IMPORTANT! THESE TERMS AND CONDITIONS OF USE (ALSO REFERRED TO HEREIN AS THE “AGREEMENT” OR “TERMS AND CONDITIONS”) GOVERN YOUR USE OF THE WEBSITE (AS DEFINED BELOW). By accessing THIS site, you are indicating your acknowledgment and acceptance of these terms AND CONDITIONS OF USE. (YOU MAY ALSO HAVE ACCEPTED THESE terms AND CONDITIONS IN OTHER WAYS.) THESE terms AND CONDITIONS ARE SUBJECT TO CHANGE BY WOW LLC AT ANY TIME IN ITS DISCRETION. YOUR USE OF THE WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE terms AND CONDITIONS REGULARLY.
TERMS AND CONDITIONS OF USE
Updated as of August 1, 2013
IMPORTANT! THESE TERMS AND CONDITIONS OF USE (ALSO REFERRED TO HEREIN AS THE “AGREEMENT” OR “TERMS AND CONDITIONS”) GOVERN YOUR USE OF THE WEBSITE (AS DEFINED BELOW). By accessing THIS site, you are indicating your acknowledgment and acceptance of these terms AND CONDITIONS OF USE. (YOU MAY ALSO HAVE ACCEPTED THESE terms AND CONDITIONS IN OTHER WAYS.) THESE terms AND CONDITIONS ARE SUBJECT TO CHANGE BY WOW WRITING WORKSHOP, LLC AT ANY TIME IN ITS DISCRETION. YOUR USE OF THE WEBSITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE terms AND CONDITIONS REGULARLY.
Welcome to the Wow Website. The Wow Website (the “Site”) is comprised of various web pages operated by Wow Writing Workshop, LLC (“Wow”). The Wow Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Wow Website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
The Wow Website is an interactive website in the field of writing and essay writing. It provides information in the fields of standardized test writing, scholarship writing and essay writing. Wow also selectively provides electronic newsletters that may be delivered by email in the field of writing and essay writing.
Wow welcomes your questions or comments regarding the Terms:
Wow Writing Workshop, LLC
200 W. 2nd Street, #23 , Royal Oak, Michigan 48068
Telephone number: 800-497-9748
“Content” means, without limitation, hyperlinks, text, graphics, photos, illustrations, images, video and music or other audio clips that are accessible from the Site (e.g., that may be displayed on, downloaded from, uploaded to, the Site), including any elements of web templates or web themes.
“Wow” means Wow Writing Workshop, LLC, and any and all related entities, officers, employees, affiliates, agents and licensors. It DOES NOT include schools, consultants, specialists and the like who may be working with you in conjunction with the self-directed materials available on the Wow Website.
“Wow Website,” “Website,” or “Site,” means all websites, and all subsequent pages made available by or through such websites, owned or operated by Wow or its subsidiaries.
Certain services made available via the Wow Website are delivered by third party sites and organizations. By using any product, service or functionality originating from the Wow Website, you hereby acknowledge and consent that Wow may share such information and data with any third party with whom Wow has a contractual relationship to provide the requested product, service or functionality on behalf of Wow users and customers.
“You” and “Your” means you, an individual user entering into this Agreement, or the entity on whose behalf you enter into this Agreement.
2. YOUR USE OF THE WOW WEBSITE
A. Your use of the Wow Website shall be governed exclusively by this Agreement.
B. Visiting the Wow Website or sending emails to Wow constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
C. The Wow Website works in party by receiving Content (e.g., draft essays) from You and from other Users. Accordingly, the Wow Website may include original works of authorship (possibly including, but not limited to, derivative works) that are both proprietary and intellectual properties of Wow or its Subscribers and are protected by both the terms of this Agreement as well as domestic and foreign contractual and intellectual property laws including but not limited to copyright, trademark, patent, and trade secret laws. All Content included on this Site is the property of Wow, its Subscribers, or Wow’s, or its Subscribers’, licensors, and is protected by United States and/or international copyright laws. The compilation of all content on this site is the exclusive property of Wow and protected by U.S. and international copyright laws. All software used on this site is the property of Wow, its Subscribers, or Wow’s, or its Subscribers’, licensors, and is protected by United States and/or international copyright laws. The respective owners and licensees of any copyrights included in the Website retain and reserve all of their rights related to such copyrights.
D. Wow grants to You a non-exclusive and non-transferable license to:
1. Use the Wow Website as provided herein, until this Agreement is terminated;
2. Access, load, store and operate the Wow Website with browser software; and
3. Display, download and print portions of the Wow Website to investigate and/or purchase product(s) and/or service(s), subject to the limitations in this Agreement.
4. If you are a school, counselor, consultant or the like working with students and have purchased more than one account for use by a student client, the account may only be used by a single student and not recycled. The student must be the one to initially sign in and use the account.
E. Notwithstanding the above, you shall NOT, without the prior written consent of Wow:
1. Decompile, reverse engineer, disassemble and/or create derivative works from the Wow Website;
2. Remove or obscure any proprietary notices including, but not limited to, any and all copyright, trademark and patent designations, if any, contained in the Wow Website;
3. Upload, post, email, transmit, publish, re-publish, distribute, display or otherwise make available the Wow Website to any third parties;
4. Use the Wow Website for any commercial, financial or other beneficial purpose, including, but not limited to, advertising, the exploitation, rental, lease, sale or resale of any materials received or otherwise downloaded from the Wow Website except in a manner that is otherwise consistent with this Agreement;
5. For a period of more than twenty-four (24) hours, cache or otherwise temporarily store the Wow Website or component thereof, on any server or other device used to communicate with individual personal computers or personal devices. Such limitation does not include cache which is automatically stored by an individual personal browser application;
6. Store the accessed, used, or downloaded Wow Website in any electronic, magnetic, optical or other format now known or hereinafter created for more than thirty (30) days;
7. Assign, rent, lend, lease, sell, sublicense, transfer, export from the United States, copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, extract components or create derivative works of the Website; or
8. Remove, modify, hide or otherwise make unreadable or non-viewable any notice, legend, advice, watermark or other designation contained on the Website, component thereof or output there from.
9. (a) Co‑brand the Website, (b) frame the Website, or authorize or engage any other party to do any of the foregoing, without the express prior written permission of an authorized representative of Wow. For purposes of this Agreement, “co-brand” or “co‑branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this site or content accessible within this site. You agree to cooperate with Wow in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
10, Permit the use of an account by more than a single student or recycle the account to be used by different students.
F. You shall not interrupt, or attempt to interrupt, the operation of the Website in any way.
G. The Website may include technological protection measures that effectively control access, reproduction or distribution of the proprietary or intellectual properties accessible through the Website. Any attempt to tamper or dismantle these protections is a breach of this Agreement, and may be a violation of the Digital Millennium Copyright Act of 1998, and may subject the violator to civil and criminal penalties.
H. Content in the Website that is used or referenced in any print or electronic media must be done in accordance with generally accepted standards, comply with applicable copyright law, and must provide for proper attribution to Wow.
I. Links to and from other websites: The Wow Website contains links to other websites, and other websites may contain links to the Wow Website, such websites not being owned by, or under the direct control of, Wow (“Linked Websites”). The linked websites are not under the control of Wow, and Wow does not endorse, and is not responsible for, the functionality of the links to or from, Content or applications provided by or through, or privacy policies or other agreements included in, a Linked Website. Wow is not responsible for licensing to You any Content or application provided by or through a Linked Website, and Your use of Content or application(s) provided by or through Linked Websites is governed solely by Your agreement, if any, with the owner and/or provider of the Linked Website. You use Linked Websites, and links to and from any third party website, at Your sole risk. For example, Wow is not responsible for, without limitation, any incorrect data, errors in computation, improper transmission of data, or a security breach resulting from Your use of a Linked Website or a link to or from a Linked Website. Wow provides links to You only as a convenience. You may establish links to this Site, but doing so creates no privity or agency relationship between You and Wow, and Wow bears no responsibility for the link you establish, including its availability. Wow reserves the right to require that any Content You post to the Site, including links, themes, or other materials, be removed by You.
J. The Website may contain testimonials from customers of Wow or its agents. Testimonials are not representative of everyone’s experience and only provide information about the individual’s experiences as to the point in time when they are provided. Testimonials do not necessarily represent typical or expected results. Among the services offered by Wow is guiding students through the process of writing college application essays. However, following this process does not guarantee the quality of the student’s writing or ideas. Different users will have different levels of success using the program. Because it is a self-directed, online program, each student will have different experiences and outcomes. All testimonials are authentic. Testimonials or any other content may be removed or edited in our sole discretion such as for clarity or brevity. No one has been paid to provide a testimonial on the Website. Individual results will vary.
K. Wow may use any actions performed on the Wow Website and Content posted to the Wow Website by Users of Wow or its agents to improve the Wow Website, the use including, but not being limited to, collection, storage, display, aggregation, summarization, and any other processing of the posted Content or performed actions. Wow does not claim ownership of the Content You post on Wow, but for Content that is covered by intellectual property rights, You specifically grant (and you represent and warrant that you have the right to grant) Wow a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Content that you post on or in connection with Wow.
L. Use and Protection of Password and ID
(1) Wow may assign a password and an account ID to You so You can access and use certain areas of this Site and/or to improve your experience in accessing the Site. Each user who uses such password and ID will be deemed to be authorized to access and use this Site and Wow has no obligation to investigate the authorization or source of any such access or use. YOU ACKNOWLEDGE AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND ID ORIGINALLY ISSUED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL UPLOADS, COMMUNICATIONS AND TRANSMISSIONS, AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) THAT MAY RESULT FROM SUCH ACCESS OR USE.
(2) You are solely responsible for protecting the security and confidentiality of the password and ID. You shall immediately notify Wow of any unauthorized use of the password or ID, or any other breach or threatened breach of this Site’s security. You may not assign or otherwise transfer your account to any other person or entity or permit the use of your account by any other person or entity.
M. Wow respects other’s intellectual property and proprietary rights, and intends to comply with the Digital Millennium Copyright Act (DMCA). You acknowledge that You have received and understand our DMCA policy, found here.
3. YOUR REPRESENTATIONS & WARRANTIES
You represent, warrant and covenant that:
A. You are of a proper age to enter into this Agreement. Wow does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Wow Website only with permission of a parent or guardian.
B. You are entering this Agreement with a sound mind and not under duress or emotional distress.
C. Any information that You have or shall provide to Wow through the Website is true and accurate, and You shall modify such information as necessary or appropriate to maintain the accuracy of the information. You shall not represent that You are anyone other than Yourself. You shall not impersonate any other individual or entity.
D. You shall at all times comply with all applicable laws, rules and regulations with respect to Your use of the Wow Website and with respect to any product or service related thereto.
E. You shall not use the Wow Website to infringe, misappropriate or violate any rights of Wow and/or any third party, including, but not limited to any user of Subscriber of Wow or any entity associated with or visiting the Wow Website.
F. You shall comply at all times with this Agreement, including any modifications to this Agreement and/or the Agreements to which there is or may in the future be a link and a reference herein. Modifications are addressed in Section 7, below.
G. If You are a school, counselor or the like working with students using the Wow Website, You take full responsibility for any and all feedback you provide to the student. You further represent and warrant that any accounts purchased by You shall only be used by a single student and shall not be recycled.
4. INTERNATIONAL USERS
The Service is controlled, operated and administered by Wow from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Wow Content accessed through the Wow Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Wow, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Wow reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Wow in asserting any available defenses.
A. To the Agreement. We have the right to modify this Agreement and any other Agreement or policy referenced in the Website, or linked to in the Website, at any time. No notice is required for any such modification. Any modification is effective immediately upon posting to the Website. Your continued use of the Website following posting of any modification(s) to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only remedy with respect to any dissatisfaction with any modifications is to cease use of the Website.
B. To the Wow Website. We have the right to modify, suspend or discontinue the Website or any portion thereof at any time, including the availability of any area of the Website. We may also impose limits on certain features and services or restrict Your access to parts or all of the Wow Website without notice or liability. Wow reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
8. Disclaimer of Warranties
WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. WITHOUT LIMITATION, WE DO NOT WARRANT THAT (A) THE FUNCTIONS CONTAINED IN THE WOW WEBSITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE WOW WEBSITE, INCLUDING THE SERVERS ON WHICH THE WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) YOUR INFORMATION WILL NOT BE DISCLOSED, OR (D) INFORMATION PROVIDED IN THE WEBSITE IS COMPLETE, ACCURATE, ERROR-FREE, OR UP-TO-DATE. YOU ACKNOWLEDGE THAT WOW PROVIDES LISTINGS AND LINKS FOR THIRD PARTY CONTENT; WOW MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING SUCH THIRD PARTY CONTENT, INCLUDING THE QUALITY OR QUANTITY OF SUCH THIRD PARTY CONTENT LISTED OR LINKED TO ON OR FROM THE SITE. NOR DOES WOW TAKE ANY RESPONSIBILITY FOR THE ACTIONS OF ANY THIRD PARTY WITH WHOM YOU MAY BE WORKING EVEN THOUGH THAT THIRD PARTY MAY HELP FACILITATE YOUR USE OF THE WOW WEBSITE SUCH AS BY PROVIDING INDIVIDUALIZED FEEDBACK AS YOU CREATE SELF-DIRECTED WORK PRODUCT USING THE WOW WEBSITE.
9. LIMITATIONS ON LIABILITY
USE OF THE WOW WEBSITE IS AT YOUR SOLE RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR HAVING INPUT YOUR INFORMATION. WOW SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE IF YOUR INFORMATION BECOMES DISCLOSED THROUGH THE ACT OF A THIRD PARTY OR THROUGH THE NEGLIGENCE OF WOW. SPECIFICALLY, WOW SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES UNDER THIS AGREEMENT OR BASED ON YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, DIRECT, INDIRECT, ATTORNEY’S FEES, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR OTHER INTANGIBLE LOSSES OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. LIMITATION OF DAMAGES
THE LIABILITY OF WOW, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN ANY WAY CONNECTED WITH THE WOW WEBSITE OR THE INSURANCE PRODUCT(S) OR INSURANCE SERVICE(S) OFFERED THEREIN IS LIMITED TO ONE DOLLAR ($1.00) OR, IF GREATER, THE MINIMUM AMOUNT ALLOWABLE BY LAW.
11. TERM & TERMINATION
A. This Agreement shall continue until terminated by Us or until Your decision to terminate this Agreement. Wow reserves the right to terminate any user or users for any reason or for no reason, with or without cause. You understand that nothing in this Agreement confers any rights of access to the site or any rights to data stored by or on behalf of Wow. You agree that even though you may retain certain copyright or other intellectual property rights with respect to Content you upload while using the site, you do not own any User account you may use to access the Wow Website, nor do you own any data Wow stores on its servers (including without limitation any data representing or embodying any or all of your Content). You understand that any and all Content you may have provided to Wow may be retained by Wow and may or may not be deleted upon termination of this Agreement with You.
B. Upon termination of the agreement, You are required to IMMEDIATELY DISCONTINUE ALL ACCESS OR USE OF THE WOW WEBSITE. Moreover, upon termination of this Agreement, You are still bound by the Provisions of Sections 1-3, 5, 7-10, and 16-18.
C. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT BY IMMEDIATELY DISCONTINUING ALL YOUR ACCESS AND USE OF THE WOW WEBSITE. YOUR CONTINUED USE OF THE WOW WEBSITE FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT SHALL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS AND CONTINUATION OF THIS AGREEMENT.
D. Either You or WE may terminate THIS AGREEMENT at any time. You understand and agree that termination is Your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term OR CONDITION CONTAINED IN OR REFERENCED IN this Agreement; (2) any policy or practice of Wow; (3) ANY DISCLOSURE OR USE OF YOUR INFORMATION; and (4) Your ability to access and/or Use the Wow Website.
If any provision of this Agreement is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of this Agreement, and all provisions not affected by such invalidity shall remain in full force and effect.
The waiver by either party of a breach or default in any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party.
Any notice provided pursuant to this Agreement, if specified to be in writing, shall be in writing and shall be deemed given (A) if by hand delivery, upon receipt thereof, (B) if by mail, thirty (30) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested, or (C) if by next day delivery service, upon such delivery. Notice to Wow should be sent to:
Wow Writing Workshop, LLC
P.O. Box 23, Royal Oak, Michigan 48068
Telephone number: 800-497-9748
15. FORCE MAJEURE
If the performance of any part of this Agreement by the parties is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, terrorism, earthquake, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes; provided, however, that if such period of force majeure last more than thirty (30) days, then the other party hereto may terminate this Agreement.
16. CHOICE OF LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan without regard to the principles of conflicts of laws. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Michigan and you hereby consent to the exclusive jurisdiction and venue of courts in Michigan in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
17. JURISDICTION AND VENUE
In all circumstances where subject matter jurisdiction lies for adjudication in the federal courts, any controversies or claims arising out of or relating in any way to this Agreement or a breach thereof, shall be adjudicated in the United States District Court for the Eastern District of Michigan. In all other cases, any controversies or claims arising out of or relating in any way to this Agreement or a breach thereof, shall be adjudicated in the courts of the state of Michigan in Oakland County. You expressly agree to waive any defenses based on lack of personal jurisdiction.
18. WAIVER OF JURY TRIAL
You knowingly, voluntarily and intentionally waive any right you may have to a trial by jury with respect to any proceeding arising out of or in any way relating to this Agreement.
19. Relationship of Parties
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and Wow as a result of this Agreement or any use of this Site. You agree not to hold Yourself out as a representative, agent, or employee of Wow and Wow shall not be liable for any representation, act or omission by You to the contrary.
Your rights hereunder are personal. You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under this Agreement, and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of Wow’s successors, assigns and licensees.
The section headings used herein are for reference and convenience only and shall not enter into the interpretation hereof.
22. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter of the Agreement, and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter.
[END OF DOCUMENT]