TERMS AND CONDITIONS
Last updated: November 13, 2024
AGREEMENT TO OUR LEGAL TERMS
Welcome to Better Writer Better Reader (“Company,” “we,” “us,” “our”). We operate the website https://betterwriterbetterreader.com (the “Site”), as well as any related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).
The Better Writer Better Reader community is a platform designed to motivate member writers to become better writers by holding them accountable to weekly writing goals. It also provides insightful beta-reader feedback from fellow member writers. Every member writes, reads, and gives and receives beta-reader feedback on a weekly basis.
You can contact us via email at https://betterwriterbetterreader.com/contact/ or by mail at 30 N Gould St, Ste N, Sheridan, WY 82801, United States.
These Legal Terms constitute a legally binding agreement between you (whether personally or on behalf of an entity, “you”) and Better Writer Better Reader, concerning your access to and use of the Services. By accessing the Services, you acknowledge that you have read, understood, and agree to be bound by these Legal Terms.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
We will provide you with prior notice of any scheduled changes to the Services you are using. The modified Legal Terms will become effective upon posting or notification, as stated in the email message. By continuing to use the Services after the effective date of any changes, you agree to be bound by the modified terms.
All users who are minors (generally under the age of 18) in the jurisdiction in which they reside must have permission from and be directly supervised by a parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms before you use the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or would subject us to any registration requirement within such jurisdiction or country. Accordingly, those who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent such laws are applicable.
The Services are not tailored to comply with industry-specific regulations (e.g., Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.). If your interactions with the Services would be subject to such laws, you may not use the Services. Additionally, you may not use the Services in a manner that violates the Gramm-Leach-Bliley Act (GLBA).
Our Intellectual Property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”). Our Content and Marks are protected by copyright, trademark laws, and various other intellectual property rights and unfair competition laws in the United States and worldwide.
Your Use of Our Content and Marks
The Content and Marks are provided “AS IS” for your personal, non-commercial use or internal business purposes only. Subject to your compliance with these Legal Terms, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable, revocable license to use the Content and Marks only as authorized by us.
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By using the Services, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as required by applicable laws. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases, including any applicable shipping fees, and authorize us to charge your chosen payment provider for such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. The length of your billing cycle is monthly.
Cancellation
To cancel your subscription, please contact PayPal or your banking entity. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at https://betterwriterbetterreader.com/contact/.
Fee Changes
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
All sales are final, and no refund will be issued.
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.
As a user of the Services, you agree not to:
The Services do not offer users the ability to submit or post content to display or show on the domain ¨betterwriterbetterreader.com¨ and it´s linked pages. However, we may provide you the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information (“Contributions”).
Contributions may be viewable by other users of the Services. As such, any Contributions you transmit may be treated in accordance with the Services’ Privacy Policy.
When you make available any Contributions, you represent and warrant that:
Any use of the Services in violation of these warranties may result in the termination or suspension of your access to the Services.
By submitting suggestions or other feedback regarding the Services, you agree that we may use and share such feedback for any purpose without compensation to you. We do not assert ownership over your Contributions. You retain full ownership of all your Contributions and any associated intellectual property rights.
We are not liable for any statements or representations in your Contributions provided by you. You are solely responsible for your Contributions and expressly agree to hold us harmless from any legal action related to your Contributions.
The Services may contain links to third-party websites (“Third-Party Websites”) or third-party content (“Third-Party Content”). We do not monitor or verify the accuracy, appropriateness, or completeness of such content. We are not responsible for any Third-Party Websites or Third-Party Content accessed through the Services. Use of Third-Party Websites and Content is at your own risk. We do not endorse or approve any third-party products or services.
We reserve the right to monitor the Services for violations of these Legal Terms and take appropriate legal action, including reporting violations to law enforcement. We may also, in our sole discretion, refuse, restrict access to, or disable any portion of the Services, remove excessive content, or otherwise manage the Services to protect our rights and facilitate proper functioning.
We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree
These Legal Terms shall remain in full force and effect while you use the Services. Without limiting any other provision of these Legal Terms, we reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Services (including blocking certain IP addresses) to any person, for any reason or for no reason, including but not limited to breaches of any representation, warranty, or covenant in these Legal Terms or any applicable law or regulation. We may terminate your use or participation in the Services or delete your account and any content or information that you have posted at any time, without warning, at our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake name, a borrowed name, or the name of any third party, even if acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including civil, criminal, and injunctive remedies.
We reserve the right to change, modify, or remove the contents of the Services at any time, at our sole discretion, without notice. However, we have no obligation to update any information on the Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee that the Services will be available at all times. We may experience hardware, software, or other issues or need to perform maintenance on the Services, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time, for any reason, without notice. You agree that we will have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance.
Nothing in these Legal Terms will be construed as obligating us to maintain and support the Services or provide any corrections, updates, or releases related to the Services.
These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Wyoming, applicable to agreements made and fully performed within the State of Wyoming, without regard to its conflict of law principles.
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”), both parties agree to attempt informal negotiations for at least thirty (30) days before initiating arbitration. Such informal negotiations will begin upon written notice from one party to the other.
Binding Arbitration
If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (except those expressly excluded below) will be resolved through binding arbitration. You understand that without this provision, you would have the right to sue in court and have a jury trial. The arbitration will be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”). Arbitration may occur in person, through the submission of documents, by phone, or online.
The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested. The arbitrator must follow applicable law, and any award can be challenged if the arbitrator fails to do so.
Venue and Jurisdiction
Arbitration will take place in Wyoming, unless otherwise agreed upon. If a Dispute proceeds in court rather than arbitration, it will be prosecuted in the state and federal courts located in Wyoming. The Parties agree to submit to the jurisdiction of these courts and waive all defenses of lack of personal jurisdiction and improper venue.
Time Limit for Claims
No Dispute shall be brought more than one (1) year after the cause of action arose.
Restrictions
The Parties agree that arbitration will be limited to the individual Dispute between the Parties. To the fullest extent permitted by law, (a) no arbitration will be joined with any other proceeding; (b) there will be no class-action procedures in the arbitration; and (c) Disputes cannot be brought in a representative capacity on behalf of the public or any other person.
Exceptions to Informal Negotiations and Arbitration
The following Disputes are not subject to the informal negotiations or binding arbitration provisions:
(a) Any Disputes seeking to enforce or protect, or concerning the validity of, any Party’s intellectual property rights;
(b) Any Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) Any claim for injunctive relief.
If this provision is found to be unenforceable, the Dispute will be decided by a court of competent jurisdiction in the courts listed above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other content. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice.
The Services are provided on an “as-is” and “as-available” basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties about the accuracy or completeness of the content of the Services or any linked websites or mobile applications.
We will not be liable for any errors, mistakes, or inaccuracies in content, personal injury or property damage resulting from your use of the Services, unauthorized access to or use of secure servers, interruptions of transmission, or any bugs or viruses transmitted via the Services. We also disclaim any responsibility for third-party advertisements, products, or services offered through the Services.
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages arising from your use of the Services. Our liability, regardless of the cause, will be limited to the amount you paid for the Services in the six (6) months prior to the cause of action.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, officers, agents, partners, and employees, from any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees) made by a third party due to or arising from:
(1) Your use of the Services;
(2) Your breach of these Legal Terms;
(3) Any violation of the rights of a third party, including intellectual property rights; or
(4) Any harmful act toward another user of the Services.
We reserve the right, at your expense, to assume the exclusive defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense.
We maintain certain data you transmit to the Services to manage the performance of the Services and to monitor your use. You are responsible for all data that you transmit or that relates to your activities using the Services. We are not liable for any loss or corruption of data and you waive any right of action arising from such loss or corruption.
By using the Services, sending emails, or completing online forms, you consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy legal requirements that such communications be in writing. You agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions completed through the Services.
If you are a California resident and your complaint is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs. The address is:
1625 North Market Blvd., Suite N112, Sacramento, California 95834.
You can reach them by telephone at:
(800) 952-5210 or (916) 445-1254.
These Legal Terms, along with any policies or operating rules posted by us on the Services or in connection with the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not be construed as a waiver of such right or provision. These Legal Terms are intended to operate to the fullest extent permissible by law.
We may assign any or all of our rights and obligations to others at any time without notice. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any event or circumstance beyond our reasonable control.
If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision shall be severed from these Legal Terms, and the remaining provisions will remain valid and enforceable.
There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or your use of the Services.
You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the absence of physical signatures by the parties.
If you have a complaint regarding the Services or need further information about the use of the Services, please contact us at:
Better Writer Better Reader
30 N Gould St, Ste N
Sheridan, WY 82801
United States
https://betterwriterbetterreader.com/contact/
