This website, as well as all associated mobile sites and mobile applications (collectively referred to as “Site(s)”) is operated by Creative Writer Software, LLC (“us/we/our”). “You/your” means you as a user of the Site(s). “User” means all users of this Site(s). We offer this Site(s), including all information, products and services available from this Site(s), to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated herein. YOUR CONTINUED USE OF THIS SITE(S) CONSTITUTES YOUR AGREEMENT TO THESE TERMS OF SERVICE.
By accessing this Site(s), you agree to be bound by the Terms of Service set forth herein. If there is anything you do not understand, please email any inquiry to firstname.lastname@example.org. If at any time you do not agree to these Terms of Service, please do not use this Site(s).
YOU SHALL NOT USE THE SITE(S) FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU SHALL NOT USE THE SITE(S) IN A WAY THAT MAY CAUSE THE SITE(S) TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE SITE(S) IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE SITE(S).
1. Intellectual Property Ownership and Use
1.1 You acknowledge and agree that all of our trademarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within this Site(s) shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content.
1.2 We grant you the limited right to access and make use of the Site(s) as our User. However, you shall not: a) reproduce, duplicate, copy, sell or otherwise exploit the Site(s) or any image, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose; b) use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Site Content; c) use any meta tags, search terms, key terms, or the like that contain the Site(s)’s name or our trademarks; d) engage in any activity that interferes with the Site(s) or another user’s ability to use the Site(s); e) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site(s) and the goods or services offered on the Site(s); or f) assist or encourage any third party in engaging in any activity prohibited by these Terms of Service.
1.3 You may not shall not use, copy, distribute, or exploit any of the Site Content in any manner without our prior written permission.
1.4 All Site Content and all materials and content contained within the Site(s), including but not limited to the text, graphics, logos, icons, images, audio clips, video clips, articles, posts and data appearing on the Site(s), are owned by us, or used by us under authorization, and are protected by U.S. and foreign trademark and copyright laws, among other rights. No portion of the materials or content on these pages may be reprinted or republished in any form without our express written permission.
2. Infringement Notice
2.1 We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Site(s), please notify us by sending an email at the following address: email@example.com.
2.2 In order for us to more effectively assist you, the notification must include all of the following:
a. A physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf;
b. A description of the copyrighted work or other right you claim has been infringed or violated;
c. Information reasonably sufficient to locate the material in question on the Site(s);
d. Your name, address, telephone number, e-mail address and all other information reasonably sufficient to permit us to contact you;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.
3. Errors and Inaccuracies
3.1 We strive to provide complete, accurate, up-to-date information on the Site(s). Unfortunately, despite those efforts, human or technological errors may occur. The Site(s) may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability of products or the events we promote, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice.
3.2 You acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Site(s).
3.3 IF YOU BELIEVE THAT A PRODUCT OFFERED BY US IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO US FOR A REFUND.
3.4 Force Majeure. We will not be liable to you for any delay or failure to perform any obligation or services related to the Site(s) if the delay or failure results from any cause beyond such ours reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
3.5 At times, it is necessary for Episode Control to provide updates and/or maintenance to the Software and Episode Control’s services, in which event the Software may not be accessible to you. Episode Control will use commercially reasonable efforts to provide notice to you in such instances.
4. Changes to Site(s) or These Terms of Service
4.1 Other than as may be required by law, we reserve the right to modify or withdraw, temporarily or permanently, the Site(s) (or any part of) with or without notice to you, and you confirm that we shall not be liable to you or any third party for any modification to withdraw or withdrawal of the Site(s) or any portion of it.
4.2 We may alter these Terms of Service from time to time, and your use of the Site(s) (or any part of the Site(s)) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Service have been changed. If you do not agree to any change to the Terms of Service then you must immediately stop using the Site(s).
4.3 The Site(s) is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Site(s) or because of a failure, suspension or withdrawal of all or part of the Site(s).
5. External Sites and Resources
We are not responsible for the availability of any Site(s) owned or controlled by third-parties. We do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of any third party Site(s)s, including (without limitation) any advertising, products or other materials or services on or available from such Site(s)s or resources and/or spam, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such third-party external sites or resources.
6. Orders, Price and Resale
Nothing on the Site(s) constitutes a binding offer to sell products described on the Site(s) or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. The prices displayed on the Site(s) are quoted in U.S. dollars and must be paid in U.S. dollars. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account.
7. Services Offered/User Content
7.1 The Site(s) contains or may contain various interactive portions, such as a user forum, comments and/or sharing of videos, message board(s) or other types of interactive features that allow users to post, share and/or like content available on our Site(s) (“User Content”) and/or to report content that violates these Terms of Service (“Online Services”). We have no obligation to actively feature, monitor, remove and/or share the Online Services, but we reserve the right to do so. We are not responsible for, nor do we vouch for the accuracy and/or appropriateness of the content of any User Content, comments and/or or other content that may be posted or uploaded by a user. User Content, including comments and other content generated, posted and/or uploaded by a user express the views and opinions of the user and do not necessarily reflect our views or opinions. We reserve the right but not the obligation, in our sole discretion, to edit, delete, or refuse to post User Content, for any reason whatsoever.
7.2 If you believe that any User Content violates these Terms of Service, you may report such content as objectionable and/or contact us by use of the menu functions and/or sending an email to firstname.lastname@example.org. Please provide us with detailed information about the nature and location of the alleged objectionable material so that we may easily locate and investigate the same.
7.3 By using this Site(s), you agree that:
a. You will not upload, post, email or otherwise transmit any material or other content that: (i) is or promotes conduct and/or activity that is false, misleading, illegal, obscene, defamatory, libelous, disruptive, threatening, invasive of a person’s privacy, harmful, abusive, harassing or advocates harassment of another, obscene, hateful, or racially, ethnically or otherwise objectionable; or that otherwise violates any applicable law, rule, regulation or guideline; (ii) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iii) infringes any person or entity’s intellectual property rights (including but not limited to, patent, trademark, trade secret, copyright or other intellectual property right); (iv) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); (v) provides material that exploits anyone in a sexual or violent manner, or solicits personal information from anyone; (vi) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; (vii) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (viii) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; and/or (ix) uses sexually suggestive imagery, nudity, pornography or any other unfair, misleading or deceptive content, including that which may be intended to draw traffic to a personal profile and/or content.
b. You will not engage in advertising to, or solicitation of, any user of the Site(s) to buy or sell any products or services. You may not transmit any chain letters or junk email to other users of the Website(s).
c. Any automated use of the Site(s) is prohibited.
d. You may not attempt to impersonate another registered User or any other person who is not a registered user of the Site(s).
e. You may not use the account, user name, or password of another registered user at any time nor may you disclose your password to any third party or permit any third party to access your account.
f. You may not sell or otherwise transfer your personal profile.
g. You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity.
h. You will not repeatedly post the same or similar message (“flooding”) or post excessively large or inappropriate images or content.
d. You will not distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including but not limited to, junk mail, spam and chain letters.
7.4 You should be very careful about posting (and may choose not to post) personally identifiable information such as your name, address, telephone number or email address in the event you engage in any publicly accessible services on the Website(s), for example, user reviews, if or when any such services or activities are available.
7.5 You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, regardless of whether such use is authorized by you or not.
7.6 If you submit any User Content to this Site(s), you grant to us, and any of our successors, licensees, assigns, and affiliates, a royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display the User Content, and in any other media, now known or hereafter devised.
7.7 If you choose to communicate or meet with other users of the Site(s), you are doing so at your own risk. We do not, and have no obligation to, verify the identity of or otherwise screen our users for any reason. You acknowledge that there are risks, including the risk of physical harm, when dealing with strangers or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you may come in contact through the Site(s).
8. Sales and Returns
8.1 We accept credit cards for our products through our third-party payment processor(s). Please be sure to provide your exact billing address and telephone number (i.e. the address and phone number your credit card bank has on file for you). Incorrect information will cause a delay in processing your order. Your credit card will be billed when you purchase a license to use the applicable Episode Control Software and/or services.
8.3 For a multiple product orders, our order processing company will make every attempt to ship all products contained in the order at the same time. Products that are unavailable at the time of shipping will be shipped as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you on your purchase receipt. The entirety of this shipping charge may be applied to the first product(s) shipped on a multiple shipment order.
8.4 Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any item.
8.5 Your order will ship as it becomes available, and our order processing company will make every effort to ship your order as quickly as possible. There may be times when a product you have ordered is out-of-stock, which will delay fulfilling your order. You will be informed of any products that you have ordered that are out-of-stock and unavailable for immediate shipment. You may cancel your order at any time prior to shipping. We cannot guarantee when an order will arrive. Consider any shipping or transit time offered to you by us only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability
8.6 Your credit card may be automatically charged for all applicable sales taxes; however, it is your responsibility as the customer to report any purchases of tangible personal property that have not been taxed by us and pay the sales or use tax on those purchases unless exempt under local state law. You are responsible for all taxes.
8.7 If you bought your license directly from the Site(s), and you are not satisfied with your purchase within thirty (30) days of your purchase (unless otherwise stated on the sales page at the time of purchase, in which case the time stated on the sales page shall take precedence), whichever comes first, you may return your license for a full refund. Refunds will be made in the same manner as the original purchase.
8.8 For instructions on how to receive a refund and refund and refund confirmation number, please contact us at email@example.com. Please note we are not responsible for any costs associated with returns and/or any refunds unless specified in writing.
8.9 Upon approval of a refund by Episode Control or termination or expiration of your license, your access to the Software will cease and your account closed. YOU WILL LOSE ALL ACCESS TO YOUR CONTENT AND TO YOUR ACCOUNT AND EPISODE CONTROL HAS NO OBLIGATION TO PRESERVE, SAVE, COPY OR OTHERWISE HOLD YOUR CONTENT OR YOUR CONFIDENTIAL INFORMATION WHICH MAY IN EPISODE CONTROL’S SOLE DISCRETION BE DESTROYED OR DELETED.
8.10 Term of License: The license granted under these TOS constitutes the purchase of a yearly subscription, which shall continue in perpetuity following your initial purchase, and will continue to charge a yearly subscription fee every year on the anniversary of your initial purchase until such time that you cancel your subscription, or, in the event of non-payment, when your account is 30 (thirty) days in arrears.
9.1 WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO THE ACCURACY OF ANY INFORMATION ON THE SITE(S). THE SITE(S) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION. WE MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE SITE(S), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, ACCURACY, CONDITION OR COMPLETENESS, OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OR TRADE.
9.2 WE MAKE NO WARRANTY THAT THE SITE(S) WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE(S) OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR ARE FULLY FUNCTIONAL, ACCURATE, OR RELIABLE.
10. Limitations on Liability
WE WILL NOT BE LIABLE FOR ANY ECONOMIC LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF REVENUES, PROFITS, CONTRACTS, BUSINESS OR ANTICIPATED SAVINGS) OR ANY LOSS OF GOODWILL OR REPUTATION, OR ANY LOSS OR CORRUPTION OF DATA, OR ANY SPECIAL OR INDIRECT OR CONSEQUENTIAL LOSSES ARISING OUT OF YOUR USE OF THE SITE(S); IN ANY CASE WHETHER OR NOT SUCH LOSSES WERE WITHIN THE CONTEMPLATION OF US AT THE DATE ON WHICH THE EVENT GIVING RISE TO THE LOSS OCCURRED.
YOU AGREE TO BE FULLY RESPONSIBLE FOR (AND FULLY INDEMNIFY US AGAINST) ALL CLAIMS, LIABILITY, DAMAGES, LOSSES, COSTS AND EXPENSES, INCLUDING LEGAL FEES, SUFFERED BY US AND ARISING OUT OF ANY USER CONTENT YOU POST TO THE SITE(S) AND ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES OR THESE TERMS OF SERVICE BY YOU OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THE SITE(S), OR THE USE BY ANY OTHER PERSON ACCESSING THE SITE(S) USING YOUR COMPUTER OR INTERNET ACCESS ACCOUNT.
All disputes between you and us will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of us or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:
(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in or nearest to Montvale, New Jersey.
(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
(e) Costs and Fees. You will be subject to a $250 filing fee or the applicable filing fee at the time to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, with us remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.
(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
(i) Class Action Waiver. The parties further expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
13. Investigations of Violations of These Terms
We may investigate any reported violation of these Terms of Service and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
14. Notice for California Users
Under California Civil Code Section 1789.3, residents of California who use this Site(s) are entitled to know that they may file grievances and complaints with: the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at firstname.lastname@example.org.
15.1 If any part of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Service and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Service.
15.3 You may send us notices or communicate with us by email at email@example.com. If you send us an email that asks for a response, and you do not receive a response within ten (10) business days, please send us another email as we may not have received your previous email. When you send e-mail to us, you are communicating with us electronically, and you agree that we may communicate with you electronically. You acknowledge that that communications by email are not considered confidential communications. Therefore, please do not send us any confidential information by email
If you have any questions about these Terms of Service, please send an email to firstname.lastname@example.org or write to us at: Episode Control c/o Creative Writer Software, LLP, 155 Chestnut Ridge Road, Montvale, NJ 07645, ATTN: Customer Service, and include your name, mailing address and email address in the message.
DATE LAST MODIFIED: January 21, 2019