RN2writer Terms of Service
Welcome, and thank you for your interest in Inkslinger Communications LLC, DBA RN2writer (“Inkslinger,” "RN2writer," “we,” “us,” or "our"), which operates the web site located at https://rn2writer.com and other websites (collectively, the “Website”) and related application programming interfaces (“APIs”), mobile applications and online services, including, but not limited to, the Success Society community on the Heartbeat platform and related applications, any Downloadable Content (as defined below), and any other products and services that Inkslinger may provide now or in the future (collectively, the “Services”). The following Terms of Service are a legal contract between you (“you” and “your”) and RN2writer regarding your use of the Services. Visitors and users of the Services are referred to individually as “User” and collectively as “Users”. Use of the Services is governed by these Terms of Service and our Inkslinger Communications Privacy Policy (above), where the Privacy Policy describes the personal information that we collect and how we use and share it.
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, AND ANY ADDITIONAL GUIDELINES (AS DEFINED BELOW) (COLLECTIVELY, THE “TERMS”), AND THAT YOU HAVE READ THE RN2WRITER PRIVACY POLICY AND/OR RN2WRITER REFUND POLICY (AS APPLICABLE TO WHICH SERVICES YOU CHOOSE TO USE).
1. Eligibility; Accounts
THE SERVICES ARE NOT AVAILABLE TO: (A) ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SERVICES BY RN2WRITER, OR (B) ANY PERSONS UNDER THE AGE OF 13 (OR UNDER THE LEGAL AGE OF CONSENT IN YOUR COUNTRY).
1.1. Acceptance
By clicking the “I Agree,” "Buy Now," "Complete Purchase," or any other such button or by otherwise using or registering an account for the Services or by using the Services as an employee or contractor, you represent that (i) you are a US resident at least 13 years of age, or (ii) you are not a US resident, and are of legal age of consent to open an account under the laws of your country of residence. You also represent that you have not been previously suspended or removed from the Services by RN2writer, and that your registration and your use of the Services is in compliance with any and all applicable laws.
1.2. Account
In order to use certain features of the Services, you must register an account. You may only register one [1] account. You may be asked to provide a password in connection with your account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to RN2writer, whether at registration or at any other time, will be true, accurate, current, and complete. You agree never to share your login credentials with another person. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), then you agree to immediately notify the RN2writer Care Team. You may be liable for the losses incurred by RN2writer or others due to any unauthorized use of your Services account.
1.3. Integrated Service
RN2writer may permit you to register for the Services through, or otherwise associate your RN2writer account with, certain third party social networking or integrated services, such as Facebook Connect, Google, and Heartbeat (“Integrated Service”). By registering for the Services using (or otherwise granting access to) an Integrated Service, you agree that RN2writer may access your Integrated Service’s account information, and may store and use certain information already associated with the Integrated Service consistent with our Privacy Policy, and you agree to any and all terms and conditions of the Integrated Service regarding your use of the Services via the Integrated Service. You may revoke RN2writer's access to your account on any Integrated Service at any time by updating the appropriate account settings of the respective Integrated Service. You should check your account settings on each Integration Service to understand the information sent to us through each Integration Service, and any changes you can make in those account settings. You agree that any Integrated Service is a Reference Site (as defined below) and you are solely responsible for your interactions with the Integrated Service as a result of accessing the Services through the Integrated Service. RN2writer does not control the practices of Integrated Services, and you are advised to read the privacy policy and terms and conditions of any Integrated Service that you use to understand their practices.
2. Privacy Policy
Your privacy is important to RN2writer. Please read the RN2writer Privacy Policy (above) carefully for information relating to RN2writer's collection, use, and disclosure of your personal information. Among other things, our RN2writer Privacy Policy explains how we treat your personal information and protect your privacy when you use our Services.
3. Refund Policy
In conformance with U.S. federal laws, all RN2writer products include a limited money-back guarantee with terms that vary per product. Refunds will only be accepted and processed in conformance with the RN2writer Refund Policy, as amended from time to time. Please read the refund policies carefully prior to making any purchases from RN2writer. You agree to be bound by the terms of the RN2writer Refund Policy in effect at the time of your purchase.
4. Other Guidelines
When using the Services, you will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”), specifically including the RN2writer Refund Policy. All such Guidelines are hereby incorporated by reference into the Terms. You and your use of the Services must comply at all times with these Terms, and the Acceptable Use Policy.
4. Modification of the Terms
4.1. General
Upon opening an account, you accept the Terms in the form posted on our website. RN2writer reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms and any Guidelines periodically for changes that are made after you open your account. Your continued use of the Services after the posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, RN2writer will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Services, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and (ii) thirty days after RN2writer makes reasonable attempt to provide you such notice. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.
5. User Content License Grant
5.1. User Content and Ownership
The Services include features that allow Users to: (a) post and/or publish questions, comments, notes, ratings, reviews, images, videos and other audio-visual materials and communications and (b) ask questions, make comments, provide feedback, and otherwise participate in live (recorded) video coaching sessions and (c) post and/or publish your name and likeness (collectively, “User Postings”). You understand that whether or not such User Content is published, RN2writer does not guarantee any confidentiality with respect to any User Posting. Consistent with Applicable Law, as between RN2writer and you, you retain all ownership rights you have in any User Content you post or publish to the Services, and RN2writer does not claim any ownership rights in or to such User Content.
You acknowledge that you are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.
5.2. License Grant to RN2writer
By posting, submitting or distributing User Content on or through the Services, including by participating in coaching sessions, you hereby grant to RN2writer a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free right and license to (a) host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed, to the extent consistent with applicable law and RN2writer's Privacy Policy) and (b) use your name and likeness in conjunction with your User Content. Such license is perpetual and irrevocable, except to the extent required to comply with Applicable Privacy Law relating to ownership and control of your personal information.
5.3. License Grant to Users
5.3.1 User Postings. By posting, submitting or distributing User Postings through the Services, you hereby grant to each User of the Services a non-exclusive license to access and use your User Postings in any manner permitted or made available by RN2writer through the Services.
5.3.2 Downloadable Content. The services may permit you to download mobile applications or certain digital educational content ("Downloadable Content"). Subject to your complete and ongoing compliance with all the terms and conditions set forth herein, RN2writer grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, view and use the Downloadable Content, in object code form, on devices owned or controlled by you, solely for your personal, non-commercial purposes. You agree not to (i) modify or create derivative works of the Downloadable Content (ii) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management, technical limitations or security features in or protecting the Downloadable Content, and (iii) remove any copyright and other proprietary notices on the Downloadable Content and all copies thereof.
5.4. Access to Your User Content
RN2writer may permit Users to share their User Content with a select group of other Users, or make their User Content public for all (even non-Services users) to view. You acknowledge and agree that, although RN2writer may provide certain features intended to allow you to restrict some User Content you create from others, RN2writer does not guarantee that such User Content will never be accessible by others. In the event of unauthorized access, RN2writer will use reasonable efforts to notify you pursuant to Section 15.1 (Notice) below. RN2WRITER HEREBY DISCLAIMS ANY AND ALL LIABILITY WITH RESPECT TO ANY UNAUTHORIZED ACCESS TO ANY RESTRICTED USER CONTENT.
5.5. User Content Disclaimer
You understand that when using the Services you will be exposed to User Content from a variety of sources, and that RN2writer is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against RN2writer with respect thereto. RN2writer does not endorse any User Content or any opinion, recommendation or advice expressed therein, and RN2writer expressly disclaims any and all liability in connection with User Content.
5.6. Feedback
We encourage and welcome your feedback on our Services and Betas (as defined in Section 13.4). By submitting suggestions or other feedback related to our Services to us, you agree that we can (but do not have to) use and share such feedback for any purpose without compensation to you. We will honor any limits we agree to at the time we collect feedback. You may identify errors or bugs, provide suggestions on the user experience, and offer other ideas, suggestions, guidance, or other information related to our Services and Betas. We may solicit Feedback from you and your authorized Users, via surveys, interviews, observations, or other interactions. Participation in surveys and interviews is optional. You understand that you will not receive any compensation for your feedback or suggestions. You grant us a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate your feedback into our Services or to develop new features and services.
6. Digital Millennium Copyright Act
It is RN2writer's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. Notifications should be sent to [email protected]. RN2writer will promptly terminate without notice your access to the Services if you are determined by RN2writer to be a “repeat infringer.” A repeat infringer is a User who has been notified by RN2writer of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Services more than twice.
7. Proprietary Materials; Licenses
7.1. Proprietary Materials
The Services are owned and operated by Inkslinger Communications LLC. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Services (the “Services Materials”) are protected by United States and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights. Except for any User Content provided and owned by Users and except as otherwise set forth in this Section 7 (Proprietary Materials; Licenses), all Services Materials, and all trademarks, service marks, and trade names, contained on or available through the Services are owned by or licensed to Inkslinger/RN2writer, and RN2writer reserves all rights therein and thereto not expressly granted by these Terms.
7.2. Licensed Educational Content
RN2writer may make available on the Services certain educational modules, lessons, videos, exercises, and related supplementary materials that are owned by RN2writer (the “Licensed Educational Content”). RN2writer grants to you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Services by RN2writer solely for your personal, non-commercial purposes. Unless expressly indicated on the Services that a particular item of Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify, or otherwise provide access to the Licensed Educational Content to any third party.
7.3. Non-Commercial Use
The Licensed Educational Content is intended for personal, non-commercial use only. Without limiting the foregoing, and notwithstanding the terms of any Alternate License for such Licensed Educational Content, the Licensed Educational Content may not be used, distributed or otherwise exploited for any commercial purpose, commercial advantage or private monetary compensation, unless otherwise previously agreed in writing by RN2writer.
7.4.1 Impermissible Uses. Without limiting the generality of the foregoing, the following are types of uses that RN2writer expressly defines as falling outside of "non-commercial use:
7.4.1.1. the sale or rental of (1) any part of the Licensed Educational Content, (2) any derivative works based at least in part on the Licensed Educational Content, or (3) any collective work that includes any part of the Licensed Educational Content;
7.4.1.2. providing training, support, or editorial services that use or reference the Licensed Educational Content in exchange for a fee; and
7.4.1.3. the sale of advertisements, sponsorships, or promotions placed on the Licensed Educational Content, or any part thereof, or the sale of advertisements, sponsorships, or promotions on any website or blog containing any part of the Licensed Educational Material, including without limitation any “pop-up advertisements”.
7.4.2. Use Characterization. Whether a particular use of the Licensed Educational Content is "non-commercial" depends on the use, not the user.hus, a use of the Licensed Educational Content that does not require that users pay fees and that does not provide an entity with a commercial advantage is "non-commercial," even if this use is by a commercial entity. Conversely, any use that involves charging users in connection with their access to the Licensed Educational Content is not "non-commercial," even if this use is by a non-profit entity.
7.4. Crediting RN2writer
If you receive advance permission from RN2writer to distribute, publicly perform or display, transmit, publish, or otherwise make available any Licensed Educational Content or any derivative works thereof, you must also provide the following notice prominently along with such Licensed Educational Content or derivative work thereof: “Courtesy of RN2writer. Copyright [year] Inkslinger Communications LLC."
8. Prohibited Conduct
YOU AGREE NOT TO:
8.1. use the Services for any commercial use or purpose unless expressly permitted by RN2writer in writing, it being understood that the Services and related services are intended for personal, non-commercial use only;
8.2. except as expressly permitted under Sections 5.3 (License Grant to Users) and 7 (Proprietary Materials; Licenses) of these Terms, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services Materials;
8.3. post, upload, generate, promote, or distribute any defamatory, discriminatory, libelous, or inaccurate User Content or other content;
8.4. post, upload, generate, promote, glorify, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, sexually explicit, harassing, threatening, embarrassing, distressing, vulgar, hateful, hate speech, racially or ethnically offensive, promoting of violence, self-harm, harm to others (individuals, society or organizations), hostility, or discrimination, false or misleading, misinformation, malware, content intended to cause harm, or otherwise inappropriate;
8.5. use the Services in any manner that is harmful to minors, or in any manner that violates RN2writer’s Community Guidelines;
8.6. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, create accounts via bots or other automated means, mislead any person regarding whether Output generated by or through use of the Services is human-generated, or perform any other fraudulent activity;
8.7. use of the Services to commit any act of educational dishonesty;
8.8. develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy lessons and other data from the Services;
8.9. Use bots or other automated methods to access the Services;
8.10. delete (or otherwise obscure or alter) the copyright or other proprietary rights notices on the Services or on any Licensed Educational Content, Licensed Educational Code, or User Content;
8.11. assert, or authorize, assist, or encourage any third party to assert, against RN2writer or any of its affiliates or licensors any patent infringement or other intellectual property infringement claim regarding any Licensed Educational Content or User Content you have used, submitted, or otherwise made available on or through the Services;
8.12. make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services (including, but not limited to, unsolicited advertising, promotional materials, political campaign materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures) for period of five [5] years after the cessation of your participation in RN2writer programs. "Cessation" shall be defined as the most recent date you either: (a) logged in to your account OR (b) created User Content on any of the Services;
8.13. use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.14. defame, harass, bully, abuse, threaten or defraud Users of the Services, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.15. probe, scan, remove, circumvent, disable, damage or otherwise interfere with or test the vulnerability of security-related features of the Services, Licensed Educational Content or User Content, features that prevent or restrict use or copying of any content accessible through the Services, or features that enforce limitations on the use of the Services, Licensed Educational Content or User Content, or otherwise access, tamper with, or use non-public portions of the Services without our authorization;
8.16. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law (in which case you must Contact RN2writer to give notice of the proposed activity and discuss alternative means to obtain the desired information from RN2writer) notwithstanding this limitation;
8.17. modify, adapt, translate or create derivative works based upon the Services or any part thereof, except and only to the extent expressly permitted by RN2writer herein or to the extent the foregoing restriction is expressly prohibited by applicable law (in which case you must Contact RN2writer to give notice of the proposed activity and discuss whether RN2writer is willing to provide the desired derivative works); or
8.18. intentionally interfere with or damage operation of the Services or any user’s enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks, any prompt injection attack or other attempt to interfere with intended functionality of the Services, or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; or
8.19. engage in business activities substantially similar to, or in direct competition with, those of RN2writer, including, but not limited to, providing courses, instruction, coaching, mentoring, consulting or related activities to the general public on the topics of writing, freelance writing, or the writing industry for a period of two [2] years after the cessation of your participation in RN2writer programs. "Cessation" shall be defined as the most recent date you either: (a) logged in to your account OR (b) created User Content on any of the Services.
9. Third-Party Sites, Products and Services; Links
The Services may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). RN2writer does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK.
10. Term and Termination
10.1. Term
These Terms shall remain in full force and effect while you use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services.
10.2. Termination by RN2writer
RN2writer, in its sole discretion, for any or no reason, and without penalty, may: (a) restrict, suspend or terminate: (i) any account (or any part thereof) you may have with RN2writer or (ii) your use of the Services, and (b) remove and discard all or any part of your account, User profile, and User Content, at any time. RN2writer may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services or any account you may have, or portion thereof, may be affected without prior notice, and you agree that RN2writer will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies RN2writer may have at law or in equity. As discussed herein, RN2writer does not permit copyright, trademarks, or other intellectual property infringing activities on the Services, and will terminate access to the Services, and remove all User Content or other content submitted, by any Users who are found to be repeat infringers.
10.3. Termination by You
Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any term of these Terms, (iii) Guidelines, (iv) any policy or practice of RN2writer in operating the Services, or (v) any content or information transmitted through the Services, is to terminate the Terms and your account. You may terminate these Terms at any time (prospectively only) by deleting your login account with the Services and discontinuing use of any and all parts of the Services. You may delete your login account by contacting the RN2writer Care Team.
10.4. Responsibility for Pre-Termination activity
Termination of the Terms as to any User account will not limit RN2writer's rights and remedies regarding any breach of these Terms occurring prior to such termination.
11. Representations and Warranties
You warrant, represent and agree that you will not provide any User Content or otherwise use the Services in a manner that (i) infringes, violates or misappropriates another's intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render RN2writer in violation of any applicable laws or regulations, including without limitation, Applicable Privacy Laws (collectively, “Applicable Law”); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise Prohibited Conduct as defined in Section 8 of these Terms; or (iv) jeopardizes the security of your account or the Services in any way, such as allowing someone else access to your account or password or submitting User Content that contains viruses. Additionally, you represent, warrant and agree that (i) you possess all rights necessary to provide your User Content and grant Company the rights in these Terms and (ii) you will comply with Applicable Laws in connection with your use of the Service.
12. Indemnification
You agree, to the extent permissible under your state’s laws, to indemnify, defend, and hold harmless RN2writer, and its parent, successors, affiliated companies, contractors, officers, directors, employees, agents and its third-party suppliers, licensors, and partners (“RN2writer Parties") from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party relating to or arising out of (i) your access to, use or misuse of the Services; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein; (iv) your failure to comply with Applicable Laws (including any failure to obtain or provide any required consent or notice); (v) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (vi) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users. RN2writer reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify RN2writer, and you agree to cooperate with RN2writer’s defense of these claims. You agree not to settle any such matter without the prior written consent of RN2writer. RN2writer will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
13. Disclaimers; No Warranties
13.1. No Warranties
THE WEBSITE, AND ALL DATA, INFORMATION, SOFTWARE, WEBSITE MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE WEBSITE (THE "RN2WRITER OFFERINGS"), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE RN2WRITER PARTIES DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RN2WRITER OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
13.2. Content
RN2WRITER, AND THE RN2WRITER PARTIES, DO NOT WARRANT THAT THE WEBSITE OR ANY DATA, USER CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE WEBSITE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
RN2WRITER AND THE RN2WRITER PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT (1) THE RN2WRITER OFFERINGS WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.
13.3. Earnings: No Guarantees; No Representation or Warranties
1. General. RN2WRITER AND THE RN2WRITER PARTIES HAVE MADE EVERY EFFORT TO ACCURATELY REPRESENT OUR PRODUCTS AND SERVICES. THE REPRESENTATION OF THE EARNING POTENTIAL OF OUR PRODUCTS AND SERVICES IS SUBJECT TO OUR INTERPRETATION.
WHILE THE EARNINGS POTENTIAL FOR THOSE PEOPLE THAT USE OUR PRODUCTS AND SERVICES IS USUALLY VERY ENCOURAGING, YOU ACKNOWLEDGE THAT YOUR PERSONAL EARNING POTENTIAL IS SUBJECT TO MANY INDEPENDENT FACTORS, ALL OF WHICH VARY FROM INDIVIDUAL TO INDIVIDUAL, ARE OFTEN OUT OF ANY INDIVIDUAL’S CONTROL, AND ARE OUT OF THE CONTROL OF RN2WRITER AND THE RN2WRITER PARTIES.
AS SUCH, WE MAKE NO WARRANTY OR GUARANTEE OF ANY KIND THAT YOU WILL EXPERIENCE ANY SPECIFIC LEVEL OF EARNINGS OR ACHIEVE ANY SPECIFIC LEVEL OF SUCCESS BY USING OUR PRODUCTS AND SERVICES. ANY EXAMPLES WE HAVE PROVIDED SHOULD NOT BE INTERPRETED AS ANY GUARANTEE OF EARNINGS. YOUR RESULTS MAY VARY FROM THOSE OF THE INDIVIDUALS WE FEATURE IN OUR TESTIMONIALS AND SUCCESS STORIES. ADDITIONALLY, WE DO NOT ASSERT THAT OUR PRODUCTS AND SERVICES REPRESENT A “GET RICH SCHEME.”
RN2WRITER AND THE RN2WRITER PARTIES DO NOT OFFER YOU ANY DIRECT FINANCIAL ADVICE, NOR ARE WE RESPONSIBLE FOR ANY FINANCIAL DECISIONS YOU MAKE. AS ALWAYS, IT IS YOUR SOLE RESPONSIBILITY TO DISCUSS THE LEGALITY OR FINANCIAL SOUNDNESS OF ANY DECISION YOU MAKE WITH A QUALIFIED PROFESSIONAL BEFORE MAKING SUCH A DECISION.
2. Forward-Looking Statements. INFORMATION FOUND IN RN2WRITER PRODUCTS AND SERVICES MAY CONTAIN INFORMATION THAT INCLUDES FORWARD-LOOKING STATEMENTS AS DEFINED BY THE “PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995.” RN2WRITER BASES ANY FORWARD-LOOKING STATEMENTS SOLELY UPON OUR EXPECTATIONS ON EVENTS THAT HAVE NOT YET OCCURRED. YOU CAN EASILY IDENTIFY SUCH STATEMENTS, AS THEY DO NOT RELATE SPECIFICALLY TO ANY FACTS, WHETHER HISTORICAL OR IN CURRENT DAY. THESE STATEMENTS USE WORDS SUCH AS “ANTICIPATE,” “BELIEVE,” “ESTIMATE,” “EXPECT,” “INTEND,” “PLAN,” “PROJECT,” AND OTHER SUCH WORDS THAT IMPLY SIMILAR MEANING IN CONNECTION WITH A DESCRIPTION OF POTENTIAL EARNINGS AND FINANCIAL PERFORMANCE.
ANY AND ALL FORWARD-LOOKING STATEMENTS USED WITH OUR PRODUCTS AND SERVICES ARE SOLELY BASED UPON OUR OPINION OF EARNINGS POTENTIAL. AS THERE ARE MANY FACTORS THAT WILL DETERMINE YOUR ACTUAL RESULTS, WE MAKE NO GUARANTEES THAT YOU WILL ACHIEVE SIMILAR OR ANY RESULTS FROM YOUR USE OF OUR PRODUCTS AND SERVICES.
13.4. Affiliate and Advertising Disclaimer
RN2writer mentions these products and services to you as a convenience only. It is your responsibility to perform your own due diligence to find the products and services that work best for you. RN2WRITER MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE SUITABILITY OR PERFORMANCE OF ANY PRODUCT OR SERVICE WE MAY REVIEW OR THAT YOU MAY ACCESS VIA AN ADVERTISEMENT OR AFFILIATE LINK ON THE WEBSITE.
Some of RN2writer's major advertisers (affiliates) include:
- Microsoft
- Google
- Amazon
- American Express
This list is not all-inclusive, as RN2writer partners with many smaller organizations as affiliates, too.
RN2writer makes every effort to ensure that all affiliate links are disclosed in accordance with Federal Trade Commission guidelines. Nonetheless, you should assume that any link leading you to a product or service is an affiliate link and that we will receive a commission from your purchase.
13.5. Betas: “As Is” No Guarantees; No Representation or Warranties
- We may provide a limited license for You to access: betas (or otherwise pre-release Services that are under development), prototype or experimental features, pilot programs, limited release access, trials, or time-bounded evaluation licenses (each a “Beta”). A Beta may have limited functionality. Some of the features may still be tested, known to make errors and provide incorrect information at times, and may have other bugs. Betas may not become fully developed or generally available. RN2writer does not commit to maintaining any Betas and may change (or remove) Betas at any time. You understand that RN2writer is not obligated to provide support for Betas.
- Participation in Betas is for a limited time, and you may not be invited to receive access. Access to a Beta is being offered “as-is” solely for the purposes of RN2writer testing, evaluating, and improving such features and their educational applications, including by collecting customer feedback, or for customer evaluation. RN2writer reserves the right to select participants, modify terms of participation, suspend access to the Betas, or terminate the Beta in its sole discretion. If you accept the invitation to receive access to a Beta, you represent and warrant that you meet any criteria for participating in the Beta (“Eligibility”). If you wish to stop using a Beta, you may do so at any time. For so long as you have access to a Beta, then this Section 13.3 applies.
- YOU ACKNOWLEDGE AND AGREE THAT BETAS MAY FUNCTION FOR A LIMITED PERIOD OF TIME, HAVE LIMITED FEATURES, MAY MAKE ERRORS, AND HAVE OTHER LIMITATIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY, RN2WRITER IS PROVIDING BETAS “AS IS”, AND RN2WRITER DISCLAIMS ANY AND ALL WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND STATUTORY WARRANTIES OF NON-INFRINGEMENT, LIABILITIES, AND INDEMNIFICATION OBLIGATIONS OF ANY KIND. IN THE EVENT OF A CONFLICT BETWEEN THIS SECTION 13.3 AND ANY OTHER TERMS, THIS SECTION 13.3 WILL SUPERSEDE SUCH TERMS WITH RESPECT TO BETAS.
13.6. Harm to Your Computer
YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, WEBSITE MATERIALS, SOFTWARE, OR DATA THROUGH THE WEBSITE (INCLUDING THROUGH ANY API’S) IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
13.7. Limitations by Applicable Law
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
14. Limitation of Liability and Damages
14.1. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL RN2WRITER OR THE RN2WRITER PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) EVEN IF RN2WRITER OR A RN2WRITER PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING (i) TO THE TERMS; (ii) YOUR USE OF (OR INABILITY TO USE) THE WEBSITE OR THE RN2WRITER OFFERINGS, OR (iii) ANY OTHER INTERACTIONS WITH RN2WRITER OR ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE RN2WRITER OFFERINGS, INCLUDING OTHER USERS,. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, RN2WRITER ’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14.2. Limitation of Damages
IN NO EVENT WILL RN2WRITER ’S OR THE RN2WRITER PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE WEBSITE OR YOUR INTERACTION WITH OTHER WEBSITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO RN2WRITER, IF ANY, FOR ACCESSING THE WEBSITE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
14.3. Basis of the Bargain
YOU ACKNOWLEDGE AND AGREE THAT RN2WRITER HAS OFFERED THE WEBSITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND RN2WRITER, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND RN2WRITER . RN2WRITER WOULD NOT BE ABLE TO PROVIDE THE WEBSITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
14.4. User Interactions and Release
14.4.1 User Disputes. RN2writer is not responsible for the actions, content, information or data of other third parties, including other Users. You are solely responsible for your interactions with other users of the Services, and any other parties with whom you interact through the Service. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. We reserve the right, but have no obligation, to become involved in any way with these disputes.
14.4.2. Release. If you have a dispute with one or more Users, you release us (and the RN2writer Parties) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. If you are a California resident, you waive your rights uner Californa Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor." And if you are not a California resident, you waive your rights under any applicable statutes of a similar effect, to the fullest extent permissible under applicable law.
15. Miscellaneous (Including Dispute Resolution and Arbitration)
15.1. Notice
RN2writer may provide you with notices, including those regarding changes to the Terms, by email, regular mail, postings on the Services, or other reasonable means. Notice will be deemed given twenty-four hours after email is sent, unless RN2writer is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Services. In such case, notice will be deemed given three days after the date of mailing. Notices posted on the Services are deemed given 30 days following the initial posting. Any notices directed to RN2writer shall be sent by first class U.S. Mail to Inkslinger Communications LLC, 8226 Menaul Blvd NE #101, Albuquerque NM 87110 with a copy sent by email to RN2writer.
15.2. Waiver
The failure of RN2writer to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. Any waiver of any provision of the Terms will be effective only if in writing and signed by RN2writer.
15.3. Governing Law
The Terms will be governed by and construed in accordance with the laws of the State of New Mexico, without giving effect to any principles of conflicts of law that would cause the application of the laws of any other jurisdiction.
15.4. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS. BY AGREEING TO BINDING ARBITRATION, YOU WAIVE YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.
15.4.1. Generally. In order to expedite and control the cost of disputes, RN2writer and you agree that any legal or equitable claim, dispute, action or proceeding arising from or related to your use of the Services or These Terms ("Dispute") will be resolved as follows to the fullest extent permitted by law:
15.4.2. Notice of Dispute. In the event of a Dispute, you or RN2writer must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute”). You must send any Notice of Dispute by first class U.S. Mail to Inkslinger Communications LLC, 8226 Menaul Blvd NE #101, Albuquerque NM 87110, with a copy sent by email to RN2writer. RN2writer will send any Notice of Dispute to you by first class U.S. Mail to your address if RN2writer has it, or otherwise to your email address. You and RN2writer will attempt in good faith to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or RN2writer may commence arbitration.
15.4.3. Binding Arbitration. Any Dispute which has not been resolved by negotiation as provided herein within sixty (60) days or such time period as you and RN2writer may otherwise agree, shall be finally resolved by binding arbitration as described in this Section 15.4 (Dispute Resolution and Arbitration). You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. The place of arbitration shall be Bernalillo County, New Mexico. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
15.4.4. Class Action Waiver. Any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor RN2writer will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You may file a Dispute only on your own behalf and cannot seek relief that would affect other Users. If there is a final judicial determination that any particular Dispute cannot be arbitrated in accordance with the limitations of this Section 15.4 (Dispute Resolution and Arbitration), then only that Dispute may be severed and brought in court. All other Disputes remain subject to this Section 15.4 (Dispute Resolution and Arbitration).
15.4.5. Arbitration Procedures. Any arbitration will be conducted by JAMS under the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time the Dispute is filed. You may request a telephonic or in-person hearing by following the JAMS Rules. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by JAMS is unavailable, RN2writer and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service shall apply the JAMS Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief to you only individually, and only to the extent required to satisfy your individual claim.
15.4.6. Arbitration Fees. Whoever files the arbitration will pay the initial filing fee. If RN2writer files, then RN2writer will pay; if you file, then you will pay unless you get a fee waiver under the applicable arbitration rules. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
15.4.7. Filing Period. To the extent permitted by law, any Dispute under these Terms must be filed within one (1) year in an arbitration proceeding. The one-year period begins when the events giving rise to the Dispute first occur. If a Dispute is not filed within one year, it is permanently barred.
15.4.8. Venue. In the event that any Dispute cannot be resolved by binding arbitration in accordance with this Section 15.4 (Dispute Resolution and Arbitration), you agree that such Dispute will be filed only in the state or federal courts in and for Bernalillo County, New Mexico, and each of you and RN2writer hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding this, RN2writer shall still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
15.5. Severability
If any provision of the Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
15.6. Assignment
The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you without RN2writer’s prior written consent, but may be assigned by RN2writer without consent or any restriction. Any assignment attempted to be made in violation of the Terms shall be null and void.
15.7. Survival
Upon termination of the Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 2 (Privacy Policy), 4 (Modification of the Terms) through 6 (Digital Millennium Copyright Act), 7.1 (Proprietary Materials), 7.4 (Non-Commercial Use), 7.5 (Crediting RN2writer ), and 8 (Prohibited Conduct) through 15 (Miscellaneous (Including Dispute Resolution and Arbitration)).
15.8. Headings
The heading references herein are for convenience purposes only, do not constitute a part of the Terms, and will not be deemed to limit or affect any of the provisions hereof.
15.9. Entire Agreement
The Terms, the Privacy Policy and Guidelines constitute the entire agreement between you and RN2writer relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to the Terms, Privacy Policy or Guidelines made by RN2writer as set forth in Section 4 (Modification of the Terms) above.
15.10. Disclosures
The Services are hosted in the United States, and the services provided hereunder are offered by Inkslinger Communications LLC, 8226 Menaul Blvd NE #101, Albuquerque NM 87110.
15.11. Notice Regarding Apple
In addition to the sections above, and notwithstanding any other provision of these Terms, this Section applies with respect to your use of any mobile application governed by these Terms on an Apple iOS device. To the extent the other sections of these Terms are less restrictive than, or otherwise in conflict with, the terms of this Section, the more restrictive or conflicting terms in this Section apply. You acknowledge that these Terms are between you and RN2writer only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the applicable mobile application to you, if any; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services or your possession and use of the Services infringes that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, including Apple’s App Store Terms of Service, when using the Services. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third party beneficiary of the Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Last updated: February 2024
