Last Modified September 23,
These terms and conditions
are expressly incorporated by reference to the online PERSONAL WRITER AGREEMENT (the
“Agreement”) is made by and between Bodaty, LLC operating under its brand Bodaty Personal Writer
(“Personal Writer” or the “Company”) and the undersigned individual (the “Personal Writer” or
"you") on the date that Personal Writer executes the Agreement or downloads and enrolls as a
personal writer in the Bodaty Personal Writer phone app (the “Effective Date”). Company and
Personal Writer may each be referred to in this Agreement as a “Party” or collectively as the
“Parties.” The Parties agree that Personal Writer shall assist customers with fulfilling the
customers’ writing task orders made through Bodaty phone apps like Popopmomom and other such
apps (the "App") (the “Services”) and Personal Writer wishes to undertake certain duties and
responsibilities for providing the writing Services.
WHEREAS, Bodaty grants
Personal Writer a non-exclusive non-transferable right to provide the Personal Writer Services
to Bodaty's customers through the App (“Customer(s)”) which includes the acceptance of writing
tasks from app customers ("Customers") and delivering completed writing product to Customers;
and communicating any issues with the writing task and completion delivery to Customers.
1. User Representations,
Warranties, and Covenants
By using the Services, you
expressly represent and warrant that you are legally entitled to enter this Agreement. Your
participation in using the Services is for your sole, personal or internal business use. When
using the Services, you agree to comply with all applicable laws from your home nation, and the
country, state, and city in which you are present while using the Services.
You may only access the
Services using authorized means. It is your responsibility to check to ensure you download the
correct Software for your Device (“Device,” which shall mean a mobile Device owned or controlled
by you that you use to access the App.). The Company is not liable if you do not have a
compatible Device or if you have downloaded the wrong version of the Software for your Device.
The Company reserves the right to terminate your use of the Software and/or Services should you
be using the Software or Services with an incompatible or unauthorized Device.
- 1.1 By using the Services, you agree that:
- 1.1.1 You will only use the Services for lawful purposes; you will not use the
Services for sending or storing any unlawful material or for deceptive or fraudulent
- 1.1.2 You will not use the Services to cause nuisance, annoyance, or inconvenience.
- 1.1.3 You will not use the Services, or any content accessible through the Services,
for any commercial purpose, including but not limited to contacting, advertising to,
soliciting, or selling to any user or Customer, unless the Company has given you
permission to do so in writing.
- 1.1.4 You will not copy or distribute any of the Company's software or any content
displayed through the Services without prior written permission from the Company.
- 1.1.5 You will not create or compile, directly or indirectly, any collection,
compilation, or other directory from any content displayed through the Services
except for your personal, noncommercial use.
- 1.1.6 The information you provide to us when you register an account or otherwise
communicate with us is accurate, you will promptly notify us of any changes to such
information, and you will provide us with whatever proof of identity we may
- 1.1.7 You are aware that when requesting Services by SMS text messages, standard
messaging charges will apply, and that you consent to receive updates via SMS text
- 1.1.8 You will keep secure and confidential your account password and/or any
identification credentials we provide you which allows access to the Services.
- 1.1.9 You will only use the Services for your own use and will not resell either the
Services to a third party. You may however, promote the creation and request for
writing tasks from other customer apps which work with Bodaty Personal Writer.
- 1.1.10 You will not use the App or Services in any way that could damage, disable,
overburden, or impair any Company server, or the networks connected to any Company
- 1.1.11 You will not attempt to gain unauthorized access to any part of the App
and/or to any service, account, resource, computer system, and/or network connected
to any Company server.
- 1.1.12 You will not deep-link to the App or access the App manually or with any
robot, spider, web crawler, extraction software, automated process and/or Device to
scrape, copy, or monitor any portion of the App or any content on the App, unless
the Company has given you permission to do so in writing.
- 1.1.13 You will not copy any content displayed through the Services, including but
not limited to a store’s product content and reviews, for republication in any
format or media.
- 1.1.14 You will not conduct any systematic retrieval of data or other content from
the App or Services.
- 1.1.15 You will not try to harm other Personal Writers, Customers, or the Company,
the App or Services in any way whatsoever.
- 1.1.16 You will report any errors, bugs, unauthorized access methodologies or any
breach of our intellectual property rights that you uncover in your use of the App
- 1.1.17 You are of legal age to work on writing tasks and assume all risk and
liability related to the delivery of writing tasks thereof; the legality of your
possession or confidential customer information during writing task delivery; and
the compliance and requirements related to you confirming the identity, age, and any
other necessary credentials of the purchaser/Customer.
- 1.1.18 Personal Writer will provide services to market the Personal Writer Services
at all times in a safe, professional, and proficient manner, and will use its
business skills, initiative, and best judgment in such performance.
- 1.1.19 Personal Writer is not economically dependent on its Compensation derived
under this Agreement with the Company and shall be solely responsible for
his/her/its operating expenses, including but not limited to personal business
attire, cellular phone, computer, and any other necessary equipment, meals, travel
and lodging, or automobile expenses, including the cost of automobile repairs, car
insurance, fuel, and other taxes and fines.
- 1.1.20 Personal Writer represents that the relationship with Company has not, does
not, and will not breach any agreements with or duties to a former employer or any
other third party. Personal Writer will not disclose to Company or use on its behalf
any Confidential Information belonging to others unless consented to in writing by
- 1.1.21 Personal Writer shall report any request from Company's officers, agents, or
employees that contradicts that Personal Writer possesses the sole right to control
and direct the means, time, place, manner, and method by which he/she/it hereunder
performs; and Personal Writer will not receive time increment-based pay from
Company, such as hourly wages or weekly, monthly, or annual salary, and shall only
be compensated for Services on a commission-only basis.
- 1.1.22 Personal Writer understands that any training he/she/it may receive is
promulgated by the need to ensure that the Personal Writer is capable of delivering
a quality writing product. Personal Writer understands that Company will not require
additional instructions, training, advice, or suggestions, unless requested by
- 1.1.23 Personal Writer has the right, as an independently established business, to
use or hire assistants as subcontractors or employees to fulfill the duties required
under this Agreement, and Personal Writer is solely responsible for all supervision,
compensation, benefits, and other employment or contract matters related to said
assistants and/or sub-agents. Personal Writer expressly warrants and understands
that any of his/her/its sub-agents or employees shall not be considered an agent or
employee of the Company under a joint-employer, or any other theory of recovery. The
Personal Writer is required to disclose to Bodaty all such employment and
subcontracting arrangements and obtain Bodaty’s explicit approval of the same. All
terms of this Agreement shall be binding on all employees and subcontractors of
- 1.1.24 Personal Writer has and will maintain the proper permits and licenses to
legally perform his/her/its obligations under this Agreement, and such permits and
licenses shall be maintained at Personal Writer's sole expense during the Term of
- 1.1.25 Personal Writer represents and warrants that it maintains in effect all such
workers' compensation, employee liability, commercial general liability, contractual
liability and any other insurance required by law.
- 1.1.26 Personal Writer shall not change any materials facts or make any crass
modifications to information shared with them by Customers for writing tasks and
will strive to accurately portray all such facts in their writing tasks.
- 1.1.27 Personal Writer understands that there may be information and facts that are
uncomfortable and offensive to them in the information shared with them by Customers
requesting writing tasks. Personal writers are committed to overcoming their own
discomfort to complete writing tasks to the Customers satisfaction, though they can
always choose to reject a writing task pursuant to the Bodaty Personal Writer
Deactivation Policy and the Bodaty Personal Writer Compensation Policy available at
- 1.1.28 Personal Writer commits to report any information that they encounter that is
illegal in their jurisdiction to the appropriate legal authorities.
- 1.1.29 Personal writer will promote the fact that they are working with Bodaty’s
personal writer app and actively seek to sign-up people using the marketing kit
provided by Bodaty (which Bodaty makes no warranties about the effectiveness of the
marketing kit - which is provided primarily as a convenience)
- 1.1.30 Personal writer is responsible and liable for engaging with the person and
ensuring that they deliver a quality product in terms of their writing.
Subject to the terms and conditions set forth herein, Bodaty hereby appoints Personal Writer as
a non-exclusive Personal Writer to perform writing tasks purchased by Customers through the
Bodaty apps like Popopmomom and other such apps. Bodaty reserves the right to appoint other
Personal Writers to provide the Personal Writer Services in all markets throughout the world.
All rights in and to the Personal Writer Services not expressly granted by Bodaty herein are
hereby reserved by Bodaty.
3. Term. This
Agreement begins on the Effective Date of this Agreement and continues for as long as Personal
Writer chooses to participate in the Personal Writer Services, which shall include fulfilling
any order once accepted through the App. Subject to the preceding sentence, either Party may
terminate this Agreement at any time.
- 4.1 Amount. Company will pay Personal Writer fees (“Compensation”) based on
the completion of a personal writing task or transaction and Personal Writer’s ratings and
reviews as set forth on the Compensation Policy available at https://bodaty.com/privacy-policy-terms.html.
Personal Writer is free to accept requests for a personal writing task at its leisure.
- 4.2 Payment Requirements. Personal Writer must meet all Bodaty deyaPay payment
requirements to receive the associated Compensation.
- 4.2.1 No Compensation. No payment shall be payable to the Personal Writer if
such amounts are not paid to Company, or if such payments are prohibited under
applicable federal, state, or local law, regulation, or policy, or the regulations
of any card association, third party processor, or bank.
Personal Writer will have no interest in or rights to the Customer, and Customer data, or any
agreements entered between Customer, and the Company.
- 6.1 Term of Confidentiality. This Agreement as it relates to Confidential Information
shall be in effect and will continue in full force and effect for the term of this Agreement
and for perpetuity after termination of this Agreement. Since the Personal Writer will be
working with private personal information about Customers’ lives it is important that this
information is never released publicly and hence the perpetual ban on sharing this
information with anyone.
- 6.2 Definition. Personal Writer will acquire knowledge of the Company’s and
Customer’s confidential information (“Confidential Information”). By way of example,
Confidential Information includes, but is not limited to, information given to the Personal
Writer through the writing task assignment which may contain personal details and other
proprietary and confidential information related to the Customer and information that is
proprietary or of a unique nature relating to the Company and its business operations,
internal operational structure, internal documents, customers, customer lists and contact
information, pricing, contracts and other financial information, proprietary software or
computer systems, merchandising and marketing techniques, inventions, plans, specifications,
strategic information, business plans, supplier agreements, and partnership or joint venture
agreements disclosed to or known by Personal Writer in connection with providing services on
behalf of the Company under this Agreement. Disclosure of this Confidential Information in
violation of this Section will cause substantial loss to Company. Personal Writer shall not,
at any time during this Agreement’s term or thereafter, except as authorized in a signed
writing by the Company, directly or indirectly, use, disclose, reproduce, or in any other
way publicly or privately disseminate any Confidential Information as defined in this
Section to any person or entity.
- 6.3 Preservation and Use. Personal Writer may have access to records or possession of
property of the Company. Records or property include but are not limited to all contracts,
agreements, financial books, instruments and documents, client lists, scripts, leads, data,
reports, programs, telephone and address books, rolodexes, research, listings, equipment,
in-house proprietary sales forms, and any other instruments, records or documents relating
or pertaining to the Company’s business or the Personal Writing Services rendered by the
Personal Writer. Records and property will at all times remain the Company’s property.
Personal Writer is only a holder of this property for the sole use and benefit of the
Company and will safely keep and preserve such property, except as consumed in the normal
business operation of the Company. Upon termination of this Agreement, Personal Writer will
return to the Company all records and property and will neither make nor retain any copies
of any records or property after this Agreement’s termination.
- 6.4 Protection of Confidential Information. Personal Writer hereby swears and affirms
that he/she/it will not, directly or indirectly, use, make available, sell, disclose, or
otherwise communicate to any third party, other than in performing the contracted for duties
herein and for the benefit of the Company, any of the Company's Confidential Information,
either during or after Personal Writer's business relationship with the Company. Personal
Writer agrees not to disclose or otherwise disseminate such information without prior
written approval of the Company’s officers, which they may withhold in their sole and
absolute discretion. Personal Writer acknowledges and agrees that the unauthorized
disclosure of Confidential Information of the Company may be highly prejudicial to its
interests, an invasion of privacy, and an improper disclosure of trade secrets.
- 6.5 Location and Reproduction. Personal Writer will maintain in his/her/its
possession and control only such Confidential Information as needed to perform obligations
hereunder. Personal Writer will return to the appropriate person or otherwise properly
dispose of Confidential Information upon termination of this Agreement. Personal Writer will
not make copies of or otherwise reproduce Confidential Information unless there is a
legitimate business need of the Company for reproduction.
- 6.6 Prior Actions and Knowledge. Personal Writer represents and warrants that from
the time of his/her/its first contact with the Company, Personal Writer shall hold in strict
confidence all Confidential Information and have not disclosed any Confidential Information,
directly or indirectly, to anyone outside the Company, or used, copied, published, or
summarized any Confidential Information, except to the extent otherwise permitted in this
- 6.7 Third-Party Information. Personal Writer acknowledges that the Company is in
receipt and in the future will receive from third parties, including Customers, their
confidential information subject to a duty on the Company’s part to maintain the
confidentiality of such information and to use it only for certain limited purposes.
Personal Writer hereby agrees that, during the period in which he/she/it performs Services
on behalf of the Company and after such relationship has terminated, Personal Writer will
hold all such confidential information in the strictest confidence and not disclose or use
it, except as necessary to perform obligations hereunder, and as is consistent with the
Company’s agreement with such third parties.
Covenants. Personal Writer may develop goodwill for the Company through personal contact
with Customers and others who will have business relationships with the Company and their
processing and banking affiliates. Personal Writer agrees to the following:
- 7.1 Any breach by the Personal Writer of this Agreement will constitute a violation of the
terms and conditions of the Personal Writer relationship between Company and Personal Writer
and may result in immediate termination of the Agreement.
- 7.2 Non-Solicitation of Customers. The Personal Writer covenants and agrees that
during the term of this Agreement and the time period specified below thereafter, Personal
Writer will not, directly or indirectly, for the benefit of the Personal Writer or others,
either as an employee, agent, consultant, partner, advisor, principal, member, shareholder,
or in any other capacity, engage in any of the following acts:
- 7.2.1 Existing Customers. Personal Writer will not in such aforementioned
capacity or relationship, solicit any existing Customers for a period of three (3)
years starting from the date of the termination of the Agreement.
- 7.2.2 Prior Solicited Non-Clients. Personal Writer will not solicit any
businesses that Company has solicited by making of a written proposal or offer for
services while Personal Writer was providing Services hereunder in the eighteen (18)
month period prior to termination of the Agreement. Such restriction shall be in
place for a three (3) year period after termination of this Agreement.
- 7.3 Non-Disparagement of Company. Personal Writer warrants, covenants, and agrees
that during the term of this Agreement and during a period of three (5) years following the
date of termination of this Agreement, Personal Writer will not, for any reason, solicit, or
make false, disparaging comments about the Company, any of the Company’s employees, agents,
officers, directors, shareholders, or any of the Company’s affiliates, in any form of media,
directly or indirectly, including, but not limited to, verbal, written, email, text,
internet message, facsimile, other online posting, or communication on social media
platforms including but not limited to Facebook, blogging, Twitter, MySpace, LinkedIn,
Snapchat, Google, Yelp, Instagram, Glassdoor, or generally through the Internet, to (a) any
Customers, (b) any prospective Customers from whom Personal Writer has solicited business on
the Company’s behalf, or (c) any other persons or entities who refer potential Customers in
need of the types of services sold or marketed by the Company, whom have become known to
Personal Writer as a result of the performance of its obligations hereunder.
- 7.4 Non-Solicitation of Employees and Personal Writers. Whereas Personal Writer
understands and agrees that the Company has an interest in retaining the loyalty, fidelity,
and continued employment of its current employees and agents, the Personal Writer warrants,
covenants, and agrees that, while providing services on behalf of the Company under this
Agreement and for a period of two (4) years following the date of termination of such
relationship, for any reason, whether voluntarily or involuntarily, Personal Writer will
not, directly or indirectly, attempt to induce, solicit, offer, or recruit, or assist in any
attempt to induce, solicit, offer, or recruit, any employee or independent contractor of the
Company to terminate or alter its relationship with the Company or to become associated with
any other person or entity, including, but not limited to, any competitive business, whether
as an employee, independent contractor, agent, consultant, advisor, investor, partner, or
- 7.5 Enforcement. In furtherance and not in limitation of the foregoing, should any
durational or geographical restriction or restriction on business activities covered under
this Agreement be found by any court of competent jurisdiction to be overly broad, the
Parties intend that such court will enforce this Agreement in any less broad manner the
court may find appropriate by construing such overly broad provisions to cover only that
duration, extent, or activity which may be enforceable. The Parties acknowledge the
uncertainty of the law in this respect and expressly agree that this Agreement shall be
given the construction that renders its provisions valid and enforceable to the maximum
extent permitted by law.
- 7.6 Reasonable Restriction. Personal Writer acknowledges and agrees that the periods
of restriction and the breadth of service and geographic areas of restrictions imposed by
this Agreement, if any, including, but not limited to the non-solicitation and
confidentiality covenants, are fair and reasonably required for the protection of legitimate
business interests of the Company.
- 7.7 Notwithstanding any statute to the contrary, the Personal Writer shall not be entitled
to an award of attorney fees and costs if the Personal Writer prevails in any action to
enforce Sections 6, 7, 8 of this Agreement.
8. Independent Contractor
Relationship. Nothing under this Agreement shall be construed as creating any
partnership, joint venture, or agency between the Parties. Personal Writer will act solely as an
independent contractor/1099 agent and, as such, is not authorized to bind the Company to third
parties or Customers. No federal, state, or local taxes of any kind shall be withheld or paid by
Company on behalf of Personal Writer in connection with payments made hereunder by the Company.
Personal Writer will perform the Personal Writing Services described in this Agreement
independently and will determine, in his/her/its sole discretion, the manner, time, place, and
means by which those services are accomplished as well as what services must be accomplished,
subject to the requirement that Personal Writer will at all times comply with applicable law and
general industry guidelines. Company has no right or authority to control the manner or means by
which the Personal Writing Services are accomplished. Personal Writer assumes full
responsibility for his/her/its actions while performing services under this Agreement.
9. Indemnity. The
Personal Writer will indemnify, defend, and hold the Company, its officers, shareholders,
directors, agents, employees, and agents harmless from and against any and all claims,
liabilities, losses, damages, costs and expenses (including, without limitation, attorney fees
and expenses) arising out of or relating to the foregoing responsibility of the Personal Writer.
Personal Writer is not an employee of the Company and is not entitled to participate in any of
the Company’s employee benefit plans, without exception.
Property. “Intellectual Property” means all of the following owned by a party: (i)
trademarks and service marks (registered and unregistered) and trade names, and goodwill
associated therewith; (ii) patents, patentable inventions, computer programs, and software;
(iii) databases; (iv) trade secrets and the right to limit the use or disclosure thereof; (v)
copyrights in all works, including software programs; and (vi) domain names. The rights owned by
a party in its Intellectual Property shall be defined, collectively, as “Intellectual Property
Rights.” Other than the express licenses granted by this Agreement, Company grants no right or
license to Personal Writer by implication, estoppel or otherwise to any Intellectual Property
Rights of the Company. Each Party shall retain all ownership rights, title, and interest in and
to its own products and services and all intellectual property rights therein, subject only to
the rights specifically granted herein. Company (and not Personal Writer) shall have the sole
right, but not the obligation, to pursue copyright and patent protection, in its sole
discretion, for its Intellectual Property Right. Personal Writer will cooperate with Company in
pursuing such protection, including without limitation executing and delivering to Company such
instruments as may be required to register or perfect Company’s interests in any Intellectual
Property Rights and any assignments thereof. Personal Writer shall not remove or destroy any
proprietary, confidentiality, trademark, service mark, or copyright markings or notices placed
upon or contained in any materials or documentation received from Company in connection with
- 11.1 Injunctive Relief. The Parties recognize that irreparable injury will result to
the Company and its business and property if Personal Writer breaches the covenants
contained in Sections 6, 7, 8, and 9 of this Agreement. It is agreed that if Personal Writer
breaches any of these covenants, in part or in whole, Company shall be entitled to an
injunction, without posting a bond, to restrain further breach of those covenants by
Personal Writer or any of Personal Writer's employees or sub-agents, or any persons acting
for or with Personal Writer, in addition to any other remedies Company may have.
- 11.2 Cumulative Remedies. All provisions of sections of this Agreement are
cumulative. Compliance with these sections is a condition precedent to Company’s obligation
to make payments to Personal Writer whether under this Agreement or otherwise. Nothing in
this Agreement prohibits the Company from pursuing any other remedies available to it for a
breach or threatened breach of this Agreement.
12. Termination of
Relationship. Company may terminate this Agreement, at any time, upon written notice to
Personal Writer. Upon termination of this Agreement, neither Party will have any further
obligations under this Agreement, except for the sections that specifically set forth survival
following termination of this Agreement. Each Party will remain liable and responsible to the
other for all prior obligations and for all acts and omissions of such Party, its agents, or its
employees, prior to termination.
13. Indemnification and
Set Off. Personal Writer will indemnify and hold harmless the Company and its
shareholders, officers, directors, affiliates, independent agents, and employees against any and
all liability, damages, losses, costs or expenses, or judgments resulting from or related to any
third party claims made or suits brought against the Company and its shareholders, officers,
directors, affiliates, independent agents, and employees that arise out of (i) the Personal
Writing Services provided by Personal Writer under this Agreement, (ii) the misstatement or
untrue nature of any of the warranties and representations made by Personal Writer, (iii)
Personal Writer’s breach of this Agreement’s terms and conditions, or (iv) due to any of
Personal Writer’s acts or omissions or due to Personal Writer’s negligence. Company shall set
off any losses related to Personal Writer's willful, dishonest, or negligent act in its
performance hereunder ("Losses") from any payments due to Personal Writer, and Personal Writer
expressly authorizes Company to collect via the Automated Clearing House ("ACH") any amounts
owed to Company under this Agreement or any other agreement between the Parties, including
Losses, from the bank account provided by Personal Writer for this purpose and to receive
14. Binding Effect.
Each Party and each individual signing on behalf of each Party, represents and warrants that it
has full power and authority to enter into this Agreement, and that no further approvals or
consents are required. Each Party represents that they have had an opportunity to review this
Agreement; that they understand its terms; that if they have reviewed the Agreement with an
attorney, they are relying on the legal advice of said attorney; and that they voluntarily
accept these terms. This Agreement is the legal, valid, and binding obligation of the Parties,
enforceable against each Party and its assigns, officers, directors, agents, employees,
independent contractors, and shareholders in accordance with its terms, except as enforceability
may be limited by bankruptcy, insolvency, or other similar laws of general application or by
general principles of equity. This Agreement sets forth the final, entire understanding and
agreement of the Parties and incorporates all of the agreed upon terms, covenants, and
conditions. This Agreement can only be modified or amended in writing, signed by both Parties.
If any part of this Agreement is determined by a court of competent jurisdiction to be
unenforceable, all other parts of this Agreement will remain in full force and effect.
ARBITRATION. ANY DISPUTE OR CLAIM BETWEEN THE PARTIES ARISING OUT OF OR RELATED TO THIS
AGREEMENT SHALL BE FULLY AND FINALLY RESOLVED BY BINDING ARBITRATION IN CHICAGO ILLINOIS IN
ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND PRACTICES OF THE AMERICAN ARBITRATION
ASSOCIATION (“AAA”) FROM TIME TO TIME IN FORCE AND EFFECT. THIS AGREEMENT TO ARBITRATE SHALL BE
SPECIFICALLY ENFORCEABLE AND IS THE EXCLUSIVE REMEDY FOR THE RESOLUTION OF SUCH DISPUTES UNDER
THIS AGREEMENT. THERE SHALL BE A SINGLE ARBITRATOR, WHO MUST BE (I) A LAWYER ENGAGED FULL-TIME
IN THE PRACTICE OF LAW AND A MEMBER IN GOOD STANDING OF THE STATE BAR OF ILLINOIS AND (II) ON
THE AAA REGISTER OF ARBITRATORS. WITHIN THIRTY (30) DAYS OF THE CONCLUSION OF THE ARBITRATION
HEARING, THE ARBITRATOR SHALL PREPARE WRITTEN FINDINGS OF FACT AND CONCLUSIONS OF LAW. JUDGMENT
ON THE WRITTEN AWARD MAY BE ENTERED AND ENFORCED IN ANY STATE OR FEDERAL COURT LOCATED IN
ILLINOIS. THE PARTIES HEREBY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS SO SELECTED, TO
THE EXCLUSION OF ANY OTHER COURT WHICH MIGHT HAVE HAD JURISDICTION APART FROM THIS SECTION 16,
WAIVE ANY DEFENSE OF LACK OF IN PERSONAM JURISDICTION OF SUCH COURTS AND AGREE THAT SERVICE OF
PROCESS IN ANY ACTION BEFORE SUCH COURTS MAY BE MADE BY MAILING IT TO THE PARTY TO BE SERVED AT
THE ADDRESS PROVIDED HEREIN. IT IS MUTUALLY AGREED THAT THE WRITTEN DECISION OF THE ARBITRATOR
SHALL BE VALID, BINDING, FINAL, AND NON-APPEALABLE; PROVIDED HOWEVER, THAT THE PARTIES HERETO
AGREE THAT THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY TO AWARD PUNITIVE DAMAGES AGAINST ANY
PARTY TO SUCH ARBITRATION. THE ARBITRATOR SHALL REQUIRE THE NON-PREVAILING PARTY TO PAY THE
ARBITRATOR’S FULL FEES AND EXPENSES OR, IF IN THE ARBITRATOR’S OPINION THERE IS NO PREVAILING
PARTY, THE ARBITRATOR’S FEES AND EXPENSES WILL BE BORNE EQUALLY BY THE PARTIES THERETO. EACH
OF THE PARTIES HERETO FURTHER AGREES THAT IT WILL NOT BECOME A MEMBER OF ANY CLASS-WIDE
LITIGATION OR ARBITRATION AND WILL NOT INITIATE ANY CLASS ACTION LITIGATION OR ARBITRATION
AGAINST THE OTHER PARTY. FURTHER, THE PARTIES AGREE THAT THEY WILL NOT ASSERT ANY CLAIMS
AGAINST THE OTHER PARTY AS A REPRESENTATIVE OF ANY GROUP, CLASS, OR OTHERWISE SIMILARLY
SITUATED INDIVIDUAL OR ENTITY.
16. Headings. The
headings in this Agreement are for convenience only and are not intended to, and shall not be
construed to, limit, enlarge, or affect the scope or intent of this Agreement nor the meaning of
any of its provisions. Further, the headings contained in this Agreement are for reference
purposes only and shall not be used in construing this Agreement. This Agreement shall be given
a fair and reasonable construction in accordance with the intention of the Parties and without
regard to the identity of its drafter.
17. Assignment. The
Parties may not assign, transfer, pledge, encumber, or sell their rights under this Agreement,
in whole or in part, without the other’s prior signed written consent, which that Party may
grant at its sole discretion. However, no such consent shall be required for Company’s
assignment or transfer of this Agreement in connection with a sale or transfer of all or
substantially all of the business assets of the Company.
18. Waiver and
No-Waiver. Failure of either Party to insist upon the strict performance of any of the
Agreement’s terms and conditions, or failure to exercise any rights or remedies provided in this
Agreement or by law will not release the other Party of any of its obligations under the
Agreement. An oral modification or rescission of this Agreement by either Party will not operate
as a waiver of any of the Agreement’s terms. No waiver by either Party of any breach, default,
or violation of this Agreement’s terms and conditions will constitute a waiver of any subsequent
breach, default, or violation of the Agreement’s terms and conditions. This section shall apply
despite any law or theory that either Party’s waiver of his/her/its rights under the Agreement
amounts to a waiver of this section, and either Party expressly reserves the right to enforce
any section at any time this Agreement is in effect and for the period of time that certain
sections indicate survival after termination.
19. Notices: Written
notice shall be provided to Company as follows: All notice shall be mailed to 200 E. 5th Avenue,
Suite #121DE, Naperville IL 60563, United States. In addition, You shall send all notices to
Bodaty via email with receipt acknowledged to firstname.lastname@example.org.
and Consents: Personal Writer expressly agrees that it and any person or individual that
it authorizes to access its account or the App using Personal Writer's Device has read and
- 20.1 Geo-Location and In-Store Geo-Location: You can prevent your mobile Device from
sharing your Geo-Location by choosing the don’t allow button within the Applications or you
can prevent it by disabling the location/Geo-Location sharing setting on your Device
- 20.2 Biometric Data: Bodaty only uses such products to verify your identity via third
parties, such as Apple or Google through your Device. You can opt out of using your
Biometric data at any time by adjusting the settings on your Device, or in your account
settings in the respective App.