WE HAVE MADE EVERY EFFORT TO ACCURATELY REPRESENT OUR PRODUCTS
AND SERVICES. THE REPRESENTATION OF THE POTENTIAL OF OUR PRODUCTS AND SERVICES
IS SUBJECT TO OUR INTERPRETATION. WHILE THE EARNINGS POTENTIAL FOR THOSE PEOPLE
THAT USE OUR PRODUCTS AND SERVICES IS USUALLY VERY ENCOURAGING. YOU ACKNOWLEDGE
THAT YOUR EARNING POTENTIAL IS SUBJECT TO MANY INDEPENDENT FACTORS, ALL OF
WHICH VARY FROM INDIVIDUAL TO INDIVIDUAL AND ARE OFTEN OUT OF ANY INDIVIDUAL’S
AS SUCH, WE MAKE NO WARRANTY OR GUARANTEE OF ANY KIND THAT YOU
WILL EXPERIENCE ANY SPECIFIC LEVEL OF EARNINGS BY USING OUR PRODUCTS AND
ANY EXAMPLES WE HAVE PROVIDED SHOULD NOT BE INTERPRETED AS ANY
GUARANTEE OF EARNINGS. WE DO NOT ASSERT THAT OUR PRODUCTS AND SERVICES
REPRESENT A “GET RICH SCHEME.”
UPON REQUEST, WE MAY ASSIST YOU IN THE VERIFICATION OF CLAIMS OF
ACTUAL EARNINGS AND/OR EXAMPLES OF ACTUAL RESULTS ACHIEVED, THOUGH WE ARE UNDER
NO OBLIGATION TO DO SO.
HOWEVER, WE CANNOT AND DO NOT OFFER YOU ANY DIRECT FINANCIAL
ADVICE, NOR ARE WE RESPONSIBLE FOR ANY FINANCIAL DECISIONS YOU MAKE. AS ALWAYS,
IT IS YOUR SOLE RESPONSIBILITY TO DISCUSS THE LEGALITY OR FINANCIAL SOUNDNESS
OF ANY DECISION YOU MAKE WITH A QUALIFIED PROFESSIONAL BEFORE MAKING SUCH A
INFORMATION FOUND IN OUR PRODUCTS AND SERVICES MAY CONTAIN
INFORMATION THAT INCLUDES FORWARD-LOOKING STATEMENTS AS DEFINED BY THE “PRIVATE
SECURITIES LITIGATION REFORM ACT OF 1995.” WE BASE ANY FORWARD-LOOKING
STATEMENTS SOLELY UPON OUR EXPECTATIONS ON EVENTS THAT HAVE NOT YET OCCURRED.
YOU CAN EASILY IDENTIFY SUCH STATEMENTS, AS THEY DO NOT RELATE
SPECIFICALLY TO ANY FACTS, WHETHER HISTORICAL OR IN CURRENT DAY. THESE
STATEMENTS USE WORDS SUCH AS “ANTICIPATE,” “BELIEVE,” “ESTIMATE,” “EXPECT,”
“INTEND,” “PLAN,” “PROJECT,” AND OTHER SUCH WORDS THAT IMPLY SIMILAR MEANING IN
CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS AND FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD LOOKING STATEMENTS USED WITH OUR PRODUCTS
AND SERVICES ARE SOLELY BASED UPON OUR OPINION OF EARNINGS POTENTIAL. AS THERE
ARE MANY FACTORS THAT WILL DETERMINE YOUR ACTUAL RESULTS, WE MAKE NO GUARANTEES
THAT YOU WILL ACHIEVE SIMILAR OR ANY RESULTS FROM YOUR USE OF OUR PRODUCTS AND
This membership agreement (the “Membership Agreement”) contains
the terms and conditions that govern your use of the The Write Services, LLC
website (the “Website”) and the Services (as defined below). THIS MEMBERSHIP
AGREEMENT DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES, AND INCLUDES DISCLAIMERS
OF WARRANTIES, LIMITATIONS OF LIABILITY, A CLASS ACTION WAIVER, AND THE
REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS. THESE PROVISIONS FOR AN ESSENTIAL
BASIS OF OUR AGREEMENT.
If you do not agree with any of these terms, do not access or
otherwise use the Website or Services, or any information or materials
contained on the Website.
The Write Services, LCC (“The Write
Services, LCC”) owns and operates the Website. This Membership
Agreement is between you and The Write
Services, LCC. The Write
Services, LCC reserves the right to add, delete, and modify
any of the terms and conditions contained in this Membership Agreement at any
time and in its sole discretion by posting a change notice or a new agreement
on the Website. In the event of substantive changes to this Membership
Agreement, the new terms will be posted to the Website, you will be required to
affirmatively assent to its terms, and you may also be notified by email. If
any modification is unacceptable to you, your only recourse is not to use the
Website and the Services and to request an immediate termination of your
membership. Your express consent or continued use of the Website or the
Services following posting of a change notice or new Membership Agreement on
the Website will constitute binding acceptance of the changes.
1.1. The Write Services, LCC provides a
number of Internet-based services through the Website (all such services,
collectively, the “the Services”), including without limitation training and
materials for you to develop and promote your business. The Write Services, LCC reserves
the right to add, change, and delete content and services from the Website or
Services from time to time.
1.2. If applicable, you agree to pay, and authorize automatic
recurring billing of, the membership fee with your credit card, or other
payment methods, until subsequently cancelled. Your payment for the initial
30-day period is refundable, provided that you contact us and request that we
cancel your membership and refund your fee within the initial 30-day period.
You understand and agree that each subsequent automatic recurring billing of
the membership fee is not refundable and will not be prorated.
1.3. The Write Services, LCC reserves
the right to change the membership fee from time to time.
Use of the Website and the Services
2.1. The Write Services, LCC will only
knowingly provide the Services to parties that can lawfully enter into and form
contracts under applicable law. The Website and the Services are not for anyone
under the age of 18 and any such use is prohibited.
2.2. You must comply with all of the terms and conditions of
this Membership Agreement, the applicable agreements and policies referred to
below, and all applicable laws, regulations, and rules when you use the Website
and the Services.
2.3. Your License to Use the Website and the Services.
2.3.1. The Write Services, LCC owns or
licenses all intellectual property and other rights, title, and interest in and
to the Website, Services, and the materials accessible on or through the
Website and Services, except as expressly provided for in this Membership
Agreement. For example, and without limitation, The Write Services, LLC owns
trademarks, copyrights, and certain technology used in providing the Services.
You will not acquire any right, title or interest therein under this Membership
Agreement or otherwise unless expressly provided for herein.
2.3.2. The Write Services, LCC grants you
a limited revocable license to access and use the Website and Services for
their intended purposes, subject to your compliance with this Membership
Agreement. This license does not include the right to collect or use
information contained on the Website for purposes that The Write Services, LLC
prohibits or to compete with The Write Services, LLC. If you use the Website or
the Services in a manner that exceeds the scope of this license or breaches any
relevant agreement, your license shall terminate immediately.
2.4. Third-Party Services. The Write Services, LLC may provide
links on the Website to other websites that are not affiliated with, under the
control of, or otherwise maintained by The Write Services, LLC, and may use
third parties to provide certain services accessible through the Website. The
Write Services, LLC does not control those third parties or their services, and
you agree that The Write Services, LLC will not be liable to you in any way for
and other policies. You must comply with such terms and policies as well as
this Membership Agreement when you use these services. If any such terms or
policies conflict with the Membership Agreement, agreements or policies, you
must comply with the Membership Agreement, agreements, or policies, as
applicable. The Write Services, LLC does not endorse or make any
representations or warranties about third party sites or any information,
software, or other products or services found there.
3.1. For the purpose of this Membership Agreement, “Confidential
Information” shall be deemed to include all information and materials that: (a)
if in written format is marked as confidential, or (b) if disclosed verbally is
noted as confidential at time of disclosure, or (c) in the absence of either
(a) or (b) is information which a reasonable party would deem to be non-public
information and confidential.
3.2. Confidential Information shall include without limitation:
all information provided on or through the Website or the Services; trade
secrets, inventions, research methods, methods of compiling information,
methods of creating the The Write Services, LLC database, procedures, devices,
machines, equipment, data processing programs, software, computer models,
research projects, and other means used by The Write Services, LLC in the
conduct of its business; product formulations, strategies and plans for future
business, new business, product or other development, new and innovative
product ideas, potential acquisitions or divestitures, and new marketing ideas;
information with respect to costs, commissions, fees, profits, sales, markets,
sales methods and financial information; mailing lists, the identity of The
Write Services, LLC customers, potential customers, distributors, and suppliers
and their names and addresses, the names of customer representatives
responsible for entering into contracts for The Write Services, LLC’ products
or services, the amounts paid by The Write Services, LLC customers, specific
customer needs and requirements, and leads and referrals to prospective
customers; and the structure, sequence, and organization of the The Write
Services, LLC database, together with source code and object code; and the
identity of The Write Services, LLC employees, their respective salaries,
bonuses, benefits, qualifications and abilities.
3.3. You acknowledge and agree that the nature of The Write
Services, LLC’ confidential, proprietary, and trade secret information to which
you have, and will continue to have, access to derives value from the fact that
it is not generally known and used by others in the highly competitive,
international industry in which The Write Services, LLC competes. You further
acknowledge and agree that, even in complete good faith, it would be impossible
for you to work in a similar capacity for a competitor of The Write Services,
LLC without drawing upon and utilizing information gained pursuant to this
3.4. You acknowledge that you are receiving such Confidential
Information in confidence and will not publish, copy, or disclose any
Confidential Information without prior written consent from the Company. You
further agree that you shall not attempt to reverse engineer, de-compile or try
to ascertain the source code to The Write Services, LLC software or any other
software supplied hereunder. You acknowledge that you will only use the
Confidential Information to the extent necessary to promote your business, and
that you will use best efforts to prevent unauthorized disclosure of the
Confidential Information to any third party.
3.5. The obligation of confidentiality shall not apply to any
particular portion of Confidential Information which: (a) was in the public
domain when The Write Services, LLC granted access to you; (b) entered the
public domain through no fault of you subsequent to receipt; (c) was in your
possession free of any obligation of confidence at the time of the disclosure
by The Write Services, LLC; (d) was rightfully communicated by a third party to
you free of any obligation of confidence subsequent to the time of the
originating party’s communication thereof to you; (e) was developed by you
independently of and without knowledge or reference to any Confidential
Information; (f) is approved for release by written authorization from The
Write Services, LLC; or (g) is required to be disclosed pursuant to any
statute, law, rule or regulation of any governmental authority or pursuant to
any order of any court of competent jurisdiction, but in any case, you will
immediately notify The Write Services, LLC before disclosure and given a
reasonable opportunity to obtain a protective order or other form of
3.6. You agree not to alone or in association with others use
Confidential or trade secret information to (a) solicit, or facilitate any
organization with which you are associated in soliciting, any employee or
customer of The Write Services, LLC’ to alter its relationship with The Write
Services, LLC; (b) solicit for employment, hire, or engage as an independent
contractor, or facilitate any organization with which The Write Services, LLC
is associated in soliciting for employment, hire, or engagement as an
independent contractor, any person who was employed by The Write Services, LLC
at any time during the term of this Membership Agreement (provided, that this
clause (b) shall not apply to any individual whose employment with The Write
Services, LLC was terminated for a period of one year or longer); or (c)
solicit business from or perform services for any customer, supplier, licensee,
or business relation of The Write Services, LLC’, induce or attempt to induce,
any such entity to cease doing business with The Write Services, LLC; or in any
way interfere with the relationship between any such entity and The Write
3.7. You agree that you will not make any derogatory statements,
either oral or written, or otherwise disparage The Write Services, LLC, The
Write Services, LLC’ products, employees, services, work or employment, and
will take all reasonable steps to prevent others from making derogatory or
disparaging statements. You agree that it would be impossible, impractical, or
extremely difficult to fix the actual damages suffered by reason of a breach of
this paragraph, and accordingly hereby agree that five thousand dollars
($5,000) shall be presumed to be the amount of damages sustained by reason of
each such breach, without prejudice to The Write Services, LLC’ right to also
seek injunctive or other equitable relief.
3.8. Other than as expressly provided for herein, in no event
shall you be deemed by virtue hereof to have acquired any right or interest by
license or otherwise, in or to the Confidential Information.
3.9. You agree that all originals and any copies of the
Confidential Information remain the property of The Write Services, LLC.. You shall
reproduce all copyright and other proprietary notices, if any, in the same form
that they appear on all the materials provided by The Write Services, LLC, on
all copies of the Confidential Information made by you. You agree to return all
originals and copies of all Confidential Information in your possession or
control to The Write Services, LLC at The Write Services, LLC’ request.
4.1. Prohibited Use. You may only use the Website and Services
to promote your business, as expressly permitted by The Write Services, LLC.
You may not cause harm to the Website or Services. Specifically, but not by way
of limitation, you may not: (i) interfere with the Website or Services by using
viruses or any other programs or technology designed to disrupt or damage any
software or hardware; (ii) modify, create derivative works from, reverse
engineer, decompile or disassemble any technology used to provide the Website
or Services; (iii) use a robot, spider or other device or process to monitor
the activity on or copy pages from the Website or Services, except in the
operation or use of an internet “search engine,” hit counters or similar
technology; (iv) collect electronic mail addresses or other information from
third parties by using the Website or Services; (v) impersonate another person
or entity; (vi) engage in any activity that interferes with another user’s
ability to use or enjoy the Website or Services; (vii) assist or encourage any
third party in engaging in any activity prohibited by this Membership Agreement;
(viii) co-brand the Website or Services; (ix) frame the Website or Services; or
(x) hyper-link to the Website or Services, without the express prior written
permission of an authorized representative of The Write Services, LLC.
you agree to the collection, use and disclosure of your personal information in
4.3. Ordering Policies. If you purchase any products or services
on or through the Website or Service, you agree that your use of the product or
service is limited by this Membership Agreement as well.
4.4. Password Restricted Areas of the Website. Most areas of the
Website are password restricted to registered users (“Password-Protected Areas”).
If you have registered as an authorized user to gain access to these
Password-Protected Areas, you agree that you are entirely responsible for
maintaining the confidentiality of your password, and agree to notify The Write
Services, LLC if the password is lost, stolen, disclosed to an unauthorized
third party, or otherwise may have been compromised. You agree that you are
entirely responsible for any and all activities that occur under your account,
including any fees that may be incurred under your password-protected account,
whether or not you are the individual who undertakes such activities. You agree
to immediately notify The Write Services, LLC of any unauthorized use of your
account or any other breach of security in relation to your password or the Website
that is known to you.
4.5. Spam Policy: You may not use the Website or Services to
engage in unethical marketing activities, including without limitation
spamming. The following are examples of activities that are not permitted, and
which may result in an immediate deactivation of your account or termination of
your membership: a) disguising the origin of any content transmitted to or
through the Website or Services, or using any other means of deceptive
addressing; b) relaying email from a third party’s mail servers without the
permission of that third party; c) transmitting any material that is unlawful
or used without adequate permission from the owner of the material; d)
harvesting email addresses in a manner that is unlawful or in violation of the
rights of a third party; e) sending email that contains inaccurate header
information or domain names that are not valid or do not exist; f) sending
email that contains false or misleading information in the subject line or body
of the message; g) sending email that does not indicate that it is an
advertisement, does not include a functioning opt-out mechanism, or does not
include your valid physical mailing address; or h) sending email that violates
applicable law, including without limitation the CAN-SPAM Act or the applicable
laws of the jurisdictions from which you send email or in which the email is
received the acceptable use policies of The Write Services, LLC’ email service
Reservation of Rights
5.1. Monitoring. The Write Services, LLC reserves the right, but
does not assume the obligation, to monitor transactions and communications that
occur through the Website and Service. If The Write Services, LLC determines,
in its sole and absolute discretion, that you or another user has or will
breach a term or condition of this Membership Agreement or that such
transaction or communication is inappropriate, The Write Services, LLC may
cancel such transaction or take any other action to restrict access to or the
availability of any material that may be considered objectionable, without any
liability to you or any third party.
5.2. Modification of the Service. The Write Services, LLC may
modify the Website or Services at any time with or without notice to you, and
will incur no liability for doing so.
6.1. The Write Services, LLC asks that you respect the Website
online community. Your conduct when using the Website and Services should be
guided by common sense and basic etiquette. To further these common goals, you
agree not to:
6.1.1. Disparage the products or services of any company or
6.1.2. Impersonate or represent The Write Services, LLCstaff, or
other industry professionals.
6.1.3. Link to or post content not allowed on the Website.
6.1.4. Solicit a user’s password or other account information.
6.1.5. Harvest user information for any purpose.
6.1.6. Use racially or ethnically offensive language; discuss or
incite illegal activity; use explicit or obscene language; or solicit or post
sexually explicit images.
6.1.7. Harass, threaten, or embarrass anyone.
6.1.8. Post anything that you do not have the legal right to
6.1.9. Violate any law, or make any untrue or misleading
7.1. Your Submissions. When you submit questions, comments,
suggestions, ideas, message board postings, material submitted via web forms,
contest entries, communications or any other information (“Submissions”), you
grant The Write Services, LLC an unrestricted license to use such Submissions
for any purpose, including without limitation marketing and other promotional
purposes and the right to sublicense. You agree that The Write Services, LLC
will have no obligation to keep any Submissions confidential. You will not
bring a claim against The Write Services, LLC based on “moral rights” or the
likes arising from The Write Services, LLC’ use of a Submission.
7.2. Submissions by Others. The Write Services, LLC does not
control the content posted by third parties and does not guarantee the
accuracy, integrity, or quality of such content. You understand that by using
the Website or Services, you may be exposed to content that is offensive,
indecent, or objectionable. Under no circumstances will The Write Services, LLC
be liable in any way for any content, including, but not limited to, for any
errors or omissions in any content, or for any loss or damage of any kind
incurred as a result of the use of any content posted, emailed, transmitted, or
otherwise made available via the Website or Services by third parties.
Representations and Warranties
8.1. Mutual Representations and Warranties. Each party
represents to the other that: (i) the party has the full power and authority to
enter into and perform under this Membership Agreement, (ii) execution and
performance of this Membership Agreement does not constitute a breach of, or
conflict with, any other agreement or arrangement by which the party is bound,
and (iii) the terms of this Membership Agreement are a legal, valid, and
binding obligation of the party entering into this Membership Agreement,
enforceable in accordance with these terms and conditions.
8.2. By You. You represent and warrant to The Write Services,
LLC that, in your use of the Website and Services, you: (i) will not infringe
the copyright, trademark, patent, trade secret, right of privacy, right of
publicity or other legal right of any third party; (ii) will comply with all
applicable laws, rules, and regulations; (iii) will not disrupt or damage any
software or hardware; and (iv) you will provide correct, current, and complete
billing and contact information.
Arbitration and Waiver of Class Claims
9.1. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISPUTES OR
CONTROVERSIES BETWEEN YOU AND The Write Services, LLC, INCLUDING, WITHOUT
LIMITATION, TORT AND CONTRACT CLAIMS, CLAIMS BASED UPON ANY FEDERAL, STATE, OR
LOCAL STATUTE, LAW, ORDER, ORDINANCE, OR REGULATION, AND THE ISSUE OF
ARBITRABILITY, SHALL BE RESOLVED BY THE FINAL AND BINDING ARBITRATION
PROCEDURES SET BELOW. THE PARTIES ACKNOWLEDGE AND AGREE THAT ANY SUCH CLAIMS
SHALL BE BROUGHT SOLELY IN THE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE PROCEEDING, OR
PRIVATE ATTORNEY GENERAL CAPACITY. THE PARTIES FURTHER AGREE THAT THE
ARBITRATOR SHALL NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND SHALL NOT
OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE
PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL.
ANY CONTROVERSY CONCERNING WHETHER A DISPUTE IS ARBITRABLE SHALL BE DETERMINED
BY THE ARBITRATOR AND NOT BY THE COURT. JUDGMENT UPON ANY AWARD RENDERED BY THE
ARBITRATOR MAY BE ENTERED BY A Wyoming STATE OR FEDERAL COURT HAVING
JURISDICTION THEREOF. THIS ARBITRATION CONTRACT IS MADE PURSUANT TO A
TRANSACTION IN INTERSTATE COMMERCE AND ITS INTERPRETATION, APPLICATION,
ENFORCEMENT AND PROCEEDINGS HEREUNDER SHALL BE GOVERNED BY THE FEDERAL
ARBITRATION ACT (“FAA”).
9.2. The following procedures shall apply:
9.2.1. Any party that intends to make a claim shall first notify
the opposing party in writing of such intention and shall describe in such
notice, with reasonable particularity, the nature and basis of such claim, and
the total amount of the claim. Within thirty (30) days of receipt of such
notice, the party receiving notice of a claim shall provide a written response
which, with reasonable particularity, sets forth its position concerning the
claim. If the parties are unable to resolve the dispute arising from the claim
by good faith negotiations to be conducted within the thirty (30)-day period
following the written response, either of them may initiate binding arbitration
pursuant to the terms and conditions set forth below.
9.2.2. In the event a party elects to proceed with binding
arbitration, it shall provide written notice thereof to the other party by
registered or certified mail. The arbitration shall be conducted in the state
of California, but may proceed telephonically in the event the total amount of
the claim does not exceed $2,500 U.S. dollars (if the claimant so chooses).
9.2.3. Separate and apart from the agreement to arbitrate set
forth above, the parties hereby independently waive any right to bring or
participate in any class action in any way related to, or arising from, this
Disclaimers and Exclusions
10.1. DISCLAIMER OF WARRANTIES. The Write Services, LLC PROVIDES
THE WEBSITE, SERVICES, AND ALL CONTENT ON AN “AS IS” AND “AS AVAILABLE” BASIS. The
Write Services, LLC DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, SERVICES,
OR WEBSITE CONTENT, OR USE THEREOF: (i) WILL BE UNINTERRUPTED, (ii) WILL BE
FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL
OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. The
Write Services, LLC MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS
MEMBERSHIP AGREEMENT, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES,
INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE,
MERCHANTABILITY, AND NON-INFRINGEMENT.
10.2. EXCLUSION OF DAMAGES. The Write Services, LLC WILL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT,
PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST
DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE
OF THE WEBSITE OR SERVICES, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
10.3. LIMITATION OF LIABILITY. IN NO EVENT WILL The Write
Services, LLC’ LIABILITY IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES
EXCEED THE LESSER OF (i) THE AMOUNT PAID TO The Write Services, LLC BY YOU
DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH
LIABILITY, OR (ii) ONE HUNDRED DOLLARS ($100).
11.1. You must indemnify and hold The Write Services, LLC and
its employees, representatives, agents, affiliates, directors, officers,
managers and shareholders (the “Parties”) harmless from any damage, loss, or
expense (including without limitation, attorneys’ fees and costs) incurred in connection
with any third-party claim, demand or action (“Claim”) brought against any of
the Parties alleging that you have breached any of provision in this Membership
Agreement through any act or omission. If you have to indemnify The Write
Services, LLC under this section, The Write Services, LLC will have the right
to control the defense, settlement, and resolution of any Claim at your sole
expense. You may not settle or otherwise resolve any Claim without the express
written permission of The Write Services, LLC.
12.1. Termination. You agree that, under certain circumstances
and without prior notice, The Write Services, LLC may suspend or terminate your
use of the Website or Services, including without limitation, if The Write
Services, LLC believes, in its sole and absolute discretion, that you have
breached a term of this Membership Agreement. You acknowledge and agree that
all suspensions and terminations shall be made in The Write Services, LLC’ sole
discretion and that The Write Services, LLC shall not be liable to you or any
other party for said suspension or termination.
12.2. Survival. Upon termination, your license to use the
Website, Services, and everything accessible by or through the Website or
Services shall terminate and the remaining provisions of this Membership
Agreement shall survive indefinitely unless and until The Write Services, LLC
chooses to terminate them.
12.3. Effect of Termination. Upon termination of any part of
this Agreement for any reason, The Write Services, LLC may delete or assume ownership
of any Content or other things—including without limitation URLs, domain names,
and email lists—relating to your use of the Website or Services that is on The
Write Services, LLC’ servers or otherwise in The Write Services, LLC’
possession or control, and The Write Services, LLC will have no liability to
you or any third party for doing so.
13.1. All notices required or permitted to be given under this
Membership Agreement will be in writing and delivered to the other party by any
of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii)
electronic mail. If you give notice to The Write Services, LLC, you must use
the following address: Ryve Media, 6503 Falls Church St, San Antonio, TX,
78247. If The Write Services, LLC provides notice to you, The Write Services,
LLC will use the contact information provided by you. All notices will be deemed
received as follows: (i) if by delivery by U.S. mail, seven (7) business days
after dispatch, (ii) if by overnight courier, on the date receipt is confirmed
by such courier service, or (iii) if by electronic mail, 24 hours after the
message was sent, if no “system error” or other notice of non-delivery is
generated. If applicable law requires that a given communication be “in
writing,” you agree that email communication will satisfy this requirement.
Notification of Claims of Infringement
14.1. The Write Services, LLC respects the intellectual property
of others, and asks users to do the same. The Write Services, LLC may, in
appropriate circumstances and at its discretion, terminate service to users who
infringe the intellectual property rights of others. If you believe that your
work has been copied in a way that constitutes copyright infringement, please
contact The Write Services, LLC’ designated agent to receive notice of claimed
infringement: The Write Services, LLC. Provide the following information required
by the Digital Millennium Copyright Act, 17 U.S.C. § 512: (i) an electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright interest; (ii) a description of the copyrighted work that you
claim has been infringed, including the URL (i.e., web page address) of the
location where the copyrighted work exists or a copy of the copyrighted work;
(iii) identification of the URL or other specific location on the Website where
the material that you claim is infringing is located; (iv) your address,
telephone number, and email address; (v) a statement by you that you have a
good faith belief that the disputed use is not authorized by the copyright
owner, its agent, or the law; (vi) a statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner’s behalf.
15.1. This Membership Agreement will be binding upon each party
hereto and its successors and permitted assigns, and governed by and construed
in accordance with the laws of the State of Wyoming without reference to
conflict of law principles. This Membership Agreement will not be assignable or
transferable by you without The Write Services, LLC’ prior written consent.
This Membership Agreement (including all of the policies and other Agreements
described in this Membership Agreement, which are hereby incorporated herein by
this reference) contain the entire understanding of the parties regarding its
subject matter, and supersedes all prior and contemporaneous agreements and
understandings between the parties regarding its subject matter. No failure or
delay by a party in exercising any right, power or privilege under this
Membership Agreement will operate as a waiver thereof, nor will any single or
partial exercise of any right, power or privilege preclude any other or further
exercise thereof or the exercise of any other such right, power, or privilege.
Any rights not expressly granted herein are reserved. You and The Write
Services, LLC are independent contractors and independent businesses, and no
agency, partnership, joint venture, or employee-employer relationship is
intended or created by this Membership Agreement. The invalidity or unenforceability
of any provision of this Membership Agreement will not affect the validity or
enforceability of any other provision of this Membership Agreement, all of
which will remain in full force and effect. If you have questions or concerns
regarding this Membership Agreement, you should contact The No Pants
Project by emailing [email protected] and writing
“Membership Agreement” in the subject line.
are concerned with how their ‘Personally identifiable information’ (PII) is
being used online. PII, as used in US privacy law and information security, is
information that can be used on its own or with other information to identify,
contact, or locate a single person, or to identify an individual in context.
collect, use, protect or otherwise handle your Personally Identifiable
Information in accordance with our website.
What personal information do we collect from the people that
visit our blog, website or app?
When ordering or registering on our site, as appropriate, you
may be asked to enter your name, email address or other details to help you
with your experience.
do we collect information?
We collect information from you when you register on our site,
fill out a form or enter information on our site.
do we use your information?
We may use the information we collect from you when you
register, make a purchase, sign up for our newsletter, respond to a survey or
marketing communication, surf the website, or use certain other site features
in the following ways:
• To personalize user’s experience and to allow us to deliver
the type of content and product offerings in which you are most interested.
• To improve our website in order to better serve you.
• To allow us to better service you in responding to your
customer service requests.
• To administer a contest, promotion, survey or other site
• To quickly process your transactions.
• To send periodic emails regarding your order or other products
do we protect visitor information?
We do not use vulnerability scanning and/or scanning to PCI
Your personal information is contained behind secured networks
and is only accessible by a limited number of persons who have special access
rights to such systems, and are required to keep the information confidential.
In addition, all sensitive/credit information you supply is encrypted via
Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user places
an order enters, submits, or accesses their information to maintain the safety
of your personal information.
All transactions are processed through a gateway provider and
are not stored or processed on our servers.
we use ‘cookies?’
Yes. Cookies are small files that a site or its service provider
transfers to your computer’s hard drive through your Web browser (if you allow)
that enables the site’s or service provider’s systems to recognize your browser
help us remember and process the items in your shopping cart. They are also
used to help us understand your preferences based on previous or current site
activity, which enables us to provide you with improved services. We also use
cookies to help us compile aggregate data about site traffic and site
interaction so that we can offer better site experiences and tools in the
• Help remember and process the items in the shopping cart.
• Understand and save user’s preferences for future visits.
• Keep track of advertisements.
• Compile aggregate data about site traffic and site
interactions in order to offer better site experiences and tools in the future.
We may also use trusted third party services that track this information on our
You can choose to have your computer warn you each time a cookie
is being sent, or you can choose to turn off all cookies. You do this through
your browser (like Internet Explorer) settings. Each browser is a little
different, so look at your browser’s Help menu to learn the correct way to
modify your cookies.
If users disable cookies in their browser:
If you disable cookies off, some features will be disabled. It
will turn off some of the features that make your site experience more
efficient and some of our services will not function properly.
you can still place orders
We do not sell, trade, or otherwise transfer to outside parties
your personally identifiable information.
Occasionally, at our discretion, we may include or offer third
party products or services on our website. These third party sites have
separate and independent privacy policies. We therefore have no responsibility
or liability for the content and activities of these linked sites. Nonetheless,
we seek to protect the integrity of our site and welcome any feedback about
Google’s advertising requirements can be summed up by Google’s
Advertising Principles. They are put in place to provide a positive experience
for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We have not enabled Google AdSense on our site but we may do so in
We don’t need them.
(Children Online Privacy Protection Act)
When it comes to the collection of personal information from
children under 13, the Children’s Online Privacy Protection Act (COPPA) puts
parents in control. The Federal Trade Commission, the nation’s consumer
protection agency, enforces the COPPA Rule, which spells out what operators of
websites and online services must do to protect children’s privacy and safety
We do not specifically market to children under 13.
The Fair Information Practices Principles form the backbone of
privacy law in the United States and the concepts they include have played a
significant role in the development of data protection laws around the globe.
Understanding the Fair Information Practice Principles and how they should be
implemented is critical to comply with the various privacy laws that protect
In order to be in line with Fair Information Practices we will
take the following responsive action, should a data breach occur:
will notify the users via email
• Within 1 business day
will notify the users via in site notification
• Within 1 business day
We also agree to the individual redress principle, which
requires that individuals have a right to pursue legally enforceable rights
against data collectors and processors who fail to adhere to the law. This
principle requires not only that individuals have enforceable rights against
data users, but also that individuals have recourse to courts or a government
agency to investigate and/or prosecute non-compliance by data processors.
The CAN-SPAM Act is
a law that sets the rules for commercial email, establishes requirements for
commercial messages, gives recipients the right to have emails stopped from
being sent to them, and spells out tough penalties for violations.
collect your email address in order to:
• Send information, respond to inquiries, and/or other requests
• Process orders and to send information and updates pertaining
• We may also send you additional information related to your
product and/or service.
• Market to our mailing list or continue to send emails to our
clients after the original transaction has occurred
be accordance with CAN-SPAM we agree to the following:
• NOT use false, or misleading subjects or email addresses
• Identify the message as an advertisement in some reasonable
• Include the physical address of our business or site
• Monitor third party email marketing services for compliance,
if one is used.
• Honor opt-out/unsubscribe requests quickly
• Allow users to unsubscribe by using the link at the bottom of
at any time you would like to unsubscribe from receiving future emails, you can
• Follow the instructions at the bottom of each email.