AGREEMENT TO OUR LEGAL TERMS

We are Mitchelle_O.D, often known as "Company," "we," "us," or "our."

We run https://mitchelle-od.systeme.io (the 'Site'), along with any other affiliated goods and services that include or link to these legal terms (the 'Legal Terms') (collectively, the 'Services').

Email us at mitchelleod@writeme.com to get in touch.

You (either personally or on behalf of an entity; "you") and Mitchelle_O.D are bound by these Legal Terms, which govern your use of the Services and access to them. By using the Services, you acknowledge that you have read, comprehended, and accepted to be bound by all of these Legal Terms. YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST IMMEDIATELY DISCONTINUE USE IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS.

Any scheduled modifications to the Services you use will be communicated to you in advance. The updated Legal Terms will take effect upon publishing or notification to you by mitchelleod@writeme.com, as specified in the email message. You agree to be bound by the amended terms if you continue to use the Services after the effective date of any modifications.

Users must be at least 18 years old to utilize the Services. Persons under the age of 18 are not permitted to use the Services or register for them.

INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

All intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), as well as the trademarks, service marks, and logos therein (the "Marks"), are owned by us or are licensed to us by third parties.

Our Content and Marks are shielded from infringement by copyright and trademark laws as well as other intellectual property rights and unfair competition treaties in the US and abroad.

For your personal, non-commercial use or for internal business purposes only, the Content and Marks are made available in or through the Services "AS IS."

Your use of our Services

We grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print a copy of any part of the Content to which you have lawful access, provided you comply with these Legal Terms and the "PROHIBITED ACTIVITIES" section below.

Only for internal business use or non-commercial personal use.

Except as expressly stated in this section or elsewhere in our Legal Terms, no part of the Services, including any Content or Marks, may be duplicated, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission.

Please send your request to mitchelleod@writeme.com if you wish to use the Services, Content, or Marks in any other way than what is specified in this section or elsewhere in our Legal Terms.

If we ever provide you permission to post, reproduce, or publicly display any of our Content, you must credit us as the owners or licensors of the Services, Content, or Marks. When uploading, duplicating, or displaying our Content, you must also ensure that any copyright or proprietary notice is apparent.

We own all rights to the Services, Content, and Marks that are not expressly granted to you.

If these intellectual property rights are violated, your permission to use our Services will be terminated immediately, which will also represent a major breach of our legal terms.

Your submissions and contributions

Before using our Services, please read this section as well as the section labeled "PROHIBITED ACTIVITIES" to understand your (a) obligations and (b) rights when you post or upload any content using the Services.

Submissions: You agree to assign to us all intellectual property rights in any question, comment, opinion, idea, feedback, or other information about the Services that you directly provide to us (collectively, "Submissions"). You agree that we will own this Submission and have the right to own, use, and distribute it for any lawful purpose (commercial or otherwise) without your approval or payment.

Contributions: You may be invited to communicate, post on message boards, participate in online forums, and engage in other functions through the Services. You may generate, transmit, display, publish, distribute, or broadcast content and materials to us or through the Services during these interactions, including but not limited to text, writings, audio, video, pictures, music, graphics, reviews, ratings, comments, and other materials ('Contributions'). Any Submission that is made public must be considered a Contribution as well.

You are aware that Contributions may be made available to other Service users as well as through third-party websites.

When you post Contributions, you grant us the following permissions, including the right to use your name, trademarks, and logos: You grant us the right and license to use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and commercially exploit your contributions (including, without limitation, your image, name, and voice) for any purpose by submitting any contributions. Our dissemination and use are available to all media formats and distribution methods.

This license grants us permission to use your name, the name of your company or franchise, as well as any trademarks, service marks, trade names, logos, and other personal and professional images that you provide.

You are solely responsible for the material you publish or upload. By sending us Submissions, publishing Contributions on any aspect of the Services, or granting access to Contributions by connecting your Services account to any of your social media accounts, you:

· certify that you have read our 'PROHIBITED ACTIVITIES' and agree to abide by them, and that you will not post any Submissions or Contributions through the Services that are unlawful, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceptive, or misleading;

· to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;

· ensure that any such submissions and/or contributions are your original work, that you have the relevant permissions to submit them, and that you have the legal right to give us the rights listed above in regard to your submissions and/or contributions; and

· warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You expressly agree to compensate us for any losses incurred as a result of your breach of (a) this article, (b) any third party's intellectual property rights, or (c) applicable law. Your Submissions and/or Contributions are strictly your responsibility.

We reserve the right to delete or alter your Content. Although we have no need to monitor any Contributions, we reserve the right to do so at any time and without notice if we believe the Contribution is detrimental or violates these Legal Terms.

USER REPRESENTATIONS

By using the Services, you affirm and warrant that: (1) you are of legal age and agree to abide by these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Services using automated or non-human means, whether through a bot, script, or other means; (4) you will not use the Services for any unlawful or unauthorized purpose; and (5) you will not use the Services in a manner that violates any applicable law or regulation.

PROHIBITED ACTIVITIES

You are not permitted to use or access the Services for any purpose other than the one for which we provide them. Only commercial efforts that we have expressly approved or encouraged are permitted to use the Services.

As a user of the Service, you agree not to:

· Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

· Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

· Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

· Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

· Use any information obtained from the Services in order to harass, abuse, or harm another person.

· Make improper use of our support services or submit false reports of abuse or misconduct.

· Use the Services in a manner inconsistent with any applicable laws or regulations.

· Engage in unauthorised framing of or linking to the Services.

· Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

· Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

· Delete the copyright or other proprietary rights notice from any Content.

· Attempt to impersonate another user or person or use the username of another user.

· Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').

· Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

· Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

· Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

· Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

· Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

· Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorised script or other software.

· Use a buying agent or purchasing agent to make purchases on the Services.

· Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

· Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.

· Sell or otherwise transfer your profile.

USER GENERATED CONTRIBUTIONS

The Services may provide you with the opportunity to chat, participate in blogs, message boards, online forums, and other features, as well as to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or other material (collectively, "Contributions") (including but not limited to text, writings, video, audio, photographs, graphics, and personal Other users of the Services and third-party websites may be able to view contributions. Any Contributions you send could therefore be regarded as non-confidential and non-proprietary. When you develop or make any Contributions available, you guarantee and represent that:

· Your Contributions are not and will not violate any third party's intellectual property rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights, during their creation, distribution, transmission, public performance, access, download, or copying.

· You have all required rights, consents, releases, and permissions to use and permit us, the Services, and other users of the Services to use your Contributions in any manner envisioned by the Services and these Legal Terms. You are also the creator and owner of all relevant licenses, rights, consents, releases, and permissions.

· You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

· Your Contributions are not false, inaccurate, or misleading.

· Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

· Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).

· Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

· Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people. Your Contributions do not violate any applicable law, regulation, or rule.

· Your Contributions do not violate the privacy or publicity rights of any third party.

· Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

· Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

· Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Your right to use the Services may be terminated or suspended, among other things, if you use them in a manner that violates the foregoing or these Legal Terms.

CONTRIBUTION LICENCE

By submitting your Contributions to any area of the Services, you automatically grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, and fully-paid right and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, and excerpt your Contributions. You also represent and warrant that you have the right to grant this right and licence. Any media channels and any media formats are acceptable for use and distribution.

This license covers the use of your name, company name, franchise name, and any trademarks, service marks, trade names, logos, and any other personal and commercial pictures you give in any format, media, or technology now known or hereafter developed. You guarantee that no moral rights have been in any way claimed in your contributions and you waive all moral rights therein.

Your Contributions are not our property, according to us. All of your contributions, as well as any associated intellectual property rights or other proprietary rights, remain wholly yours. We are not responsible for any claims made in your Contributions, which you may submit in any part of the Services. Your contributions to the Services are completely your responsibility, and by using the Services, you expressly agree to absolve us of any liability and to forgo taking legal action against us in connection with your contributions. We are not responsible for any claims made in your Contributions, which you may submit in any part of the Services.

We reserve the right, at any time and for any reason, without prior notice, to (1) edit, redact, or otherwise change any Contributions; (2) re-categorize any Contributions to place them in more relevant areas on the Services; and (3) pre-screen or delete any Contributions. All of these rights are exercised solely and exclusively at our discretion. We are not required to monitor your contributions.

GUIDELINES FOR REVIEWS

On the Services, we could give you spaces where you can post reviews or ratings. The following requirements must be met while publishing a review: (1) You should have first-hand knowledge of the person or entity being reviewed; (2) Your reviews should not use vulgar language or be abusive, racist, or hateful; (3) Your reviews should not make derogatory remarks about someone's sexual orientation, marital status, age, or disability; (4) Your reviews should not make mention of illegal activity; (5) You should not be associated with rival organizations if posting negative reviews; (6) You should not draw any judgments about the legality of conduct; (7) You may not publish any false or misleading statements. (8) You may not organize a campaign enticing people to post reviews, whether favourable or negative.

We have the authority to accept, reject, or remove reviews. Even if a review is found to be insulting or incorrect, we have no obligation to screen or delete it. We have no affiliation with the reviews, and they do not necessarily reflect our views or the views of any of our partners or affiliates. We assume no responsibility for any reviews or any claims, liabilities, or losses resulting from reviews. You hereby offer us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, transferable, and sublicensable right and licence to reproduce, change, translate, transmit by any means, display, perform, and/or distribute all content associated with reviews as a result of your review posting.

THIRD-PARTY WEBSITES AND CONTENT

Links to other websites ('Third-Party Websites') as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ('Third-Party Content') may be included in the Services (or you may be directed to them via the Site). We do not investigate, monitor, or check such Third-Party Websites and Third-Party Content for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites. Inclusion, linking to, or authorizing the use or installation of any Third-Party Websites or Third-Party Content does not imply our support or endorsement of such Third-Party Websites or Third-Party Content. If you leave the Services and access Third-Party Websites or use or install Third-Party Content, you do so at your own risk, and you should be informed that these Legal Terms no longer apply. You should read the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services, as well as the terms and policies relating to any applications you use or install through the Services. Any purchases made through Third-Party Websites will be made through other websites and from other firms, and we accept no responsibility for such purchases, which are solely between you and the applicable third party. You agree and accept that we do not endorse the products or services offered on Third-Party Websites and that you will hold us harmless if you purchase such items or services. Furthermore, you agree to hold us harmless for any losses you sustain or harm you suffer as a result of any Third-Party Content or contact with Third-Party Websites.

ADVERTISERS

Advertisers can place advertisements and other content in certain places of the Services, such as sidebar advertisements or banner advertisements. We only provide the area for such adverts to be placed, and we have no additional interaction with advertisers.

SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole judgment, violates the law or these Legal Terms, including, without limitation, reporting such user to law enforcement authorities; and (3) in our sole judgment and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible), a user; (4) remove from the Services or otherwise disable any files or content that are excessively large or otherwise burdensome to our systems at our sole discretion and without restriction, notice, or liability; and (5) otherwise manage the Services in a way that promotes their proper operation while safeguarding our rights and property.

PRIVACY POLICY

We place a high value on data security and privacy. By using the Services, you agree to be bound by our posted Privacy Policy on the Services, which is incorporated into these Legal Terms. Please keep in mind that the Services are hosted in the United States of America. If you access the Services from any other region of the globe where the laws or other restrictions regulating personal data collection, use, or disclosure differ from those that apply in the United States, you are transferring your data to the United States through your continuing use of the Services. You expressly agree to your data being transferred to and processed in the United States.

TERM AND TERMINATION

For as long as you use the Services, these Legal Terms will be in full force and effect.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO REFUSE ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING SPECIFIC IP ADDRESSES) TO ANYONE FOR ANY REASON OR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. IN OUR SOLE DISCRETION, WE HAVE THE RIGHT TO END YOUR USE OF OR PARTICIPATION IN THE SERVICES AT ANY TIME, WITHOUT PRIOR NOTICE, OR TO DELETE ANY CONTENT OR INFORMATION YOU HAVE POSTED.

MODIFICATIONS AND INTERRUPTIONS

The contents of the Services are subject to alteration, modification, or removal at any time and without prior notice for any reason. We are not required to update any information on our Services, nevertheless. Any time the Services are altered, their price is raised, they are suspended, or they are discontinued, we won't be held responsible to you or any other person.

We cannot promise that the Services will always be available. It is possible that we may run into hardware, software, or other issues, or that we may need to perform maintenance on the Services, which will cause hiccups, delays, or mistakes. Without giving you prior notice, we reserve the right to alter, revise, update, suspend, cease, or otherwise change the Services at any time and for any reason. You acknowledge that we are under no obligation to compensate you for any loss, harm, or inconvenience brought on by your inability to use or access the Services during such service interruptions or discontinuances. Nothing in these Legal Terms shall be deemed to require us to provide any updates, releases, or corrections in connection with the Services or to maintain and support them.

GOVERNING LAW

These Legal Terms and your use of the Services are governed and construed in accordance with the laws of the State of Michigan that apply to agreements made and to be performed solely within the State of Michigan, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

The Parties agree to first attempt to negotiate any Dispute (aside from those Disputes expressly provided below) informally for at least thirty (30) days before commencing arbitration in order to expedite resolution and manage the cost of any dispute, controversy, or claim related to these legal terms brought by either you or us (individually, a "Party" and collectively, the "Parties").

Following written notice from one party to the other, such informal conversations begin.

Binding Arbitration

Except for those disputes that are expressly excluded herein, disputes between the Parties that cannot be settled through informal dialogue will be finally and exclusively settled through binding arbitration. YOU UNDERSTAND THAT IN THE ABSENCE OF THIS PROVISION, YOU WOULD BE ENTITLED TO A JURY TRIAL AND THE RIGHT TO SUE IN COURT. The American Arbitration Association's (AAA) Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer-Related Disputes (the "AAA Consumer Rules"), both of which are available on the AAA website (American Arbitration Association | ADR.org), shall govern the commencement and conduct of the arbitration. The AAA Consumer Rules shall control your arbitration fees and, when applicable, set a limit on your portion of the arbitrators' pay. We shall cover any arbitration costs and fees if the arbitrator determines that the charges are excessive. The arbitration might take place in person, online, over the phone, or with the submission of papers. If requested by either Party, the arbitrator need not include a statement of reasons in the written ruling they make. Any award may be contested if the arbitrator doesn't follow the relevant laws, which is required by the arbitration agreement. The arbitration shall take place in Oakland, Michigan, unless the applicable AAA rules or applicable law provide otherwise. Except as otherwise specified herein, the Parties may litigate in court to compel arbitration, stay legal action while arbitration is taking place, or to affirm, modify, vacate, or enter judgment on the arbitrator's award.

The Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts and agree that, if for any reason a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Oakland, Michigan. These Legal Terms do not apply to the Uniform Computer Information Transaction Act (UCITA) or the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute involving the Services that is brought by any Party must never be brought more than one (1) year after the cause of action first materialized. A court of competent jurisdiction within the courts listed for jurisdiction above will resolve any disputes falling within this provision if it is determined that any part of it is unlawful or unenforceable, and the Parties agree to submit to the personal jurisdiction of such court. If this provision is determined to be unlawful or unenforceable, neither Party will choose to arbitrate any disputes falling within that portion of this provision.

Restrictions

The Parties agree that any arbitration will only cover the particular disputes between the Parties. To the fullest extent permitted by law, (a) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other individuals, (b) no arbitration shall be joined with any other proceeding, (c) no right or authority for any dispute to be arbitrated on a class-action basis or to utilise class-action procedures.

Exceptions to Informal Negotiations and Arbitration

The Parties concur that the following disputes are exempt from the aforementioned clauses regarding binding arbitration and informal negotiations: (a) Any disputes involving the enforcement or protection of an infringer's intellectual property rights or the legality of those rights; (b) Any disputes involving claims of theft, piracy, invasion of privacy, or unauthorized use; and (c) any injunctive relief claim. A court of competent jurisdiction within the courts listed for jurisdiction above will resolve any disputes falling within this provision if it is determined that any part of it is unlawful or unenforceable, and the Parties agree to submit to the personal jurisdiction of such court. If this provision is determined to be unlawful or unenforceable, neither Party will choose to arbitrate any disputes falling within that portion of this provision.

CORRECTIONS

Information on the Services, including descriptions, prices, availability, and many other details, could contain typographical mistakes, inaccuracies, or omissions. We reserve the right to change or update the information on the Services at any time, without prior notice, in order to address any mistakes, inaccuracies, or omissions.

DISCLAIMER

THE SERVICES ARE DELIVERED "AS IS" AND "AS AVAILABLE." YOU AGREE THAT IT IS SOLELY AT YOUR RISK TO USE THE SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES AND YOUR USE THEREOF, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT GUARANTEE OR REPRESENT THAT THE CONTENT OF THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES, IS ACCURATE OR COMPLETE, AND WE DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS; (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF WHATEVER NATURE, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, WORMS, OR OTHER SIMILAR SOFTWARE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY MISTAKES OR OMISSIONS IN ANY CONTENT AND MATERIALS, AS WELL AS ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING ANY CONTENT POSTED, SENT, OR OTHERWISE MADE ACCESSIBLE OVER THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A GOOD OR SERVICE IN ANY SETTING OR THROUGH ANY MEDIUM, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY INCLUDED IN THIS AGREEMENT, OUR LIABILITY TO YOU FOR ANY REASON AND REGARDLESS OF THE FORM OF THE ACTION WILL ALWAYS BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US, IF ANY, OR $200 USD. THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AS WELL AS LIMITATIONS ON IMPLIED WARRANTIES ARE PROHIBITED UNDER SEVERAL INTERNATIONAL AND US STATE LAWS. THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS IF THESE LAWS APPLY TO YOU.

INDEMNIFICATION

You agree to defend, hold harmless, and indemnify us, our subsidiaries, affiliates, and each of our officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand made by any third party due to or arising out of: (1) your Contributions; (2) your use of the Services; (3) any violation of these Legal Terms; and (4) any violation of your representations and warranties set forth in this Agreement; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; ; or (6) you engaged in any overtly detrimental behaviour toward another Service user you connected with through the Services. Despite the aforementioned, we reserve the right to assume exclusive responsibility for the defense and management of any case for which you are obligated to indemnify us, and you agree to assist us in the defense of such claims at your expense. As soon as we become aware of any such claim, action, or process that is covered by this indemnity, we shall make a reasonable effort to let you know about it.

USER DATA

For the purpose of managing the performance of the Services, we will keep track of some of the information you transmit to the Services, as well as information about how you use the Services. Despite the fact that we routinely backup your data, you are completely responsible for accountable for all information you transmit and for any actions you take while using the Services. You acknowledge that we shall not be liable to you for any loss or corruption of such data, and you expressly release us from any obligation related to such loss or corruption of data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Electronic communications include messages sent to us via email and online forms, as well as visits to the Services. You agree that all agreements, notices, disclosures, and other communications that we give to you electronically—by email and on the Services—satisfy any legal need that such communications be made in writing. You also consent to receiving electronic communications from us. THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES, ARE HEREBY AGREEED TO BY YOU. You hereby waive any rights or requirements you may have under any statutes, rules, regulations, ordinances, or other laws in any jurisdiction that call for an original signature, the delivery of paper documents, their storage, or the right to payment or credit by means other than electronic ones.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

The complete agreement and understanding between you and us is set forth in these Legal Terms and any policies or operating guidelines that we post on the Services or in relation to the Services. Any right or provision of these Legal Terms that we do not execute or enforce in accordance with them does not constitute a waiver of those rights or provisions. To the largest extent permitted by law, these Legal Terms are in effect. All of our rights and duties are transferable at any time. Any loss, damage, delay, or failure to act brought on by an event beyond our reasonable control shall not be our fault or subject to liability. If any clause or part of a clause in these Legal Terms is found to be invalid, illegal, or unenforceable, that clause or part is deemed severable from these Legal Terms and has no bearing on the legality and enforceability of any other clauses. Due to these Legal Terms or your use of the Services, no joint venture, partnership, employment, or agency relationship is formed between you and us. You acknowledge that the fact that we wrote these legal terms should not be used against us. You renounce all defenses you might have based on the fact that these Legal Terms are in electronic form and the lack of signing by the parties hereto to execute these Legal Terms.

CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: mitchelleod@writeme.com