Terms of Service

Last updated June 27, 2016

A. ACCEPTANCE OF TERMS

  1. By using and/or visiting this website, herein called the “WTW Website” (defined to collectively include (i) all content available through the Writetheworld.com domain name and any country-specific domains or subdomains thereof and (ii) any services provided by Write the World LLC (“WTW”) from time to time), you signify your agreement to (1) these terms and conditions (the "Terms of Service"), and (2) WTW's Privacy Policy, available at: https://writetheworld.com/privacy (the “Privacy Policy”). If you do not agree to any of these Terms of Service or the Privacy Policy, please do not use the WTW Website. Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version. WTW may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
  2. By purchasing products for sale on the WTW Website or by subscribing for the Program and/or any Continuing Services (each as defined in Section C below), you signify your agreement to these Terms of Service and each of the terms set forth in Section C below governing such purchase or subscription for the Program and/or the Continuing Services, as applicable.

B. WEBSITE

  1. These Terms of Service apply to all users of the WTW Website, including users who are purchasers of products and services pursuant to Section C below and users who are contributors of text content, information, and other materials or services on WTW.
  2. The WTW Website may contain links to third party websites that are not owned or controlled by WTW. WTW has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, WTW will not and cannot censor or edit the content of any third-party site. By using the WTW Website, you expressly relieve WTW from any and all liability arising from your use of any third-party website.

C. PAID SERVICES AND TRANSACTIONS

  1. General.
    1. All fees or other amounts payable to WTW in connection with your purchase of products or services from WTW, including but not limited to (i) the WTW College Essay Program (the “Program”) and (ii) continuing coaching and advisory services thereafter (such services, “Continuing Services”), shall be due and payable in full in U.S. dollars (without deduction of any charges, taxes or other amounts) upon such initial purchase or subscription, in each case via the WTW Website. WTW may impose or deduct foreign currency processing costs on or from any payments made to WTW in currencies other than U.S. dollars. The total price paid to WTW will include the price of the product(s) purchased or the services subscribed for, plus any applicable taxes based on the billing address provided to WTW at the time of payment.
    2. By submitting payment to WTW via the WTW Website, you hereby (i) represent and warrant that you are at least eighteen (18) years of age and are submitting such payment to WTW via an account held by you on behalf of yourself or the individual participating in the Program or Continuing Services, as applicable; (ii) authorize WTW to charge the payment method provided to WTW (e.g., PayPal, credit card, or debit card) for the total amounts payable to WTW; (iii) agree to provide customary billing information such as your name, billing address and other relevant information to WTW or its third-party payment processor; and (iv) understand that WTW shall not be responsible for any fees charged to you by your bank, credit card company, or other currency provider in connection with any payments submitted to WTW, and that WTW disclaims all liability with respect to the accrual or payment of any such fees.

2. College Essay Program and Continuing Services

    1. Advisor Matching.
      1. Following your registration with WTW and subscription for the Program, WTW, in its sole discretion, will match you with an advisor who will coordinate your progression through the Program. Except with respect to biographical information for each advisor set forth on the WTW Website, WTW makes no representation or warranty regarding the qualifications or expertise of any advisor assigned to you in connection with the Program or any Continuing Services.
      2. Following the conclusion of the Program, you may elect to subscribe for Continuing Services with your existing advisor, or you may request to be assigned a different advisor, subject to the terms and conditions of paragraph (a)(i) above.
      3. In the event that you, as a parent or guardian of a Program or Continuing Services participant, have questions regarding the Program or the Continuing Services, your assigned advisor will be your first point of contact with respect to such questions. If you have a question that you do not feel is appropriate to ask your assigned advisor, you may direct such question to hello@writetheworld.com.
    2. Service Level Commitment
      1. WTW shall use commercially reasonable efforts to ensure that the WTW Website maintains reasonably uninterrupted functionality and availability for Program and Continuing Services participants, and will make reasonable efforts to provide advance notice to such participants of any scheduled downtime to the WTW Website. In the event that you are unable to access or complete one or more modules of the Program due to unscheduled downtime of the WTW Website or other technical issues related to WTW’s hosting partners, servers, or other technical aspects of the WTW platform, you shall be permitted to re-take such module(s).
      2. Notwithstanding the foregoing, WTW shall have no responsibility for any technical issues you may encounter while using the Program or any Continuing Services that are outside of WTW’s control, including but not limited to: (i) issues with the device(s) used by you to access the WTW website; or (ii) your access to the internet.
    3. Termination and Cancellation
      1. College Essay Program. You may elect to terminate your participation in the Program within twenty-four (24) hours of your first video conference with your assigned Program advisor (such period, the “Program Cancellation Period”), and WTW will refund your initial subscription fee in full within ten (10) business days of such cancellation by the same payment method made to subscribe for the Program. Following the Program Cancellation Period, no refunds will be provided for any Program subscription fees, and any non-use by you of the features or offerings of the Program will in no way entitle you to any refunds, pro-rated or otherwise, of any fees previously paid by you to WTW. Any cancellation by you during the Program Cancellation Period must be made in writing by e-mail to hello@writetheworld.com and clearly identify the name and contact information of the Program participant whose Program subscription is being canceled.
      2. Continuing Services. Continuing Services shall be provided following the conclusion of the Program in hourly or per-session increments as offered on the WTW Website from time to time. Any fees prepaid to WTW in connection with Continuing Services shall be non-refundable, and any non-use of such services shall in no way entitle you to substitute or replacement services provided by WTW.
      3. Termination by WTW. WTW may elect to terminate your participation in the Program or the Continuing Services in the event that you violate any of these Terms of Service, including, without limitation Section D “User Submissions and Conduct”. In the event that WTW terminates your participation in the Program or the Continuing Services pursuant to the preceding sentence, you shall not be entitled to any refund for prepaid fees or any substitute or replacement services provided by WTW.
    4. By subscribing for the Program or any Continuing Services, you hereby agree and confirm that your use of such services shall be governed by these Terms of Service.

D. USER SUBMISSIONS AND CONDUCT

  1. As a WTW account holder you may submit textual, audio, visual, or audiovisual content including but not limited to stories, poetry, polls, profile images, forum messages, comments, or reviews. User submitted content are collectively referred to as "User Submissions." You understand that whether or not such User Submissions are published, WTW does not guarantee any confidentiality with respect to any User Submissions; provided, however, that User Submissions generated in connection with the Program or any Continuing Services (“Program Submissions”) shall only be disclosed by WTW: (i) internally among WTW and its employees, advisors, consultants, and other affiliates for purposes of providing, implementing, and improving the Program and the Continuing Services (the “Permitted Purposes”); (ii) with the User’s prior written consent; or (iii) in order to comply with a subpoena, court order, or to otherwise comply with applicable law.
  2. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize WTW to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions and have all necessary consents to collect, use and disclose any personally identifiable information contained or displayed in any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the WTW Website and these Terms of Service.
  3. For clarity, you retain all of your ownership rights in your User Submissions. However, except as provided below, by submitting User Submissions to WTW, you hereby grant WTW a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform the User Submissions in connection with the WTW Website and its affiliates. With respect to any User Submissions that are not Program Submissions, you also hereby waive any moral rights you may have in such User Submissions and grant each user of the WTW Website a non-exclusive license to access such User Submissions through the WTW Website. Notwithstanding the foregoing, WTW shall not reproduce, distribute, display, or perform any Program Submissions except for the Permitted Purposes without the prior written consent of the User responsible for such Program Submission(s). You understand and agree that WTW may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted from the WTW Website.
  4. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner and the necessary consents from any individuals whose personally identifiable information is contained in such material to post the material and to grant WTW all of the license rights granted herein.
  5. WTW does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and WTW expressly disclaims any and all liability in connection with User Submissions. WTW does not permit copyright infringing activities and infringement of intellectual property rights on the WTW Website, and WTW will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights or contravenes any applicable privacy legislation. WTW reserves the right to remove Content and User Submissions without prior notice.
  6. With respect to any Content falling into the following categories, WTW retains the right to: (i) remove such Content from the WTW Website and (ii) terminate the account of any WTW account holder who creates or uploads such Content, or who, during the Program or any Continuing Services, engages in any behavior falling into these categories, in each case as determined by WTW in its sole discretion:
    1. Hate speech against individuals or groups, on the basis of race, ethnic origin, religion, disability, gender, age, or sexual orientation
    2. Abusive language
    3. Cyber-bullying
    4. Pedophilia
    5. Explicit content with the sole purpose of intending to arouse
    6. Rape or non-consensual sex
    7. Glorification of any illegal act
    8. Self-harm and suicide
    9. Plagiarism, or entering another person’s content in any form as your own without proper citation or acknowledgment
    10. Any other inappropriate or illegal content
  7. Users participating in the Program or any Continuing Services shall follow the guidance of their assigned advisor in good faith, complete all activities and/or module(s) thereof within a reasonable time consistent with the deadlines specified by the Program or such User’s advisor, and shall conduct themselves in a courteous and respectful manner while engaging with such advisor and the greater WTW Website community. Upon any violation by a User of this Section D. 7, as determined by the WTW Website in its reasonable discretion, the WTW Website may terminate such User’s account and such User’s further participation in the Program and/or any Continuing Services, as provided in Subsection C.2.c.iii above.

E. ACCOUNTS

  1. In order to access some features of the WTW Website, you will have to create a WTW account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify WTW immediately of any breach of security or unauthorized use of your account.
  2. Although WTW will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of WTW or others due to such unauthorized use.
  3. You will not create an account if you are under 13 years of age.
  4. You will not use WTW if you are a convicted sex offender.
  5. You are encouraged to create no more than one account. Using multiple accounts for any malicious activity will result in immediate account termination.
  6. Except as otherwise provided herein with respect to the Program and the Continuing Services, the administration of the WTW Website reserves the right to terminate any account without notice.

F. ACCOUNT TERMINATION POLICY

  1. WTW will terminate a User's access to the WTW Website if, under appropriate circumstances, the User is determined to be an infringer.
  2. WTW reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. WTW may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

G. COPYRIGHT POLICY

  1. As part of WTW’s copyright policy, WTW may terminate user access to the WTW Website if a user has been determined to be an infringer. To file a copyright infringement notification with us, you will need to send a communication to us with all of the following information in it, using this format:
    1. Include a statement telling us that you have found content on WTW which you believe infringes your copyright (for example, "I hereby confirm that I believe the story identified below infringes my copyright").
    2. Tell us which country your copyright applies to.
    3. Tell us the title of the content concerned and the full URL for its page.
    4. Explain to us in what way that content infringes your copyright (e.g. the text is copied, the entire story is a copy of an original work made by you, etc.)
    5. Identify the type (e.g. a book, a short story, a poem, etc.). and details of (e.g. title, publisher, dates, etc.) the copyright work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
    6. Let us have contact information so that we can get in touch with you (email address is preferred).
    7. Let us have the contact information which we can pass on to the submitter of the content concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
    8. Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law. I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use."
    9. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
    10. Send the notice, in English, to support@writetheworld.com
    11. Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
  2. Make sure you know whether the content that you have seen on WTW infringes your copyright. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.
  3. If you submit a User Submission to the WTW Website then you authorize WTW to act as your agent to issue take down notices under the Digital Millennium Copyright Act (the “DMCA”) and/or any other similar legislation that allows for the submission of requests to Internet service providers for the removal of infringing or allegedly infringing copyright materials that are contained in or displayed on such service providers platforms and/or services. In general you will be responsible for monitoring and enforcing your rights in your User Submissions, however, in certain cases if WTW becomes aware of infringement of User Submissions and/or Content from the WTW Website, then WTW may in its sole discretion elect to issue take down notices under the DMCA or similar legislation to attempt to curtail such infringement.

H. GENERAL USE OF THE WTW WEBSITE

  1. WTW hereby grants you permission to access and use the WTW Website as set forth in these Terms of Service, provided that:
    1. You agree not to distribute in any medium any part of the WTW Website, including but not limited to User Submissions (defined above), without WTW's prior written authorization.
    2. You agree not to alter or modify any part of the WTW Website.
    3. You agree not to access User Submissions (defined above) or WTW Content through any technology or means other than the WTW Website itself.
    4. You agree not to use the WTW Website for any commercial use, without the prior written authorization of WTW. Prohibited commercial uses include any of the following actions taken without WTW's express approval:
      1. sale of access to the WTW Website or its related services on another website; use of the WTW Website or its related services for the primary purpose of gaining advertising or subscription revenue;
      2. the sale of advertising, on the WTW Website or any third-party website, targeted to the content of specific User Submissions or WTW content;
      3. and any use of the WTW Website or its related services that WTW finds, in its sole discretion, to use WTW's resources or User Submissions with the effect of competing with or displacing the market for WTW, WTW content, or its User Submissions.
    5. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the WTW Website in a manner that sends more request messages to the WTW servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, WTW grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. WTW reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the WTW Website, nor to use the communication systems provided by the WTW Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the WTW Website with respect to their User Submissions.
    6. In your use of the WTW Website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.
    7. WTW reserves the right to discontinue any aspect of the WTW Website at any time.

I. USE OF CONTENT ON THE SITE

  1. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the WTW Website.
    1. The content on the WTW Website, except all User Submissions (as defined above), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to WTW, subject to copyright and other intellectual property rights under the law. Content on the WTW Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, modified, produced, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, translated, published, performed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. WTW reserves all rights not expressly granted in and to the WTW Website and the Content.
    2. You may access User Submissions solely:
      1. for your information and personal use;
      2. as intended through the normal functionality of the WTW Website;
    3. You may access WTW Content, User Submissions and other content only as permitted under this Agreement. WTW reserves all rights not expressly granted in and to the WTW Content and the WTW Website.
    4. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the WTW Website for any commercial purposes.
    5. You agree not to circumvent, disable or otherwise interfere with security-related features of the WTW Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the WTW Website or the Content therein.
    6. You understand that when using the WTW Website, you will be exposed to User Submissions from a variety of sources, and that WTW is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WTW with respect thereto, and agree to indemnify and hold WTW, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

J. WARRANTY AND CONDITION DISCLAIMER

YOU AGREE THAT YOUR USE OF THE WTW WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WTW , ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND PARTNERS (INCLUDING MANUFACTURERS OF DEVICES THAT EXECUTE MOBILE APPLICATIONS ACCESSING WTW ) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER WRITTEN, ORAL, EXPRESS, IMPLIED, LEGAL, STATUTORY, CONTRACTUAL, EXTRA-CONTRACTUAL, DELICTUAL OR IN TORT, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS, THE WTW WEBSITE AND YOUR USE THEREOF OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE. WTW MAKES NO WARRANTIES, CONDITIONS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WTW WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WTW WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WTW WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 WTW WEBSITE. WTW EXPRESSLY DISCLAIMS ANY WARRANTY OR CONDITION OF ANY KIND OF FITNESS FOR A PARTICULAR OR GENERAL PURPOSE, QUALITY, MERCHANTABILITY, WORKMANSHIP, NON-INFRINGEMENT, OR TITLE AND OWNERSHIP. WTW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WTW WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WTW WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS ARE HEREBY DISCLAIMED.

K. LIMITATION OF LIABILITY

IN NO EVENT SHALL WTW, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY, PROPERTY, BODILY, MORAL OR MATERIAL DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WTW WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WTW WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WTW WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WTW WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ARISING BY LAW, STATUTE, USAGE OF TRADE, CUSTOM, COURSE OF DEALING OR PERFORMANCE, OR THE PARTIES' CONDUCT OR COMMUNICATION WITH ONE ANOTHER, OR AS A RESULT OF THE NATURE OF THESE TERMS AND CONDITIONS OR IN CONFORMITY WITH USAGE, EQUITY OR LAW OR OTHERWISE, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WTW’S TOTAL LIABILITY FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THE WTW WEBSITE OR THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO WTW DURING THE PRIOR TWELVE (12) MONTHS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WTW SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WTW makes no representations that the WTW Website is appropriate or available for use in their locations. Those who access or use the WTW Website do so at their own volition and are responsible for compliance with local law.

L. INDEMNITY

You agree to defend, indemnify and hold harmless WTW, its parent corporation, officers, directors, employees and agents, from and against any and all claims, demands, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses, (including but not limited to reasonable legal fees) arising from: (i) your use of and access to the WTW Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the WTW Website.

M. ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are either more than the age of majority in your jurisdiction of residence, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You affirm that you are over the age of 13, as the WTW Website is not intended for children under 13.

N. ASSIGNMENT

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WTW without restriction.

O. GENERAL

You agree that: the WTW Website shall be deemed a passive website that does not give rise to personal jurisdiction over WTW, either specific or general. These Terms of Service, together with the Privacy Policy and any other legal notices published by WTW on the WTW Website, shall constitute the entire agreement between you and WTW concerning the WTW Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and WTW's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Any use of the words “you” or “your” in these Terms of Service refers to the end user of the services provided by WTW and/or any parents or guardians of such end users assisting or supervising such end users in navigating and using the services provided by WTW, as applicable. WTW reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the WTW Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. TO THE MAXIMUM EXTENT PERMITTED BY LOCAL LAW, YOU AND WTW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WTW WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

CONTACT US

If you have questions about these Terms of Service or any other concerns related to the WTW Website, please email us at support@writetheworld.com.