Last Updated May 2019
This is a license agreement between you and Written & Done, LLC that explains how you can use the products and services (herein referred to as “Content”) that you license from Written & Done, LLC. By using Written & Done, LLC Content, you (the “Client”) agree to the following terms and conditions (the “Terms”), and any amendments thereto that may be made.
Without prior notice we may change the Terms, which are posted on our website, www.WrittenAndDone.com. By using the Content following any modifications to these Terms, you agree to be bound by any such modifications to the Terms.
Use of Content Library
Written & Done, LLC offer Content Library Subscription services to anyone 18 years of age or older, or anyone of legal age to form a binding contract.
To access a Content Library Subscription, you may be required to provide current, true, accurate and complete information about yourself as part of the subscription sign-up process and/or continued use of Written & Done, LLC Content. If any information provided by you is untrue, inaccurate, incomplete or not current, we have the right to terminate your account and refuse any and all current or future use of the Content.
Each Content Library Subscription is a single product, for an individual user, or group of users for Multiple-User Subscriptions. A Multi-User Subscription allows a specified number of users to use this Content at any time. Each user of this Content must have an active, paid Subscription to a Single or Multi-User Account. The Content is in use on a computer when it is accessed via web browser, a user logs in, and views or downloads the Content.
Clients may copy and paste items from the Written & Done, LLC Content Library into their own email platform or website. In doing so, Clients agree that (1) they will not edit the text in any way without express written permission from Written & Done, LLC, (2) they will include any noted sources and image copyright marks and (3) they will include our copyright mark on the piece. Our copyright mark is: © Written & Done, LLC. All rights reserved.
Clients may add their own images to items in the Written & Done, LLC Content library, including but not limited to, article images and contact signature. However, these images are not a part of Written & Done, LLC ‘s hosted images and need to reside on Clients’ own servers.
Written & Done, LLC offers “Custom Content” to clients including, but not limited to, writing and graphic design of newsletters, infographics, home tips and e-cards. Custom Content can be purchased by the Client, at then current prices from Written & Done, LLC. You, the Client, agree to pay for Custom Content purchased by you.
You are responsible for your own conduct and you agree to use Written & Done, LLC Content only for purposes that are legal, proper and in accordance with the Terms and any applicable policies.
You agree that you will not engage in any activity that interferes with or disrupts Written & Done, LLC services or servers or networks connected to Written & Done, LLC Content.
You acknowledge and agree that it is your obligation to conduct your activities in compliance with all applicable national, state and local laws and regulations including, without limitation, any laws and regulations specific to your particular industry.
You are responsible for maintaining the confidentiality of your account password and are responsible for all activities that occur under your account. You agree to immediately notify Written & Done, LLC of any unauthorized use of your password or account or any other breach of security. Written & Done, LLC cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
You agree that you will not use the Content for “spamming,” as determined by Written & Done, LLC in its reasonable discretion.
You agree that you will not engage in any behavior that restricts, inhibits or prevents anyone from using Written & Done, LLC Content or exposes Written & Done, LLC or any of its clients to any liability or detriment of any kind.
You agree that you use Written & Done, LLC Content at your own risk.
You agree that you are responsible for obtaining and maintaining all equipment needed for access to and use of the Content, and you shall be responsible for all charges related thereto.
Limitations on Subscription
You agree not to resell or transfer your Content Library Subscription or Custom Content Subscription or use of or access to your Content Library Subscription or Custom Content Subscription to any third party at any time.
You agree to take all reasonable steps necessary to protect the Content from unauthorized access, distribution, copying or use of any kind. If misuse is discovered, you acknowledge that we may block access to our servers and/or membership, and your account will be immediately terminated without prior notice, and without refund of any payments made to Written & Done, LLC.
Modifications to Service
Written & Done, LLC reserves the right to modify or discontinue, temporarily or permanently, categories of Written & Done, LLC Content (or any part thereof) with or without notice. You agree that Written & Done, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of any specific Written & Done, LLC Content pieces or other services.
We reserve the right to change any information on this Website, including but not limited to revising and/or deleting features or other information without prior notice to you.
Clients are responsible for Annual Content Library Subscription fees and Custom Content Subscription fees. All fees are exclusive of sales taxes, which Written & Done, LLC will charge as applicable. You, the Client, agree to pay applicable taxes for your use of the Content Library, Custom Content and ancillary services. Once payments are collected, refunds are not available.
If you are using a credit card to pay for any Written & Done, LLC Content, you acknowledge that you have the authority to enter into a credit card agreement and agree to pay for all charges from Written & Done, LLC. In the event credit card charges are refused / rejected by your credit card company, your Written & Done, LLC Content Subscription may be disabled by Written & Done, LLC without notice until remedied. Additionally, you explicitly authorize recurring charges to your credit card for Annual Content Subscriptions unless you change your Subscription to non-recurring billing in your account.
If you are using a check to pay for any Written & Done, LLC Content, you acknowledge that you have the authority to write a check from the account to be debited and agree to pay for all charges from Written & Done, LLC. You acknowledge that your Written & Done, LLC Subscription will not be activated until your payment has fully processed. In the event your check bounces, you will pay Written & Done, LLC any bank fees incurred.
Non-usage of an account is not proof of termination of service. You are responsible for full payment on all accounts whether or not the account is ever utilized until such time as the account is terminated by appropriate notice.
Annual Subscriptions are billed on the anniversary date of your original Subscription registration. If you do not wish to renew your Subscription, you can log in and cancel your account or notify us in writing.
You consent to receive communications from Written & Done, LLC electronically. Written & Done, LLC will communicate with you by email or by posting notices on this web site. You agree that all agreements, notices, disclosures and other communications that Written & Done, LLC provides to you electronically satisfy any and all legal requirement that such communications be in writing.
You agree to defend, indemnify and hold harmless Written & Done, LLC, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF WRITTEN & DONE, LLC CONTENT IS AT YOUR SOLE RISK.
THE SERVICES ARE PROVIDED AS-IS, THAT EACH RECIPIENT ASSUMES ALL RISKS AND LIABILITY ARISING FROM OR RELATING TO ITS USE OF AND RELIANCE UPON THE SERVICES, AND EACH PROVIDER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT THERETO. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PROVIDER HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING THE SERVICES, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE, INCLUDING ANY REPRESENTATION OR WARRANTY IN REGARD TO QUALITY, PERFORMANCE, NONINFRINGEMENT, COMMERCIAL UTILITY, MERCHANTABILITY OR FITNESS OF ANY SERVICE FOR A PARTICULAR PURPOSE.
NEITHER WRITTEN & DONE, LLC, NOR ITS PARTNERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE AND/OR THE LICENSED MATERIALS WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE AND/OR THE LICENSED MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WRITTEN & DONE, LLC OR THROUGH OR FROM WRITTEN & DONE, LLC CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WRITTEN & DONE, LLC AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY, WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR STATE WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
The Terms (including any policies, guidelines or amendments that may be subsequently presented to you) constitute the entire agreement between you and Written & Done, LLC and govern your use of Written & Done, LLC Content, superseding any prior agreements between you and Written & Done, LLC for the use of Written & Done, LLC Content. You also may be subject to additional terms that may apply when you use or purchase certain other Written & Done, LLC services.
Choice of Law and Forum
The Terms and the relationship between you and Written & Done, LLC shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You and Written & Done, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within Ocean County, New Jersey.
Waiver and Severability of Terms
The failure of Written & Done, LLC to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If one or more of the provisions in this agreement is found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions should not be affected. Such provisions should be revised only to the extent necessary to make them enforceable.