Terms of Service

Terms of Service For Becky’s Bouquet, LLC dba Spell to Write and Read Forum 

By accessing, viewing, downloading, uploading to, or otherwise using content, media, or any other products or services, including the underlying proprietary code and technology, owned or operated by Becky’s Bouquet, LLC dba Spell to Write and Read Forum or its affiliates, subsidiaries, related corporate entities, and authorized partners through its website, email products or services, or mobile applications (collectively, “Spell”), you acknowledge that you have read, understood, and agree to be bound by the Terms of Use (the “Terms”) described below and that your use of such is at all times subject to these Terms. In some cases, the content, media, or other products and services may be integrated into websites and mobile applications provided by third parties (including social networking sites), and these Terms also apply to your use of the Forum.

Additionally, by accessing any of Spell’s materials (online or otherwise), you represent that you are at least 18 years old and that you are fully able and competent to enter into and comply with these Terms. If you are younger than 18, then you must get the consent of your parents prior to using Spell, and if you do use Spell you represent to us that you have done so.

Your privacy is important to us. Our Privacy Policy is set forth below and we encourage you to carefully review its terms. In addition to the Privacy Policy, you are also subject to any additional posted guidelines, policies, or rules applicable to specific services and features on Spell, which may be posted by us from time to time (the “Guidelines”), and we encourage you to read such Guidelines. All of these Guidelines are part of these Terms and are hereby incorporated by reference. To the extent that any terms of these Terms conflict with any Guidelines, these Terms shall control.

This Agreement shall remain in full force and effect for so long as it is posted on any of the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. If you cancel your membership before the end of the applicable billing cycle, you will not receive a refund for the current billing period. Access to the site ends the moment you terminate your membership.

These Terms, and any future modifications to such Terms, govern your use of Spell and constitute a legal contract between you and Spell. If you do not agree to these Terms, please immediately discontinue using Spell. 

1. PRIVACY POLICY 

One of our main priorities is your privacy. This Privacy Policy document contains types of information that is collected and recorded by Spell and how we use it.  If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us. This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect. This policy is not applicable to any information collected offline or via channels other than this website. 

Consent

By using our website, you hereby consent to our Privacy Policy and agree to its terms.

Information We Collect

We may receive information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide. When you register for an account, we may ask for your contact information, including items such as name, address, email address, and telephone number.

How We Use Your Information

We use the information we collect in various ways, including to:

• Provide, operate, and maintain our website
• Improve, personalize, and expand our website
• Understand and analyze how you use our website
• Develop new products, services, features, and functionality
• Communicate with you for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
• Send you emails
• Find and prevent fraud
• Cookies and Web Beacons to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information

Children’s Information

Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.  Spell does not knowingly collect any Personal Identifiable Information from children under the age of 18. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.

2. USER-GENERATED CONTENT

Absent a separate written agreement with us, you do not claim any ownership rights to the content created by Spell’s users and shared through Spell (including on our social media channels), including content in our blogs or forums (“Content”). We reserve the right to disable the ability of users to share content and we may also have a third-party provider, including but not limited to Facebook, provide a forum on Spell to share Your Content.  After posting Content, subject to any rights of third-party providers, you grant unrestricted authority to Spell to the Content. The Content that you upload to Spell needs to comply with these Terms.

You hereby grant Spell an exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, and transferable right and license to use, reproduce, create derivative works of, distribute, publicly perform, and publicly display Content in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, Spell (and our social media channels) without payment and without further consent or notice to you. Without limiting the foregoing, you agree that Content you remove may persist for a reasonable amount of time in backup copies.

You hereby agree that we may remove Content in our sole and absolute discretion. You hereby agree that if Content is removed from Spell owing to a violation of these Terms, including in response to any DMCA (as defined below) take-down notice or because such Content contains illegal or otherwise objectionable images, Spell shall have the right to use and reproduce Content in response to any subpoena or other judicial or administrative order; to assist government enforcement agencies or as otherwise required by law; and to protect the rights, property, or safety of Spell, any individual, or the general public. If Content is removed, lost, altered, damaged, misused, or otherwise irretrievable, you agree to, and hereby do, waive Spell from any and all liability.

You are responsible for making sure that you have all rights to Content, including the rights necessary for you to grant the foregoing licenses to Content. You are solely responsible for your Content. Spell does not guarantee any confidentiality or privacy with respect to any of your Content.

Additionally, you understand and agree that Content that is displayed on Spell may continue to appear on Spell even after your account is deactivated for any reason, as portions of Content may have been incorporated into other features, including, but not limited to, profiles, community boards, third-party social-sharing sites, and other features.

3. SUBMISSIONS

We encourage our users to submit suggestions and ideas to us on a nonconfidential basis. If you send us creative suggestions, ideas, notes, drawings, concepts, or other submissions (e.g., postings to chats, surveys, message boards, contests, or similar items) (collectively, the “Submissions”), you automatically grant, or warrant that the owner of such material expressly grants, Spell the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such Submission (in whole or in part) through Spell and/or to incorporate it in Spell’s methods or other works in any form, media, or technology now known or hereafter developed for any purpose that Spell chooses. Spell is not obligated to integrate any Submission into Spell’s Methods but may choose to do so at its sole discretion. Regardless of whether or not a Submission is integrated into the Spell Methods, Spell is not obligated to maintain any Submissions in confidence and may publicly disclose or use the Submissions. The sender acknowledges that any such use by Spell will be without any compensation to the sender whatsoever and may not credit the sender, depending on the form of the Submission. The sender waives all so-called “moral rights” in all Submissions. The sender further waives the right to make any claims against Spell relating to unsolicited Submissions.

From time to time, Spell may give you opportunities to participate in Spell-sponsored events, promotions, and presentations through requests for user Submissions that we may request through our website, social media channels or otherwise. Spell will post guidelines (or provide forms) regarding your Submission. These guidelines are designed to assist you in providing a Submission that suits our needs. Spell may, at its discretion, alter or change the guidelines without notice to you. For instance, Spell may extend a deadline for Submissions or accept and/or reject Submissions that fall outside the guidelines at its discretion. Requests for user Submissions are not contests, and user Submissions may be evaluated in any manner Spell and its affiliates deem appropriate.  Spell does not guarantee that any Submission you provide will be reviewed or even considered for publication. In some cases, Submissions not chosen in a Submission request may be used before, during, or after the close of the Submission request. Such appearance on Spell is independent of the decision to use your Submission for a particular event, promotion, or presentation.

4. LICENSES 

Spell strives to make Spell’s Methods widely available to improve the learning process for our clients. Except as expressly permitted under these Terms, you agree not to, nor will you allow any third party (whether or not for your benefit) to:

• rent, lease, loan, or sell access to Spell or Spell’s Methods;
• decompile or reverse engineer (except as otherwise permitted by applicable law notwithstanding such limitation) or attempt to access the source code of the software underlying Spell;
• access (or attempt to access) any service on Spell by any means other than as permitted in these Terms;
• circumvent, disable, or otherwise interfere with any features of Spell that prevent, restrict, or limit the copying, sharing, or other unauthorized manipulation of any Spell’s Methods or any third-party content;
• access Spell to cause a breach of security to Spell or interfere with the proper working of Spell or prevent others from using Spell or accessing Spell Methods;
• programmatically or manually copy, scrape or appropriate data, including text and images, from content pages accessed through the Spell technologies;
• programmatically or manually remove or reformat page elements including the Spell logo, page header, and page footer from content;
• host or publish copies of our content or all or part of our website without attribution; or
• delete the copyright and other proprietary rights notices on Spell Methods.

If you have any questions about our licensing policies, please email admin@swrforum.com. 

5. INTERACTIVE AND SOCIAL FEATURES

To the extent such service is available on Spell, you are welcome to post Content to forums, blogs, bulletin boards, chat rooms, user commenting features, or other interactive or social features that may be offered within, or in connection with, Spell (collectively, “Forums”). If you use any such Forums, you should be aware that any personal information you submit, display, or publish there is considered publicly available and can be read, collected, used, and disclosed by other users of those features, by us, and by other third parties without restriction. In addition, if you post Content on a third-party service that references Spell, your Content may be used on, or in connection with, Spell. Spell accepts no responsibility whatsoever in connection with or arising from your Content or for the personal information you choose to submit in these features. Spell does not endorse and has limited control over the content submitted by others to Forums. Content submitted to Forums are not necessarily reviewed by Spell prior to posting and do not necessarily reflect the opinions or policies of Spell. Spell makes no warranties, express or implied, as to the content in the Forums or the accuracy and reliability of any content and other materials in the Forums. Nonetheless, Spell reserves the right to prevent you from submitting your Content to Forums and to edit, restrict, or remove your Content in its sole discretion.

Spell assumes no responsibility for actively monitoring Forums for inappropriate content. If Spell chooses, at its sole discretion, to monitor the Forums Spell nonetheless assumes no responsibility for the content on the Forum, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any content. In submitting Content to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended.

Content that is posted on a Forum may be used by Spell and copied, sublicensed, adapted, transmitted, distributed, publicly performed and published, displayed, or deleted as Spell sees fit.

6. TRADEMARKS AND LEGAL NOTICES

Spell trademarks, logos, images, service marks, trade names, and other distinctive branding features used on Spell or in Spell Methods (collectively, the “Spell Marks”) are the trademarks of Spell and may not be used without permission. Spell is not granting you a license under any intellectual property right to the Spell Marks. Other trademarks, logos, and trade names that may appear on Spell or in Spell Methods are the property of their respective owners. You may not remove any Spell Mark.

7. OWNERSHIP RIGHTS

Spell and Spell’s Methods are protected by United States copyright and trademark law, international conventions, and other applicable laws. All text, graphics, photographs, audio and/or video material or stills from audiovisual material, or any other materials, including downloadable material, contained in Spell Methods (collectively, the “Materials”) are the copyrighted property of Spell or its subsidiaries or affiliated companies and/or third-party licensors and are offered to you by Spell for limited use solely pursuant to these Terms. All trademarks, service marks, and trade names are proprietary to Spell or its affiliates and/or third-party licensors. Nothing contained in these Terms shall be construed as conferring any license or right to use any trademark, design right, or copyright of Spell, or any other third party.

As between you and Spell, Spell owns all right (including all intellectual property rights) to, title to, and interest in Spell’s Methods. You shall not acquire any right, title, or interest therein, except for the limited rights expressly set forth in these Terms. Any rights not expressly granted herein are reserved to Spell. You agree to abide by all copyright notices, information, or restrictions contained in any part of Spell or Spell’s Methods.

8. THIRD PARTY CONTENT AND HYPERLINKS TO THIRD PARTY SITES

Content from other users, including information about third-party products and services and any third-party applications (“Third-Party Content”), is made available to you through Spell. The inclusion of Third-Party Content on Spell does not imply our affiliation or endorsement of such Third-Party Content. Because we do not control Third-Party Content, we are not responsible for any such Third-Party Content, including the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Third-Party Content. Any such Third-Party Content is the sole responsibility of the person from which such Third-Party Content originated, and Spell has no obligation to monitor such Third-Party Content. Notwithstanding the foregoing, Spell or its designees reserve the right, but shall have no obligation, to prescreen; filter; remove; or refuse to accept, post, display, or transmit any Third-Party Content in whole or part with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third-Party Content is appropriate or acceptable to you, and you use Spell at your own risk.

Additionally, Spell or third parties may provide hyperlinks on Spell or any other form of link or redirection of your connection to other sites (“Third-Party Sites”). These Third-Party Sites are in no way integrated into Spell, and the inclusion of any link on Spell does not imply Spell’s affiliation or endorsement of such Third-Party Sites, their business practices (including their privacy policies), or any information therein. Spell expressly disclaims responsibility for the accuracy, quality, legality, nature, availability, or reliability of Third-Party Sites linked to, by, or through Spell. ACCESS AND USE OF THIRD-PARTY SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD-PARTY SITES OR AVAILABLE THROUGH THIRD-PARTY SITES, IS SOLELY AT YOUR OWN RISK.

9. ACCEPTABLE USE AND CONDUCT – BE KIND RULES

You represent and warrant to Spell that (a) you will comply with all applicable local, state, national, and international laws, rules, and regulations in connection with your use of Spell’s methods; (b) you have the right to grant to Spell the rights granted herein, and you own or have all necessary rights to, title to, and interest in your Content; (c) your Content does not and will not (i) infringe, violate, or misappropriate any third-party rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary rights, or (ii) slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any person; and (d) your Content does not contain any viruses, Trojan horses, or other computer-programming routines that may potentially damage, harm, or otherwise interfere with Spell or access to Spell’s Methods. You are solely responsible for your conduct and your Content on Spell. We want to keep Spell safe, and the use of Spell for unlawful or harmful activities is not allowed. You specifically agree that you will not post, email, or make available any content (including submission of any Messages to Forums or any of Your Content) to users or use Spell:

• in a manner that infringes, violates, or misappropriates Spell or any third party’s copyright, trademark, trade secret, or other intellectual or property rights, contractual rights, or rights of publicity or privacy;
• to reveal trade secrets or any information that you have agreed, expressly or by implication, to keep confidential;
• in a manner that contains software viruses, scripts, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
• to engage in illegal activities or any advertising, commercial, marketing, or promotional activities that are intended to solicit users (whether on or off Spell) to buy or sell services or to make donations or to link to, directly or indirectly, any sites that violate these Terms or any applicable laws, regulations;
• in a manner that is misleading, deceptive, fraudulent, or otherwise illegal or that promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
• in a manner that constitutes (or encourages conduct that would constitute) a criminal offense; gives rise to civil liability or otherwise violates any local, state, national, or international law; or may create liability for Spell or cause Spell to lose (in whole or in part) the services of our ISPs or other suppliers;
• in a manner that is libelous or defamatory or in a way that is otherwise threatening, abusive, violent, harassing, malicious, or harmful to any person or entity or invasive of another’s privacy or publicity rights;
• in a manner that is harmful to minors in any way;
• in a manner that is hateful or discriminatory based on curriculum choice, race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation, or age or is otherwise objectionable, as reasonably determined by Spell;
• to misrepresent your affiliation with any person or entity or to obtain access to Spell without authorization;
• to interfere or attempt to interfere with the proper working of Spell or prevent others from using Spell or accessing Spell’s Methods or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to Spell or that otherwise negatively affects other persons’ ability to use or access Spell’s Methods;
• to obtain or attempt to obtain any Materials or information through any means not intentionally made available through Spell;
• to use any manual or automated means, including agents, robots, scripts, spiders, or web-scraping tools, to monitor or copy Spell’s Methods;
• to use high-volume automated website crawlers to cause excessive server load or denial of service;
• to facilitate the unlawful distribution of copyrighted content;
• in a manner that includes personal or identifying information about another person without that person’s explicit consent;
• in a manner that employs misleading email or IP addresses or forged headers or otherwise manipulated identifiers in order to disguise the origin of Spell’s Methods; and
• in a manner that constitutes or contains any form of advertising or solicitation if (1) posted in your Content; or (2) emailed to users who have requested not to be contacted about other services, products, or commercial interests.

You acknowledge that Spell may terminate your account and remove your account information, as well as disable your access to Spell Technologies, for violation of this section or these Terms and any other reason as Spell may deem reasonably necessary.

10.COPYRIGHT INFRINGEMENT/DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (“DMCA”) Notification of Infringement. It is our policy to respect the intellectual property of others and to respond to clear notices of alleged copyright infringement that comply with the DMCA. In addition, we will promptly terminate without notice the accounts of those determined by us to be “repeat infringers.” If you are a copyright owner or an agent thereof and you believe that any Spell Resource infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing our Designated Copyright Agent (as listed below) with the information specified by the DMCA. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

You may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommend seeking the advice of an attorney.

Designated Copyright Agent. Our Designated Copyright Agent to receive notifications and counternotifications of claimed infringement can be reached as follows:

TKF LAW, LLC

Re: DMCA Complaints for Becky’s Bouquet, LLC
2855 Hayes Street

Suite 100

Newberg, OR 97132

For clarity, only DMCA notices should go to our Designated Copyright Agent. Any other feedback, comments, requests for technical support, or other communications should be directed to our customer service department. You acknowledge that if you fail to comply with all the requirements of this section, your DMCA notice may not be valid.

11. YOUR ACCOUNT

We may ask you to register and create an account in order to access, interact with, or otherwise use certain Spell Methods. You are responsible for keeping your account information secure. You agree to provide Spell with current, complete, and accurate information for the duration of your Spell account. Spell accounts are nontransferable. You will be solely responsible and liable for any activity that occurs within your Spell account. Spell reserves the right to log off or deactivate accounts for extended inactivity, any violation of these Terms, or any other reason at any time at the sole discretion of Spell. You may deactivate your Spell account and end your use of Spell at any time by sending an email to admin@swrforum.com requesting deactivation of your account.

12. DISCLAIMER OF WARRANTIES

YOUR USE OF SPELL (INCLUDING THIRD-PARTY CONTENT) ARE AT YOUR SOLE RESPONSIBILITY AND RISK. SPELL AND ALL SPELL METHODS (INCLUDING THIRD-PARTY CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPELL AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS, AND AGENTS EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, SYSTEM INTEGRATION, QUIET ENJOYMENT, TITLE, AND NONINFRINGEMENT. SPELL AND ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS, AND AGENTS DISCLAIM ANY WARRANTY THAT SPELL  OR SPELL’S METHODS (INCLUDING THIRD-PARTY CONTENT) WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT SPELL’S METHODS ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ARE OR WILL BE FREE FROM SECURITY BREACHES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF SPELL IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

13. INDEMNITY

You agree to indemnify, defend, protect, and hold harmless Spell, and its successors, subsidiaries, affiliates, co-branders, contractors, employees, all third-party advertisers, technology providers, service providers, or other partners, and each of their respective officers, directors, agents, shareholders, employees, and representatives, from and against any third-party claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) arising out of or relating to your use or misuse of, or connection to, Spell; your breach or alleged breach of these Terms; your violation of any rights (including intellectual property rights) of a third party; and your use or misuse of any user data, including use in violation of the privacy policy. Spell reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Spell. Spell will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

14. YOUR INTERACTIONS WITH OTHER USERS

Your interactions with other users and third parties, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and the other user or third party. As with any Web-based interaction, we suggest that you use caution and good judgment. If there is a dispute between you and any user or third party, Spell is under no obligation to become involved.

You release Spell, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature arising out of or related to any disputes with other users and other third parties. If you are a California resident, you waive California Civil Code Section 1542, which says, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor.” And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

15. LIMITATION OF LIABILITY

UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SPELL OR ITS SUCCESSORS, AFFILIATES, CONTRACTORS, EMPLOYEES, SUPPLIERS, LICENSORS, PARTNERS, OR AGENTS BE LIABLE TO YOU FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR COST OF COVER OR FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SPELL OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF OR THE INABILITY TO USE THE MATERIALS, THROUGH SPELL OR ANY OTHER INTERACTIONS WITH SPELL OR (B) ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF OR THE INABILITY TO USE SPELL (IN THE AGGREGATE FOR ALL POTENTIAL CLAIMS BY YOU) IN EXCESS OF ONE HUNDRED DOLLARS.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY THIRD-PARTY SITES OR OTHERWISE PROVIDED BY ANY THIRD PARTIES OTHER THAN SPELL AND RECEIVED BY YOU THROUGH SPELL OR RECEIVED BY YOU ON ANY THIRD-PARTY SITES.

16. CHANGES TO TECHNOLOGIES

Spell reserves the right at any time (and from time to time) to modify, suspend, or discontinue providing any of Spell’s methods or technology or any part thereof, including adding new features to Spell, with or without notice. Spell will not be liable to you or to any third party for any modification, suspension, or discontinuance of any portion of Spell.

17.  AMENDMENTS

We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time by posting a revised version on Spell. Please check the Terms periodically for changes. Your continued use of Spell after the posting of changes will mean you agree to abide by those changes, so prior to each visit, please check the current Terms to determine the current Terms to which you are bound. Please note that additional and/or different terms of use may apply to services provided through one or more business associates of Spell, and you should refer to those before using such services.

18. TERM AND TERMINATION

Term. These Terms shall remain in full force and effect unless and until your account is terminated as provided herein.

Termination. Spell has the right to delete, disable, or deactivate your account (or any part thereof); block your email or IP address or otherwise terminate your access to or use of Spell; and remove and discard all or any part of your account or any Submissions, with or without notice, and with no liability of any kind to you or any third party.

Effects of Terminating. Upon deleting or terminating your account, these Terms terminate and you will no longer have a right to access your account or any Spell Methods.  No pro-rations or refunds of charges will be allowed.

Survival. This Agreement in its entirety will survive termination of these Terms for any reason.

19. INJUNCTIVE RELIEF, GOVERNING LAW, VENUE

You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms would cause irreparable injury, that money damages would be an inadequate remedy, and that Spell shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach. Nothing in this section shall be construed as preventing Spell from pursuing any and all remedies available to it, including the recovery of money damages from you.

These Terms shall be governed by and construed in accordance with Oregon governing law and applicable provisions of U.S. federal law without regard to conflict of law principles. The provisions of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, however designated, are excluded and shall not apply to these Terms or any transactions hereunder.

You agree to submit to the personal and exclusive jurisdiction of the Yamhill County, Oregon Courts for the purpose of litigating all such claims or disputes.

20. GENERAL

The failure of Spell to exercise or enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

You may not delegate or transfer your duties and obligations under these Terms or assign these Terms or your Spell account, in whole or in part, to anyone. Spell may assign any of its rights and obligations under these Terms without notice or consent, including in connection with any merger (including by operation of law), consolidation, reorganization, or sale of all or substantially all of its related assets or similar transaction.

These Terms, which incorporate the Spell Privacy Policy and the Guidelines, constitute the entire agreement between you and Spell and govern your use of Spell, superseding any prior agreements (whether written or oral) between you and Spell regarding the subject matter hereof. Neither party is relying upon any warranties, representations, assurances, or inducements not expressly set forth in these Terms.

The terms including and includes shall be deemed to be followed by the statement “without limitation,” and neither of these terms shall be construed to limit any word or statement it follows to the specific or similar terms or matters immediately following it.

Spell may provide you with notices, including those regarding changes to these Terms or any of Spell’s terms and conditions, by email, regular mail, or postings on Spell. Notices pertaining to any amendments to these Terms are deemed given immediately upon the posting.

21. CONTACTING US

You may contact Spell as follows:

Becky’s Bouquet, LLC dba Spell to Write and Read Forum and Resource Center aka Spell to Write and Read

Email: admin@swrforum.com 

We welcome your feedback and thank you for using Spell to Write and Read!