Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.  By using this site, you signify your assent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions of use, do not use this site.

Written Off – America and Americans (“WOAA”) may revise and update these Terms and Conditions at any time. Your continued usage of Written Off – America and Americans website (“WOAA Site,” or the “Site,”) will mean you accept those changes.

TABLE OF CONTENTS

WOAA Does Not Provide Financial or Relationship Advice Children’s Privacy Use of Content Liability of WOAA and Its Licensors User Submissions User Media Submissions Passwords WOAA Subscription Service WOAA Live and Member to Member Areas (“Public Areas”) Advertisements, and Searches.

IndemnityGeneralJurisdictionNotice, Take Down Procedures, and Copyright Agent Complete Agreement

WOAA DOES NOT PROVIDE FINANCIAL OR RELATIONSHIP ADVICE The contents of the WOAA Site, such as text, graphics, images, information obtained from WOAA’s licensors, and other material contained on the WOAA Site (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional financial advice and counseling or professional relationship advice and counseling.

Always seek the advice of a professional regarding investments, tax, the law, or other financial matters.  Never disregard professional advice or delay in seeking it because of something you have read on the WOAA Site.

WOAA does not recommend or endorse any specific advice, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by WOAA, WOAA employees, others appearing on the Site at the invitation of WOAA, or other visitors to the Site is solely at your own risk.

 The WOAA Site includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. WOAA and its Content licensors are not giving investment advice, tax advice, legal advice, or other professional advice. WOAA and its Content licensors do not guarantee or warrant the accuracy, completeness or timeliness of, or otherwise endorse, these views, opinions and recommendations or advocate the purchase or sale of any product or service.

You should always seek the assistance of a professional for advice on investments, tax, the law, or other professional matters. The WOAA site provides general financial information designed to educate broad segments of the public. The WOAA Site does not take into account all of the unique circumstances that may affect a user’s financial decisions, and nothing contained herein should be considered personalized financial advice that is tailored to the individual needs of users. 

The information on this site should not serve as the sole or primary basis for making investment decisions. Users should consult counsel to develop a personalized plan that takes into account their individual needs and circumstances.

CHILDREN’S PRIVACY We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

USE OF CONTENT WOAA authorizes you to view or download a single copy of the material on the WOAA Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright © 2010, Written Off – America and Americans, Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of other items accessible on the WOAA Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with WOAA or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Content and features are subject to change or termination without notice in the editorial discretion of WOAA. All rights not expressly granted herein are reserved to WOAA and its licensors.  If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

LIABILITY OF WOAA AND ITS LICENSORSTHE USE OF THE WOAA SITE AND THE CONTENT IS AT YOUR OWN RISK. When using the WOAA Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of WOAA and its suppliers. Accordingly, WOAA assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the WOAA Site.The WOAA Site and the content are provided on an “as is” basis.

WOAA, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, WOAA, its licensors, and its suppliers make no representations or warranties about the following:

1.    The accuracy, reliability, completeness, or timeliness of the Content, text, graphics, links, or communications provided on or through the use of the WOAA Site or WOAA.

2.    The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content contained on the WOAA Site. In no event shall WOAA, its licensors, its suppliers, or any third parties mentioned on the WOAA Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the WOAA Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not WOAA, its licensors, its suppliers, or any third parties mentioned on the WOAA Site are advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

USER SUBMISSIONS The personal information you submit to WOAA is governed by the WOAA Privacy Policy. To the extent there is an inconsistency between these Terms and Conditions and the WOAA Privacy Policy, this these Terms and Conditions shall govern.

You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, message boards, public postings, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

If you make any such submission, you agree that you will not send or transmit to WOAA by email, (including through the email addresses listed on the “Contact And Submission” link) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to WOAA by email, you agree such submission is non-confidential for all purposes.

If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to WOAA by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted WOAA a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. WOAA may sublicense its rights through multiple tiers of sublicenses.

If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to WOAA by email. We try to answer every email in a timely manner, but are not always able to do so.

USER MEDIA SUBMISSIONS You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.

To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or web site URL.) of yours or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.  By uploading any media on the WOAA site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.

It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the WOAA Advertising Policy and the WOAA Privacy Policy.

You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this WOAA site.

By uploading any media like a photo or video, (a) you grant to WOAA a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes WOAA to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify WOAA and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.WOAA reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion

WOAA cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using WOAA tools and services.

WOAA SUBSCRIPTION SERVICES.  If you choose to subscribe to one of WOAA subscription services, like the WOAA Newsletter or selected chapters, the following additional terms and conditions will apply depending on which service you choose. You should be aware that the WOAA Subscription Services are not intended or designed to attract children under the age of 18. These services do not collect any Personally Identifiable Information from any person we know to be a child under the age of 18.

INFORMATION YOU SUBMIT: You are using the Subscription Services at your own risk and you, along with your healthcare provider or financial advisor, are personally responsible for verifying its suitability for your needs.

CHARGES AND BILLING: You are responsible for providing a valid credit card number at the time you register for a Subscription Service or purchase books and/or materials. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Subscription Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying WOAA of such charges.

You agree that WOAA may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your Subscription Service. All Subscription Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. WOAA reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time with at least thirty (30) days’ notice.

WOAA LIVE AND MEMBER TO MEMBER AREAS (“PUBLIC AREAS”)  If you use a Public Area, such as a chat room, message boards, blogs or community posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas.

WOAA and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

1.    Using a Public Area for any purpose in violation of local, state, national, or international laws;

2.    Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

3.    Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by WOAA in its sole discretion;

4.    Posting advertisements or solicitations of business;

5.    After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

6.    Posting chain letters or pyramid schemes;

7.    Impersonating another person;

8.    Distributing viruses or other harmful computer code;

9.    Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments; consent;

10.    Allowing any other person or entity to use your identification for posting or viewing comments

11.    Posting the same note more than once or “spamming”; or

12.    Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of WOAA, exposes WOAA or any of its customers or suppliers to any liability or detriment of any type.

WOAA reserves the right (but is not obligated) to do any or all of the following:

1.    Record the dialogue in public chat rooms.

2.    Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

3.    Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.

4.    Terminate a user’s access to any or all Public Areas and/or the WOAA Site upon any breach of these Terms and Conditions.

5.    Monitor, edit, or disclose any communication in the Public Areas.

6.    Edit or delete any communication(s) posted on the WOAA Site, regardless of whether such communication(s) violate these standards. WOAA or its licensors have no liability or responsibility to users of the WOAA Site or any other person or entity for performance or nonperformance of the aforementioned activities

ADVERTISEMENTS, SEARCHES, AND KINKS TO OTHER SITES  WOAA may provide links to third-party web sites. WOAA also may select certain sites as priority responses to search terms you enter and WOAA may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content.

WOAA does not recommend and does not endorse the content on any third-party websites. WOAA is not responsible for the content of linked third-party sites, sites framed within the WOAA Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy.

Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. WOAA does not endorse any product, service, or treatment advertised on the WOAA Site.

INDEMNITY  You agree to defend, indemnify, and hold WOAA, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

GENERAL  WOAA is based in New York, New York, in the United States of America with principal offices in New York City, NY. WOAA makes no claims that the WOAA Site, any third-party web site linked thereto, or the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the WOAA Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

JURISDICTION  You expressly agree that exclusive jurisdiction for any dispute with WOAA, or in any way relating to your use of the WOAA Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving WOAA or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.

No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

NOTICE, TAKEDOWN PROCEDURES AND COPYRIGHT AGENT  If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting WOAA’s copyright agent (identified below) and providing the following information:

1.    Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2.    Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3.    Your name, address, telephone number and (if available) e-mail address.

4.    A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5.    A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.

6.    A signature or the electronic equivalent from the copyright holder or authorized representative.