Effective From July 3, 2009 

Welcome to the Write Way To Learn website. If you continue to browse and use the Write Way To Learn website, you are agreeing to comply with and be bound by the following Terms & Conditions, which together with the Write Way To Learn Privacy Policy govern the relationship between P Crew, LLC dba Write Way To Learn (herein “WWTL or “Company”) and YOU in relation to this website. If you do not agree to these Terms & Conditions, and/or the Privacy Policy, you should immediately cease all usage of this website. WWTL reserves the right, at any time, to modify, alter, or update the Terms and Conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at www.writewaytolearn.com. Your continued use of the website after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

The term “Write Way To Learn,” “WWTL,” or “Company” refers to the owner of the website, whose business is registered in the State of Washington. The term “you” or “Customer” refers to the user or viewer of this website.

Description of Service

WWTL provides customers with educational products and services, and supporting products. Customer must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Customer’s access to the Internet, and (3) pay any fees related with such connection.

Age Requirement

This website is for use by persons over the age of 12.

Limitation of Liability

WWTL SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WWTL SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES, LOST PROFITS, LOSS OF REVENUE, LOSS OF USE, OR DAMAGE OR LOSS OF REPUTATION, PRIVACY, PERSONALITY, OR IDENTITY ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WWTL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

Limitations of Use / Non-Commercial Use Only

The products and services on this website are for personal, private, non-commercial use only. Unauthorized use or distribution of any material may violate intellectual property, patent, copyright, trademark, rights of privacy or publicity, and other laws, regulations, and statutes. WWTL reserves the right to prosecute any violations to the fullest extent of the law.

Warranty

Limited Warranty for WWTL-printed Learning Cards

WWTL warrants that for a period of thirty (30) days from the purchase date, the WWTL-printed Learning Cards product shall be free from defects in materials and workmanship which significantly hinder the use or affect the longevity of the product. This Warranty is not applicable to downloadable customer-printed versions of the WWTL Learning Card products. This warranty shall not cover small production and material variances, which commonly occur during the heat sealing or adhesion processes, and in the use of recycled materials. These variances are not defects and do not affect the use or longevity of the product. These variances include but are not limited to the following: small air bubbles beneath the surface of the laminate or the adhesive pocket, speckles in the recycled paper, slight printer lines, and slight printer misregistration. This warranty covers WWTL products only. Products distributed by WWTL but manufactured by another company will be covered under the warranty policy of that manufacturer.

Except for the warranty defined above, WWTL and its affiliates expressly disclaim all express or implied warranties of any kind to the extent that is permitted under applicable law. This includes but is not limited to the implication of warranty of suitability or fitness for a particular purpose, situation, circumstance, or audience, merchantability, and non-infringement. WWTL makes no warranty that the products, services, website, or products and services provided through the website will be free from defects or interruption in service, will be suitable for the intended purposes and/or meet your requirements, will be free from viruses, Trojan horses, worms, other corruptive code or harmful components, or that the website, products, or services will be timely, secure, accurate, and error-free. WWTL also shall not be liable for the availability or quality of products and services affected by Acts of God or failure of the Internet, software, or hardware. Furthermore, WWTL makes no warranties of any kind for any third party products or services which may be advertised or referred to on the website, or referenced in company products. Any products or material downloaded through the website or otherwise obtained from the company is at your own risk and discretion, and you will be solely responsible for any loss of data, damage to your computer systems, or other corruption or damage that may result. To the fullest extent that is permitted under applicable law, the remedies described in the following Remedy subsection shall be your exclusive, and sole remedy to issues related to the Warranty.

Remedy

In the event that a product is found to be defective under the terms set forth above, the sole obligation of WWTL will be to replace or repair the product, or refund the purchase price of the defective item, at its sole discretion. If the defective item is less than a set, WWTL will issue a partial refund proportional to the value of the defective item, or replace only that part of the set that is found to be defective. WWTL shall not be responsible for any loss in business revenue that may result from the lack of use of the defective product, and the company cannot guarantee that the replacement product will be free from defects. WWTL shall have no other obligation regarding a breach in warranty. In order to qualify for this remedy, you must timely send the defective product, postage pre-paid, to WWTL for evaluation and determination by WWTL of the validity, if any, of such defect claim.

No Website Warranty

The website, products, and services are provided by WWTL on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, WWTL makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. WWTL shall have no liability for any interruptions in the availability, access to, or use of this website. Nor shall WWTL have any liability for the availability or quality of products and services affected by acts of God or failure of the Internet, software, or hardware. WWTL disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable in that circumstance.

Your use of any information or materials on the WWTL website is entirely at your own risk, for which WWTL is not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

Payment for Products and Services

WWTL accepts payments via credit card for online purchases of WWTL products and services. WWTL makes reasonable efforts to confirm credit card transactions are completed by authorized users of a given credit card. However, WWTL is not liable for misuse, misleading representations as they relate to WWTL and WWTL orders, or orders placed by minors or others who are not authorized credit card holders but represent themselves to be authorized users of a given credit card.

Indemnification

Customer agrees to indemnify and hold WWTL, its parents, subsidiaries, affiliates, agents, suppliers, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Customer’s use of the Service, the breach of this Agreement, or infringement by Customer, or other user of the Service using Customer’s computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

WWTL reserves the right to modify or discontinue the Service with or without notice to the Customer. WWTL shall not be liable to Customer or any third party should WWTL exercise its right to modify or discontinue the Service. Customer acknowledges and accepts that WWTL does not guarantee continuous, uninterrupted or secure access to the WWTL website and operation of the WWTL website may be interfered with or adversely affected by numerous factors or circumstances outside of WWTL’s control.

Links

The WWTL website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that WWTL is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and WWTL is not responsible therein. WWTL encourages all Customers to review the privacy policies of third-parties’ sites.

You may not create a link to the WWTL website from another website or document without the prior written consent of WWTL.

Disclaimer Regarding Accuracy of Information

Product specifications and other information regarding third-party products have been provided by the Vendors, or collected from publicly available sources. Product specifications provided regarding WWTL Learning Cards are believed to be accurate, but neither WWTL nor any third parties provides any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the WWTL website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and agree that WWTL’s liability is expressly excluded for any such inaccuracies or errors, to the fullest extent permitted by law. Any reliance on representations and warranties provided shall be at your own risk. Products are available while supplies last, and the Company is not bound by errors in advertised prices. Prices, product specifications, advertised specials, and product selection are subject to change without notice. Your Order Confirmation does not imply acceptance of your order, and your order may be declined in part or whole even after the Order Confirmation is received.

Governing Jurisdiction of the Courts of Washington

The WWTL website is operated and provided in the State of Washington. As such, WWTL is subject to the laws of the State of Washington, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. WWTL makes no representation that the WWTL website or other WWTL services are appropriate, legal or available for use in other jurisdictions. Accordingly, if you choose to access the WWTL site you agree to do so subject to the internal laws of the State of Washington.

Compliance with Laws / Inappropriate Content Prohibited

Customer assumes full knowledge of all applicable laws and is responsible for compliance with any such laws. Customer may not use Company services or materials in any way that violates applicable local, state, federal, or international laws, regulations or other government requirements.

Customer agrees not to transmit or distribute any material, that: may be considered insensitive, harassing, racist, exploitive, abusive, pejorative, profane or indecent; that encourages conduct that could constitute a criminal or content offense; gives rise to civil or criminal liability; or otherwise violates any applicable local, state, national, or international law or regulation. The services of WWTL shall not be used to process or produce anything that contains copyrighted material or content, or that may be considered inappropriate. This includes, but is not limited to production, distribution, use or transmission of material or content that:

1. Is copyrighted, trademarked, contains intellectual property, that may infringe on the rights of another party, or that is used without the consent of the owner;
2. May directly or indirectly promote illegal activity, harm to minors, or entities (including websites) that promote illegal or indecent activity;
3. May be identified as harmful to anyone or anything, deceptive, obscene, profane or pornographic, defamatory or slanderous, abusive, insensitive, harassing, racist, exploitive, abusive, pejorative, or otherwise offensive or inappropriate;
4. Contains one or more corrupt files, or which may contain viruses, worms, botnets, trojan horses, or any other type of electronic corruption that may disrupt or harm the operation of the WWTL service or site.

WWTL, at its sole discretion, reserves the right to block, delete, and otherwise eliminate any content that may be deemed inappropriate. This includes, without limitation, the cancellation of any order containing inappropriate content with or without refund. WWTL is in no way responsible for monitoring and inspecting each item submitted for processing. However, all content is subject to inspection and approval.

WWTL is concerned that content processed and/or displayed on WWTL’s site is appropriate for everyone. However, in the unusual circumstance where a customer may find something on the WWTL site that you deem offensive, you take the sole responsibility for this exposure by viewing the WWTL website.

Copyright, Trademark, and Patent Rights Information

All content included or available on this site, including all downloaded products, product pictures, site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 P Crew, LLC, All Rights Reserved, and is the property of P Crew, LLC dba Write Way To Learn and/or third parties. The WWTL Learning Card product is Patent Pending. Any use of materials on or from the WWTL website, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of WWTL is strictly prohibited. This includes reproduction of any kind of the company-printed Learning Cards, and/or reproduction or transferring of the downloaded Learning Cards in excess of the rights that have been purchased. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy WWTL web pages or the content contained therein without prior written permission of an authorized officer of WWTL.

WWTL is a trademark of P Crew, LLC. WWTL’s trademarks may not be used in connection with any product or service that is not provided by WWTL, nor in any manner that is likely to confuse or deceive customers, or in any manner that disparages, discredits, or trades on the name or reputation of WWTL.

All other trademarks displayed on WWTL’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with WWTL.

Idea Submissions

Any ideas, comments or suggestions submitted by you to WWTL are not confidential, and may be disclosed, reproduced, distributed, or used by WWTL without limitation and without financial or other obligation to you or other persons who may claim an ownership right in such ideas, comments, or suggestions. Personal information, of course, will be protected pursuant to the WWTL Privacy Policy.

Reproduction Rights

You must only submit content to WWTL which you have the full legal right to reproduce, and you grant WWTL full legal rights to reproduce this content for the purpose of filling your order and producing your product. You warrant and represent that you own or have in writing the permission of the copyright owner to use the content that you submit to WWTL. You represent and warrant that no rights are violated through the use or transmission of this content, personal or otherwise, including but not limited to a requirement that you have written permission from anyone whose name, likeness, personal information or identity sappears in your photograph or text. If you do not have full permission to reproduce and use such content, do not send that content to WWTL. You are solely responsible for any violations of personal and/or privacy rights laws, copyright and/or intellectual property laws, and all other laws that govern the rights to transmit, reproduce, or otherwise use the content in connection with WWTL’s products, services, and website.

By submitting your content to WWTL, you hereby grant WWTL and its representatives, affiliates, and service providers the full legal, royalty-free, world-wide, non-exclusive right to reproduce, display, copy, modify, transmit, distribute, and make derivative works of your content for the purpose of creating the product you ordered, and, the right to provide WWTL’s services.

DMCA Copyright Claim Notice

In accordance with the Digital Millennium Copyright Act, WWTL responds to clear, timely notices of copyright infringement. If you believe that your work or the work of another party, has been used in a manner which constitutes copyright infringement in connection with the WWTL website or the WWTL products or services, and you are the owner of the copyright or authorized to act on the behalf of the copyright owner, please provide the WWTL Copyright Agent with the following information in hard copy:

1. Provide the Copyright Registration number(s), and a copy of each Copyright Registration certificate along with a complete legible copy of the specimen that was submitted and the application for Registration;
2. Describe in detail the material which you believe has been infringed;
3. Provide a signature of the copyright owner giving you permission to act on the behalf of the copyright owner, or provide your signature and state that you are the copyright owner;
4. Identify the WWTL material that allegedly infringes on your copyright;
5. Provide a statement by you which states the basis for your assertion that the alleged infringement is not authorized by the copyright owner;
6. Provide your full name, address, phone number, and email address; if you are represented by legal counsel, please have your counsel provide the requested information in items 1-6; and
7. Provide a statement by you that states, under penalty of perjury, the information you provide to us is accurate and that you are authorized to act on behalf of the copyright owner(s). This must be done by you/claimant, not your counsel.

Notices should be sent to the following address:

Write Way To Learn™

Attn: Copyright Agent

PO Box 11437

Bainbridge Island, WA 98110

You may also send a confirmation copy electronically to customerservice@writewaytolearn.com, but an e-copy is not a substitute for or acceptable in lieu of the required hard copy.

Botnets

WWTL retains the right, at WWTL’s sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, WWTL reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at WWTL’s discretion. To avoid being unknowingly used as part of Botnets, make sure you have up-to-date security software operating on your personal computer.

Other Terms / Termination

If any provision of this Terms & Conditions Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms & Conditions Agreement and any other agreements referenced herein may be assigned by WWTL, in WWTL’s sole discretion, to a third party. This Terms & Conditions Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between WWTL in relation to your participation as a Customer. Customer agrees that by accepting this Terms of Use Agreement, Customer is consenting to the use and disclosure of their personally identifiable information and other practices in accord with the WWTL Privacy Policy.

Unauthorized use of the WWTL website by you may give to a claim by WWTL for damages and/or be a criminal offense. WWTL has the sole discretion to cancel, delete, restrict, or terminate any order or customer account at any time without notice for any reason including, but not limited to the following: for violating these Terms & Conditions or failure to comply with other Company policies, or conduct which WWTL determines, in its sole discretion, to be potentially harmful to its business, or the businesses of the WWTL affiliates, customers, subscribers, or vendors.