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PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE OR REGISTERING FOR ANY ONLINE COURSE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE
These terms and conditions (the "Terms of Use") apply exclusively to your access to, and use of, the To Write Well ("TWW") Web site and any other Web site operated by TWW (collectively the "Sites") and to your participation in TWW online courses (the "TWW Courses"). These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with TWW or its affiliates products, services or otherwise. TWW is a private, educational organization founded on the belief that memorable writing is not a mystery, but a process of discovery; that it does not belong to a privileged few, but to those who have a desire to express their thoughts in a clear logical manner. Please note that TWW is not a vocational school and its courses are intended for recreational and educational purposes only. TWW reserves the right to amend at any time any terms and policies governing the Sites and participation in TWW Courses, including these Terms of Use, and the TWW Code of Conduct, by posting the amended terms and indicating the date of the last revision. The amended terms shall be effective immediately after they are initially posted on the Sites. If you do not accept the amended terms, you must cease using the Sites and cease all participation in any courses. If you have any questions regarding the use of the Sites, please direct such questions to the email address, director@towritewell.com. Our director will reply usually within two business days  TOP1. Limited License TWW grants you a limited license to make personal use only of the Sites. Such license is subject to these Terms of Use and does not include: (a) any resale or commercial use of the Sites or content therein; (b) the collection and use of any product listings, pictures or descriptions; (c) making derivative uses of the Site and its contents; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites or any information contained on the Sites, except as expressly permitted on the Sites; or (f) any use of the Sites other than for its intended purpose. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in under any patent, trademark, or proprietary right of TWW or any third party. TOP2. Course Registration Terms and Conditions By registering for classes, you agree to be bound by and accept the following terms and conditions: a. Refund Policy: We are aware that extenuating circumstances can force a change of plans. Please keep in mind that your paid registration guarantees you a place in our course(s); once the course has started, that place cannot be filled. However, if circumstances do require that you withdraw, or TWW needs to reschedule or cancel a course, the following refund policies apply: * If you withdraw within three (3) days of registration (based on the date/time stamp on your registration form), you are entitled to a full credit toward another session of the same course starting within six months of the date of withdrawal OR a full refund, provided that the course has not started. * If you withdraw after three (3) days, but prior to the start date of the course, you are entitled to a full credit toward another session of the same course starting within six months of the date you withdrew OR a refund of the course tuition minus an registration fee of five percent (5%). * If you withdraw after the start of the course, but before the start of the second week of the course, you are entitled to a full credit toward another session of the same course starting within six months of the date you withdrew OR a refund of the course tuition minus a ten percent (10%) registration fee and a $50 cancellation fee. * Please note that all credits must be applied to another session within six months of the date you withdrew. Should you need to withdraw from the credited course, you will be entitled to a refund minus a fifteen percent (15%) registration fee and a $50 cancellation fee, provided that you withdraw prior to the start of the second week of the course. * No refunds or credits will be given for any withdrawal after the start of the second week of the course. * If TWW reschedules or cancels a course prior to the start of the class, you will receive a full refund OR a place in a future session of the course, if any, without any administrative fees. You must elect a future session that starts within twelve months of the date the course was cancelled or rescheduled. If TWW cancels a course and there are no future sessions of the course offered or available, you will receive a full refund. * If TWW reschedules or cancels a course after the session has started, you may elect to switch to a different session on a priority basis, or you may elect to attend a future session starting within twelve months of the date of reschedule or cancellation. You will be entitled to attend the entire 10-week session, regardless of how many weeks had already been completed. If you do not wish to attend a different or future session OR if there are no concurrent or future sessions of the course offered or available, then you will receive a prorated refund of the course tuition less $49.99/week for each week completed (i.e. each week for which lecture material has been posted to the Site). * In the event that TWW terminates your participation in a course for reasons that do not involve your conduct, TWW will provide you a prorated refund or credit towards a future course as outlined above. However, NO REFUNDS OR CREDITS WILL BE GIVEN FOR STUDENTS TERMINATED FROM THE COURSE DUE TO VIOLATIONS OF THE TWW CODE OF CONDUCT OR ANY OTHER VIOLATION OF THESE TERMS OF USE, INCLUDING, WITHOUT LIMITATION, INAPPROPRIATE USE OF ONLINE RESOURCES, SUCH AS INFLAMMATORY COMMENTS ON THE PUBLIC DISCUSSION BOARDS. The site administrator will generally issue a warning for the first two infractions; the third infraction will result in termination. However, TWW reserves the right to terminate with or without any warnings if TWW believes, in its sole discretion, that immediate action is necessary or merited. * To cancel your registration, please email administrator@impactofstyle.com. Include your full name, your Student Login and Password, your Screen Name, and the name and date of the workshop class. Failure to participate in the course will NOT be considered an official statement of intent to withdraw. Refunds may take 4-6 weeks to process and will only be given via the same form of payment you used when registering. A REFUND OR PLACEMENT IN A FUTURE CLASS, AS DESCRIBED ABOVE, IS YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CANCELLATION OR RESCHEDULING OF ANY COURSES. b. Schedule Changes and Course Cancellation. While TWW will attempt to adhere to posted schedules, we reserve the right to adjust course schedules, combine classes, change instructors or cancel courses as TWW deems necessary at any time. If your class is rescheduled or cancelled, you may request transfer to another course or receive a refund in accordance with our Refund Policy as set forth above. [See Refund Policy.] c. Minimum Enrollment. Student-to-student interaction is an integral part of the learning process, whether the classroom is located on a physical campus or located online. To ensure our students receive the best level of interaction, our minimum enrollment is eight students. If we do not have at least 8 students, we notify registered students of the pending cancellation, and they receive either a credit or a refund in accordance with our refund policy. [See Refund Policy.] d. Tuition Payment. Tuition is due in full prior to the first day of the course. We accept all major credit cards through PayPal. You do not need to have a personal PayPal account to pay tuition. Refunds are given via the same form of payment you used when registering. e. Hardware/Software Requirements. f. Questions & Contact Information. For more information about our online courses, please review our Frequently Asked Questions. Questions or comments about TWW Courses may be directed to TWW, Inc. at the email address, director@towritewell.com TOP3. Code of Conduct TWW maintains a code of conduct (the "Code of Conduct") that students must abide by in their use of the Sites and their participation in any TWW Courses. By using this Site or registering for any TWW courses, you agree to be bound by and abide by the Code of Conduct. Failure to abide by the Code of Conduct (or any other portion of these Terms of Use) may result in, among other things, termination from this Site and from participation in TWW Courses. To Write Well bases its Code of Conduct on one principle: respect. We do not require that individuals agree, but we do require they treat each other and each others' opinions with respect. Our code of conduct is simple. The following WILL NOT BE TOLERATED: * Flaming, i.e., posts, discussions or completed assignments that are directed in an offensive, inflammatory, derogatory or prejudicial manner toward any one person in the class session, whether identifiable by specific name or by allusion. * Copyright or other intellectual property violations, i.e., posts, discussions or completed assignments that infringe upon or violate the rights of any third party. Material quoted for illustrative purposes must not be infringing and must include a complete attribution of source. * Inappropriate posts and links, i.e., posts and links to sites deemed inappropriate by TWW Directors, i.e., pornographic sites. Links will be removed and a warning issued by the site administrator. * Marketing posts links, i.e., posts and links to sites deemed by TWW Directors to be for the primary purpose of marketing items or services. If you are concerned about the appropriateness of a link you wish to post, email the link to our site administrator at administrator@impactofstyle.com with a request to preview the link for appropriateness. For other rules that may apply to your use of forums and interactive areas on the Sites, please see Forums and Interactive Areas, Section 12. TOP4. Copyright Unless otherwise indicated, all Web site materials and content, including, without limitation, all designs, text, logos, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of TWW or its licensors. You may electronically copy and print to hard copy portions of the Sites for the sole purpose of using materials it contains for informational, non-commercial, personal use only. Any other use of the materials in this Web site - including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance - without the prior written permission of TWW is strictly prohibited. TOP5. Repeat Infringer Policy TWW respects the intellectual property of others, and we ask our users to do the same. TWW may, in appropriate circumstances and at its own discretion, limit access to the Sites and/or terminate the accounts of any users who infringe the intellectual property rights of others. TOP6. Copyright Complaints If you believe that any material on the Sites infringes upon any copyright which you own or control, or that any link on the Sites directs users to another Web site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent. Please see our Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement. TOP7. Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement. Notifications of claimed copyright infringement must be sent to To Write Well's Designated Agent for notice of claims of copyright infringement, and must include the following information: * the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf, * a description of the copyrighted work that you claim has been infringed and a description of the infringing activity, * identification of the location where the original or an authorized copy of the copyrighted material exists, for example, the URL of the Web site where it is posted or the name of the book in which it has been published, * identification of the URL or other specific location on this site where the material that you claim is infringing is located; you must include enough information to allow us to locate the material, * your name, address, telephone number, and email address * a statement by you that you have a good faith belief that the disputed use in not authorized by the copyright owner, its agent, or the law * 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 are authorized to act on the copyright owner's behalf. To Write Well's Designated Agent may be reached as follows:
This contact information is provided only for reporting copyright infringement. Information pertaining to To Write Well's Designated Agent can also be found at http://www.loc.gov/copyright/onlinesp TOP8. Trademarks TO WRITE WELL™ and IMPACT OF STYLE™ are trademarks of TWW. Any other product or service name or slogan contained in the Sites are trademarks of TWW or its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of TWW or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of TWW, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of TWW. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners. TOP9. Hyperlinks You are granted a limited, non-exclusive right to create a hyperlink to the Sites for noncommercial purposes only, provided such link does not portray TWW or any of its products and services in a false, misleading, derogatory or otherwise defamatory or objectionable manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any TWW trademark, logo or other proprietary information, including the images found at this Web site, the content of any text or the layout/design of any page or form contained on a page without TWW's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of TWW or any third party. TWW makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to this Web site. Except for the Sites, the linked sites are not under the control of TWW and TWW is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. TWW is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by TWW of the site or any information contained therein. TOP10. Third Party Content & Services TWW may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. TWW does not monitor nor have any control over any Third Party Content or third party Web sites. TWW does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. TWW does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk. TOP11. Submissions You acknowledge and agree that any materials, including but not limited to writing samples and exercises, questions, comments, suggestions, discussions, ideas, plans, notes, drawings, graphics, original or creative materials or other information, provided by you in the form of e-mail or other submissions to TWW, or postings on the Sites (collectively "Submissions"), are non-confidential, and TWW shall be entitled to the unrestricted display, reproduction, distribution, modification and use in any manner of these Submissions for any purpose without any compensation to you, provided that such use is in connection with the Sites, TWW Courses or other educational or promotional purposes. However, TWW will not use any material posted by students in their student journal without permission. However, TWW does retain the rights to, and may use in any manner, any instructor posts in students' journals, as long as those posts do not reveal personal information. TOP12. Forums & Interactive Areas The Sites may include discussion forums or other interactive areas, including chat rooms or bulletin boards ("Interactive Areas"). You are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any forum or interactive areas, you agree not to post, upload to, transmit, distribute or otherwise publish through the Sites any of the following: * Any posting, message, data, information, text, graphics or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or derogatory or that otherwise violates the TWW Code of Conduct; * Offensive, indecent, profane, lewd, suggestive, inflammatory or inappropriate language or Content directed personally at students, instructors, administrators or other (offensive language may be permitted when used for illustrative or creative purposes in writing assignments, as long as it is not personally directed anyone). * Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ. * Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content; * Content that impersonates any person or entity or otherwise misrepresent your affiliation with a person or entity; * Unsolicited promotions, advertising or solicitations; * Private information of any third party, including without limitation addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; * Viruses, corrupted data or other harmful, disruptive or destructive files; and * Content that restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose TWW or its users to any harm or liability of any type, or which TWW notifies you, in its sole judgment, is objectionable. TWW takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, profanity or objectionable material you may encounter. Your use of the Interactive areas is at your own risk. As a provider of interactive services, TWW is not liable for any statements, representations, or Content provided by its users in any public forum, personal home page or other Interactive Area. Although TWW has no obligation to screen, edit or monitor any of the Content posted in any Interactive Area, TWW reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise in appropriate or objectionable. Any use of the Interactive Areas or the Web site in violation of the foregoing is in violation of these terms and may result in, among other things, the termination or suspension of your rights to use the Interactive Areas and/or the web site and of your participation in any online courses. Student Forums. The Student Union is a portion of the site reserved for students only. Instructors do not participate in the forum* so students can extend their conversations outside the scope of the course. This Student Forum is a privilege, and we ask that it be used to discuss topics related to writing, publishing, or creative efforts. Flaming is a violation of the Code of Conduct and will not be tolerated. The site administrator will promptly delete posts TWW deems to be offensive, inflammatory, derogatory, prejudicial or otherwise in violation of the Code of Conduct or these Terms of Use, and such posts could result in the termination of your access to the Sites. [See TWW Code of Conduct]. *Please note that the Student Forum will be monitored by TWW administrators in order to monitor compliance with the Terms of Use and the Code of Conduct, and that such administrators may also be instructors. However, the site administrators do not participate in the Student Forum. TOP13. Indemnification You agree to defend, indemnify and hold harmless TWW, its principles, agents, faculty, administrators, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any third party claim, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) arising our of your use of the Sites, including without limitation any actual or threatened suit, demand, or claim made against TWW and/or its independent contractors, service providers, employees, directors or consultants, arising out of or relating to your conduct, your violation of these Terms of Use, or your violation of the rights of any third party. TOP14. Disclaimer THE SITES AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TWW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TWW DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. TWW DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TWW reserves the right to change any and all content contained on the Sites at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TWW. TOP15. Limitation of Liability IN NO EVENT SHALL TWW, ITS PRINCIPALS, FACULTY, ADMINISTRATORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, THE TWW COURSES, OR THE SUBMISSIONS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TWW, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TWW'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TWW (WHETHER IN CONTRACT, WARRANTY TORT-INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED-PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF THE SITES, THE TWW COURSES OR THE SUBMISSIONS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TWW FOR THE TWW COURSES OR ACCESS TO OR USE OF THIS SITE. TOP16. Applicable Law These Terms of Use and your use of the Sites shall be governed by and construed in accordance with the laws of the State of Washington and the United States, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use. TOP17. Termination TWW reserves the right at any time, without notice and in its sole discretion, to shut down the Sites or to terminate your license to use the Sites and your participation in any TWW Course and to block future access to and use of the Sites. Whether or not you will be entitled to a refund of your class registration fees in the event of a termination will be determined in accordance with the Refund Policy set forth in the Course Registration Terms and Conditions. In the event of a violation of the TWW Code of Conduct, TWW will generally give you two warnings prior to terminating you from the site and from TWW Courses. However, TWW has the right to terminate with or without any warnings or notice if TWW believes, in its sole discretion, that immediate action is necessary or merited. TOP18. Severability If any provision of these Terms of Use hall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. TOP19. Questions & Contact Information Questions or comments about TWW's Site may be directed to TWW at the email address: director@towritewell.com. |
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To Write Well respects the intellectual property of others, and we ask our users do the same. To Write Well may, in appropriate circumstances and at its own discretion, limit access to this Web site and/or terminate the accounts of any users who infringe the intellectual property rights of others.
If you believe that any material on the Sites infringes upon any copyright which you own or control, or that any link on the Sites directs users to another Web site that contains material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent. Please see our Notice and Procedure for Notifying Designated Agent of Claims of Copyright Infringement.
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