TERMS OF SERVICE & PRIVACY POLICY V.1.0

Your privacy is important to us. That is why we want you to be informed about how we protect the privacy of our clients (including the students, instructors, and others who use our programs and subscribe to our services).

This Terms of Service Agreement ("Agreement") governs your acquisition and use of our services. BY ACCEPTING THIS AGREEMENT, BY CLICKING A BOX INDICATING YOUR ACCEPTANCE, BY EXECUTING AN ORDER FOR SERVICES GOVERNED BY THIS AGREEMENT, OR BY USING SERVICES GOVERNED BY THS AGREEMENT, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" AND "YOUR" SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.

This Agreement was last updated on February 28, 2014. It is effective between You and Us as of the date of You accepting this Agreement.

This Agreement is divided into the following sections:

  • Definitions

  • Payment and Cancellation Policy

  • Liability, Disclaimer and Other Miscellaneous Policy

  • Privacy Policy

DEFINITIONS

"We," "Us" or "Our" means the International Writing Centers Association, a NCTE Assembly.

"You" or "Your" means the individual, company, organization, or other legal entity for which you are accepting this Agreement. For the purposes of this agreement, "You" and "Your" also refer to the individuals or "Users" which you have allowed to use our services.

"Services" and "Your Services" means the products and services that are ordered by you from us. "Our Services" means all products and services offered by us, regardless of whether or not you have ordered such services.

"System" means the computer and networking equipment that we use to provide our services.

"Your Data" means all electronic data or information submitted by you to us.

PAYMENT AND CANCELLATION POLICY

You agree to supply appropriate payment for the services received from us. As our client, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You are also responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.

If you have not paid for your services within thirty days of being invoiced for those services, then at our discretion, such charges may accrue late interest at the rate of 1.5% of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower. If any amount owing by you under this Agreement for our services is sixty or more days overdue, we may, without limiting our other rights and remedies, suspend your services until such amounts are paid in full and employ the services of an outside collection firm to recover the outstanding balance. We will not exercise our rights to late interest, service suspension, or a collection firm if you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.

Unless otherwise stated, our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction. You are responsible for paying all such taxes associated with your services. If we have the legal obligation to pay or collect such taxes for which you are responsible under this paragraph, such as for sales tax, the appropriate amount shall be invoiced to and paid by you unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, we are solely responsible for taxes assessable against us based on our income, property, and employees.

TERM

The initial term of this Agreement and of your services will commence on the date that you place an order and will continue until terminated either by us or by you as per the "Termination" policy below.

Shortly before the beginning of each term, we will invoice you for the next term. Payment is due within thirty days of the mailing, either via e-mail or U.S. Mail, of such an invoice.

TERMINATION

You have the right to terminate your service at any time. Terminations must be done in writing via e-mail or trackable carrier. Once we receive your termination request and have confirmed all necessary information with you, we will inform you in writing, usually via e-mail, that your account has been cancelled. Until you have received such notice or one day after provable receipt of such notice (such as via a trackable delivery number), you are responsible for all service payments.

We reserve the right to terminate your services at any time with or without notice. If your services are terminated by us, you will receive a pro-rated refund of any paid subscription fees for a time period that has not yet passed. If you violate this Agreement, as solely determined by us, you waive your right to a refund.

Some of our services, such as our print publications, are not refundable regardless of the reason for service termination.

LIABILITY, DISCLAIMER AND OTHER MISCELLANEOUS POLICY

We and you hereby waive any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.

You agree to submit to binding arbitration. If any disputes or claims arise against us, such disputes will be handled by an arbitrator of our choosing. An arbitrator from the American Arbitration Association will be selected. All decisions rendered by the arbitrator will be binding and final and the arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration laws, governs all arbitration under this paragraph. You are also responsible for any and all costs related to such arbitration.

DISCLAIMER

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER YOU NOR WE MAKE ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIUM EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

Neither your nor our liability with respect to any single incident, as defined by us, arising out of or related to this Agreement (whether in contract or tort or under any other theory of liability) shall exceed the amount paid by you hereunder in the six (6) months preceding the incident, provided that in no event shall either party's aggregate liability arising out of or related to this Agreement (whether in contract or tort or under any other theory of liability) exceed the total amount paid by you hereunder.

INDEMNIFICATION

You agree that you shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, our agents, our customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agent, employee, or assigns. You agree to defend, indemnify and hold us harmless against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with us, any material suppled by you infringing or allegedly infringing on the proprietary rights of a third party, any claims of copyright infringement, or any defective products or services sold to your customers through our services.

EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES

In no event shall you have any liability to us or we any liability to you for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages. The foregoing disclaimer shall not apply to the extent prohibited by applicable law.

NOTICES

Any notice, notification, demand or request provided under this Agreement must be in writing and set to you at your address that you list with us and sent to us at Karen Johnson, IWCA Treasurer, Shippensburg University, Learning Center, 1871 Old Main Drive, Shippensburg, PA 17257. Any such notices must be sent via a trackable carrier that independently verifies delivery.

SEVERABILITY

If any provision of this Agreement will be held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remaining provisions of this Agreement will remain in full force and effect.

CHANGES TO THE TERMS OF SERVICE

We reserve the right to revise this Agreement at any time. If we revise this agreement, we will notify you via email. You are responsible for and agree to be bound by changes to this Agreement at the time that you are notified of such changes.

Privacy Policy

Your privacy is important to us. That is why we want you to be informed about how we protect the privacy of our clients (including the students, instructors, and others who use our programs and subscribe to our services).

We do not collect personally identifiable information about individuals through our sites or programs without the individual's explicit knowledge, and all such information is collected directly from that specific individual. We use the information we collect from individuals only to allow them to access and use our programs or to service their subscriptions.

We do not sell, share, or distribute in any way any information that we collect, nor do we use such information for any other purpose than explicitly stated here. All information contained in our databases is secured and stored in secure databases and systems.

Should you have any questions about this policy, please contact us via any of the methods on the contact page of our site.