WRITMOUNT TERMS OF SERVICE


Last modified: February 28, 2023


Welcome to Writmount


Thanks for accessing our website, viewing our content, and using our products and services (together, the

Services”). The Services are provided by Writmount Publishing Inc. (“Writmount”), a Canada

(federally incorporated) corporation, located in Toronto, Canada.


By using the Services, you are agreeing to these Terms of Service and to our Privacy Policy. Please read

them carefully. If you do not agree to these Terms of Service and our Privacy Policy, you may not use the

Services.


We may modify these Terms of Service from time to time as the Services change, as applicable law

changes, or for any other reason. All modifications to these Terms of Service are effective immediately

when posted. When we make updates to these Terms of Service, Writmount will update the date at the top

of this page. If you do not agree to the modified Terms of Service, you may not use the Services. You

should monitor the posted Terms of Service regularly, in order to remain apprised of the most recent

version.


The Services are offered to users who are 18 years of age or older. If you are under the age of 18 you may

not use the Services.


If you have any questions, you can reach the Writmount team at contact@writmount.com.


Using the Services


You must either: enter into a separate agreement with us describing the specific terms and conditions of

the Services to be provided to you, or complete the registration process made available to you by us.

When using the Services, you shall be subject to any posted guidelines, rules, or licenses. Such

guidelines, rules, or licenses may contain terms and conditions in addition to those described in these

Terms of Service.


You may be required to set up a Writmount account to use the Services. You acknowledge that your

account is personal to you and agree not to provide any other person with access to the Services using

your username and password. You are entirely responsible for maintaining the confidentiality of your

password and account. Furthermore, you are entirely responsible for any and all activities that occur

under your account. You are responsible for the quality and integrity of the data in your account. You

agree to notify us immediately of any unauthorized access to or use of your username or password or any

other breach of security. Writmount will not be liable for any loss that you may incur as a result of

someone else using your password or account, either with or without your knowledge. However, you

could be held liable for losses incurred by Writmount or another party due to someone else using your

account or password. You may not use anyone else’s account at any time, without the permission of the

account holder.


You agree to obtain consent from all parties that you are interfacing to.


You agree not to do the following:


• Use the Services in any way that violates any applicable law or regulation, including laws and

regulations regarding the transmission of data or software.

• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services,

or which, as determined by us, may harm Writmount or any third party or expose them to

liability, damages, or danger.

• Use the Services in any manner that could disable, overburden, damage, or limit our ability to

provide the Services.

• Use any robot, spider or other automatic device, process or means to access the Services for any

purpose, including monitoring or copying any of the material on the Services, except via

published APIs.

• Use any manual process to monitor or copy any of the material on the Services or for any other

unauthorized purpose without our prior written consent.

• Attempt to interfere with the proper working of the Services.

• Use the Services to encourage any illegal, abusive, or other activities that interfere with the

business or activities of Writmount, or otherwise subject Writmount to regulatory or other legal

issues.

• Reverse-engineer the Services in order to find limitations, vulnerabilities, or evade filtering

capabilities.

• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the

Services, or any server, computer or database connected to the Services.

• Use the Services in any manner that violates: industry standards; any third party policies

including all of the applicable guidelines published by the CTIA, the Mobile Marketing

Association, or any other accepted industry associations, carrier guidelines (or any similar or

analogous industry standards, third party policies or requirements in any other jurisdiction), or

requirements that Writmount may communicate to its customers including any usage

requirements.

• Use the Services to engage in or in connection with fraudulent or other illegal activity.

• Take any action to participate in, encourage, or promote any activity prohibited under these

Terms of Service.

• Use the Services to transmit any material that infringes the intellectual property rights or other

rights of third parties.

• Use the Services to transmit any material that is libelous, defamatory, discriminatory, or

otherwise malicious or harmful to any person or entity.

• Use the Services, or any component of the Services, in any manner not authorized by Writmount.


You will take all reasonable precautions to prevent unauthorized access to or use of the Services and

notify Writmount promptly of any such unauthorized access or use.


We reserve the right to change or stop providing the Services at any time, without prior notice. We will

not be liable if, for any reason, all or any part of the Services are unavailable at any time or for any

period.


We have the right to disable your use of the Services, at any time for any or no reason, including if, in our

opinion, you have violated any provision of these Terms of Service. We reserve the right to discontinue,

temporarily or permanently, any or all of the Services to you at any time, provided we will make

reasonable efforts to notify you within 24 hours of doing so. We shall not be liable to you or any third-

party for any termination of your access to the Services except as specifically set forth in this Terms of

Service.


Fees


We will charge you fees in accordance with the terms of either: a separate agreement or the registration

process you complete. Unless otherwise stated, all fees are quoted in Canadian dollars. You are

responsible for paying all fees associated with using the Services and all applicable taxes. We are happy

to give refunds on deposited amounts that are not used for the Services.


In the event that your usage of the Services exceeds the amount you deposited or you fail to pay the

amounts due, Writmount will be entitled to suspend the Services without prior notice. Writmount has no

liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other

consequences that you may incur with respect to any suspension of the Services pursuant to this Section.


Service Outages


The Services are reliant upon independent services provided by third-parties that are beyond our control.

The loss or interruption of any one of those independent services may prevent the Services from

operating.


Such independent services interruptions may include, but are not limited to:

• Power outages;

• Internet Service Provider outages;

• Outages due to suspension of your account; and

• Outages due to your failure to maintain the services used in conjunction with the Services.


Intellectual Property Rights


The Services are owned by Writmount and/or its affiliates, or by its licensors, or by other providers of

such material, and are protected by United States, Canadian and international copyright, trademark,

patent, trade secret and other intellectual property or proprietary rights laws.


Writmount, the Writmount logo, and all related names, logos, product and service names, designs and

slogans are trademarks of Writmount or its affiliates or licensors. You may not use such marks without

Writmount’s prior written permission. All other names, logos, product and service names, designs and

slogans included in the Services are the trademarks of their respective owners.


You hereby grant Writmount a royalty-free, nonexclusive, limited license to use your name and logo on

the Writmount website or in other public relations materials, so that we can include you as a customer of

Writmount. You may terminate such authorized use upon 30 days’ written notice.


Software


Any software that is made available to download in relation to the Services (“Software”) is the

copyrighted work of Writmount and/or its suppliers and/or licensors. Use of the Software is governed

by the terms of the end user license agreement, if any, which accompanies or is included with the

Software (“License Agreement”). An end user will be unable to install any Software that is

accompanied by or includes a License Agreement, unless he, she or it first agrees to the License

Agreement terms. Third party scripts or code, linked to or referenced from the Writmount website,

are licensed to you by the third parties that own such code, not by Writmount.


The Software is made available for download solely for use by end users according to the License

Agreement. Any reproduction or redistribution of the Software not in accordance with the License

Agreement is expressly prohibited by law and may result in severe civil and criminal penalties.

Violators will be prosecuted to the maximum extent possible.


Without limiting the foregoing, copying or reproduction of the Software to any other server or

location for further reproduction or redistribution is expressly prohibited, unless such

reproduction or redistribution is expressly permitted by the License Agreement.


The Software is warranted, if at all, only according to the terms of the License Agreement. Except as

warranted in the License Agreement, Writmount hereby disclaims all warranties and conditions

with regard to the Software, including all warranties and conditions of merchantability, whether

express, implied or statutory, fitness for a particular purpose, title and non-infringement.


Reliance on Information Posted


Any information contained in the Services is made available solely for general information purposes. We

do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on

such information is strictly at your own risk. We disclaim all liability and responsibility arising from any

reliance placed on such materials by you or any other user of the Services, or by anyone who may be

informed of any of its contents.


Disclaimer of Warranties


YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED

ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY

KIND, EITHER EXPRESS OR IMPLIED. NEITHER WRITMOUNT, NOR ANY PERSON

ASSOCIATED WITH WRITMOUNT, MAKES ANY WARRANTY OR REPRESENTATION

WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY,

ACCURACY OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE

FOREGOING, NEITHER WRITMOUNT, NOR ANYONE ASSOCIATED WITH WRITMOUNT,

REPRESENTS THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR

UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES ARE

FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES

WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.


WRITMOUNT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER

EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED

TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS

FOR PARTICULAR PURPOSE.


Further Disclaimers


Writmount does not offer advice of any kind and is not responsible for information on external sites

visited. Links to information available on the Internet is simply passed on, similar to re-tweets, or videos

that are shared. Please read the terms of use and privacy policy of those external sites that you visit.


Strong anti-virus software is recommended. Writmount is not responsible for any business loss or

corruption of any information or data on your devices or software through use of the Internet. Writmount

strives to link to valid sites, but be aware that not all information on the Internet is true or correct.


Writmount owns and publishes Linking Women, a free magazine. LINKING WOMEN IS THE ONLY

PUBLICATION OWNED BY WRITMOUNT THAT DOES NOT ACCEPT PAYMENT OF ANY

KIND FOR LINKING TO ANY SITE. Linking to a site, blog or service on Linking Women is free to the

site, blog or service owner. Neither Writmount nor Linking Women provide payment to viewers if they

wish their site, blog or services to be featured in Linking Women, or for any comments that viewers

contribute to Linking Women. Writmount and Linking Women do not ask owners of other sites to

promote Linking Women. Linking Women is shared by viewers who choose to do so.


If you reach out to us to contribute or provide feedback to be used on Linking Women, your email will

only be used to respond to you. Writmount does not send email reminders to readers to view issues of

Linking Women. Readers follow Linking Women by choice. Writmount reserves the right to determine

suitability of a suggested linked site, blog or service for publication on Linking Women and reserves the

right to edit any such contribution for publication with originator approval.


Limitation of Liability


UNLESS PROHIBITED BY LAW, WRITMOUNT, ITS AFFILIATES OR THEIR LICENSORS,

SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS WILL NOT BE

LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF

OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES,

INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR

PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES,

GOODWILL OR ANTICIPATED SAVINGS.


Compliance with Laws


In relation to your use of the Services, you are directly and solely responsible for compliance with

applicable laws. You agree to familiarize yourself with and abide by all applicable local, state, provincial,

sub-national, national and international laws and regulations and you are solely responsible for all acts or

omissions that occur under your account.


Indemnification


You agree to defend, indemnify and hold harmless Writmount, its affiliates, licensors and service

providers, and its and their respective officers, directors, employees, contractors, agents, licensors,

suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards,

losses, costs, expenses or fees (including reasonable attorneys' fees), or third party legal proceedings

(including actions by governmental authorities), arising out of or relating to your violation of these Terms

of Service, or your use of the Services, or your unlawful use of the Services.


Governing Law and Jurisdiction


The laws of the province of Ontario, Canada, without giving effect to its principles of conflicts of law,

govern all adversarial proceedings arising out of these Terms of Service and your use of the Services.


Any legal suit, action or proceeding arising out of, or related to, these Terms of Service or your use of the

Services must be instituted exclusively in the courts of the province of Ontario, sitting in Toronto,

Ontario, Canada, and each party hereby submits to the exclusive jurisdiction of such courts for purposes

of any such proceeding.


Limitation on Time to File Claims


ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING

TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN

ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF

ACTION OR CLAIM IS PERMANENTLY BARRED.


Severability


If any provision of these Terms of Service is held to be unenforceable, then that provision will be

modified to the minimum extent necessary to make it enforceable, unless that modification is not

permitted by law, in which case that provision will be disregarded.


Additional Terms


These Terms of Service are not intended to confer legal rights on third parties, except as otherwise herein

expressly provided. Any failure to enforce a particular right of Writmount in a particular instance does

not amount to a waiver. These Terms of Service are not intended to restrict or supersede statutory rights

that may not be waived.


Entire Agreement


The Terms of Service and our Privacy Policy constitute the entire understanding between you and

Writmount with respect to the Services and supersedes all other agreements, whether written and oral,

between you and Writmount, except as otherwise herein expressly provided.


Your Comments and Concerns


All communications relating to the Services should be directed to: contact@writmount.com.