What personal data does Shut Up & Write!® collect and store, and for what purposes?
Shut Up & Write! ® collects the following data:
1. Mandatory data – Shut Up & Write!® only collects the data you consensually provide to us.
2. Optional data – Shut Up & Write!® also allows you to enter your First Name, Last Name, and Email address as well as questions and comment, including User Contributions. This data may be used in communications and to derive product insights. This data is optional and not used in any automated processing or profiling.
Where can I find a list of Shut Up & Write!®’s sub processors?
Here is a non-exclusive list of our sub processors and what they are used for. This list is subject to change as our business evolves.
|Subprocessor Name||Nature of Processing||Entity Country:|
|The Rocket Science Group, LLC. d/b/a Mailchimp||Cloud Service Provider||United States|
|Formagrid, Inc. d/b/a Airtable||Cloud Service Provider||United States|
|Automattic, d/b/a WordPress||Cloud Service Provider||United States and Ireland|
While the data protection, privacy, and other laws of the United States might not be as comprehensive as those in your country, our sub processors many steps to protect your privacy. Mailchimp and Airtable servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. By comparison, Automattic servers are located in Ireland, the United States and South Africa. For example, both Automattic and Mailchimp represent that they participates in and has certified their compliance with the EU-U.S. Privacy Shield Framework, and in the case of Mailchimp, they list certification with the Swiss-U.S. Privacy Shield Framework. If you are in Australia, Mailchimp also represents that it and its subcontractors comply with the Australian Privacy Act. Airtable and Automattic data further represent their processing agreements include the EU Standard Contractual Clauses.
May I opt out of Shut Up & Write!® communications?
Yes. We retain basic user contact information to communicate with our customers and their users about product and security updates, relevant marketing, training and events. Shut Up & Write!® users may opt-out of communications here.
Where does Shut Up & Write!® host customer data?
Shut Up & Write!®’s data is hosted with Mailchimp in the United States. Shut Up & Write!®does not have a default host.
How can I edit my data?
You can edit your data at any time by contacting us at the address or email address below.
How long does Shut Up & Write!® retain customer data? Will Shut Up & Write!® delete customer data when requests?
Shut Up & Write!®maintains all customer data until we mark users as “non-active” or a customer deletes their own account. You can request we delete your data by contacting us at the address or email below. Please include your name and any other contact information you have provided us so that we can locate you in our system and delete your information.
How can I download my data?
Our customer support team will be happy to help you. You can reach them here or simply use the following information:
Shut Up & Write!
Attn: Privacy Compliance Officer
PO Box 318061
San Francisco, CA 94131
Social Media Policy
Social Media and message Board websites (“Social Media”) have exploded as a means of self-expression and sharing content. It’s easy to post content on Social Media. And fun. In fact, Shut Up & Write!® encourages its employees to be on Social Media. As you post on Social Media, it’s good to bear in mind these considerations:
If you’re going to be posting on Social Media for everyone to see, whether on your social media account or someone else’s account (including our Social Media accounts), please do exercise discretion. If you use our Shut Up & Write!® Social Media pages, please exercise common sense and be respectful of yourself and others.
Policy for Cookies and Related Technologies
Cookies are small strings of information (also called data files) that are placed on a visitor’s computer to monitor how users interact with websites and other online services, or in other words, “remember you” and your preferences. An example of this convenience is a website remembering your user name when you want to log in so you are not required to retype your user name every time you want to log into your account. Pixel tags (also called web beacons or single-pixel gifs) tag a graphic on a web page or in an email message that tracks pages viewed or email messages opened. Pixel tags are similar to cookies and are a type of tracking technology. Logs are continuous digital records of events and interactions that occur on a website. Cookies, pixel tags, and/or logs can be used to identify your IP address, browser type, domain name, and specific web pages through which you click and/or email messages you open.
There are different types of cookies, and they can be distinguished on the basis of their origin, function, and lifespan. Important characteristics of cookies include the following:
• First party cookies are cookies that are placed by the website you are visiting, while third party cookies are placed by a website other than the one you are visiting for your convenience, such as social media platforms like Facebook, Instagram and Twitter (through the use of sharing buttons), or embedded content from YouTube and Vimeo. Please note that we do not control the collection or further use of data by third parties.
• Necessary cookies are necessary to allow the technical operation of a website (e.g., they enable you to move around on a website and to use its features, such as adding items to your virtual “cart” to purchase).
• Performance cookies collect data on the performance of a website such as the number of visitors, the time spent on the website and error messages.
• Functionality cookies increase the usability of a website by remembering your choices (e.g. language, region, login, and so on).
• Targeting/advertising cookies enable a website to send you personalized advertising.
• Security cookies help identify and prevent potential security risks.
• Session cookies are temporary cookies that are erased once you close your browser while persistent or permanent cookies stay on your device until you manually delete them or until your browser deletes them based on the duration period specified in the persistent cookie file.
More information on all aspects of cookies can be found on such websites as: allaboutcookies.org; networkadvertising.org; optout.aboutads.info; youradchoices.com; youronlinechoices.eu. Please note that Shut Up & Write!® has no affiliation with, and is not responsible for, these third-party websites.
More information on how to manage cookies is available from: www.allaboutcookies.org/manage-cookies. Please note that Shut Up & Write!® has no affiliation with, and is not responsible for, this third-party website.
In addition, you may opt-out from cookies by visiting the following websites and selecting which company cookies you would like to opt-out from: www.aboutads.info/choices/#completed and www.youronlinechoices.com. Please note that Shut Up & Write!® has no affiliation with, and is not responsible for, these third-party websites.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (”DMCA”), under United States and California law and jurisdiction, the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA Notices is:
Shut Up & Write! ® Copyright Agent
Attn: Rennie Saunders
PO Box 318061
San Francisco, CA 94131, U.S.A.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Our designated agent to receive Counter Notices is:
Shut Up & Write! ® Copyright Agent
Attn: Rennie Saunders
PO Box 318061San Francisco, CA 94131, U.S.A.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Shut Up & Write!® Privacy Notice for California Residents
Effective Date: August 1, 2019
Last Reviewed on: August 1, 2019
|Information We Collect|
You have the option to enter information on our website that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, Shut Up & Write!®’s Site has collected the following categories of personal information from its consumers within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers.||YES, we may collect your real name and/or alias, email address and/or account name or similar identifiers if you provide them to us.|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, address, telephone number, education, or other similar information. Some personal information included in this category may overlap with other categories.||YES, we may collect your name, address, country and postal code if you provide them to us.|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||NO|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||NO|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES, although we may collect this information, it is anonymized and aggregated (see below).|
|G. Geolocation data.||Physical location or movements.||YES, although we may collect this information, it is anonymized and aggregated (see below).|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
Personal information does not include:
Publicly available information from government records.
Deidentified or aggregated consumer information.
Information excluded from the CCPA’s scope, like:
health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
Shut Up & Write!® obtains the categories of personal information listed above from the following categories of sources:
Directly from you. For example, from forms you complete.
Indirectly from you. For example, from observing your actions on our Website.
|Use of Personal Information|
We may use or disclose the personal information we collect for one or more of the following business purposes:
To fulfill or meet the reason you provided the information. For example, if you share your name and contact information or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
To process your requests and prevent transactional fraud.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your personal information or as otherwise set forth in the CCPA.
To help you locate your nearest Shut Up & Write!® chapter or maybe even help you start a new Shut Up & Write!® chapter.
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Shut Up & Write!®’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Shut Up & Write!® about our Website users is among the assets transferred.
Shut Up & Write!® will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
|Sharing Personal Information|
|Disclosures of Personal Information for a Business Purpose|
In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category G: Geolocation data.
|Sales of Personal Information|
In the preceding twelve (12) months, Company has not sold personal information.
|Your Rights and Choices|
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
|Access to Specific Information and Data Portability Rights|
You have the right to request that Shut Up & Write!® disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
The categories of personal information we collected about you.
The categories of sources for the personal information we collected about you.
Our business or commercial purpose for collecting or selling that personal information.
The categories of third parties with whom we share that personal information.
The specific pieces of personal information we collected about you (also called a data portability request).
If we disclosed your personal information for a business purpose, two separate lists disclosing:
disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
We do not sell your personal information.
|Deletion Request Rights|
You have the right to request that Shut Up & Write!® delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
|Exercising Access, Data Portability, and Deletion Rights|
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Writing us at firstname.lastname@example.org.
Contacting us at the address below, including stopping by in person.
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Please know that making a verifiable consumer request does not require you to create an account with us.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We have not sold personal information, nor do we plan to, so we do not have any opt-in rights (or opt-out rights) for the sale of personal information like other websites may have.
|Response Timing and Format|
We endeavor to respond to a verifiable consumer request within thirty (30) days of its receipt. If we require more time up to 45 days, we will inform you of the reason and extension period in writing.
If you have contacted us and provided us with your contact information, we will deliver our written response to that contact information, by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
|Personal Information Sales Opt-Out and Opt-In Rights|
We do not sell the personal information of consumers, so we do not collect any affirmative authorization (the “right to opt-in”) to personal information sales.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
Deny you goods or services.
Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
Provide you a different level or quality of goods or services.
Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
|Other California Privacy Rights|
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us at the contact information below.
|Changes to Our Privacy Notice|
Shut Up & Write!® reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
Shut Up & Write!
Attn: Privacy Compliance Officer
PO Box 318061
San Francisco, CA 94131
Terms of Sale
TERMS AND CONDITIONS FOR THE ONLINE SALE OF GOODS AND SERVICES
1. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH SHUT UP & WRITE!®, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
These terms and conditions (these “Terms”) apply to the purchase and sale of products and services through Shut Up & Write!® at shutupwrite.com (the “Website”). These Terms are subject to change by Shut Up & Write!® (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the “Last Updated Date” referenced on the Website. You should review these Terms prior to purchasing any product or services that are available through this Website. Your continued use of this Website after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
2. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
3. Prices and Payment Terms.
(a) We currently only sell our products and services on this Website, however, at some point in the future you could see that the prices posted on this Website may be different than prices offered by us at another location on the internet or in our San Francisco, California headquarters. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
(b) We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(c) The following terms may be used by us to communicate pricing information:
(i) “Manufacturer’s suggested retail price” references the manufacturer’s suggested retail price.
(ii) “Price” references our normal price for a product or service.
(iii) “Sale” refers to a reduced price for a product or service.
(iv) “Clearance” refers to a reduced price for a product or service that will be discontinued.
(d) Terms of payment are within our sole discretion and must be received by us before our acceptance of an order. Our payment centers accept most credit cards as well as several debit cards and or other electronic payment providers (for example, PayPal) for all purchases. Purchases must be in American Dollars. You represent and warrant that (i) the credit card or debit card information you supply to us or our payment center is true, correct and complete, (ii) you are duly authorized to use such credit card or debit card for the purchase, (iii) charges incurred by you will be honored by your credit card or debit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
4. Shipments; Delivery; Title and Risk of Loss.
(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
(b) Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
5. Returns and Refunds. Except for any products designated on the Site as final sale or non-returnable and services rendered and sold by Shut Up and Write! Shut Up & Write!® , we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 days of shipment with valid proof of purchase, provided such products are returned in their original condition, and you secure a return merchandise authorization (“RMA”) number. To return products, you must email our Returns Department at email@example.com to obtain a RMA number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items, including international shipping, unless otherwise specified. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a 5% restocking fee.
Refunds are processed within approximately three business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on our third-party payment processing. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS WEBSITE AS NON-RETURNABLE.
For defective returns, please refer to the manufacturer’s warranty (see Section 6) included with the product or as detailed in the product’s description on our Site.
6. Manufacturer’s Warranty and Disclaimers. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VAY FROM STATE TO STATE. We do not manufacture or control any of the products offered on our Website. We offer some of the services on our Website which are rendered by third party service providers. We may also offer some of the services on our Website that are rendered by us. We will tell you the service provider in the service description. The availability of products and third-party services through our Site does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or third-parties services offered on our Website. However, the products and third-party services offered on our Website are covered by the manufacturer’s warranty as detailed in the product’s description on our Website and included with the product or service. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
FOR SERVICES RENDERED BY SHUT UP & WRITE!® OFFERED ON THIS WEBSITE
REGARDING AND LIMITED TO SERVICES RENDERED BY SHUT UP & WRITE!®, WE WARRANT THAT DURING THE WARRANTY PERIOD THE SERVICES PURCHASED FROM THE WEBSITE WILL BE PERFORMED IN A PROFESSIONAL MANNER AND IN ACCORDANCE WITH GENERALLY RECOGNIZED INDUSTRY STANDARDS FOR SIMILAR SERVICES. WE LIMIT THE DURATION AND REMEDIES OF ALL EXPRESS WARRANTIES FOR SERVICES RENDERED BY SHUT UP & WRITE!® TO NINETY (90) DAYS OF THE COMPLETION OF SUCH SERVICES (THE “WARRANTY PERIOD”). THE WARRANTY PERIOD IS NOT EXTENDED IF WE RE-PERFORM A WARRANTED SERVICE. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES FOR SERVICES RENDERED BY SHUT UP & WRITE!®, INCLUDING WITHOUT LIMIATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PRARICULAR PURPOSE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY FOR SERVICES RENDERED BY SHUT UP & WRITE!®. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE SERVICES RENDERED BY SHUT UP & WRITE!® IS LIMITED TO REPAIR, RE-PERFORMANCE OR REFUND AS SET FORTH IN THIS WARRANTY STATEMENT. This policy and its contents are the entire warranty. With respect to defective services sold and rendered by Shut Up & Write!®, defective we will, in our sole discretion, either reperform the defective service free of charge or refund the purchase price of the defective service sold and rendered Shut Up & Write!®. To obtain warranty service, you will need to follow the directions above in number 5. Returns and Refunds.
THIS LIMITED WARRANTY FOR SERVICES RENDERED BY SHUT UP & WRITE!® EXTENDS ONLY TO THE ORIGINAL PURCHASER OF SERVICES RENDERED BY SHUT UP & WRITE!® FROM THE WEBSITE. IT DOES NOT EXTEND TO ANY SUBSEQUENT OR OTHER TRANSFEREE OR BENEFICIARY OF THE SERVICES RENDERED BY SHUT UP & WRITE!®. THIS WARRANTY DOES NOT COVER IMPROPER USE, FAILURE TO FOLLOW THE INSTRUCTIONS OR COMBINATION OR USE WITH ANY PRODUCTS, PROCESSES, SYSTEMS OR OTHER MATTER NOT PROVIDED OR AUTHORIZED IN WRITING BY SHUT UP & WRITE!® OR OTHER ACTIONS OR EVENTS BEYOND OUR REASONABLE CONTROL.
ALL OTHER PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE
EXCLUDING THE SERVICES RENDERED BY SHUT UP & WRITE!® DESCRIBED ABOVE, ALL OTHER PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, EXCEPT AS PROVIDED BY THE MANUFACTURER OF THE PRODUCTS AND/OR SERVICES, AS EXPLAINED ABOVE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER(S) MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
7. Limitation of Liability.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE SITE. YOU AGREE THAT IN NO EVENT SHALL WE, NOR WILL WE UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
8. Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
9. Intellectual Property Use and Ownership. You acknowledge and agree that:
This agreement does not grant you title to, rights of ownership in, or license to use, any copyright, trademark or other intellectual property rights in the internationally registered trademark of Shut Up & Write!® or any other intellectual property held by Shut Up & Write!® when you purchase any services or products from this Website, including without limitation, services sold and rendered by Shut Up & Write!®. There are no implied rights. You will not cause, induce or permit others’ noncompliance with the terms and conditions of any of these product and service license agreements or other intellectual property rights, including the use of this Website. Shut Up & Write!® is and will remain the sole and exclusive owner of all intellectual property rights in and to its intellectual property used through this Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, and trademarks and other intellectual property rights, subject only to the limited license granted under the product’s or service’s license agreement.
11. Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
12. Governing Law and Jurisdiction. This Website is operated from the USA. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
13. Dispute Resolution and Binding Arbitration.
(a) This agreement contains provisions requiring arbitration of disputes. YOU AND ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. Before you accept the terms of agreement by selecting that you agree, you should consider consulting with a lawyer about the advisability of making an agreement with mandatory arbitration requirements. Arbitration proceedings are ways to resolve disputes without use of the court system. By entering into agreements that require arbitration as the way to resolve disputes, you give up (waive) your right to go to court to resolve those disputes by a judge or jury and could waive or limit other rights as well. These are important rights that should not be given up without careful consideration. You acknowledge that you have been informed that the grounds for appeal of an arbitration award are very limited compared to a court judgment or jury verdict.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, INCLUDING WHETHER THE CLAIMS ASSERTED ARE ARBITRABLE, WILL BE REFERRED TO AND FINALLY RESOLVED EXCLUSIVELY BY BINDING ARBITRATION. REGARDING INTERNATIONAL DISPUTES, CONTROVERSIES OR CLAIMS, WHICH WILL BE REFERRED TO AND FINALLY DETERMINED BY ARBITRATION IN ACCORDANCE WITH THE JAMS INTERNATIONAL ARBITRATION RULES.
(b) The arbitration will be administered by the JAMS in accordance with the JAMS rules then in effect, except as modified by this Section 12. (The JAMS Rules are available at https://www.jamsadr.com/adr-rules-procedures/.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
THE TRIBUNAL WILL CONSIST OF A SOLE ARTIBRATOR. IN THE UNITED STATES, THE SEAT WILL BE IN SAN FRANCISCO, CALIFORNIA AND INTERNATIONALLY WILL BE IN LONDON, ENGLAND, AND THE LANGUAGE WILL BE ENGLISH. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
(c) In the United States, you may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
(d) You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR SHUT UP & WRITE!® WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
14. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this 4 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
15. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Shut Up & Write!®.
16. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to our Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
(b) To Us. To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Shut Up & Write!® Notices; Attn. Legal Department; PO Box 318061, San Francisco, CA 94131; USA. We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
18. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.