Legal Notices - Terms of Use

Please review the following terms and conditions carefully. This agreement is a legally binding contract between you ("You" or "Your") and Hurley Write, Inc. ("Hurley Write," "We," "Us" or "Our") regarding Your access to and use of Our web site (the "Site"). By accessing the Site, You agree to the terms and conditions as outlined in this legal notice. If You do not agree, You should not use this Site.

We reserve the right to change these terms and conditions from time to time at Our sole discretion by posting such revised terms and conditions on the Site. Your continued use of the Site following any such change constitutes Your agreement to follow and be bound by the terms and conditions as changed.

1. Proprietary Rights and Use Restrictions

All material on the Site, including without limitation all informational text, photographs, graphics, audio, video, messages, files, documents, images or other materials (collectively, the "Materials"), whether publicly posted or privately transmitted, as well as all derivative works, are owned by Us or other parties that have licensed their material to Us and is protected by copyright, trademark and other intellectual property laws. We disclaim any proprietary interest in trademarks, service marks, logos, slogans, domain names and trade names other than our own. Trademarks, logos, images and service marks displayed on the Site are either the property of third parties or Hurley Write, including, but not limited to the “Hurley Write, inc.” pen logo and the phrase “Better tools, informed choices, proven results.” You agree not to display or use such marks without Our prior written permission. You recognize and agree that Hurley Write claims common law trademark rights in any mark, the use of which on the Site is accompanied by a TM or SM designation, and you agree not to display or use such marks without Our prior written permission.

Unless otherwise specified, the services offered on the Site are for individual, personal use. The Materials on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means. Any modification of the Materials, use of the Materials on any web site or networked computer environment, or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyright, trademark, and other proprietary rights in the Materials and is expressly prohibited.

You understand and agree that services offered at the Site are time-limited, and that particular services, modules, sections or units thereof may expire, be removed, or otherwise be unavailable beyond a predetermined time. No such services, modules, sections or units thereof will expire prior to a scheduled time, which time is clearly communicated to You in advance. You assume all risk and responsibility for Your failure to access, view or complete any such services, modules, sections or units thereof within the allotted and announced time.

The services offered on the Site are for individual, personal use at the Site only, unless otherwise specified. You agree not to capture, store, or distribute any software module, program, applet, or audio or video stream transmitted or downloaded to Your computer for execution as part of the services provided on the Site.

Option 1:

I agree and understand that I will have access to each module for seven (7) days commencing the day I register, and that fees will be assessed for additional access above and beyond the seven (7) days allotted.

Option 2:

I agree and understand that I will have access to each module for fourteen (14) days commencing the day I register, and that fees will be assessed for additional access above and beyond the fourteen (14) days allotted.

Option 3:

I agree and understand that I will have access to each module for one hundred and eighty (180) days commencing the day I register, and that fees will be assessed for additional access above and beyond the one hundred and eighty (180) days allotted.

2. Your Conduct

You agree not to:

a. upload, transmit, post, email or otherwise make available to the Site, any content or other material in any format that: (i) is false, inaccurate, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another's privacy, libelous and/or otherwise objectionable; (ii) infringes any third party's intellectual property; or (iii) contains viruses, worms, Trojan horses, corrupted files, or any other similar software or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

b. alter, remove, or falsify any attributions or other proprietary designations of origin or source of any other content appearing on the Site or contained in a file that is uploaded to the Site;

c. impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

d. knowingly allow any person to access the Site by falsely misrepresenting himself or herself as You;

e. attempt, through any means, to gain unauthorized access to the Site, or another user's account on the Site; or

f. use any robot, bot, spider, crawler, other automatic device, or manual process to monitor or copy web pages or any content contained in or accessible at the Site without Our prior express written permission. Additionally, You agree that You will not take any action that imposes an unreasonable or disproportionately large load on Our infrastructure.

The use of any device, software or routine that interferes or attempts to interfere with the proper working of the Site is expressly prohibited. If you are issued a password, You may not disclose or share Your password with any third parties or use Your password for any unauthorized purpose. In any case, You remain solely responsible for any authorized or unauthorized use of Your password.

3. Ability to Contract

You declare and agree that You are not a minor and that You are not under any legal disability that prevents You from entering into a legally binding contract. You agree that You accept these Terms of Use voluntarily and that You are free from any duress or undue influence in doing so.

4. Submissions

As part of the services offered at the Site, you may be permitted to submit exercises, essays, reports, and/or other writings (“Work”) for review and critique by Our staff. You covenant and warrant that all such Work is original to You. You retain all copyrights in such Work. Except as may be provided in a separate Confidentiality/Non-Disclosure Agreement, You covenant and warrant that all such Work does not constitute a trade secret or other proprietary information. We will exercise reasonable and ordinary care in maintaining the confidentiality of submitted Work and Our critique thereof. You acknowledge that you are responsible for whatever material you submit, and you, not Us have full responsibility for the Work, including its legality, appropriateness, originality, and copyright.

5. Critique of Work Submitted

A valuable feature of the Site is Our review and critique of Work You create and submit. This critique is objective, impartial, and is intended to assist You to complete and obtain maximal benefit from the interactive writing workshops and other services offered on the Site. Our critique of Your Work is not intended to disparage, ridicule, belittle or demean You or Your Work in any way. By submitting a Work for critique, you agree to accept the critique as constructive criticism intended to improve your skills. In no event will We incur any liability for any condition, including but not limited to emotional distress, depression or anxiety, or for any acts stemming from such condition, resulting from our critique or from any misunderstanding of the nature or intent of such critique.

6. Time Limitation of Class

You agree to complete the course within six (6) months of registering. You understand that failure to complete the course within six (6) months of registering will result in Your access to the course being eliminated and should You desire to take the course again, You will be required to pay full price, whatever that price is at the time, to register for, and take, the course again. You understand and agree that this action is reasonable. You agree that We will not be liable or responsible for Your inability to complete the course and that We are not responsible for ensuring that You complete the course within the six (6) month time frame.

7. Registration

Some areas of the Site may require registration for use. In those instances, We require that You complete the registration process We provide by supplying Us with current, complete and accurate information as prompted by the registration form. You further agree to maintain and promptly update any registration information in order to keep it true, accurate, current and complete. Our use of the registration information is governed by our Privacy Policy.

7. Password and Security

Upon registration for Your account, You will choose or be assigned a user identification name and a password. You are solely responsible for maintaining the confidentiality of Your password and user ID. Furthermore, You understand and agree that the account is Yours, individually, and that You are solely responsible for any and all activities that occur under Your account, including but not limited to, ensuring that You completely exit from Your session at the Site. Additionally, You agree to immediately notify Us of any unauthorized use of Your password, account or any other breach of security.

The services offered on the Site are for individual, personal use. You agree that You will not share, reveal, divulge, distribute or disseminate any password assigned to or chosen by You to authorize Your use of the Site. If you configure Your computer to automatically log onto the Site by storing and automatically providing Your username and password, You agree and warrant that no other person will be granted access to Your computer, unless such automatic logging onto the Site is disabled.

8. Links to Other Web Sites

The Site may contain links to third party sites. The linked sites are not under Our control and We do not endorse, adopt or undertake any responsibility for the content or privacy practices of any linked site.

9. Disclaimer of Warranties

a. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. YOU AGREE THAT NO REFUNDS WILL BE GRANTED AFTER YOU HAVE ACCESSED THE SITE.

b. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS, IF ANY, THAT MAY BE OBTAINED FROM THE USE OF THE SITE.

c. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

d. YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED AT OR IN CONNECTION WITH THE SITE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.

e. WE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED AT THE SITE. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

f. WE MAKE NO WARRANTY REGARDING ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE.

10. Limitation of Liability

WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF FORESEEABLE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. Indemnification

You agree to indemnify, hold harmless and release Us, and each of Our respective subsidiaries, affiliates, officers, agents, licensees, co-branders or other partners, and employees, from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to Your use of the Site and/or any content contained therein.

12. Changes to the Site

We reserve the right to modify, suspend or discontinue all or any portion of the Site at any time, with or without notice. Unless stated otherwise, any new features to the current Site shall be subject to these Terms of Use. These Terms of Use may be modified by Us at any time. Any such changes will be posted on the Site. Your continued use of the Site shall be deemed acceptance of any modifications.

13. Failure to Abide by these Terms

We may in Our sole discretion terminate or suspend Your account and any current activities at the Site immediately without notice to You if You breach these Terms of Use or if We are unable to verify or authenticate any information that You provide to Us. In the event of such termination or suspension, You agree that We shall not be liable to You or any third party for said termination or suspension.

14. Governing Law; Consent to Jurisdiction

You agree that these Terms of Use are governed by the laws of the State of North Carolina (notwithstanding any principles of conflict of laws) and that proper and convenient venue lies exclusively with the North Carolina Courts of General Justice and/ or the United States District Court for the Eastern District of North Carolina. You agree to be subject to the personal jurisdiction of the state and federal courts sitting in or having jurisdiction over Wake County, North Carolina, U.S.A. in the event that any litigation results concerning any aspect arising out of these Terms of Use.

15. Miscellaneous

These Terms of Use constitute the entire agreement between You and Us with respect to the Site. If any provision of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms, which shall remain in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND US WHICH SUPERSEDES ANY PROPOSED OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND US RELATING TO YOUR USE OF THE SITE.