Writomize™ is a text-generation tool made available for online use (the “Service” or “System”) owned by Writomize Design, Inc. ("Writomize Design," "us," or "we"). "You" and "user" refers to you – the visitor to or user of the Site.
These Terms of Service, as amended from time to time (this “Agreement”) and the Privacy Policy posted to https://www.writomize.com/ (the “Site”), as amended from time to time (the “Privacy Policy”), govern your access to and use of the Site. This Agreement and the Privacy Policy also govern your access to and use of the System, subject to any other agreement that You or your employer or principal enter into with Writomize Design or its successor or assign with respect to the System (e.g., if your employer or principal is a business, You may have an Enterprise Agreement). It is your responsibility to periodically review the Site to ensure your awareness of the latest terms and conditions applicable to the Site and the Service. IF YOU DISAGREE WITH ANY PROVISION OF THIS AGREEMENT OR THE PRIVACY POLICY, YOU ARE NOT 18 YEARS OF AGE (OR OLDER), YOU ARE USING THE SITE OR THE SERVICE ON BEHALF OF A THIRD PARTY AND DO NOT HAVE THE AUTHORITY TO BIND THAT THIRD PARTY TO ANY OF THE TERMS OF THIS AGREEMENT, OR YOU ARE ON THE U.S. TREASURY DEPARTMENT’S LIST OF SPECIALLY DESIGNATED NATIONALS OR ARE PROHIBITED FROM RECEIVING PRODUCTS, SERVICES, OR SOFTWARE ORIGINATING FROM THE U.S., YOU MUST STOP USING THIS SITE IMMEDIATELY.
Your use of the Site or election to try the Service by clicking on the “Start my free trial!” button shall be construed as your agreement with and acceptance of all terms and conditions of this Agreement and the Privacy Policy. All references to “you” (and related possessive uses) in this Agreement shall mean You and any third party on whose behalf You use the Site or the Service, and You hereby agree that You and that third party shall be jointly and severally liable for all obligations.
Writomize Design reserves the right to modify the Site and/or the Service (including, but not limited to, any content, component, or functionality), as well as any term or condition of this Agreement or the Privacy Policy, at any time. Changes to the Site or the Service shall be effective when made, and changes to this Agreement and/or the Privacy Policy will be effective when posted to the Site. Each time you access the Site you should review the Terms of Service and the Privacy Policy then posted to the Site to ensure your awareness of any changes to this Agreement or the Privacy Policy. If you do not agree to any change, you must discontinue your access and use of the Site and the Service immediately. Writomize Design reserves the right to condition, limit, suspend, delay, deny, or terminate access to or use of the Site, the Service, or any content, component, or functionality of either or both with or without notice at any time and for any reason. Any new content, component, function, upgrade, or enhancement added or made to the Site or the Service will also be subject to the terms of this Agreement and the Privacy Policy when added or made.
Absent an Enterprise Agreement with Writomize Design, its successor, or assign, the Service is made available for personal use only and is subject to completing registration of an account in advance and the terms and conditions of this Agreement. You shall not use the Site or the Service in any unlawful manner or in any manner that interferes with or interrupts the Site or the Service. The Site and the Service are provided "as is" and on an "as available" basis. Writomize Design does not guarantee and does not promise any specific results from the use of the Site or the Service. Subject to the rights reserved by Writomize Design and the terms and conditions of this Agreement, the Output is your property to be used AT YOUR SOLE RISK.
To register an account, you must provide current and accurate contact and payment information. Writomize Design reserves the right to refuse or deny registration of an account at any time and without notice for any reason.
By using the Site or the Service, you represent, warrant, and agree as follows:
You irrevocably waive and release Writomize Design, its owners, employees, contractors, representatives, agents, affiliates, successors, and assigns from all responsibility associated with your use, or the use by any person accessing the Site or the Service via your account, of the Site and the Service.
At all times you must keep confidential the username, password, and account information applicable to your account. You are solely responsible for all information, data, text, messages, and other materials that you or anyone accessing the Site or the Service through or as a result of your account post to or transmit through the Site or the Service, as well as for all other activities associated with your account. You are solely responsible for any and all activities that occur in relation to your account, and you shall not permit anyone else access to or use of your account or the Site or the Service. You shall not, shall not agree to, and shall not authorize or encourage any third party to use the Service to upload, transmit, or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, threatening, pornographic, obscene, containing viruses, or is otherwise objectionable. Personal attacks, defamation, harassment, spam, offensive content, inappropriately behavior, or other illegal activities are strictly prohibited. What is objectionable, offensive, or inappropriate is to be determined in Writomize Design’s sole discretion. Violating the terms and conditions of this Agreement may result in immediate termination of your account and all other remedies available to Writomize Design at law or in equity. You agree that Writomize Design shall have the right to investigate your use of the Site and/or the Service or any use of your account to determine whether a violation of this Agreement has occurred or to comply or assist with any applicable law, regulation, legal process, investigation, civil suit, or governmental request.
You must be a human to use the Service. Automated account registration or automating functions of the Service are strictly prohibited. You must not modify or adapt the Site or the Service or modify another website to falsely imply that it is associated with the Service or Writomize Design. You agree to not modify the Site or the Service in any manner or otherwise use either for any unauthorized purpose. You agree not to access the Service by any means other than through the interface provided by Writomize Design. You acknowledge that the Service is not intended for permanent storage and agree not to use the Service for archiving data or for back-up purposes. Use of any of the Site, the Service, or Writomize Design’s IP in any manner not expressly permitted by this Agreement is prohibited.
Writomize Design owns or licenses all rights, title, and interest in and to the Site and the Service and all content, components, and functionality of them (including, but not limited to, the “look and feel” of the Site, graphics, images, sounds, data, information, servers, code, processes, algorithms, methodologies, procedures, enhancements, and intellectual property comprising them), as well as all intellectual property rights and goodwill arising or related thereto, all of which shall be referred to in this Agreement collectively as “Writomize Design’s IP”. Writomize Design logos displayed on the Site or the Service are trademarks of Writomize Design. By accessing or using the Service, you irrevocably grant a royalty-free, worldwide, perpetual, and transferable (to Writomize Design’s successor or assign) license to Writomize Design (or any of its successors or assigns) to copy, use, modify, publish, and distribute all data and information you submit to the Service (the “Input”) or is delivered by the Service to you (the “Output”), on a worldwide, perpetual, non-exclusive, royalty-free basis, for the purpose of, as Writomize Design determines necessary or appropriate in its sole discretion, providing the System and the Output, addressing access, availability, or other issues You experience with the Services or any Output, communicating with you, collecting subscription fees, taxes, and charges, developing or implementing any updates or enhancements to the System, creating System deliverables for You or third parties, operating Writomize Design’s business, engaging in transactions or due diligence associated with the financing, sale, transfer, or license of all or any portion of the Service or Writomize Design, bringing or defending any claims, and complying with law, regulations, or any subpoena or legal process or proceeding. In addition, Writomize Design’s rights hereunder shall survive the suspension, cancellation, or termination of your account or this Agreement. You represent and warrant that You have obtained all consents necessary or appropriate to the use and disclosure of the Input.
The Site may contain one or more hypertext links to third-party websites or display advertisements or promotions involving third parties. Any third-party link is provided solely as a convenience and does not constitute an endorsement of the third party’s website, product, or service. A third-party website, product, or service may not comply with the Privacy Policy, and it may violate your personal or commercial rights; consequently, all links to third-party websites and advertisements or promotions involving third parties are provided “as-is”, “as-available”, and shall be used by you at your sole risk. You should direct any concerns with respect to any other website to that website’s administrator or webmaster. Writomize Design shall not be responsible or liable for any loss or damage.
We shall use commercially reasonable efforts to maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of your data. YOU UNDERSTAND THAT THE TECHNICAL PROCESSING AND TRANSMISSION OF THE DATA YOU SUBMIT TO THE SERVICE MAY BE UNENCRYPTED AND INVOLVE TRANSMISSIONS OVER VARIOUS NETWORKS AND TO THIRD-PARTY HOSTING PARTNERS TO PROVIDE THE NECESSARY HARDWARE, SOFTWARE, NETWORKING, STORAGE, AND RELATED TECHNOLOGY REQUIRED TO OPERATE AND MAINTAIN THE SERVICE. YOU SHOULD NOT SUBMIT PERSONALLY-IDENTIFIABLE DATA TO THE SERVICE; HOWEVER, IF YOU DO AND YOU ARE A “DATA SUBJECT” FOR PURPOSES OF THE GENERAL DATA PROTECTION REGULATION (“GDPR”), YOU HEREBY CONSENT TO Writomize Design’S USE OF YOUR DATA IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND THE PRIVACY POLICY. IF YOUR USE OF THE SERVICE INCLUDES ANY DATA ABOUT AN INDIVIDUAL WHO RESIDES OUTSIDE OF THE UNITED STATES, YOU SHALL ENSURE, AT YOUR SOLE COST, THAT ALL STEPS NECESSARY FOR YOU AND Writomize Design TO COMPLY WITH THE REQUIREMENTS OF THE GDPR AND ANY OTHER FOREIGN LAW OR REGULATION APPLICABLE TO PERSONAL INFORMATION OR PERSONAL DATA ARE IMPLEMENTED (E.G., WITHOUT LIMITATION, PROVIDING NOTICE AND/OR OBTAINING CONSENT, FROM DATA SUBJECTS), AND Writomize Design IS NOT PROHIBITED FROM PROCESSING, COPYING, PUBLISHING, MODIFYING, AND OTHERWISE USING THE DATA AS Writomize Design REASONABLY DEEMS NECESSARY OR APPROPRIATE TO PROVIDING THE SERVICE, COMMUNICATING WITH YOU, ADDRESSING OR FIXING ANY BUGS, DEVELOPING OR IMPLEMENTING ANY UPDATES OR ENHANCEMENTS TO THE SERVICE, OPERATING Writomize Design’S BUSINESS OR ENGAGING IN ANY TRANSACTION OR DUE DILIGENCE ASSOCIATED WITH THE FINANCING, SALE, OR TRANSFER OR LICENSE OF ALL OR ANY PORTION OF THE SERVICE OR Writomize Design, BRINGING OR DEFENDING ANY CLAIMS, AND COMPLYING WITH LAW, REGULATIONS, OR ANY SUBPOENA OR OTHER LEGAL PROCESS. Your obligations under this Section 9 shall survive the termination of your use of the Site or the Service.
You can submit questions, comments, feedback, suggestions, ideas, plans, notes, corrections, drawings, or other original or creative materials (collectively, “Ideas”) to Writomize Design through the Site or by other means so long as all submissions are lawful and do not infringe the rights of any third party. BY SUBMITTING ANY IDEA, YOU AGREE THAT YOU ARE DOING SO VOLUNTARILY AND ON A NON-CONFIDENTIAL AND GRATUITOUS BASIS AND YOU ARE IRREVOCABLY ASSIGNING, TRANSFERRING, AND CONVEYING TO Writomize Design ALL OF YOUR RIGHT (INCLUDING, BUT NOT LIMITED TO, INTELLECTUAL PROPERTY RIGHTS (E.G., WITHOUT LIMITATION, COPYRIGHT) IN THE IDEA, GOOD AND MARKETABLE TITLE TO THE IDEA, AND ALL INTERESTS IN AND TO THE IDEA FOR NO COMPENSATION NOW OR IN THE FUTURE AND WARRANT THAT YOU ARE THE SOLE AND ORIGINAL AUTHOR OF THE IDEA. UPON RECEIPT OF ANY IDEA, Writomize Design (OR ITS SUCCESSOR OR ASSIGN) SHALL OWN AND BE ENTITLED TO THE UNRESTRICTED RIGHTS, TITLE, AND INTERESTS OF THE IDEA FOR ANY PURPOSE, COMMERCIAL OR OTHERWISE, WITHOUT ACKNOWLEDGEMENT OR COMPENSATION TO YOU. DO NOT SUBMIT IDEAS IF YOU EXPECT TO BE PAID FOR THEM, IF THEY ARE NOT SOLELY YOUR IDEAS, OR YOU WANT TO CONTINUE TO OWN OR CLAIM ANY RIGHTS OR INTERESTS IN THEM.
You agree to hold harmless, defend, and indemnify Writomize Design and its owners, directors, employees, contractors, representative, agents, successors, and assigns from and against all losses, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and court costs, resulting from any claims made by any user or third party and arising from or in any way related to your use of the Output, the Service, or the Site, the use of any third party of the Site or the Service via your account, your breach of this Agreement or the Privacy Policy, or your failure to comply with any law or regulation (including, but not limited to, the GDPR). Writomize Design reserves the right to assume exclusive defense and control of any matter subject to this indemnification provision (at your cost) and you shall fully cooperate with Writomize Design, at your sole expense, in the defense of such matter. Your indemnification obligations shall survive the termination of your use of the Site or the Service.
Writomize Design may assign this Agreement, in whole or in part, without restriction. You may not, directly or indirectly, by operation of law or otherwise, assign all or any part of this Agreement or your rights under this Agreement, or delegate performance of your duties under this Agreement, without Writomize Design’s prior consent.
Writomize Design provides a free trial period of the Service and several fee-based options. Upon initial use of the Service, you are eligible for a free trial and can upgrade to a paid subscription at any time during the free trial. Unless you cancel your account prior to the expiration date of your free trial period, you will be billed for the subscription period associated with your free trial. The Service is charged at the start of your elected subscription term (the “subscription period”) and charged monthly. Subscription periods renew automatically unless you cancel your account prior to the expiration date of a subscription period. YOUR ACCOUNT MUST BE CANCELLED BY YOU BEFORE THE SUBSCRIPTION PERIOD RENEWS IN ORDER TO AVOID HAVING A NEW MONTH’S FEES BILLED TO AND COLLECTED FROM THE PAYMENT METHOD. Writomize Design reserves the right to change the timing of its billing, particularly if a payment method has not settled successfully.
Writomize Design bills you through a secure online account. For your protection, our secure payment gateway partner stores your complete billing information. You agree to pay Writomize Design for all charges at the prices then in effect for any use of the Service by you or other persons (including your agents, partners, affiliates, or employees) using your account, and you authorize Writomize Design to charge your chosen credit card for the Service, and agree to make payment using that selected method. If Writomize Design does not receive payment from your credit card, you agree to pay all amounts due on your billing account on demand. There are no refunds or credit for partial months of service, plan downgrades, or refunds for month unused if you elect to close your account before the end of your subscription period, or in the event of the termination of your account. The account owner will receive an email invoice upon each billing charge. All subscriptions will automatically renew at the end of your subscription period until cancelled by you, as all of our paid subscription plans use recurring billing. If you elect to pay for the subscription period on a monthly basis, you will automatically be charged the subscription plan fee for the subsequent month unless you cancel the service before the new subscription plan period begins. By entering into this Agreement, you accept responsibility for all recurring charges prior to cancellation.
Unless otherwise expressly stated by Writomize Design, all subscription fees, taxes (if applicable), and charges are in U.S. dollars and must be paid in U.S. currency. You are solely responsible for all applicable sales taxes, VAT taxes, and all other assessments that may apply at any time to your use of the Service, which shall be charged based on the taxing jurisdiction’s requirements. Failure to pay any amount of subscription fees, taxes, or charges due may result in the suspension or termination of your account without notice. If Writomize Design extends any credit terms to you and you fail to pay as agreed, you shall also be responsible for the following “charges” (which is not intended to be an exclusive list): (1) a late fee equal to ten percent (10%) of the outstanding balance (“Late Fee”), (2) interest on the outstanding balance at the annual rate of eighteen percent (18%) (“Interest”), and (3) all collection fees (including, but not limited to, attorneys’ fees, collection agency fees, and court costs) that Writomize Design incurs (“Collection Fees”). Your obligations and Writomize Design’s rights under this Section shall survive the suspension, cancellation, or termination of your account or this Agreement.
Writomize Design currently accepts PayPal, Visa, MasterCard, American Express, and Discover credit cards as a Payment Method but reserves the right to change the acceptable Payment Methods at any time and without notice. Your acceptance of this Agreement authorizes Writomize Design to charge all subscription fees, taxes, Late Fees, Interest, Collection Fees, and Reprocessing Fees (defined below) to the Payment Method. To make a payment, you must provide the cardholder’s name and address, the card number, the card security code, and the card expiration date. You are solely responsible for keeping the Payment Method current in the Account Profile. If the Payment Method cannot be verified, is invalid at any time, or is otherwise unable to be processed for payment of any amount due Writomize Design for any reason, your account may be suspended or terminated without relieving You of Your responsibility to pay the subscription fees, charges, and taxes. Writomize Design reserves the right to retry/resubmit the Payment Method reflected in the Account Profile periodically even after receiving notice of invalidity (or the like) from the Payment Method vendor, and You shall be solely responsible for any fees resulting from reprocessing of the Payment Method, whether incurred by You or Writomize Design (“Reprocessing Fees”), for which You shall immediately reimburse Writomize Design. Writomize Design’s rights hereunder shall be in addition to any and all other remedies available to Writomize Design at law or in equity.
The obligation to pay applicable subscription fees, taxes, and charges continues until paid in full even if use of the System is interrupted or discontinued at any time. Your obligations and Writomize Design’s rights under this Section shall survive the suspension, cancellation, or termination of your account or this Agreement.
EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, ALL PAYMENTS ARE NONREFUNDABLE. Writomize Design DOES NOT PROVIDE REFUNDS FOR LACK OF USAGE OR DISSATISFACTION. From time to time Writomize Design may provide a discount, credit, or refund in its sole discretion. The provision of a free trial, discount, credit, or refund in one or more instances does not entitle You or any third party to any free trial, discount, credit, or refund in the future whether or not for similar circumstances, nor does it obligate Writomize Design to provide free trials, discounts, credits, or refunds in the future, for any reason.
Downgrading your subscription plan may cause the loss of content, features, or capacity of your account, for which Writomize Design shall have no liability.
You are responsible for properly cancelling your account. You may cancel your account at any time by going to your account or PayPal to cancel future charges for the service. Any method of communication other than electing to cancel your subscription plan inside your selected payment method will not be considered cancellation. All of your content will be immediately deleted from the Service upon cancellation. This data cannot be recovered once your account is cancelled. If you pay your subscription in monthly installments and you cancel your subscription prior to the end of the subscription period, Writomize Design will terminate your access to the Service and cease billing for future use of the Service. However, you will remain responsible for all charges incurred prior to Writomize Design terminating access to your account. Nonpayment will also constitute and initiate the cancellation of your account. After canceling your account by terminating future billings through PayPal or Recurly please submit a support ticket to initiate the termination of your account immediately.
THE SYSTEM AND THE OUTPUT ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SYSTEM, YOUR DATA AND INPUT, AND THE OUTPUT AT YOUR SOLE RISK. Writomize Design DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHER, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE, THAT THE SYSTEM OR ANY OUTPUT WILL BE ERROR OR DEFFECT FREE, CORRECT, OR ACCURATE, OR THAT THE SYSTEM OR OUTPUT DOES NOT OR WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, ANY COPYRIGHT OF ANY THIRD PARTY. YOU ARE SOLELY RESPONSIBLE FOR THE CORRECTNESS, ACCURACY, QUALITY, INTEGRITY, USE, AND LAWFULNESS OF THE INPUT AND THE OUTPUT, AND YOUR USE OF THE OUTPUT OR THE USE OF THE OUTPUT BY ANY THIRD PARTY TO WHOM OR WHICH YOU PROVIDE THE OUTPUT, EVEN IF Writomize Design HAS KNOWLEDGE OR SHOULD KNOW OF YOUR USE OR INTENDED USE OF THE OUTPUT. USE OF OR RELIANCE BY YOU OR ANY THIRD PARTY ON THE SYSTEM, YOUR DATE OR OTHER INPUT, OR ANY OUTPUT SHALL BE UNDERTAKEN AT YOUR SOLE RISK.
ANY STATEMENTS OR EXPRESSIONS BY Writomize Design THAT YOUR USE OF THE SYSTEM IS RISK FREE TO ANY EXTENT STRICTLY MEANS THAT Writomize Design PROVIDES A FREE TRIAL PERIOD OF THE SYSTEM AND SHALL NOT BE CONSTRUED TO MEAN THAT Writomize Design MAKES ANY GUARANTEES OR WARRANTIES.
NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS AGREEMENT OR REPRESENTATIONS MADE ON THE SYSTEM’S WEBSITE, Writomize Design DOES NOT WARRANT OR GUARANTY TO ANY EXTENT THAT (A) THE SYSTEM OR ANY OUTPUT WILL BE UNINTERRUPTED, CORRECT, ACCURATE, ERROR FREE, ACHIEVE ANY INTENDED RESULT, LAWFUL, MEET YOUR EXPECTATIONS OR REQUIREMENTS OR THE EXPECTATIONS OR REQUIREMENTS OF ANY THIRD PARTY, BE COMPATIBLE, OR WORK WITH ANY SOFTWARE OR NETWORK.
THIS SECTION SHALL SURVIVE THE SUSPENSION, CANCELLATION, OR TERMINATION OF YOUR ACCOUNT OR THIS AGREEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER YOUR NOR Writomize Design SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOST BUSINESS, GOODWILL, REVENUES, OR PROFITS, OR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES; EXCEPT, HOWEVER, (1) YOU SHALL REMAIN LIABLE FOR ALL SUBSCRIPTION FEES, TAXES, AND OTHER AMOUNTS PAYABLE TO Writomize Design PURSUANT TO THIS AGREEMENT, AND (2) THE LIMITATION SET FORTH ABOVE IN THIS SENTENCE SHALL NOT APPLY TO A PARTY’S INDEMNIFICATION OBLIGATION(S) OR Writomize Design’S CLAIMS FOR MISAPPROPRIATION OR INFRINGEMENT OF Writomize Design’S INTELLECTUAL PROPERTY. THE PARTIES’ RESPECTIVE LIMITATION OF LIABILITY HEREUNDER SHALL APPLY EVEN IF EITHER PARTY OR ANY OF ITS OWNERS, DIRECTORS, AFFILIATES, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR AGENTS WERE ADVISED OF, KNEW, OR SHOULD HAVE KNOWN THAT DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. THIS SECTION SHALL SURVIVE THE SUSPENSION, CANCELLATION, OR TERMINATION OF YOUR ACCOUNT OR THIS AGREEMENT. Writomize Design’S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY, TAKING INTO ACCOUNT ALL LOSSES, LIABILITIES, COSTS, AND EXPENSES, SHALL NOT EXCEED ONE HUNDRED DOLLARS.
Writomize Design may make changes to the System at any time and from time to time, the use of which may be contingent upon your agreement to additional terms. Writomize Design shall also have the right to increase the subscription fees at any time, which increase shall apply to you at the start of your immediately following renewal period.
This Agreement shall be construed and enforced in accordance with the laws of the State of Maryland, without regard to its conflict of laws principles. Neither the Maryland Uniform Computer Information Transactions Act nor the United Nations Convention on Contracts for the International Sale of Goods shall apply to this Agreement. You hereby consent to the personal jurisdiction of the courts of Maryland, and the exclusive venue for any legal proceeding shall be the courts located in Baltimore Maryland unless Writomize Design otherwise agrees, which consent it may withhold in its sole discretion. You hereby waive any claim of forum non conveniens. You agree that if you bring an action in a forum other than one authorized by this paragraph, our attorneys may move to dismiss the action and you will be responsible for paying our reasonable attorneys' fees and court costs required for the motion. Any failure on our part to enforce any portion of this Agreement shall not be a waiver of our right to enforce that or any other portion of this Agreement.
Subject to Section 22 below, if a dispute arises from or relates to the System, the Privacy Policy, this Agreement, and it cannot be settled through direct discussions, the dispute shall be submitted for mediation administered by the American Arbitration Association (“AAA”) under its Commercial Mediation Procedures (the “Rules”). If after such mediation any unresolved claim under the dispute exists, it shall be settled by final and binding arbitration administered by the AAA in accordance with the Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this Section shall be construed as a waiver of any limitations set forth in this Agreement.
Claims shall be heard by a single arbitrator selected by the parties within 15 days after the demand for arbitration. If the parties are unable to agree on an arbitrator, the arbitrator shall be selected by AAA.
Reasonable efforts shall be undertaken to ensure that the arbitrator selected has more than 20 years’ experience dealing with intellectual property and technology issues, particularly of the type involved in the claim(s) being arbitrated. Unless the parties otherwise agree, the place of arbitration shall be Baltimore, Maryland. If the aggregate proposed damages are less than $500,000, there shall be no discovery other than the exchange of documents. If the aggregate proposed damages are $500,000 or more, discovery shall consist of no more than 2 depositions per party to this Agreement.
Any arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The award shall be made within 6 months of the filing of the notice of intention to arbitrate (demand), and the arbitrator shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator for good cause shown, or by the parties’ mutual agreement. Any award in an arbitration shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. The prevailing party shall be entitled to an award of reasonable attorney fees, arbitrator compensation, and arbitration charges.
The award of the arbitrator shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
Notwithstanding any contrary provision of the foregoing, you acknowledge that monetary damages would not constitute an adequate remedy for any breach or threatened breach of Sections 4, 5, 6, 7, or 9 above as such breach or threatened breach would cause irreparable harm. In the event of a breach or threatened breach of any or all of the said Sections, Writomize Design shall be entitled to injunctive relief for the breach or threatened breach, the exclusive jurisdiction and venue for which injunction shall be a state or federal court of Writomize Design’s choosing located in the State of Maryland.