Terms and Conditions of Service

for

http://www.writerizer.com

provided and maintained by

Writerizer LLC

Updated August 17, 2019

 

These terms and conditions are the rules and regulations for the use of Writerizer LLC's website and software available at http://www.writerizer.com and https://www.writerizer.com or anywhere else the software is located for use. 

Terminology

The following terms and definitions apply to these Terms and Conditions, Privacy Policy and Disclaimer Notice:

“Software Services” is the software products available at  http://www.writerizer.com and https://www.writerizer.com or anywhere else the same or like software is presented by Writerizer LLC for use.

“User”, "Client", "You" and "Your" is any person or entity engaged in using the software services.

“The Provider”, "The Company", "Ourselves", "We", "Our" and "Us" refers to Writerizer LLC and its designated and approved representatives.

“Both Parties” refers collectively to The Provider and the Client.

“The Site” and “The Website” refer to the software services.

“Agent” refers to a real estate agent, broker or person engaged, as an individual person, marketing real estate.

“Copy” refers to print and/or written text produced using the software services.

“Listing”, “Write-Up” and “Post” refer to any form of advertising of a real estate product for sale or lease in any form including but not limited to print, digital, internet broadcast, radio or television.

Use of the above terminology in capitalized, uncapitalized, plural or singular form will constitute the same meaning.

Acceptance

By using the site, you agree to all of the terms, conditions, rules and regulations outlined herein.  If at any time you do not agree to any and all of the terms, conditions, rules and regulations outlined herein then you agree to discontinue use of the site immediately by cancelling your subscription.

Cookies

We employ the use of cookies within the software services to enhance the user experience.  Cookies store personal information about the user in the web browser.  By using the site, you agree to the use of cookies by Writerizer LLC and any and all of our affiliate advertising partners.         

License

Unless specifically stated, Writerizer LLC and/or its licensors own and reserve all of the worldwide intellectual property rights, including copyright, for all material on/in the site.  The user may use the material furnished for their own personal use or for the use of a single agent.  Commercial use of the site and resale or reuse of the copy produced using the services is prohibited.  Commercial users wishing to use this product or incorporate it into their platform or website should contact the company directly, at customerservice@writerizer.com, as such use is prohibited by this license.  The user may not provide their log-in credentials to anyone or allow anyone to access the site with their credentials.  The user may not sell or otherwise benefit, either financially or otherwise, from providing access to the site or material produced on the site to other individuals or entities.  Users are permitted to publish copy produced using the site on up to ten (10) “for sale” listings, ten (10) social media posts and ten (10) print publications in each calendar month.  Use of more than these limits will constitute copyright infringement and a terms of use violation under this agreement.  Such violation will be subject to legal action, post-use supplemental billing or both.  If post-use supplemental billing is imposed, user agrees to pay Writerizer LLC an amount as demanded via emailed invoice not to exceed 100% of the monthly charge providing the pro rata use limits listed above.  In order to prevent copyright infringement and terms of use violations, the user agrees to pro-actively contact the provider directly when use beyond the aforementioned limits is expected and the provider agrees to provide an alternate fee structure to accommodate the users expected use.  If the user accepts the fee structure and pays the fee, the user’s use limits shall be increased and no further action will be required.

Unless otherwise stated, Writerizer LLC and/or it's licensors own the intellectual property rights for all material on Writerizer LLC. All intellectual property rights are reserved. You may view and/or print pages from http://www.writerizer.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

·         Republish print from http://www.writerizer.com unless that is the use which Writerizer LLC intends for the print.

·         Sell, rent or sub-license material and/or the services from, or available at, the site

·         Reproduce, duplicate or copy print from the site unless that is our intended use for that print.

·         Redistribute content from Writerizer LLC (unless content is specifically made for redistribution).

Intellectual Property and Reverse Engineering

The underlying code used on the site, as well as all visible components of the site are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the site may violate such laws and this Terms and Conditions of Service. Except as expressly provided herein, Writerizer LLC and its principals, equity owners and their heirs and the site's suppliers do not grant any express or implied rights to use the site. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the site, its components, or the services provided via the site except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the site.

User Comments

This Agreement shall begin on the date hereof.  Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. Writerizer LLC does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Writerizer LLC, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Writerizer LLC shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Writerizer LLC reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.

You warrant and represent that:

You are entitled to post the Comments on our website and have all necessary licenses and consents to do so; The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party; The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant to Writerizer LLC a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Web site without prior written approval as long as we feel the link would not reflect unfavorably on us or our accredited businesses:

·         Government agencies;

·         Search engines;

·         News organizations;

Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.  We may consider and approve in our sole discretion other link requests from the following types of organizations:

Commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union; dot.com community sites; associations or other groups representing charities, including charity giving sites, online directory distributors; internet portals; accounting, law and consulting firms whose primary clients are businesses; and educational institutions and trade associations.

We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of ; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site. If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to customerservice@writerizer.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

·         By use of our corporate name; or

·         By use of the uniform resource locator (Web address) being linked to; or

·         By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site and does not reflect unfavorably on us or our accredited businesses.

·         No use of Writerizer LLC's logo or other artwork will be allowed for linking absent a trademark license agreement.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you. Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Content Liability

We shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party-rights.

Use of Print Produced Using The Service

User agrees to proof-read and edit all print produced using the service before incorporating such print into any form of marketing.  We do not assume any liability for the suitability, quality and/or appropriateness of such print.  User assumes all liability arising from the use of print produced using the service and indemnifies us from all such claims whether the arise during or after the user has an active account for the service.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

·         limit or exclude our or your liability for death or personal injury resulting from negligence;

·         limit or exclude our or your liability for fraud or fraudulent misrepresentation;

·         limit any of our or your liabilities in any way that is not permitted under applicable law; or

·         exclude any of our or your liabilities that may not be excluded under applicable law.        

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:

·         are subject to the preceding paragraph; and

·         govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Maintenance and Up Time

We make no warranty either expressed or implied regarding the availability of the service.  The service shall be unusable and inaccessible at times due to maintenance and upgrades.  We agree to keeps such times to a minimum and to schedule foreseen maintenance and upgrade events at time which the service traffic is low.  User agrees to make no claims regarding our liability for lack of access to the service during service outages for any reason including but not limited to maintenance, upgrades and technical difficulties.

Pricing

Service pricing will be as advertised on the site and shall be subject to periodic changes.  For subscription-based use, we agree to provide user 30 days or more written notice, via email, regarding such changes.  User agrees to allow and approve charges outlined in such notices.  User has the ability to cancel the service at any time and may exercise that option if they do not agree to changes outlined in any notice.

Billing

Subscription management for the site is performed using Chargify. Chargify is a subscription management service separate from the site. You agree that Writerizer LLC is not liable for any and all losses that you may incur from the use of Chargify to manage and/or renew your subscription to the site. Privacy concerns regarding the use of Chargify for billing and subscription management are solely between you and Chargify. Chargify may link to outside merchants for the purpose of processing financial transactions on your account. While Writerizer LLC may choose those merchants, we are not liable for any and all losses that you may incur from those merchants processing your payments. Further, billing issues, privacy concerns and losses associated with the use of such merchant(s) to process your payments for the use of the site are between you and those merchants. You agree that any and all losses as a result of the use of such merchants is not the responsibility and/or liability of Writerizer LLC. Further, you agree that if issues of privacy, breach of data, unauthorized financial loss, or any other loss associated with the use of such merchants arise you will address those issues with the merchant(s) directly and will indemnify and hold Writerizer LLC harmless if litigation occurs as a result of your pursuit of any and all such merchants.

Periodic Updates to this Terms and Conditions of Service

This Terms and Conditions of Service can be updated at any time we desire.  Delivery of such updates to the user, via email, shall constitute user’s agreement to such changes 15 days after delivery.

Credit & Contact Information

Some of the content of this Terms and Conditions of Service page was created at termsandconditionstemplate.com generator. If you have any queries regarding any of our terms, please contact us at customerservice@writerizer.com.