Ownership of Site and Restrictions on Use of Content
In addition to Eagle's and its licensors' rights in individual elements of the Contents, Eagle owns a copyright in the selection, coordination, arrangement and enhancement of the Content as well as patent protection on the concept of creating and delivering the product as well as in the in configuration of the package. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another website, or in any other way exploit the writemymemoirs.com website and/or any of the Content, in whole or in part.
Use of Writemymemirs.com
To use writemymemoirs.com, you will need access to the World Wide Web, and you must pay any fees associated with your use of such access. You will also need equipment and a modem or other access device. Eagle may alter, augment or terminate the writemymemoirs.com website in whole or in part at any time and from time to time in its sole discretion. Eagle reserves the right to modify, deny or suspend your access to writemymemoirs.com at any time without notice to you.
In order to access and use the software and/or other products on writemymemoirs.com, you must register and pay by credit card or other method, as described on writemymemoirs.com Upon completion of registration, you will receive, at a minimum, a password, as further described on writemyemmoirs.com . You agree that you will be responsible for maintaining your password as confidential and for any activity that occurs as a result of your enabling or permitting another person or entity to use your password. You agree to immediately notify us in the event that (i) your password is lost or stolen, or (ii) you become aware of any unauthorized use of your password or of any other breach of security that might affect writemymemoirs.com. Eagle is not responsible for any loss or damage arising from your failure to comply with the provisions of this Section.
You acknowledge and agree that Eagle may terminate your password and/or other access privileges and remove and discard any Content without notice to you for any reason. You agree that any termination of your access to writemymemoirs.com shall not result in any liability or other obligation of Eagle to you or any third party in connection with such termination.
Provided that you have paid any and all associated fees, charges and other amounts, as further described on writemymemoirs.com, has no ownership interest in any input provided by you. You understand that if you fail to pay any amounts due in accordance with these Terms and Conditions or the applicable license agreement, Eagle reserves the right to temporarily or permanently suspend your ability to access and use writemymemoirs.com, including without limitation, your ability to access and use any information, content or input provided by you.
Third Party Property
You agree that you may upload to the software files or otherwise transmit on or through this website only Content that is not subject to any rights of any third parties, or Content in which any holder of such rights has given express authorization for distribution on the Internet. By submitting Content to Eagle including, without limitation, any text or message in any transmission, you automatically grant, or warrant that the owner of such Content has expressly granted, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Content.
We use commercially reasonable efforts to ensure that the colors, design and details of the products displayed on writemymemoirs.com website are accurate. However, we cannot and do not guarantee that the colors, font types, design, paper stock and/or detail, as displayed by your monitor, will be accurate and we assume no responsibility whatsoever for such difference in color, design and details.
The information and descriptions of Eagle’s products and services are intended as general information and are not necessarily complete descriptions of all terms, exclusions and conditions applicable to the products and services offered by Eagle. All software provided by Eagle is subject to the terms and conditions of the applicable software license. Eagle uses commercially reasonable efforts to ensure that all information provided on writemymemoirs.com regarding its products and services are accurate. However, Eagle cannot and does not guarantee that all information, as displayed by your monitor, will be accurate and Eagle assumes no responsibility whatsoever for such differences. If you purchase any products or services from Eagle, you understand that such purchase is subject to Eagle’s standard terms and conditions of sale, in addition to the applicable software license.
Prohibited Conduct and Use
You agree to use the writemymemoirs.com website only for lawful purposes. You are expressly prohibited from placing any message in any part of the writemymemoirs.com or otherwise transmitting through writemymemoirs.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law (collectively, "Prohibited Conduct"). You agree and acknowledge that Eagle is not responsible or liable to you or any other party for any Prohibited Conduct by any user of writemymemoirs.com at any time.
You are expressly prohibited from using a false e-mail address or other identifying information. Further, you may not send communications to people or other entities on mailing lists that you do not have full rights to use.
This website may contain links to other websites solely for your convenience. Eagle does not endorse nor make any warranties or representations about any website you may access through a link from the writemymemoirs.com website. You agree and acknowledge that you (and not Eagle) assume all risk for any dealings or transactions of any nature, including without limitation, the purchase of any products or services from, or the reliance upon any information or materials contained in, such linked sites. You understand that such linked sites may have policies, including privacy policies, that are different from writemymemoirs.com’s and you are advised to review such linked site’s policies prior to using such sites or providing personal information to them.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, SHALL EAGLE BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM ANY PRODUCTS, GOODS OR SERVICES PURCHASED OR OTHERWISE TRANSMITTED FROM THIS WEBSITE, THE USE OF OR THE INABILITY TO USE THE MATERIALS IN THIS WEBSITE, OR ANY PRODUCTS, GOODS OR SERVICES PURCHASED OR OTHERWISE TRANSMITTED FROM THIS WEBSITE, EVEN IF PASTIME OR AN EAGLE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EAGLE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANY PRODUCT, GOOD OR SERVICE ORDERED OR PURCHASED FROM THIS WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ALL PRODUCTS OFFERED BY EAGLE ARE PROVIDED SUBJECT TO EAGLE’S TERMS AND CONDITIONS OF SALE AND ANY APPLICABLE SOFTWARE LICENSE. THE INFORMATION YOU RECEIVE THROUGH THE WRITEMYMEMOIRS.COM WEBSITE MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE AND YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON INFORMATION CONTAINED IN THE SITE ARE YOUR SOLE RESPONSIBILITY.
THE USE OF THE WRITEMYMEMOIRS.COM WEBSITE IS SOLELY AT YOUR OWN RISK. THE WRITEMYMEMOIRS.COM WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PASTIME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PASTIME DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WRITEMYMEMOIRS.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.EAGLE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE REGARDING THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT EAGLE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DEFECT IN OR DISSATISFACTION WITH THE WRITEMYMEMOIRS.COM WEBSITE IS TO CEASE TO USE THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
If you contact Eagle with information including, without limitation, feedback data (e.g., questions, comments, suggestions or the like) regarding this website, the content of this website or any item on this website (collectively, "Information"), the Information shall be deemed to be non-confidential and Eagle shall have no obligation of any kind with respect to the Information. In addition, you agree and acknowledge that Eagle shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works and distribute the Information to others without limitation, and to authorize others to do the same. Further, Eagle shall be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and other items incorporating the Information. Eagle shall not be liable or owe any compensation for the use or disclosure of the Information.
Usage by Children
Eagle does not solicit the use of the writemymemoirs.com website or purchase of products offered on the writemymemoirs.com website by minors. However, Eagle cannot prevent such use or purchase and cannot prevent minors from visiting the writemymemoirs.com website. Parents, guardians and those responsible for supervising minors are solely responsible for determining what materials, products and services are suitable for such children to view and/or purchase. If we learn that we have collected information from children, other than as provided herein, we will use commercially reasonable efforts to delete such information.
Unless otherwise specified, the materials in the website are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions and protectorates. Eagle makes no representation that materials in this website, or the products and services promoted in this website, are appropriate or available for use outside the United States. Those who choose to access this website from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this website is further subject to United States export controls. No software from this website may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Changes and Modifications
Intellectual Property Policy
To file a notice of infringement with Eagle, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website, located at http://lcweb.loc.gov/copyright/.
This agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. Venue and personal jurisdiction shall lie solely in the state and federal courts located in this State of Illinois. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in accordance with the provisions herein.