Terms of Service

The following terms and conditions govern all use of The Written Gift website and all content,
services, and products available at or through the website. Our Services are offered subject to
your acceptance without modification of all of the terms and conditions contained herein and all
other operating rules, policies (including, without limitation, our Privacy Policy) and procedures
that may be published from time to time by The Written Gift (collectively, the “Agreement”). You
agree that we may automatically upgrade our Services, and these terms will apply to any
upgrades.

Please read this Agreement carefully before accessing or using our Services. By accessing or
using any part of our services, you agree to become bound by the terms and conditions of this
agreement. If you do not agree to all the terms and conditions of this agreement, then you may
not access or use any of our services. If these terms and conditions are considered an offer by
The Written Gift, acceptance is expressly limited to these terms.

Our Services are not directed to children younger than 13, and access and use of our Services
is only offered to users 13 years of age or older. If you are under 13 years old, please do not
register to use our Services. Any person who registers as a user or provides their personal
information to our Services represents that they are 13 years of age or older.

Responsibility of Visitors

The Written Gift has not reviewed, and cannot review, all of the material, including computer
software, posted to our Services, and cannot therefore be responsible for that material’s
content, use or effects. By operating our Services, The Written Gift does not represent or imply
that it endorses the material there posted, or that it believes such material to be accurate,
useful, or non-harmful. You are responsible for taking precautions as necessary to protect
yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. Our Services may contain content that is offensive, indecent, or otherwise
objectionable, as well as content containing technical inaccuracies, typographical mistakes, and
other errors. Our Services may also contain material that violates the privacy or publicity rights,
or infringes the intellectual property and other proprietary rights, of third parties, or the
downloading, copying or use of which is subject to additional terms and conditions, stated or
unstated. The Written Gift disclaims any responsibility for any harm resulting from the use by
visitors of our Services, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites

We have not reviewed, and cannot review, all of the material, including computer software,
made available through the websites and webpages to which thewrittengift.com links, and that
link to thewrittengift.com . The Written Gift does not have any control over those other websites,
and is not responsible for their contents or their use. By linking to a other websites, The Written
Gift does not represent or imply that it endorses such website. You are responsible for taking
precautions as necessary to protect yourself and your computer systems from viruses, worms,
Trojan horses, and other harmful or destructive content. The Written Gift disclaims any
responsibility for any harm resulting from your use of non-WordPress.com websites and
webpages.

Copyright Infringement and DMCA Policy

As The Written Gift asks others to respect its intellectual property rights, it respects the
intellectual property rights of others. If you believe that material located on or linked to by
thewrittengift.com violates your copyright, you are encouraged to notify The Written Gift in
accordance with Digital Millennium Copyright Act. The Written Gift will respond to all such
notices, including as required or appropriate by removing the infringing material or disabling all
links to the infringing material. The Written Gift will terminate a visitor’s access to and use of the
Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of
the copyrights or other intellectual property rights of The Written Gift or others. In the case of
such termination, The Written Gift will have no obligation to provide a refund of any amounts
previously paid to The Written Gift.

Intellectual Property

This Agreement does not transfer from The Written Gift to you any The Written Gift or third party
intellectual property, and all right, title, and interest in and to such property will remain (as
between the parties) solely with The Written Gift. Your use of our Services grants you no right or
license to reproduce or otherwise use any The Written Gift or third-party trademarks.

Changes

We are constantly updating our Services, and that means sometimes we have to change the
legal terms under which our Services are offered. If we make changes that are material, we will
let you know by posting on one of our blogs, or by sending you an email or other communication
before the changes take effect. The notice will designate a reasonable period of time after which
the new terms will take effect. If you disagree with our changes, then you should stop using our
Services within the designated notice period. Your continued use of our Services will be subject
to the new terms. However, any dispute that arose before the changes shall be governed by the
Terms (including the binding individual arbitration clause) that were in place when the dispute
arose.

Termination

The Written Gift may terminate your access to all or any part of our Services at any time, with or
without cause, with or without notice, effective immediately. If you wish to terminate this
Agreement or your thewrittengift.com account (if you have one), you may simply discontinue
using our Services. All provisions of this Agreement which by their nature should survive
termination shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties

Our Services are provided “as is.” The Written Gift and its suppliers and licensors hereby
disclaim all warranties of any kind, express or implied, including, without limitation, the
warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The
Written Gift nor its suppliers and licensors, makes any warranty that our Services will be error
free or that access thereto will be continuous or uninterrupted. You understand that you
download from, or otherwise obtain content or services through, our Services at your own
discretion and risk.

Limitation of Liability

In no event will The Written Gift, or its suppliers or licensors, be liable with respect to any
subject matter of this Agreement under any contract, negligence, strict liability or other legal or
equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of
procurement for substitute products or services; (iii) for interruption of use or loss or corruption
of data; or (iv) for any amounts that exceed the fees paid by you to The Written Gift under this
agreement during the twelve (12) month period prior to the cause of action. The Written Gift
shall have no liability for any failure or delay due to matters beyond their reasonable control.
The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty

You represent and warrant that (i) your use of our Services will be in strict accordance with The
Written Gift Privacy Policy, with this Agreement, and with all applicable laws and regulations
(including without limitation any local laws or regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content, and including all
applicable laws regarding the transmission of technical data exported from the United States or
the country in which you reside) and (ii) your use of our Services will not infringe or
misappropriate the intellectual property rights of any third party.

US Economic Sanctions

You expressly represent and warrant that your use of our Services and or associated services
and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and The
Written Gift reserve the right to terminate accounts or access of those in the event of a breach
of this condition.

Indemnification

You agree to indemnify and hold harmless The Written Gift, its contractors, and its licensors,
and their respective directors, officers, employees, and agents from and against any and all
claims and expenses, including attorneys’ fees, arising out of your use of our Services, including
but not limited to your violation of this Agreement.

Translation

These Terms of Service were originally written in English (US). We may translate these terms
into other languages. In the event of a conflict between a translated version of these Terms of
Service and the English version, the English version will control.

Miscellaneous

This Agreement constitutes the entire agreement between The Written Gift and you concerning
the subject matter hereof, and they may only be modified by a written amendment signed by an
authorized executive of The Written Gift, or by the posting by The Written Gift of a revised
version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any
access to or use of our Services will be governed by the laws of the state of California, U.S.A.,
excluding its conflict of law provisions, and the proper venue for any disputes arising out of or
relating to any of the same will be the state and federal courts located in San Francisco County,
California. Except for claims for injunctive or equitable relief or claims regarding intellectual
property rights (which may be brought in any competent court without the posting of a bond),
any dispute arising under this Agreement shall be finally settled in accordance with the
Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”)
by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in
San Francisco, California, in the English language and the arbitral decision may be enforced in
any court. The prevailing party in any action or proceeding to enforce this Agreement shall be
entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining
portions will remain in full force and effect. A waiver by either party of any term or condition of
this Agreement or any breach thereof, in any one instance, will not waive such term or condition
or any subsequent breach thereof. You may assign your rights under this Agreement to any
party that consents to, and agrees to be bound by, its terms and conditions;The Written Gift may
assign its rights under this Agreement without condition. This Agreement will be binding upon
and will inure to the benefit of the parties, their successors and permitted assigns.