Effective Date: As of 9/4/2015

Acknowledgement and Acceptance of Terms of Service

Iwritethat.com is owned and operated by Enquirk LLC.  Iwritethat.com is a service which provides visitors and registered users with access to a collection of resources, including (but not limited to) communications tools, search services, personalized content and branded programming through its network of properties (hereafter collectively referred to as the “Service”). Your use of the Service indicates your acceptance of the following Terms of Service. Unless explicitly stated otherwise, any new features added to the Service shall also be subject to the Terms of Service. Iwritethat.com may amend these Terms of Service at any time by posting the amended terms on the website for the Service and such terms shall be effective for all use of the Service once they are posted.

You are solely responsible for obtaining access to the Service, including any fees associated with accessing the service.

The Service In General

The Service is intended only as the collected works of independent authors and as a social forum. The content in the Service should not be considered complete nor should it be relied upon for accuracy.

Iwritethat.com reserves the right to constitute different classes of users of the Service, granting access to certain areas of the Service only to certain users.

Third Party Content

Iwritethat.com does not review or monitor any website linked to by the Service and is not responsible for the content of any such linked websites. Iwritethat.com is providing these links solely as a convenience and inclusion of such links is not meant to imply that Iwritethat.com endorses any third party website or any content or the products or services available on a third party website. Following the links to any such websites is at your own risk.  Additionally you understand and agree that the Service may include third party advertisements and that these advertisements are necessary for Iwritethat.com to provide the Service.

The content available through the Service may be displayed, printed and downloaded for your personal, internal and non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, perform or circulate any such material without the prior written permission of Iwritethat.com.

Registration Obligations

In order for you to access certain portions of the Service, you are required to register and provide Iwritethat.com with your name and a valid email address.  Any information provided by you or gathered by Iwritethat.com or third parties during any visit to Iwritethat.com shall be subject to the terms of Iwritethat.com’s Privacy Policy, which are incorporated herein by reference and available on the Iwritethat.com website.  Iwritethat.com may send you certain communications via email about the Service. You acknowledge and agree that receipt of these communications is necessary to maintain access to part or all of the Service; therefore you cannot opt out of receiving them. If you do not wish to receive these communications, do not register for the Service.

You represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself and promptly update your Registration Data to ensure it is true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Iwritethat.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Iwritethat.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify Iwritethat.com of any unauthorized use of your registration or password.

Member Conduct

You understand that all information, in all forms (“Content”), whether publicly or privately posted, is the sole responsibility of the person from which such Content originated. This means that you, and not Iwritethat.com, are entirely responsible for all Content that you upload, post or otherwise make available via the Service. Iwritethat.com does not control all of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances shall Iwritethat.com 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 or otherwise made available via the Service.

You agree to abide by all applicable laws, statutes, ordinances and regulations regarding your use of the Service.   Further, you agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You agree not to:

  • Make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
  • Make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
  • Make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • Make available any Content that may be deemed as “spam”; Content which can be clearly identified as out of context and promotes the sale or use of a specific product or service not affiliated with the Service.
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
  • Through any means, create an irregular number of user sessions, temporary or transfer files, database queries, or other function, or exploit files or other functions which will disrupt the servers or networks connected to the Service.
  • Collect user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email including but not limited to chain letters, research study or survey solicitations, junk mail, “spamming,” commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.

Iwritethat.com reserves the right to delete any material or user account from the Service that violates this agreement.

Content Submitted or Made Available For Inclusion on The Service

Iwritethat.com does not claim ownership of Content that you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for via the Service, you grant Iwritethat.com a perpetual, irrevocable, world-wide, royalty free and non-exclusive license to use, distribute, reproduce, modify and publicly display such Content on the Service.

You will be responsible for, and indemnify and hold harmless Iwritethat.com, against any claim arising from any content that you submit or make available for inclusion on the Service.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Iwritethat.com infringe your copyright, you (or your agent) may send Iwritethat.com a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Iwritethat.com to locate the material on Iwritethat.com; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Iwritethat.com a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.

Legal notices with respect to this website should be sent to: Iwritethat.com PO Box 45582 Tacoma, WA 98444. Iwritethat.com suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

Term and Termination

Iwritethat.com may immediately terminate your access and use of the Service if you fail to abide by these Terms of Service. In addition, Iwritethat.com may, but has no duty to, immediately terminate your access and use of the Service if Iwritethat.com in its sole discretion concludes that you are engaged in fraudulent or illegal activities, sharing account with unauthorized users, or activities that may damage the rights of Iwritethat.com or others. Termination of the Service may result in the deactivation or deletion of your Iwritethat.com account.

Disclaimer of Warranties

You expressly understand and agree that the Service is provided ‘as is’ and Iwritethat.com does not warrant the accuracy, completeness, marketability, fitness for a particular purpose, or title to any of the data or function in its web site, any of the data or function linked to its web site, any data or function provided by partners or vendors of this web site, or any service provided herewith; nor does Iwritethat.com assume any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Iwritethat.com does not warrant that code, content, files, access, functions or any combination thereof are free of errors or corruptions.

Reservation of Rights

The Service and its benefits are offered at the discretion of Iwritethat.com, and Iwritethat.com has the right to modify or discontinue, temporarily or permanently, the Service, in whole or in part for any reason, at its sole discretion, with or without notice to you. You agree that Iwritethat.com will not be liable to you or any third-party for any modification or discontinuance of the Service. Iwritethat.com, in its sole discretion, may add, delete, or change some or all of the features of the Service at any time.

You acknowledge that Iwritethat.com has the right (but not the obligation) in its sole discretion to pre-screen, refuse, delete, or move any Content that is available via the Service. Without limiting the foregoing, Iwritethat.com shall have the right to edit, refuse to post or remove any Content that violates these Terms of Service or is otherwise objectionable.

Limitation of Liability

IN NO EVENT SHALL IWRITETHAT.COM BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Miscellaneous

These Terms of Service and the Privacy Policy, constitute the entire agreement between you and Iwritethat.com with respect to your access and use of the Service and supercedes all prior or contemporaneous agreements (whether oral, written or electronic) between you and Iwritethat.com with respect to the Service. If any provision of these terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of such documents remain in full force and effect. The Service is controlled by Iwritethat.com from its office within the State of Washington, USA. These Terms of Service shall be interpreted under the laws of the State of Washington and applicable federal law, without regard to any conflict of law provisions. Those who choose to access the Service from outside the United States do so on their own initiative and are responsible for compliance with local laws.