Terms of Service

DATE OF LAST REVISION: 04/10/2023

Touchpoint Compass Media, LLC doing business as Ambitious Writer Society (“Touchpoint”, “we”, “us”, or “our”) provides its services (as described below ) to you, the user, (“you”, “your”, or “user”) through our websites, www.ambitiouswritersociety.com and www.learn.ambtiouswritertraining.com, mobile applications, and other official websites that related to the services (all websites and related material collectively referred to as the “Site” or “Website”), subject to the following Terms of Service (the “Terms” or “Agreement”). 

These Terms govern your use of the Site and the material herein, including, without limitation, your participation in the Ambitious Writer Society,  blogs, paid courses, free courses, and all other material and services offered on the Site (collectively referred to as the “Services”).  If you do not agree with these Terms, then you are not authorized to or access the Site or use the Services.

It is important that you read the content of these Terms of Service carefully, as your use of the Site shall signify that you have read, understand, and agree to be bound by this Agreement and the Privacy Policy (defined below) in their entirety. We may amend this Agreement at any time and may notify you if we do so. Please be advised that there are ARBITRATION AND CLASS ACTION PROVISIONS contained in this Agreement.

1. Access and Use of the Services

a. Use. The Site, and any content viewed through our Site, including the Services, is solely for your personal and non-commercial use. By using the Site, and as part of the Services, you will have access to free content that will not require payment to view but may require the creation of a profile or account on the Site (“Free Content”). There may also be content that is available for purchase on the Site which will give access to exclusive content (“Premium Content”, and collectively with Free Content to be referred to as the Content”). The Content is part of the Services, but you acknowledge that you are not entitled to use any of the Premium Content without first purchasing such Content and complying with these Terms.

b. Premium Content & License. With your purchase of any Premium Content, we grant you a limited, nonexclusive, nontransferable, fully revocable, and limited license to access and make personal use of the paid-for Premium Content on a streaming-only basis for that purpose, provided such use is in compliance with these Terms (“License”). Except for the foregoing limited license, no right, title, or interest to any of the Content of the Site shall be transferred to you. 

c. Account Registration. You may be required to create and register an account with us to make use of certain features of the Site, including the Services. If you choose to register an Account with us, then you agree to provide true, accurate, current, legal, and complete information about yourself as prompted by our forms (“Personal Information”). Your Personal Information and certain other information you may provide, and our collection and use of such information, is governed by our Privacy Policy. If you are under 13 years of age then you may not create an account or use the Services, including, but not limited to, access to the Content. If you are over 13 years of age but under 18 years of age, then you may create an account and make use of the Services with the approval of your parent or guardian.

d. Limitations. Your rights to use the Services, including, but not limited to, access to Premium Content through the use of granted Licenses, will not include any rights of resale or other commercial use of the Site or its contents, any collection and use of the Services; any derivative use of the Site or its contents; any downloading or copying of account information for the benefit of another individual or entity; or any access to the contents and Content of the Site for public performances. You agree not to use the Services, including access to the Content for public performances. Your rights to the Site, Services, or any portion thereof may not be reproduced, duplicated, sold, resold, visited, or otherwise exploited for any commercial purposes without the prior express written consent of Touchpoint. 

e. Revocation and Termination of Access. Touchpoint reserves the right to revoke your Licenses and/or otherwise deny your access to our Site at any time and for any reason. Upon such revocation or denial, you must promptly destroy any communications, documents, or other data that may contain any of the Content acquired from the Services and all copies of such materials.

f. Modifications to the Services. We reserve the right to modify or discontinue any of the Services, including Premium Content or Free Content, with or without notice. Such modifications or discontinuations may be permanent or temporary as we may choose at our sole discretion. We may also modify Premium Content to become Free Content or modify Free Content to become Premium Content. You agree that we are and will not be liable to you or any third party for any modifications, suspension, discontinuance, or other changes to the Services. 


2. Representations and Warranties

a. Each time you use the Site and make use of our Services you hereby represent and warrant to Touchpoint as follows:

    1. You have the capacity to enter into this Agreement as you are a natural person over the age of 18 years old with sound mind and full legal capacity to enter into this Agreement;

    2. Your use of our Site complies with the applicable laws and regulations of the legal jurisdiction in which you reside or are organized;

    3. Your use of our Site does not violate your obligations to any third party; and

    4. You have the requisite capacity to use our Site and perform your corresponding obligations under this Agreement.

    5. You will comply with all applicable laws, rules, and regulations, including those that may require adding an appropriate disclosure through a hash tag or the like in commercial endorsements. 

    6. You will comply with all other laws in connection with commercial endorsements including the Federal Trade Commission’s “Guide Concerning the Use of Endorsements and Testimonials in Advertising”, the Security Exchange Commission’s regulations around promoting securities, and other financial instruments, and any similar requirements that may be applicable. 

    7. Your use of the Site and Services is solely only for your own benefit and that you are not using the Site and the Services on behalf of others or for the benefit of any third parties. 

    8. Your use of the Site and the Services will not negatively affect Touchpoint’s reputation or cause Touchpoint to assume legal responsibility or other penalties, fines, and sanctions. 


3. Access and Use of the Service 

a. The collection and use of your information is governed by our Privacy Policy, which is fully integrated into this Agreement by reference. Any and all mentions to the Agreement, or the Terms include the Privacy Policy. Therefore, any agreement to these Terms must include your agreement to the Privacy Policy as part of those terms. If you do not agree to the Privacy Policy, then you are not allowed to use this Site or related Services. 

b. When registering your account, opening the account, and throughout your use of our Services and Site, Touchpoint may ask for your name, address, username, password, email address, financial information, annual income, writing  experience, and other personally identifiable information (collectively “Account Information”) and may ask for copies of your identifying documentation. 

c. When creating an Ambitious Writer Society account on our Site, you agree to provide true, accurate, current, legal, and complete information and registration data. You agree not to create an Ambitious Writer Society account using false information such as a false identity. You acknowledge and agree that you may not create another account if you have previously been removed or banned from the Site.

You acknowledge and agree that you will provide timely notification to Touchpoint of any changes in Account Information previously provided including, without limitation, your name, address, email address, telephone number, and financial information. 

d. Failure to provide legal, true, accurate, and complete Account Information will result in termination from our Services and Site. In that event, you will bear all losses, responsibilities, and consequences associated with the false information, false account, and/or account termination. 

e. You agree that we are not responsible for any activities that occur on or in connection with your Site account and participation in the Services. 

f. You agree to notify us immediately of any activity on the account by anyone other than yourself as such activity is unauthorized by this Agreement. If you believe someone is using your account without permission, contact us directly at info@ambitiouswritersociety.com. 

g. Touchpoint reserves the right to impose certain restrictions on your account and/or suspend or terminate your use of the Site and the Services at any time, in accordance with our internal policies. 

h. You agree that you may only apply for one Touchpoint account and any subsequent application would be grounds for dismissal or removal from the Site and/or prohibit your use of the Services. If you would like to register for more than a single Touchpoint account, please contact us at info@ambitiouswritersociety.com. 

i. To access some of our Services, you will be required to enter your username and password (collectively “Login Information”) that will personally identify you and allow you to access our Services. All Login Information and account Information should be secure and must be kept confidential at all times. It is your responsibility to protect Account and Login Information. Touchpoint is not responsible for any consequences and losses caused by your or any third party’s improper use of your Login Information or Account Information. 

    1. If you fail to keep your Login Information or Account Information confidential which results in your Touchpoint account being used by others, you acknowledge and agree that your license to use the Site and the Services shall be revoked, you will still be liable for any amounts owed to Touchpoint, you will be liable for any loss suffered by Touchpoint, including without limitation, an additional payment, and you will be liable for any loss suffered by other users of Touchpoint or relevant third parties. You will also be liable for any of your own losses arising from your failure to protect your Login and Account Information properly and effectively. 


j. You acknowledge and agree that the Services have multiple levels of participation and your payment for such participation is indicative of the level of the Services which you decided upon prior to registering for such Services with Touchpoint. Under any circumstances, you will not be entitled to any greater level of Services than the one you previously agreed to with Touchpoint. 


4. Purchases

a. We reserve the right to offer our courses (the “Courses”) and other content and service options at various rates as determined in our sole discretion. Certain content and service options are provided free-of-charge, while other options including, without limitation, the Courses require payment before they can be accessed (“Paid Content”). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services. We are not responsible for the products and services provided by such third parties. 

b. On occasion, we or others on our behalf may offer trials of Paid Content for a specified time or period without payment or at a reduced rate (a “Trial”). By using Touchpoint Services via a Trial, you agree to these terms. 

c. You may purchase Paid Content directly from us or through a third party either by paying a fee plus applicable taxes in advance prior to your use of the site. We may from time to time make changes to Paid Content, including the fee or content derived therein, and we will communicate any price change on the Site.

d. You agree to abide by this Agreement and not to use the Touchpoint Service, Paid Content, or any part thereof in any manner not expressly permitted by these Terms. 

e. You agree and acknowledge that any purchases or payments made to Touchpoint by you, or your account, are valid and binding on you.  

f. To request a refund, you must comply with the terms of our Refund Policy. Refunds will only be issued at the discretion of Ambitious Writer Society. 

5. Risk Assumption

a. You understand that all investments involve risk, that your profits may not equal the principal invested, and that the past performance of the Services, industry, sector, market, or financial investment does not guarantee future results or returns. 

b. You acknowledge there are inherent risks in the use of any writing training program, including, without limitation, expenses exceeding overall revenue. There is always the potential of losing money when individuals participate in investment and training activities. You further understand that there are risks associated with utilizing an internet-based system including, without limitation, the failure of hardware, software, and internet connections as well as the risk of malicious software introductions. You are responsible for all risks associated with using our Site and Services. 

c. You understand that using our Site and Services may redirect you to third party sites. You acknowledge and agree that Touchpoint will not be liable for any losses, expenses, costs, or other liabilities related to your use of such third-party sites. 

    1. Touchpoint will not be liable for any loss arising out of or in connection with your use of (or inability to use) our Services and Site; not will Touchpoint be liable for your use of or reliance upon any content on our Site. Touchpoint does not endorse any opinion, provide any advice to be relied upon, or provide other information expressed by others of our Site or Services, and you acknowledge that any reliance on material provided by Touchpoint or any third party will be at your own risk. Nothing within our Site or Services should be construed as financial, investment, or tax advice. You should always obtain specialist advice or do your own research before taking, or not taking, any action or inaction based on the content of our Site. 

d. You acknowledge and understand that the profits received subsequent to the Services depend solely on You. Touchpoint in no way makes any assertion that you will make a profit from the use of the Site and Services. If any authority determines that such an assertion was made, you hereby disclaim Touchpoint of any liability related to such a claim. In any event, Touchpoint makes no claim that using the Site and Services will result in you generating a profit or other revenue. 

e. You acknowledge and understand that you will bear all risks, financial or otherwise, related to identity theft or any other loss as it relates to your Login Information or Account Information, use of our Services, and visiting our Site.

f. You understand and agree that Touchpoint reserves the right to post, modify, and/or provide information related to our Services through Site or other communication channels including, without limitation, website, emails, advertisements, customer service calls, and text messages. Touchpoint will not be responsible for any information that you provide through our Site being intercepted or otherwise received by any unintended party and, therefore, you assume all risk related to submitting information on the Site. You can find more information related to the use of your information in our Privacy Policy.  

g. You also acknowledge and agree that professional writing is an ever-changing industry that is subject to many different types of business risk, including without limitation: 

    1. a changing legal environment in which regulations can emerge or change that affects the marketability of products; 

    2. macroeconomic changes that affect consumer spending, the emergence of recessions and the like; 

    3. changes in the popular appeal of and demand for different types of products; 

    4. changes in a program’s policies, to which Touchpoint and you are bound alike, which may affect the marketability of the links on your Site;

    5. changes in international politics or economics, which may affect, among other things, the ability market products through links; 

    6. market forces, including increased and/or changing levels of competition for any given product from other sellers of such product; and/or 

    7. unforeseen events, force majeure, and other external events that could affect the performance of any Site.


6. Services

a. Touchpoint is a training service that helps users develop certain skills, qualifications, and experience to assist with working in the writing industry. There is no guarantee of subsequent job placement, contractor work, or other financial compensation by participating in the Services.

b. If you agree to engage Touchpoint for its Services through any Agreement, written or otherwise, Touchpoint will act as an authorized user on your website for the purpose of advising you and managing and facilitating transactions on your website. Touchpoint will create listings for your website and will oversee certain customer services such as e-mail exchanges with your customers and assisting with coordinating your customer’s returns, sales, and shipment. Touchpoint will denote such amount of time as Touchpoint deems necessary, in its sole discretion, to provide the Services hereunder. 

c. You agree that Touchpoint may use third party applications and will not be held liable for any faults, loopholes, hack, spam, or any other problem arising from any errors in any application. You also agree that the problems arising from third party applications are not the fault of Touchpoint.

d. You agree that the Services provided to you are determined by (1) whether you pay for Ambitious Writer Society Services and (2) the level of the Services in which you select when becoming a customer of Touchpoint. Such participation in the Services will not be based on anything other than the factors listed above.  


7. Restrictions and Obligations

a. You shall not use our Site or Services to engage in any activities that violate applicable laws and regulations in the jurisdiction in which you or any relevant party may live. 

b. You acknowledge and agree that you will not use the Touchpoint Site or Services to:

    1. Participate in any criminal enterprise; 

    2. Fabricate or distort facts, spread rumors, or otherwise disrupt social order;

    3. Promote or produce obscene, violent, and/or terrorist content or the like;

    4. Violate or infringe upon the legal or other rights and interests of third parties; and

    5. Participate in any and all other activities that violate applicable laws and regulations in the jurisdiction in which you or any other relevant party may reside. 


c. You agree that you shall fully assume the relevant tax obligations arising from the use of Touchpoint’s Site and Services.

d. You agree to not engage or otherwise participate in any activities that are intended to or have any possibility of affecting the security of Touchpoint, our users, our Site, and our Services.

e. You shall neither engage in any activities in the name of Touchpoint nor use the information or other data found on Touchpoint’s Site without the prior express, written consent of Touchpoint. You shall not, under any circumstances, sell, license, transfer, or modify the Touchpoint Site or Services. 

f. If you violate any provisions of this Section 7, Touchpoint shall have the right to immediately suspend or terminate the Services provided to you and take any other action as provided for in the following Section 8. 


8. Liability for Breaching This Agreement

a. For any violation of this Agreement by you, Touchpoint has the right to immediately suspend or terminate your access to our Site and Services and take all necessary legal measures within the scope permitted by applicable laws and regulations, including, without limitation, to requiring you to be enjoined from such activities or to compensate Touchpoint or any third party for related losses from a breach of this Agreement.

b. In the event that Touchpoint suspects that your use of the Touchpoint Site and Services is done in an illegal, fraudulent, or otherwise improper manner, Touchpoint shall have the right to suspend, and subsequently terminate, the provision of the Services to you until you can provide proof of compliance with this Agreement to our satisfaction by contacting us at info@ambitiouswritersociety.com 

c. We reserve the right to terminate any person’s access to our Site and Services for any reason, in our sole discretion, at any time. If you violate any provision of this Agreement, your permission to use our Site automatically terminates, whether or not Touchpoint takes any affirmative action to terminate your license. 

 

9. Disclaimers and Limitations on Liability

a. TOUCHPOINT DISCLAIMS ANY ALL LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH LOSSES WERE DISCLOSED TO TOUCHPOINT) WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY INFORMATION, DATA, OR SERVICES PURCHASED; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 

b. In no event is Touchpoint or any of its representatives liable under any legal theory for consequential, indirect, incidental, special, exemplary, punitive, direct, or enhanced damages, lost profits or revenues, or diminution of value, arising out of or related to this Agreement, regardless of whether the damages were foreseeable, whether you or your customers were advised of the possibility of the damages. Additionally, in no event shall Touchpoint’s aggregate liability arising out of or related to this Agreement (regardless of the form of action giving rise to such liability, whether in contract, tort, or otherwise) exceed the lesser of either the amounts paid to Touchpoint from you in the previous two (2) months of your use of the Site and Services or one hundred United States Dollars ($100). 

c. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain forms of damages. Accordingly, you acknowledge and agree that the limitations detailed previously shall apply to you to the greatest extent permitted by the law. 

d. This Site and our Services are provided by Touchpoint on an “as is” and “as available” basis. 

e. Touchpoint makes no representations or warranties of any kind, express, or implied as to the operation of the Services and Site or the information, content, materials, or products included on the Site. You expressly agree that your use of the Site and Services is at your sole risk. 

f. The foregoing limitations will apply notwithstanding any failure of the essential purpose of any limited remedy. This Section 10 shall survive your relationship with Touchpoint or use of the Site and/or Services.

g. You acknowledge that the limitations of liability set forth in this Section 10 are a fundamental part of the basis of Touchpoint offering this Site and/or the Services and Touchpoint would not offer the Site and/or Services without such limitations.


10. Third Party Links

Our Site may contain links to third party websites. You acknowledge and agree that (i) the link does not indicate endorsement or affiliation with the third-party website in any way, shape, or form; and (ii) Touchpoint is not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the third party. 


11. Indemnification

You agree to indemnify, defend, and hold harmless Touchpoint and its affiliated entities or affiliates, individuals, officers, employees, directors, shareholders, agents, partners, vendors, and licensors from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, attorney’s fees and costs) of any kind or nature arising from, out of, in connection with, or relating to this Agreement or your use of our Site and/or Services. Touchpoint may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with use in connection with any claim.


12. Copyright and Intellectual Property Policy

a. Intellectual property rights of any content displayed on the Site, including but not limited to trainings, Free Content, Paid Content, videos, marketing copy, e-mail marketing and other materials unless otherwise specified, are entirely owned by  Touchpoint, its affiliates, or its content suppliers, and is protected by United States and international copyright laws. 

b. The compilation of all content on this site is the exclusive property of Touchpoint, its affiliates, or its content suppliers, and is protected by United States and international copyright laws.

c. All software used on this site is the property of Touchpoint, its affiliates, or its software suppliers and is protected by United States and international intellectual property laws. 

d. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the copyrighted works displayed or contained in the Site without the express, written consent of Touchpoint. 

e. Digital Millennium Copyright Act Notice: Touchpoint respects the intellectual property rights of others, and we ask our users to do the same. In certain circumstances and in our discretion, we may terminate the rights of any user to use the Site if they infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights through our Site, please provide the following information to the email address specified below: 

    1. A description of the copyrighted work that you claim has been infringed upon; 

    2. A description of where the material that you claim is infringing is located on the Site; 

    3. Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 

    4. Your address, telephone number, and e-mail address; 

    5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and or the law; and 

    6. A statement by you, made under penalty of perjury that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf. 


f. You may send any notices of copyright infringement under the Digital Millennium Copyright Act to Touchpoint’s designated agent for notice of claims of copyright infringement on the Site at info@ambitiouswritersociety.com. 

g. THIS POLICY IS INTENDED TO COMPLY FULLY WITH THE REQUIREMENTS OF THE ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION ACT.


13. Dispute Resolution

a. This Section 13 governs how any and all disputes between you and Touchpoint and its affiliates must be resolved. This Section 13 is binding on you during and after your visit to our Site. This Section 13 remains in full force and effect until you provide notice to Touchpoint of your intention to opt-out of this Section 13. 

b. Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach, or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered in Chicago, Illinois, in accordance with the Federal Arbitration Act and the American Arbitration Association (“AAA”) rules then in effect (“Rules”) available at www.adr.org. The arbitration shall be conducted before a neutral single arbitrator from the AAA whose decision will be final and binding. The parties shall mutually appoint the arbitrator. In the event that the parties cannot agree on an arbitrator within thirty (30) days of the notice of arbitration, the AAA case manager may administratively appoint the arbitrator. The parties agree to split the arbitrator’s fees evenly unless a party claims to be unable to participate in arbitration as doing so would be cost prohibitive in comparison to litigation, as evidenced by the party’s verifiable written records. In the event the arbitrator finds arbitration to be cost prohibitive, the other party has the right to pay as much of the arbitration administrative costs as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In any event, each party shall bear its own arbitration costs and deposition, witness, expert, and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court. In any arbitration proceeding conducted pursuant to this Section XIII, the parties shall have the right to discovery, to call witnesses, and to cross-examine the other party’s witnesses. The arbitrator shall render a final decision in writing, setting forth the reasons for the arbitration award. Both parties are bound by this mutual agreement to arbitrate. This does not include Disputes which may not by law be arbitrated, and expressly does not prevent either party from seeking equitable, including injunctive, relief in a court of competent. THE PARTIES WAIVE THEIR RIGHT TO HAVE ANY SUCH DISPUTE, CLAIM, OR CONTROVERSY DECIDED BY A JUDGE OR JURY IN A COURT.

c. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN THEIR INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING. 

d. No waiver of any provision of this Section XIII will be effective or enforceable unless recorded in a writing signed by the party waiving such a right. Such a waiver will not waive or affect any other provision of this Agreement or Section XIII. If any provision of this Section XIII is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision, or if modification is not possible will be severed and the remainder of this Section XIII will continue in full force and effect. This Section XIII will survive the termination of this Agreement and/or the relationship of the parties.

e. Opt-Out Right. You have the right to opt out of this Section XIII by sending, within 30 days after first becoming subject to this Section XIII, written notice of your decision to opt out to info@ambitiouswritersociety.com. Your notice must include your name and address, any usernames, each email address used to set up Touchpoint account, and an unequivocal statement that you want to opt out of this Section XIII. The notification must include the subject line “ARBITRATION OPT-OUT - (FULL LEGAL NAME).” You agree that if you opt out of this Section XIII, all other parts of this Agreement will continue to apply to you. Opting out of this Section XIII has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with Touchpoint.

f. THIS SECTION XIII LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO BRING FORTH CERTAIN COURT ACTIONS, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED HEREIN OR IN ACCORDANCE WITH THE AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.

 

14. Miscellaneous

a. Governing Law. This Agreement shall be governed in all respects by the law of the State of Illinois. By visiting this Site, you agree that the laws of Illinois without regard to conflicts of law principles, will govern this Agreement, your use of our Services and Site, and any dispute of any sort that might arise between you and Touchpoint or our affiliates. 

b. No Waiver. The failure by Touchpoint to enforce any right or provision of this Agreement will not prevent Touchpoint from enforcing their rights or provisions of this Agreement in the future. Such waivers will not be deemed to modify this Agreement. 

c. International Compliance. This Site may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that Touchpoint intends to make such products or services available in any country. Regardless of whether a product or service is available in your country, this Agreement is still effective as it relates to you and your use of our Site. 

d. ADA Compliance. This Site is designed to be in compliance with Title III of the Americans with Disabilities Act (“ADA”). While we believe the Site is to be maintained in a fashion to comply with the ADA, the Site may be updated frequently. If you have any difficulty accessing the Site because of a disability, please contact us at info@ambitiouswritersociety.com. 

e. Force Majeure. Under no circumstances will Touchpoint or any of its affiliates, officers, directors, shareholders, or employees be liable for any delay or failure in performance due in whole or in part to any and all acts beyond its control including, without limitation, war (declared or undeclared), terrorist activities, acts of sabotage, blockade, fire, lightning, acts of God, national strikes, riots, insurrections, civil commotions, quarantine restrictions, epidemics, earthquakes, floods, hurricanes, explosions and regulatory and administrative actions or delays. 

f. Severability. If any provision in this Agreement is deemed invalid, void, or for any reason unenforceable, that specific condition will be deemed severed and will not affect the validity and enforceability of any remaining provisions of this Agreement. 

g. Assignment. Touchpoint may, at any time, assign its rights and obligations under this Agreement, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction or by operation of law. 

h. Changes to this Agreement. Touchpoint may change the Terms of this Agreement. If we do, we will post the revised Agreement on our Site and update the Effective Date at the top of the Agreement. The revised Agreement will be effective immediately if you accept them (for example, by continuing to use our Site after the revised Agreement has been posted).