Creative Writer Software, LLC, and its parent, subsidiaries and affiliates, (individually or collectively, “we/our/us”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the type of information we may collect from you and or that you may provide us when you visit our Site(s), mobile site(s) and/or app(s). “You/your/user(s)” means you as a user of our Site(s), mobile site(s) and/or app(s) (individually or collectively, “Site(s)”) provided by us. We offer the Websites, including all information, tools and services available from the Websites, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated here, which you accept by continuing to utilize the Websites.
Guide to Contents:
1. Scope
2. Information Collected
3. Use of your Personal Information
4. Sharing Personal Information with Third Parties
5. Non-Personally Identifiable Information
6. Your Security
7. Links to Other Site(s)
8. Opt-Out
9. Children
10. Your California Privacy Rights
11. Disclosure for Legal Purposes
12. Non-Confidential Information
13. Retention, Access and Deletion
14. Assignment
15. International Uses
16. Disputes
17. Contact
1. Scope. 1.1 We value our users and respect your privacy. This Privacy Policy describes the Personal Information (as defined below) we collect about you online, why we collect it, how we use it, and when we share it with third parties. This Privacy Policy also describes the choices you can make about how we collect and use certain of that information.1.2 The Privacy Policy does not apply to information collected by us offline or through any other means, including any third party or any application or content (including advertising) that may link to or be accessible from or on the Websites.1.3. Although many areas of the Site(s) do not require registration and may be accessed by you without having to disclose any personal information, we or our service providers and/or third-party advertisers may ask you for certain kinds of personal information, including but not limited to your name, email address, mailing address, telephone number, age, credit/debit card information, user name and password, demographic information and other information that might identify you as an individual (“Personal Information”). The Personal Information we collect about you may also be combined or supplemented with information from other sources. Any Personal Information used in any manner will be used consistent with this Privacy Policy.1.4 By accessing the Site(s), you acknowledge this Privacy Policy and agree to be bound by the terms hereof and the Terms of Service set forth on each of the Site(s) that you visit. If there is anything you do not understand please email any inquiry to [email protected]. If at any time you do not agree to this Privacy Policy, please do not use the Site(s).1.5 We reserve the right to change or update this Privacy Policy by posting such changes or updates to the Site(s). Amendments to this Privacy Policy will be posted at this URL and will be effective when posted. It is your responsibility to review any such changes or updates and check the Site(s) from time to time to be sure you understand all terms and conditions, agreements and policies of the Site(s) and are in compliance with them. You can tell if the policy has changed by checking the last modified date that appears at the end of this Privacy Policy. Your continued use of the Site(s) following the posting of any amendment, modification or change shall constitute your acceptance thereof.
2. Information Collected. 2.1 We collect information that you provide directly to us. You may provide different types of Personal Information to us when you engage in certain Site(s) activities, such as creating an account, submitting a contact form, ordering a product or service, submitting, posting or accessing various content or features, subscribing to mobile push notifications, responding to and submitting a form, participating in our blogs or forums, entering a sweepstakes, contest, promotion or other special initiative, signing up for a special offer, completing a survey, sending feedback, requesting or submitting information, applying for a job, posting user generated content and/or directly contacting us. It is optional for you to engage in such activity, however, if you choose to do so, we may require that you provide us certain Personal Information. Depending upon the activity, some of the information we ask you to provide is required and some is voluntary. If you do not provide required information for a particular activity, you may not be permitted to engage in that activity. We also ask that you not send us, and that you not share, any sensitive Personal Information, for example, social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background and/or trade union membership.2.2 We may also collect certain information automatically, we may collect data that is not linked or reasonably linkable to an individual or to a particular device (such as “hashed” email addresses or usernames so as to be non-identifiable, and demographic information such as gender, age or income when not tied to PII), and location data that describes the precise geographic location of a device. This information may be collected through various technologies, including through use of cookies, web beacons and other technologies, and may include the following: your browser and mobile phone, tablet or other device type, operating system and name of your Internet service provider; web pages you visit on the Site(s); IP address, browser type, profile information, geo-location information; information about your interactions with email messages, such as whether the messages were opened and the links clicked in those emails; and standard server log information.2.3 We collect email lists. When you use the Site(s), you may be given the option to subscribe to or to be added to our subscription or email list. Whether or not you select either option, your Personal Information may be shared with third parties consistent with this Privacy Policy. Subscriptions to the email list can be cancelled at any time.2.4 We collect Information provided when you set up your account/become a registered user. You may have the opportunity to create account(s) on the Site(s), which may include a shopping account with us. A shopping account may allow you to shop faster and easier, check on order status and history, entering contests and participating in promotions and surveys, posting comments, participating in special features on the Site(s) and to use certain other features of the Site(s).] Using your email and password of your choice, you may access your account online at any time to add, delete, or change information. The Personal Information provided by you is not used for any purpose other than as outlined in this Privacy Policy. If you ever use a public computer to access the Site(s) account, we strongly encourage you to log out at the conclusion of your session. By doing so, although your information may still be stored with us, it should not be accessible to anyone else from that computer.2.5 We collect information provided by registered users. In creating an account, you authorize us to store your name, address, email address, telephone number and other Personal Information that you may provide. With the exception of email addresses, physical address and cell phone numbers, registered users’ voluntary personal profile information, including pictures, are displayed to other registered users in order to facilitate user interaction. Registered users’ user names are displayed to all users, although each verified user has the option of having his or her full name displayed to all users instead of his or her user name. We therefore encourage you to choose a user name that is not your actual name. We take steps to protect against our revealing email addresses, physical addresses or cell phone numbers directly to other users or disclosing such information to third parties other than as set forth in this Privacy Policy.2.6 Payment processing information is not collected by us. We currently use a third party for payment processing. We do not receive or store your credit card or bank account information, and we do not want you to send us your credit card or bank account information. Please review the terms of use and privacy policies of the third party payment processor prior to providing Personal Information to them.
3. Use of Your Personal Information. 3.1 Uses. We use the Personal Information we collect for various purposes, including to:• authenticate users• provide the products and services you request• enable you to participate in features such as games, donations, newsletters, surveys, reviews, blogs or forums, or to enter sweepstakes, contests, promotions and other special initiatives and to communicate with you about them• complete your purchase transactions, fulfill your orders, keep you informed about the status of our services and your orders• identify your product and service preferences, including so that we can notify you of new or additional products, services, and promotions that might be of interest to you• improve our services and service/product offerings, customer service, and overall Site(s) experience• analyze the use of our products and services and information about visitors to the Site(s)• market research• update and maintain the accuracy of our information• communicate with you by email, postal mail, telephone, text message, push notification or other means about our company, our products, or other information that we believe may be of interest to you• provide others with your information for the limited purposes described in this Privacy Policy• send you notices of a transactional, administrative or relationship nature or as required by law.3.2 We may use the Personal Information (and other information as outlined below) that we collect to customize your experience and to allow advertising to be targeted to users for whom such advertising is most pertinent. We may also use this information to customize certain features of the Site(s) to provide you with an enhanced experienced based on the type of device you are using to access the Websites, and in certain cases, provide you with requested services.3. We may use demographic and preference information to allow advertising on the Site(s) to be targeted to the users for whom they are most pertinent. This means users see advertising that is most likely to interest them, and advertisers send their messages to people who are most likely to be receptive, improving both the viewer’s experience and the effectiveness of the ads. We disclose information to third parties only in aggregate or de-identified form.
4. Sharing Personal Information With Third Parties 4.1 We are committed to maintaining your trust and we want you to understand when and with whom we may share Personal Information and information collected about you.4.2 We may disclose your Personal Information to outside individuals and/or companies who help us: bring you the products and services we offer; create, operate, and maintain the Site(s); and with specialized services such as payment processing, shipping, mail and e-mail distribution, mobile messaging, Site(s) hosting, monitoring, analytics, sweepstakes and promotions management, and survey processing. We provide these companies only with the information they need to perform their services. We also work with third parties, such as ad networks, analytics companies and social networking platforms, and they may collect information about your online activities over time and across our sites and other online services. We require that these outside individuals and/or companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us. We may also contribute to or participate in cooperative databases, which give other companies access to Personal Information.4.3 If you choose to enter a sweepstakes, contest or other promotion, your information may be disclosed to third parties who help design, administer and implement the promotion, including in connection with winner selection, prize fulfillment and aggregated data analysis. Your information also may be disclosed as required by law, such as on a winners list.4.4 We may disclose your Personal Information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Site(s), to limit our legal liability and protect our rights or to protect the rights, property or safety of users of the Site(s) or the public.4.5 We may provide products or services jointly with certain third-party businesses, such as retail businesses. We may share your Personal Information with such entities to help them deliver to you purchased goods and services, and to provide you with better service and to measure our program’s value. Sharing this information will allow such affiliate providers to market products and services directly to you, should they so choose.4.6 In addition, if we go through a business transition, such as a merger, acquisition by another company or a financing, investment, support or funding, sharing or sale of all or a portion of our assets, your Personal Information may be among the assets shared or transferred. If we engage in any of these types of transactions, your information will be subject to our Privacy Policy in effect at the time of the transfer or sharing of such information.4.7 The Site(s) may allow users to post comments and other content to the Site(s). Any Personal Information that you post to the Site(s) will become public information and will be accessible by other users of the Site(s). In addition, your user name will be viewable by other users, and we therefore encourage you to use a user name that is not your actual name. We have no responsibility to maintain the privacy or security of any such Personal Information that you may choose to post to the Site(s).4.8 Mobile phone numbers may be used to send SMS (Short Message Service), text, push notifications and voice message notifications related to the Site(s) and to communicate offers. Registered users may choose not to receive text messages from us by not providing their cell phone number to us at registration. Please note that standard message rates and data charges from your cellular service provider apply to sending and/or receiving text messages. You are solely responsible for such message rates and data charges.
5. Non-Personally Identifiable Information 5.1 Through your use of the Site(s), we may also collect certain non-personally identifiable information from you (“NPII”). NPII is not associated with you as an individual, it is data that is linked or reasonably linkable to a particular computer or device. It is measured anonymously and generally in the aggregate. We use NPII to maintain and administer the Site(s), analyze trends and user activities, gather demographic information and comply with applicable law. We may share this information with others without express notice to you or consent from you, and we may exploit, use and disclose your NPII without limitation of any kind.5.2 The Site(s) may use cookies. A cookie is a small piece of information sent by a Site(s) that is saved on your hard drive by your computer’s browser. Cookies help us remember you when you return to the Site(s). Cookies also hold information to personalize and enhance your experience and to gather Site(s) statistical data, such as which pages are visited, the Internet provider’s domain name and the addresses of the sites you visited immediately before coming to and immediately after leaving the Site(s). The information in the cookies lets us trace your “clickstream” activity (i.e., the paths taken by users of the Site(s) as they move from page to page) to enable us to better serve you by revealing which portions of the Site(s) are the most popular. Cookies contain absolutely no Personal Information. We may also allow our affiliate and service providers and advertisers to serve cookies from the Site(s) to allow them to assist us in various activities such as doing analysis and research on the effectiveness of the Site(s), its content and advertising. Some third-party advertising companies may be advertising networks that are members of the Network Advertising Initiative, which offer a single location to opt out of ad targeting from member companies (www.networkadvertising.org).5.3 We may also use “pixel tags” (sometimes called “web beacons” or “clear gifs”), which are tiny graphic images, on the Site(s). Pixel tags help us analyze users’ online behavior and measure the effectiveness of the Site(s) and our advertising and marketing. We may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no Personal Information. We work with service providers that help us track, collect, and analyze this information.5.4 Cookies, pixel tags, and/or other analytical tools that we may use on the Site(s) may collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Site(s). This information may include your computer’s Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the Site(s) you visited immediately before coming to the Site(s). Cookies, pixel tags, and/or other analytical tools in our emails may also be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us. We may also work with businesses that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to the Site(s) and your interaction with our advertising and other communications.5.5 We may combine the NPII collected through cookies, pixel tags and other analytical tools with other information we may have collected from you. This information may be used to improve the Site(s), to personalize your online experience, to help us deliver information to you, to determine the effectiveness of advertising, and for other internal business purposes. We may use and share aggregated and anonymous information to conduct market research and analysis for ourselves and/or for our business partners. Given the anonymous, non-personally identifiable nature of such information, there are no restrictions under this Privacy Policy on how we may use or disclose such information. For example, we may freely share such information with third parties who may use such data for their own marketing, advertising, research, or other business purposes. We may also freely share such information with our service providers in order for them to perform services to or for us.5.6 Ads appearing on the Site(s) may be delivered to users by us or one of our advertising partners. Our advertising partners may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement. In this way, ad servers may compile information about where you, or others who are using your computer, saw their advertisements and determine which ads are clicked on. This information may allow us or our partners to deliver targeted advertisements that they believe will be of most interest to you. This privacy statement covers the use of cookies by us and does not cover the use of cookies by any advertisers.5.7 We authorize certain service providers to utilize NPII for their business purposes and in accordance with their privacy policies, such as to report on usage or industry trends to their customer base.5.8 Third Party Functionalities: The Site(s) contains links to and/or enables certain third-party functionalities to enhance your experience on the Site(s), including social plug-ins, tools and APIs. Prior to using any third-party functionalities (for example, the Facebook “Like” button) on the Site(s), you should consult the privacy notices of the third-party providers of such functionalities (for example, Facebook), as we do not control information that is submitted to, or collected by, such third parties, or how they may use the information. The privacy policies and data practices of such third parties may differ significantly from ours, and we make no representation or warranty whatsoever about their policies and practices. Your communications and interactions with such third parties are solely between you and them, and are at your own risk.
6. Your Security 6.1 We strive to keep your Personal Information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. In addition, it is our policy to not send your credit card number via e-mail. Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information, so please do not send us your credit card number by email. Any payment transactions will be encrypted.6.2 Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Site(s), any transmission of Personal Information is at your own risk. We cannot guarantee that such information will not be intercepted by third parties and we shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, viruses, Trojan horses, other malware or terrorism and we are not responsible for circumvention of any privacy settings or security measures contained on the Site(s).
7. Links to Other Site(s) 7.1 While visiting the Site(s), you may link to websites operated by third parties or you may have come to the Site(s) using a link found in another website. This does not mean that we endorse these Site(s) or the goods or services they provide. We do not make any representations or warranties about any Site(s) that may be linked to the Site(s), including those of our payment processors. Such other Site(s) are independent from us, and we have no control over, or responsibility for their information, products or activities.7.2 In addition, our privacy practices may differ from those of these other Site(s). If you access these other websites, including if you provide Personal Information at one of those Site(s), you are subject to the privacy policy of the operator of that Site(s), not our Privacy Policy. Please make sure you understand any other website’s privacy policy before providing Personal Information.
8. Opt-Out 8.1 You may opt out of receiving email communications such as email newsletters and promotional emails by following the instructions provided at the bottom of each email, clicking the “unsubscribe” button at the bottom of emails we sent you, or by emailing us at [email protected]. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving Site(s) communications will not affect your receipt of service-related communications such as payment confirmations.8.2 Opting out of online and mobile website advertising. You can opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTe’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/.8.3 Some of our products and services use Google Analytics Advertising Features and its associated tracking technologies to help display our ads you see on other sites, and to help us manage and optimize our online advertising efforts. To opt out of Google Analytics Advertising Features, visit Google’s Ad Settings page, currently located at http://www.google.com/settings/ads/anonymous?hl=en&sig=ACi0TChxIfzpj2J6usLkL-0dI8ne85jUphqPycQiIZWAbmYdRqii0QU9BGagUo1QZSCorX444VirLNBdiZy35GLbfl3uBv86er6QXD-avsQyACFwBx6K8dM. Website users can also access the Google Analytics Opt Out Browser Add-on, currently located at https://support.google.com/analytics/answer/181881?hl=en.8.4 You can opt out of receiving online behavioral or internet based advertising by using the tools located at the Digital Advertising Alliance’s (DAA) consumer choice page, currently available at http://www.aboutads.info/choices/ or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/. In addition, the DAA’s AppChoices App allows you to limit the collection of cross-app data for your device, and a link to the AppChoices program for opting out is currently located at www.aboutads.info/appchoices.8.5 When using the ad industry opt out tools described in Sections 8.2 through 8.5, note that: (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention) but it won’t be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt out on each browser or device; and (c) other ad companies’ opt-outs may function differently than our opt-out. We do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.8.6 You can opt out of accepting cookies or disable them from your browser. The Help function on most browsers contains information on how you can set your browser to notify you before accepting cookies or can disable them entirely. If you opt out of cookies, you will not be able to take advantage of various features of the Site(s) that are available to other users. For example, we may use cookies to recognize you by name when you return to this site so you don’t have to login again and provide your password.8.7 Registered users who have provided their cell phone number to us may remove it from within their personal profile settings If you prefer not to receive text or wireless promotional communications on your mobile device, you can opt out by sending a request to [email protected] You may ask us to delete your Personal Information from our system, however, because we archive and keep track of past transactions, you cannot delete information associated with past transactions or archived information on the Site(s). Please also update your Personal Information if it changes.8.9 Registered users may terminate their registration at any time, for any reason, by contacting us. Terminating your registration will not necessarily remove previous public comments or other user content on public display on the Site(s). You understand it may be impossible to delete Personal Information entirely because of backups and records of deletions. If you wish to cancel your account on the Site(s) or delete your Personal Information previously provided to us, you may send your request to us at [email protected] and indicate in the body of your communication your request.8.10 If you do not receive a response from us to any emails you send to us within ten (10) business days, please send us another email as your original email may not have been received.
9. Children. We do not permit children under 13 years of age to use the Site(s) without parental consent, and we do not knowingly collect, use or disclose Personal Information from anyone under 13 years of age except as part of specific outreach programs with parental permission. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If you are under the age of 13 and using the Website(s) you represent that you are the parent or legal guardian of the user and that you consent to the use of the Website(s) in accordance with this Privacy Policy and the other documents that govern such use. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records. If you believe that we have mistakenly or unintentionally collected Personal Information of a minor without appropriate consent, please notify us at [email protected] or by mail to the following address: Plot Control c/o Creative Writer Software, LLP, 155 Chestnut Ridge Road, Montvale, NJ 07645, ATTN: Privacy, so that we may immediately delete such information and take other appropriate action.
10. Your California Privacy Rights 10.1 Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates’ direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: Plot Control c/o Creative Writer Software, LLP, 155 Chestnut Ridge Road, Montvale, NJ 07645. You must put the statement “Your California Privacy Rights” in the body of the request and state the name of our website with respect to which you are requesting the information as well as your name, street address, city, state, and zip code.10.2 In addition, please note the following:(a) Users can visit the Site(s) anonymously;(b) We will add a link to this Privacy Policy on our home page, or at a minimum, on the first significant page after entering the Site(s);(c) Our Privacy Policy link includes the word “Privacy” and can be easily be found on the page specified above;(d) Users will be notified of any privacy policy changes on our Privacy Policy page;(e) Users are able to change their Personal Information by emailing us;(f) Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. Because uniform standards for “Do Not Track” signals have not yet been adopted, we do not do not process or respond to such signals in users’ web browsers at this time; and(g) We allow the collection of users’ behavioral tracking (but not Personal Information) by third parties. We do not authorize the collection of Personal Information on the Site(s) by third parties.
11. Disclosure for Legal Purposes. You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Site(s), such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.
12. Non-Confidential Information. We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
13. Retention, Access and Deletion. We will retain your Personal Information for as long as your account is active, as needed to provide you products or services; as needed for the purposes outlined in this Privacy Policy or at the time of collection; as necessary to comply with our legal obligations, resolve disputes and enforce our agreements; or to the extent permitted by law. At the end of the retention period, we will delete your Personal information in a manner designated to ensure that it cannot be reconstructed or read.
14. Assignment. We may freely assign this Privacy Policy or any of our rights and/or obligations hereunder.
15. International User Notice. For international users, please note that it may be necessary to transfer your information internationally and, in particular, your information may be transferred to and processed in the United States. For residents of the European Union — the data protection and other laws of other countries outside of the European Union may not be as comprehensive as those of the European Union. Please be assured that we take steps to ensure that your privacy is protected as described in this Privacy Policy, including Section 8.5. By using the Site(s), you agree to have your information used and transferred to the United States as set forth in this policy.
16. Disputes. Any disputes arising out of or regarding this Privacy Policy are subject to our Terms of Service and will be governed by the laws of the State of New Jersey, applicable to agreements made and performed in New Jersey. Except where prohibited by law, you further agree that (1) any and all disputes and causes of action arising out of this Privacy Policy shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the Judicial Arbitration and Mediation Services, Inc. [“JAMS”] and held at the JAMS regional office located in or closest to Montvale, New Jersey. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim or seek injunctive relief or any other equitable claim. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. For New Jersey residents, the previous two sentences apply only to the maximum extent permitted under New Jersey law.All disputes between you and us will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of us or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either us or you pursuant to the following conditions:(a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in or near Montvale, New Jersey.(b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.(c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.(d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.(e) Costs and Fees. You will be subject to a $250 filing fee (or the filing fee applicable at the time of filing) to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators’ and administrative fees of arbitration, with us remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.(f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal’s determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.(g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.(h) Subject to the requirement for arbitration hereunder, in any action arising out of or relating to this Privacy Policy, the laws of the State of Delaware shall be applied, without regard to choice of laws.(i) Class Action Waiver. The parties further expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and us shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
17. Contact. If you have any questions about your privacy or security at the Site(s), or wish to update your Personal Information, please send an email to [email protected] or write to us at: Plot Control c/o Creative Writer Software, LLP, 155 Chestnut Ridge Road, Montvale, NJ 07645, and include your name, mailing address and email address in the message.
DATE LAST MODIFIED: May 9, 2023