This is a legal agreement between you, the "end user," and WriteExpress Corporation ("WriteExpress"). Reading and using materials on the WriteExpress.com web site indicates that you consent and agree to the terms of this agreement.
GRANT OF LICENSE:
WriteExpress hereby grants you the right to use the free materials which are shown on this website. These materials can be used only by the person who originally accessed these materials from this website.
Exclusively, WriteExpress or its licensors owns these materials, and this license does not transfer any ownership of the materials to you.
THESE materials CONSTITUTE INFORMATION GATHERED BY THE AUTHORS AND IS PROVIDED TO YOU "AS IS," AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THESE materials ARE NOT GUARANTEED OR WARRANTEED TO PRODUCE THE RESULTS INDICATED OR IMPLIED OR DESIRED BY THE USER. THEY ARE ONLY PROVIDED AS HELPFUL materials WHICH MAY OR MAY NOT PRODUCE A PARTICULAR RESULT IN ANY OR EVERY SITUATION.
LIMITATION OF LIABILITY:
In no event shall WriteExpress be liable for any damage produced by the end user's use of these materials. WriteExpress shall not be liable for any damages whatsoever arising out of or related to the use of or inability to use these materials, including but not limited to direct, indirect, special, incidental, or consequential damages.
These materials are the property of WriteExpress and WriteExpress retains complete title and copyright and any and all other rights and title to these materials whether they are in the possession or copied by the end user or on this website or existing in any other fashion. The end user retains only a license from WriteExpress to use the materials for his or her own personal use and for no other purpose.
The term of this agreement shall continue for 99 years from the date that the user reads and uses these materials. At that point all rights of the end user to use the materials will terminate and all rights stated in this agreement shall return to WriteExpress.
You may not use these materials or any derivative work of these materials in any program, on any website or in any other manner disseminate these materials to persons or entities other than yourself, whether for profit or not.
The use of these materials for the following activities is prohibited:
1) Defamatory or Abusive Letters or Messages: Using these materials to create, transmit, post, upload, or otherwise making available defamatory, harassing, abusive, or threatening material or language that encourages bodily harm, destruction of property or harasses another.
2) Facilitating a Violation of this Agreement of Use: Advertising, creating, transmitting, or otherwise making available any software product, product, or service that is designed to violate this Agreement
3) Export Control Violations: The transfer of technology, software, or other materials in violation of applicable export laws and regulations, including but not limited to the U.S. Export Administration Regulations and Executive Orders.
4) Other Illegal Activities: Using these materials in violation of applicable law and regulation, including, but not limited to, advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, pirating software, violating copyright laws or the facilitation of such copyright violation or making fraudulent offers to sell or buy products, items, or services.
5) Resale: The sale, transfer, or rental of these materials to customers, clients or other third parties, either directly or as part of a service or product created for resale.
6) Obscene or Indecent Speech or Materials: Using these materials to create, advertise, solicit, transmit, store, post, display, or otherwise make available obscene or indecent images or other materials. WriteExpress will notify and fully cooperate with law enforcement if it becomes aware of any use of these materials in connection with any illegal activities.
The end user agrees to indemnify and hold WriteExpress harmless as well as its suppliers and licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney's fees) arising out of or related to the end user's use of these materials, any violation of any third party's rights or an violation of law or regulation, or any breach of this agreement. This Section will not be construed to limit or exclude any other claims, defenses or remedies that WriteExpress may assert under this Agreement or by law.
This Agreement shall not be construed as creating a partnership, joint venture, agency relationship or granting a franchise between the parties.
This Agreement will be governed by and interpreted in accordance with Utah law, excluding its conflict of law principles. Except as otherwise provided above, any waiver, amendment or other modification of this Agreement will not be effective unless in writing and signed by the party against whom enforcement is sought. If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of this Agreement. WriteExpress's performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement shall waive or impede WriteExpress's right to comply with law enforcement requests or requirements relating to the end user's use of these materials or information provided to or gathered by WriteExpress with respect to such use. This Agreement constitutes the complete and entire statement of all terms, conditions and representations of the agreement between the end user and WriteExpress with respect to its subject matter and supersedes all prior writings or understanding. In the event that litigation is initiated, it is agreed that jurisdiction and venue will only be proper in Provo, Utah and that all litigation will be filed and prosecuted in the Fourth District Court of Utah County, State of Utah. It is also agreed that remedies at law may be insufficient to effectuate the terms of this agreement and that injunctive relief may be sought and obtained either prior to or as a result of litigation in order to prevent irreparable harm. In the event of litigation to enforce any provision of this contract the prevailing party shall be entitled to attorneys fees and court costs.