Documents create a paper reality we call proof.
--Mason Cooley
And so, here is the document that creates the paper reality of proof around the terms under which you use this website and its contents.
Last updated: June 8, 2012
Please note that, in this Terms of Use Agreement, www.elainesmithwrites.com , may be referred to as www.elainesmithwrites.com, "we," "us," or "ours."
www.elainesmithwrites.com is owned by Elaine Smith and operated on her behalf by Write Track, Inc., incorporated in the state of New York.
www.elainesmithwrites.com may, from time to time, include links to other third party Web sites. Such links are not an endorsement or recommendation by us of those Web sites and/or the products or services offered there. Third party Web sites may have different terms of use and privacy policies, and we are not responsible for the terms of use or privacy practices of those third party Web sites. If you click on a link to a third party Web site, we encourage you to check the terms of use and privacy policy of that Web site, as they may differ substantially from the Terms of Use or Privacy Policy of www.elainesmithwrites.com.
Your Compliance with this Agreement
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to access and use www.elainesmithwrites.com. You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, Elaine Smith Writes may monitor your access and use of www.elainesmithwrites.com in accordance with the Privacy Policy. If you do not agree with these Terms of Use, do not use www.elainesmithwrites.com or download any materials from the www.elainesmithwrites.com
www.elainesmithwrites.com is Not Intended for Minors
www.elainesmithwrites.com is not intended to be used by, and is not directed to, anyone under 18 years of age. You represent that you are at least 18 years of age. If www.elainesmithwrites.com receives a complaint which states that a user of www.elainesmithwrites.com is under 13 years of age, www.elainesmithwrites.com will comply with the requirements of the Children's Online Privacy Protection Act of 1998 ("COPPA").
Your Access and Use of www.elainesmithwrites.com
Your right to access and use www.elainesmithwrites.com is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use www.elainesmithwrites.com for lawful purposes and pursuant to the terms and conditions of this Agreement and the Privacy Policy.
Your access and use of www.elainesmithwrites.com may be interrupted, from time to time, for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of www.elainesmithwrites.com or other actions that Elaine Smith Writes, in its sole discretion, may elect to take. Elaine Smith Writes reserves the right to suspend or discontinue the availability of www.elainesmithwrites.com and/or any portion or feature of www.elainesmithwrites.com at any time in its sole discretion and without prior notice.
Any action by you that, in Elaine Smith Writes's sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of www.elainesmithwrites.com; or (iii) through the use of www.elainesmithwrites.com defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use www.elainesmithwrites.com. You shall not metatag, provide links to or frame www.elainesmithwrites.com without the prior express written permission of Elaine Smith Writes.
Elaine Smith Writes's Intellectual Property Rights
The name "Elaine Smith Writes" and www.elainesmithwrites.com graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress owned by, or licensed by, Elaine Smith Writes or its affiliates, in the United States and/or other countries (collectively, the "Marks"). You may not use the Marks without the prior express written permission of Elaine Smith Writes, and, in the case of licensed Marks, the prior express written permission of the owner of such Marks, which permission may be withheld in Elaine Smith Writes's sole discretion. Elaine Smith Writes makes no proprietary claim to any third-party names, trademarks or service marks appearing on www.elainesmithwrites.com. Any third-party names, trademarks, and service marks are the property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from, www.elainesmithwrites.com (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, Elaine Smith Writes or its Content suppliers. All software used on www.elainesmithwrites.com (the "Software") is the property of Elaine Smith Writes or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content does not entitle you to any ownership or intellectual property rights to the Content or the Software.
You are solely responsible for any damage resulting from your infringement of Elaine Smith Writes's or any third party's intellectual property rights regarding the Marks, the Content, the Software and/or any other harm incurred by Elaine Smith Writes, its officers, directors, employees, agents or consultants as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
The Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or de-compiled, reverse engineered or disassembled, except that you may download one copy of the Content on a single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose is a violation of Elaine Smith Writes's or its licensors' copyright, trademark and other proprietary rights. The use of any such Content on any other web site or networked computer environment without Elaine Smith Writes's and/or its licensors' express written consent is prohibited. Except as expressly provided herein, Elaine Smith Writes does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
You may not use any meta tags or any other "hidden text" utilizing Elaine Smith Writes's name or Marks without the prior express written permission of Elaine Smith Writes or, in the case of licensed Marks, the prior express written permission of the owner of the licensed Marks, which permission may be withheld in the sole discretion of Elaine Smith Writes or the owner, as the case may be.
Electronic Communications
When you visit www.elainesmithwrites.com or send e-mail to Elaine Smith Writes, you are communicating with Elaine Smith Writes electronically. You consent to receive communications from Elaine Smith Writes electronically in response to your e-mail. Although Elaine Smith Writes may choose to communicate with you by regular mail, Elaine Smith Writes may also choose to communicate with you by e-mail or by posting notices on www.elainesmithwrites.com. You agree that all agreements, notices, disclosures and other communications that Elaine Smith Writes provides to you electronically satisfy any legal requirement that such communications be in writing.
All Communications with Elaine Smith Writes
Elaine Smith Writes does not want you to, and you should not, send any confidential or proprietary information to Elaine Smith Writes via www.elainesmithwrites.com or otherwise. You agree that any information or materials that you or individuals acting on your behalf provide to Elaine Smith Writes will not be considered confidential or proprietary. By providing any such information or materials to Elaine Smith Writes, you grant to Elaine Smith Writes an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Elaine Smith Writes is free to use any ideas, concepts, information or know-how that you or individuals acting on your behalf provide to Elaine Smith Writes. You further recognize that Elaine Smith Writes does not want you to, and you warrant that you shall not, provide any information or materials to Elaine Smith Writes that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use www.elainesmithwrites.com, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of www.elainesmithwrites.com.
Third Party Links
From time to time, there may be provided on www.elainesmithwrites.com links to other Web sites belonging to Elaine Smith Writes donors, business partners, affiliates or other third parties. Such links do not constitute an endorsement by Elaine Smith Writes of those Web sites, nor the products or services listed on those Web sites. Elaine Smith Writes is not responsible for the activities or policies of those Web sites. Elaine Smith Writes does not endorse or recommend the products or services of any particular retailer, advertiser, business partner, affiliate or other third party.
No Representations or Warranties
THE CONTENT ASSOCIATED WITH WWW.ELAINESMITHWRITES.COM IS PROVIDED TO YOU ON AN "AS-IS" AND "AS AVAILABLE" BASIS. ELAINE SMITH WRITES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF WWW.ELAINESMITHWRITES.COM OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON OR ASSOCIATED WITH WWW.ELAINESMITHWRITES.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF WWW.ELAINESMITHWRITES.COM IS AT YOUR SOLE RISK. ELAINE SMITH Writes DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT WWW.ELAINESMITHWRITES.COM, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT ASSOCIATED WITH WWW.ELAINESMITHWRITES.COM. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT ASSOCIATED WITH WWW.ELAINESMITHWRITES.COM. ELAINE SMITH WRITES MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM WWW.ELAINESMITHWRITES.COM IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Location of Elaine Smith Writes
www.elainesmithwrites.com is controlled and offered by Write Track, Inc. from facilities in the United States of America. Elaine Smith Writes makes no representations that www.elainesmithwrites.com is appropriate or available for use in other jurisdictions. If you access or use www.elainesmithwrites.com from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
Limitations on Elaine Smith Writes's Liability
ELAINE SMITH WRITES SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: ( I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF WWW.ELAINESMITHWRITES.COM; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE WWW.ELAINESMITHWRITES.COM, FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH WWW.ELAINESMITHWRITES.COM, OR OTHERWISE ARISING OUT OF THE USE OF WWW.ELAINESMITHWRITES.COM, WHETHER RESULTING, IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ELAINE SMITH WRITES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT Elaine Smith Writes SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification of Elaine Smith Writes
You shall defend, indemnify and hold harmless Elaine Smith, Elaine Smith Writes, and Write Track, Inc., their officers, directors, employees, independent contractors, agents, and representatives from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; and (ii) your access or use of www.elainesmithwrites.com;
Amendments to this Agreement
Elaine Smith Writes reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access and use of www.elainesmithwrites.com following the posting of any such changes shall automatically be deemed your acceptance of all changes. The date on which this Agreement was last updated will be noted immediately above this Agreement.
ElaineSmithWrites.com's Remedies
You acknowledge that Elaine Smith, Elaine Smith Writes and/or Write Track, Inc. may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Elaine Smith, Elaine Smith Writes and/or Write Track, Inc. shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.
Governing Law; Jurisdiction
You agree that: (i) Elaine Smith Writes and www.elainesmithwrites.com shall be deemed solely based in the State of Florida; and (ii) www.elainesmithwrites.com shall be deemed a passive Web site that does not give rise to personal jurisdiction over Elaine Smith, Elaine Smith Writes, and/or Write Track, Inc. either specific or general, in jurisdictions other than the State of Florida. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the state to be determined exclusively by Elaine Smith, Elaine Smith Writes and Write Track, Inc. in any legal action whether Elaine Smith Writes be Petitioner or Respondent and whether the action be a state or federal action. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Elaine Smith Writes, from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement and the Privacy Policy represent the entire understanding and agreement between you and Elaine Smith Writes regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.
If you have questions, comments, concerns or feedback regarding this Agreement or www.elainesmithwrites.com, please contact Elaine Smith Writes via any of the methods set forth below:
e-mail: info@elainesmithwrites.com
