In consideration of my participation in Write Away programs, activities, or services for any purpose, including, but not limited to, communication and participation in a program, the undersigned (hereinafter referred to as the participant), for themself and such participating children and any personal representatives, heirs, and next of kin, hereby acknowledge, agree to the following stipulations. The undersigned is aware of the different types of activities offered by the organization and is aware of the risks inherent in the participation in such activities.
In further consideration of being permitted to participate in any program for any purpose including, but not limited to engagement in mentoring, workshops, or participation in any program affiliated with Write Away, the undersigned hereby agrees to the following: 1. The undersigned on his or her behalf and behalf of such children, hereby releases, waives, discharges and covenants not to sue Write Away, its directors, officers, employees, and agents (hereinafter referred to as "releasees") from all liability to the undersigned or such children and all his personal representatives, assigns, heirs, and next of kin for any loss or damage, and any claim or demands therefor on account of injury to the person or property or resulting in death of the undersigned or such children whether caused by the negligence of the releasees or otherwise while the undersigned or such children is participating in any program affiliated with Write Away. 2. The undersigned hereby agrees to indemnify and save and hold harmless the releasees and each of them from any, loss, liability, damage or cost they may, incur due to the presence of the undersigned or such children in, during or as a result of any activities or participation in any program whether caused by the negligence of the releasees or otherwise. 3. The undersigned hereby assumes full responsibility for and risk of bodily injury, death or property damage to the undersigned or such children due to negligence of releasees or otherwise while in, about or upon the participation in any program or activity affiliated with Write Away.
By signing the foregoing waiver, the undersigned agree that materials used and created as part of Write Away programs may be used by Write Away for promotional or informational purposes. These materials include, but are not limited to, electronic documents, presentations, survey responses, or social media materials created as part of a program or activity.
The undersigned further expressly agrees that the foregoing release waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of Washington, DC and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. The undersigned has read and voluntarily signs the release and waiver of liability and indemnity agreement, and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made. I have read and understand this document and release
Consent to Communications
You acknowledge that the Consent to Communications provision of this Agreement is not binding on you unless you have provided your Express Written Consent to this Agreement. If you have provided your Express Written Consent, the following provisions of the Consent to Communications provision are binding on you.
Agreement to Receive Communications from Company.
By providing your phone number and/or email, you agree and acknowledge that Write Away may communicate with you via email, text messaging, text receipts, Short Messaging Service (“SMS”), facsimile, and all phone calls at the number you provide. Such communications may be for any purpose, including marketing purposes, purposes related to mentors and the service provided by mentors, and purposes related to mentees and the Service provided to mentees, using all methods now known and discovered in the future, including, but not limited to, auto-dialers, artificial messages, pre-recorded messages, general telemarketing practices, and all other electronic communication. You agree that these calls may be regarding products and/or service that Write Away may market to you and that you are not obligated to receive such calls in order to purchase said products and/or Service. Write Away will not charge you a fee for sending SMS text messages, but your communication Service provider may. You agree to pay any fee(s) or charges(s) that you may incur for incoming and outgoing text messages from or to Write Away's assigns, successors, Servicers or agents, without reimbursement from Write Away or them.
You may acknowledge that you may withdraw such consent to communications by notifying Write Away of such withdrawal and repeating notification of such revocation if Write Away subsequently attempts further communication, but that, until such consent is revoked and, if applicable, repeated, you may receive calls from Write Away at your phone number provided above.
You may withdraw your consent to receive communications by contacting the Company at
info.writeaway@gmail.com.
You agree to indemnify, defend, and hold Write Away harmless from and against any and all claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees) arising from your provision of a mobile phone number that is not your own or your violation of applicable federal, state or local law, regulation or ordinance. Your obligations under this section, which are only binding if you have provided your Express Written Consent, shall survive termination of the Agreement. Write Away will not be liable for losses or damages arising from any delay in delivery or disclosure of information to third parties by your communication service provider.
Prohibited Activities
You shall not (nor cause any third party to) use the Write Away materials, cloud-based communication platforms, or the Service to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights - such as rights of privacy of others) or any of the following types of activities, without limitation:
disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable material;
transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party;
that would constitute fraud;
transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
impersonating anyone or any entity, falsely stating or otherwise misrepresenting your affiliation with a person or entity;
interfering with or disrupting the platform or the Service;
disrupting the activities or enjoyment of the platform or the Service for other users;
collecting or storing personal data about other users;
use of any manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Website (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, Service or other data from the platform);
harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users.
You agree to abide by all applicable federal, state, or local laws, rules, or regulations, including any governmental agency guidelines, policies, or procedures, and are solely responsible for all acts or omissions taken by you including without limitation any of the User Content created or submitted by you.
Release / Indemnification
You agree to release Write Away, its members, managers, officers, employees, and agents from any and all liability and obligations whatsoever in connection with or arising from your use of the cloud-based platforms and the Service. If at any time you are not happy with the programs, platform, or the Service or object to any material within the Service, your sole remedy is to cease using them.
Limitation of Liability
You expressly understand and agree that Write Away shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Company has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the cloud-based platforms or participate in programs; (ii) unauthorized access to or alteration of your transmissions or data; or (iii) any other matter relating to the platform or the Service. In no event shall Write Away’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, for accessing the platform or the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
Governing Law and Other Miscellaneous Terms
The validity and effect of the Agreement shall be governed by and construed and enforced in accordance with the laws of Washington, DC, USA, without regard to its conflicts of laws principles. In the event litigation is instituted hereunder, each user consents to the exclusive jurisdiction of any federal or state court situated in or serving Washington, DC, as Write Away selects in its sole discretion. The prevailing party shall be entitled to recover its attorneys’ fees and court costs, together with any other relief awarded by a court of competent jurisdiction. Any suit, action or proceeding concerning the cloud-based platform, its use, these terms of use, or concerning any other policy or procedure of Company, must be brought in a court of competent jurisdiction in Washington, DC, and you hereby irrevocably consent to the jurisdiction of such court (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding; and you irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
