Effective October 10, 2009
All content made available on the Website, whether for free or for sale, such as text, tags, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ScreenwritingPro.com, its parents, subsidiaries, affiliates, licensees or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the Website and protected by U.S. and international copyright laws. All software used on this site is the property of ScreenwritingPro.com, its parents, subsidiaries, affiliates, licensees or its content suppliers and protected by United States and international copyright laws.
ScreenwritingPro.com and other marks used on the Website are registered and/or common law trademarks of ScreenwritingPro.com, its parents, subsidiaries, affiliates, licensees or its content suppliers and protected in the United States and other countries. All graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of ScreenwritingPro.com, its parents, subsidiaries, affiliates, licensees or its content suppliers. ScreenwritingPro.com trademarks and trade dress may not be used in connection with any product or service that is not ours or approved by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ScreenwritingPro.com, its parents, subsidiaries, affiliates, licensees or its content suppliers. All other trademarks not owned by ScreenwritingPro.com, its parents, subsidiaries, affiliates, licensees or its content suppliers that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ScreenwritingPro.com, its parents, subsidiaries, affiliates, licensees or its content suppliers.
ScreenwritingPro.com may modify the Website and/or any subsite and/or affiliated site and/or any content contained thereon and/or these Terms at any time without prior notice, and such modification shall be effective upon posting on the Website. Your continued use of the Website indicates your acceptance of any amendments.
ScreenwritingPro.com makes no representation as to the qualifications or competency or fitness or accuracy of any content or software applications, whether free or purchased, for any particular purpose or use. You agree to hold harmless ScreenwritingPro.com from any and all claims, actions, causes of actions, liability, costs, damages, demands, debts, obligations of any nature, whether known or unknown, suspected or unsuspected, arising out of, or in connection with your use of any content or software from the Website, whether free or purchased. ScreenwritingPro.com makes no warranty, either express or implied, as to the reputability or fitness for a particular purpose for any content or software on the Website, whether free or purchased. This Hold Harmless and Release is material consideration for ScreenwritingPro.com allowing access to the Website. If you do not agree, you should not access the Website.
Inclusion of any linked website on ScreenwritingPro.com does not imply approval or endorsement of the linked website by ScreenwritingPro.com. When you access these third-party sites, you do so at your own risk. ScreenwritingPro.com takes no responsibility for third party advertisements which are posted on this Website, nor does it take any responsibility for the goods or services provided by its advertisers. ScreenwritingPro.com is not responsible for the conduct, online or offline, of any of its third party affiliates. ScreenwritingPro.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any communication between you and the Website. Under no circumstances shall ScreenwritingPro.com be responsible for any loss or damage, including personal injury or death, resulting from your use of the Website, from any content posted on or through the Website, or the conduct of any of its affiliates, whether online or offline.
You understand and agree that you use the Website and the material it contains at your own discretion and risk. You agree that you will not hold ScreenwritingPro.com responsible for other users' or any third parties' actions or inactions, including with respect to the goods and services posted or for sale in connection with the Website.
YOU UNDERSTAND AND AGREE THAT THE GOODS AND SERVICES ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SCREENWRITINGPRO.COM DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, REGARDING THE SECURITY, RELIABILITY, AND PERFORMANCE OF THE WEBSITE (INCLUDING THE SERVER THAT MAKES IT AVAILABLE) AND ANY CONTENT OR GOODS AVAILABLE FOR SALE IN CONNECTION THEREWITH, AND ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL SCREENWRITINGPRO.COM OR ANY OF ITS PRINCIPALS, OWNERS, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, JOINT VENTURERS, CONTRACTORS, CONSULTANTS, SUPPLIERS, LICENSEES AND OTHER AFFILIATES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION OR OTHERWISE, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, ARISING FROM OR RELATING TO USE OF OR ACCESS TO THE SCREENWRITINGPRO.COM SITE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING THE FOREGOING, IF SCREENWRITINGPRO.COM IS FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID US IN CONNECTION WITH ANY PARTICULAR SALE AT ISSUE GIVING RISE TO THE LIABILITY, AND (B) ONE HUNDRED DOLLARS (U.S. $100).
Software available on the Website ("Software"), whether free, discounted or on full sale, is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.
If there is any dispute about or involving the Website or any of its content or software, you agree that the dispute shall be governed by the laws of the State of California without regard to conflict of law provisions that would purport to change the choice of law and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Los Angeles. Either ScreenwritingPro.com or you may demand that any dispute between ScreenwritingPro.com and you arising out of these Terms must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California. Notwithstanding the demand for Arbitration by either party, it is agreed that the Arbiter shall apply the laws of State of California. This Arbitration provision will not apply to the extent you have in any manner violated or threatened to violate ScreenwritingPro.com's intellectual property rights and ScreenwritingPro.com may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts.
These Terms are accepted by and upon your use of the Website and is further affirmed by you affirmatively acting in any manner in connection with the Website, including but not limited to initiating a purchase. These Terms constitute the entire agreement between you and ScreenwritingPro.com regarding the use of the Website. The failure of ScreenwritingPro.com to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision or any other right or provision contained herein. These Terms operate to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Recognizing the global nature of the Internet, you agree to comply with all rules regarding online conduct and use of the Website. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. ScreenwritingPro.com makes no representation that materials on this Website are appropriate or available for use in locations outside of the United States, and accessing them from territories where their contents are illegal is prohibited.
Under California Civil Code Section 1789.3, you are entitled to the following specific consumer rights information:
(a) Contact Information. You can contact us in writing at: 2040 Westwood Blvd, Los Angeles, CA 90025 or by telephone by calling: 800.272.8927.
(b) Complaints. The procedures that you may follow in order to resolve a complaint regarding this Website or products/services purchased from ScreenwritingPro.com are as follows: Contact the California Department of Consumer Affairs to resolve a complaint. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, California, 95814, or by telephone at (916) 445-1254. You can obtain further information regarding use of this Website by contacting the California Department of Consumer Affairs.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.