neither a mediator nor an arbitrator and does not provide legal advice or assistance. If You believe legal services are necessary or would be helpful to resolve Your dispute with a Service Provider, ALL WRITER RESOURCES encourages You to consult with an attorney. ALL WRITER RESOURCES does not guarantee a satisfactory outcome or Your desired resolution. You agree that, by requesting assistance, and by gaining assistance, from ALL WRITER RESOURCES does not waive any of its disclaimers or limitations of liability, including without limitation those set forth under Sections 14 (Service Providers), 24 (Warranty Disclaimer), and 25 (Limitation of Liability).
Although ALL WRITER RESOURCES does not claim ownership of any of the reviews, ratings, communications, information, data, text or other materials You give us (collectively, the "Content"), by providing Content for the Website, You automatically grant, and You represent and warrant that You have the right to grant, to ALL WRITER RESOURCES an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and to authorize sublicenses (through multiple tiers) of the foregoing. In addition, by providing ALL WRITER RESOURCES with Content, You automatically grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction or exploitation of the Content on our Website by any other party.
ALL WRITER RESOURCES does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Service. You acknowledge that ALL WRITER RESOURCES simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of Content and for the publication and distribution of any content posted by Service Providers in response to Content ("Service Provider Content"). You understand that all Content and Service Provider Content posted on, transmitted through or linked through the Service, are the sole responsibility of the person from whom such Content originated. You understand that ALL WRITER RESOURCES does not control, and is not responsible for Content or Service Provider Content made available through the Service, and that by using the Service, You may be exposed to Content that is inaccurate, misleading, or offensive. You agree that You must evaluate and make Your own judgment, and bear all risks associated with, the use of any Content and Service Provider Content.
You further acknowledge that ALL WRITER RESOURCES has no obligation to screen, preview, monitor or approve any Content or Service Provider Content, or Content posted or submitted by any other ALL WRITER RESOURCES member or any Service Provider. However, ALL WRITER RESOURCES reserves the right to review and delete any Content that, in its sole judgment, violates the terms and conditions of this Agreement. By using the Service, You agree that it is solely YOUR RESPONSIBILITY to evaluate Your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that You submit, receive, access, transmit or otherwise convey through the Service. Under no circumstances will ALL WRITER RESOURCES be liable in any way for any Content or Service Provider Content, including, but not limited to, any Content or Service Provider Content that contains any errors, omissions, defamatory statements, or confidential or private information (including, but not limited to, anything related to publishing your material) or for any loss or damage of any kind incurred as a result of the use of any Content or Service Provider Content submitted, accessed, transmitted or otherwise conveyed via the Service. You waive the right to bring or assert any claim against ALL WRITER RESOURCES relating to Content or Service Provider Content, and release ALL WRITER RESOURCES from any and all liability for or relating to any Content or Service Provider Content.
ALL WRITER RESOURCES does not endorse and is not responsible or liable for any Content, Service Provider Content, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers (which includes, but is not limited to, anything related to publishing your material). You agree that should You use or rely on such Content, Service Provider Content, data, advertisement, products, goods or services, available or unavailable from, or through any Service Provider (which includes, but is not limited to, anything related to publishing your material), ALL WRITER RESOURCES is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider (which includes, but is not limited to, anything related to publishing your material), and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Service Provider (which includes, but is not limited to, anything related to publishing your material) exclusively and do not involve ALL WRITER RESOURCES. You should make whatever investigation or other resources that You deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, anything related to publishing your material).
You agree that ALL WRITER RESOURCES is not responsible for the accessibility or unavailability of any Service Provider (which includes, but is not limited to, anything related to publishing your material) or for Your interactions and dealings with them, waive the right to bring or assert any claim against ALL WRITER RESOURCES relating to any interactions or dealings with any Service Provider (which includes, but is not limited to, anything related to publishing your material), and release ALL WRITER RESOURCES from any and all liability for or relating to any interactions or dealings with Service Providers (which includes, but is not limited to, anything related to publishing your material).
ALL WRITER RESOURCES may, in its sole discretion, have criminal and/or financial background checks conducted on certain Service Providers. By having such background checks conducted, ALL WRITER RESOURCES DOES NOT WAIVE ANY OF ITS DISCLAIMER OR LIMITATIONS OF LIABILITY, INCLUDING WITHOUT LIMITATION, THOSE SET FORTH UNDER THIS SECTION, SECTION 24 (WARRANTY DISCLAIMER), OR SECTION 25 (LIMITATION OF LIABILITY).
Programs offered on ALL WRITER RESOURCES are solely for the purpose of enlightenment and ongoing education in the field associated with the workshop and instructor, and in no way is meant to offer a promise of career advancement.
In connection with Your use of the Service, You represent and warrant that You:
(a) are above the age of eighteen (18);
(b) will abide by the letter and spirit of the terms and conditions of this Agreement and all applicable local, state, national or international laws;
(c) will not submit any reviews that may be considered by ALL WRITER RESOURCES to be unlawful, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, invasive of another person's privacy or proprietary rights, or racially, ethnically or otherwise objectionable;
(d) will submit thorough and thoughtful reviews of the Service Providers You review (for example, submitting a review describing a service contractor as "He/She is great." without additional commentary is not a thorough and thoughtful review);
(e) will not submit reviews that comment on other users or the reviews of other users;
(f) will not impersonate, or attempt to impersonate, any other person, falsify contact information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with ALL WRITER RESOURCES, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
(g) will not submit reviews that are encrypted or that contain viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable or otherwise overburden our Website;
(h) will not access, download or copy any information contained on our Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots or other such means);
(i) will not post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
(j) will not take any action that would undermine the review and rating process under the Service;
(k) will not attempt to gain unauthorized access to the Service, other user accounts, or other computer systems or networks connected to the Service;
(l) will not use the Service in any manner that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any material that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
(m) will not use the Service in any way that could interfere with the rights of ALL WRITER RESOURCES or the rights of other users of the Service;
(n) have sufficient rights in and to all Content that You provide, transmit or otherwise convey to ALL WRITER RESOURCES connection with the Service;
(o) agree not to re-sell or assign Your rights or obligations under this Agreement;
(p) will not reproduce, duplicate, copy, sell, re-sell or exploit any Content;
(q) will not access any Content for any commercial, educational or other purposes not related to Your personal purchasing decisions, the express written consent of ALL WRITER RESOURCES, which consent may be withheld by ALL WRITER RESOURCES in our discretion;
(r) grant us an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute the Content and to prepare derivative works of, or to incorporate such Content into other works, and to grant and to authorize sublicenses of the foregoing;
(s) agree not to create an account or use ALL WRITER RESOURCES services if Your account previously has been terminated by ALL WRITER RESOURCES or if You previously have been banned from using the services; and
(t) agree not to: (i) register for more than one account or register for an account on behalf of an individual other than yourself; (ii) impersonate any person or entity, including, but not limited to, ALL WRITER RESOURCES personnel, or falsely state or otherwise misrepresent Your affiliation with a person or entity; or (iii) advocate, encourage or assist any third party in doing any of the foregoing activities in this subsection.
The reviews and ratings that You provide do not reflect the views of ALL WRITER RESOURCES, its officers, managers, owners, employees, agents, designees or other users. In addition, ALL WRITER RESOURCES retains the right, in its sole discretion, to determine whether or not Your use of the Service is consistent with the terms and conditions of this Agreement. ALL WRITER RESOURCES may suspend, restrict or terminate Your use of the Service and to refuse any future use of all or portions of the Service if Your use breaches or fails to comply with any of the terms and conditions of this Agreement. Additionally, ALL WRITER RESOURCES may seek any and all other remedies available to it, including: (a) seeking injunctive relief with any court of competent jurisdiction to enjoin any breach or failure to comply with any of the terms and conditions of this Agreement; and/or (b) if damages are ascertainable, seeking damages relating to any breach or failure to comply with any of the terms and conditions of this Agreement.
As ALL WRITER RESOURCES continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under this Agreement.
Your membership term will continue without the need for renewal thereafter until termination by either party in accordance with the terms of this Agreement.
ALL WRITER RESOURCES may, for any reason in its sole discretion, immediately terminate this Agreement, Your account and Your access to the Service.
Termination of Your account will include removal of Your access to all offerings of the Service, deletion of Your password, deletion of all related information and files, may include the deletion of the Content associated with Your account (or any part thereof), and barring Your further use of the Service.
ALL WRITER RESOURCES will have the right to modify and restate the terms and conditions of this Agreement, and such modification(s) will be effective immediately upon being posted on our Website (www.allwriterresources.com). You will receive notice if modifications to the Agreement are made. ALL WRITER RESOURCES will make note of the date of the last update to the Agreement on the first page of this Agreement. You are responsible for reviewing these terms and conditions regularly. Your continued use of the Service after such modifications will be deemed to be Your conclusive acceptance of all modifications to this Agreement. If You are dissatisfied as a result of such modification(s), Your only recourse is to immediately discontinue use of the Service.
ALL WRITER RESOURCES reserves the right at any time to limit access to, modify, change or discontinue the Service with or without notice to You and we shall not be liable to You for any such modification, suspension or discontinuance of the Service. You agree that ALL WRITER RESOURCES will not be liable to You or to any third party for any such limitation, modification, change, suspension or discontinuance of the Service. You agree that ALL WRITER RESOURCES may establish general practices, policies and limits, which may or may not be published, concerning the use of the Service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which You may access the Service in a given period of time. You agree that ALL WRITER RESOURCES has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through the Service. You agree that ALL WRITER RESOURCES has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Service may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. ALL WRITER RESOURCES is not responsible for any delays, failures or other damage resulting from such problems.
ALL WRITER RESOURCES appreciates hearing from You, as well as our other users, and welcomes Your comments regarding our Service. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value Your feedback on our Service, please be specific in Your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts or other information (collectively, the "Submissions"), such Submissions will be the property of ALL WRITER RESOURCES. In addition, none of the Submissions will be subject to any obligations of confidentiality and ALL WRITER RESOURCES will not be liable for any future use or disclosure of such Submissions.
Aside from user-submitted Content and Service Provider Content, all other materials and other information on the Website, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, data compilations and software (collectively, the "Copyright Materials") are the exclusive property of ALL WRITER RESOURCES and/or its licensors and are protected by all United States and international copyright laws.
You understand and agree that THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT ALL WRITER RESOURCES ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION OF CONTENT OR FAILURE BY THE SERVICE. ALL SERVICE PROVIDER CONTENT POSTED THROUGH PURCHASED ADVERTISEMENT WILL REMAIN ON THE WEBSITE THROUGH THE END OF THE TIME PERIOD PAID FOR. ALL WRITER RESOURCES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR INFORMATION YOU PROVIDE OR ALL WRITER RESOURCES COLLECTS WILL NOT BE DISCLOSED OR (E) ANY ERRORS IN ANY SERVICE WILL BE CORRECTED. YOU AGREE THAT USE OF THE SERVICE AND THE WEBSITE IS AT YOUR OWN RISK. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to You as they relate to implied warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ALL WRITER RESOURCES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ALL WRITER RESOURCES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ALL WRITER RESOURCES OR THE FAILURE OF ALL WRITER RESOURCES TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.
You understand and agree that Your unlimited access to the Content on the Website represents a substantial portion of the value You receive from Your free ALL WRITER RESOURCES membership. THEREFORE, TO THE EXTENT ALL WRITER RESOURCES IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ALL WRITER RESOURCES’ LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF MEMBERSHIP FEES (IF MEMBERSHIP FEES ARE PAID ON AN OTHER THAN MONTHLY BASIS IT WILL BE THE PRORATED VALUE OF MEMBERSHIP FEES OVER A ONE (1) MONTH PERIOD).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL WRITER RESOURCES CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF ANY FEES TO ALL WRITER RESOURCES THROUGH THE USE OF A CREDIT CARD (A "CREDIT CARD PROCESSOR"). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ALL WRITER RESOURCES, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE "RELEASED PARTIES") SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ALL WRITER RESOURCES TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ALL WRITER RESOURCES. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF ALL WRITER RESOURCES TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ALL WRITER RESOURCES. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ALL WRITER RESOURCES SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
You agree to indemnify, defend and hold harmless ALL WRITER RESOURCES, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of this Agreement by You; (b) the inaccurate or untruthful Content or other information provided by You to ALL WRITER RESOURCES or that You submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm You may have caused to another. ALL WRITER RESOURCES will have sole control of the defense of any such damage or claim.
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for ALL WRITER RESOURCES to pursue legal action to enforce the terms and conditions of this Agreement, You will be liable to pay us the following amounts as liquidated damages, which You accept as reasonable estimates of ALL WRITER RESOURCES’ damages for the specified breaches of this Agreement:
(a) If You post Content in violation of this Agreement, You agree to promptly pay ALL WRITER RESOURCES One Thousand Dollars ($1,000) for each item of Content posted in violation of this Agreement. We may (but shall not be required to) to issue You a warning before assessing damages.
(b) If You display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, You agree to pay One Thousand Dollars ($1,000) for each item of Content displayed, copied, duplicated, reproduced, sold, re-sold or exploited in violation of this Agreement
(c) If You use computer programming routines that are intended to aggregate records or reviews from the Service or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden our Website, You agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged or otherwise affected by You.
(d) Except as set forth in the foregoing subsections (a) through (c), inclusive, You agree to pay the actual damages suffered by ALL WRITER RESOURCES, including, but not limited to attorneys' fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
You agree that ALL WRITER RESOURCES may communicate any notices to You under this Agreement, through electronic mail, regular mail or posting the notices on the Website. All notices to ALL WRITER RESOURCES will be provided by either sending: (i) an email to firstname.lastname@example.org; or (ii) a letter, first class certified mail, to ALL WRITER RESOURCES, 1029 N. Peachtree Pkwy, Suite 335, Peachtree City, GA 30269, Attn: Member Services. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 (“DMCA”), ALL WRITER RESOURCES will respond promptly to claims of copyright or trademark infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its “Designated Agent”). Our Designated Agent is:
All Writer Resources
1029 N. Peachtree Pkwy, Suite 335
Peachtree City, GA 30269
We welcome your questions and comments.
If You are a copyright or trademark owner (or authorized to act on behalf of the copyright or trademark owner) and believe that Your work’s copyright or trademark has been infringed, please report Your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
ALL WRITER RESOURCES will investigate notices of copyright and trademark infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
This Agreement governs Your use of the Service and constitutes the entire agreement between You and ALL WRITER RESOURCES. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between You and ALL WRITER RESOURCES regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between You and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to ALL WRITER RESOURCES under this Agreement.
This Agreement and the relationship between You and ALL WRITER RESOURCES will be governed by the laws of the State of Georgia, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where You may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Fayette County, Georgia and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that ALL WRITER RESOURCES may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
In the event Your membership with ALL WRITER RESOURCES is terminated or lapses or You are no longer a user of ALL WRITER RESOURCES, certain provisions of this Agreement will continue to remain in effect, including, but not limited to, Sections 12, 14, 15, 17 and 23 through 31.
This Agreement may not be re-sold or assigned by You. If You assign, or try to assign, this Agreement, such assignment or attempted assignment will be void and unenforceable. It will not be considered a waiver of ALL WRITER RESOURCES’ rights if ALL WRITER RESOURCES fails to enforce any of the terms or conditions of this Agreement against You. In the event a court finds a provision in this Agreement to not be valid, You and ALL WRITER RESOURCES agree that such court should incorporate a similar provision that would be considered valid, with all other provisions remaining valid in the Agreement. No joint venture, partnership, employment or agency relationship exists between You and ALL WRITER RESOURCES as a result of this Agreement or use of the Service. You acknowledge and agree that each of the Released Parties shall be an intended third party beneficiary of this Agreement.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.