THE EXPERIENTIAL WRITING STUDIO

TERMS OF USE

Effective Date: January 2, 2025

OVERVIEW

Welcome to The Experiential Writing Studio website (https://experientialwriting.studio). These Terms of Use govern your access to and use of our website, services, and content. By accessing or using our website, you agree to be bound by these Terms of Use.

Please read these Terms of Use carefully before using our website. If you do not agree to these terms, please do not use our website.

2. CHANGES TO TERMS

We reserve the right to modify or replace these Terms of Use at any time at our sole discretion.

NOTIFICATION OF CHANGES:

When we make material changes, we will:

  •  Update the "Last Updated" date at the top of this page

  •  Post the revised Terms of Use on our website

  •  Notify active clients via email when appropriate

  •  Provide reasonable notice before changes take effect

Your continued use of the website after changes are posted constitutes acceptance of the revised Terms of Use.

We encourage you to review these Terms of Use periodically for any updates or changes.

3. WEBSITE USE

PERMITTED USES:

You may use our website for the following purposes:

  •  Learning about TXWS services and offerings

  •  Contacting us for consultations or inquiries

  •  Reading blog posts, articles, and educational content

  •  Subscribing to our newsletter

  •  Scheduling appointments or consultations

  •  Accessing client portals or service-related materials (if applicable)

PROHIBITED USES:

You may NOT use our website for:

  •  Any unlawful purpose or in violation of these Terms of Use

  •  Transmitting harmful, offensive, or inappropriate content

  •  Attempting to gain unauthorized access to our systems

  •  Interfering with or disrupting the website or servers

  •  Collecting user information without consent

  •  Impersonating any person or entity

  •  Using automated systems (bots, scrapers) without permission

  •  Posting spam, advertising, or promotional materials

  •  Infringing on intellectual property rights

  •  Engaging in any fraudulent or malicious activities

4. INTELLECTUAL PROPERTY RIGHTS

OWNERSHIP:

All content on this website, including but not limited to:

  •  Text, articles, and written content

  •  Graphics, logos, and images

  •  Website design and layout

  •  Code and software

  •  Trademarks and service marks

is owned by or licensed to The Experiential Writing Studio and Oceans Enterprises Consulting, LLC, and is protected by United States and international copyright, trademark, and other intellectual property laws.

OUR TRADEMARKS:

The following are trademarks or service marks of TXWS:

  •  The Experiential Writing Studio

  •  TXWS

  •  "Stories shape connection. Let's tell yours."

  •  Our logo and brand elements

RESTRICTIONS:

You may not:

  •  Copy, reproduce, or distribute website content without permission

  •  Modify, create derivative works from, or reverse engineer our content

  •  Remove copyright or proprietary notices

  •  Use our trademarks without written permission

  •  Frame or mirror any portion of the website

LIMITED LICENSE:

We grant you a limited, nonexclusive, nontransferable license to:

  •  Access and view website content for personal, noncommercial use

  •  Print or download content for personal reference

  •  Share links to our website on social media

This license does not include any right to resell, redistribute, or commercially exploit our content.

5. USER-GENERATED CONTENT

If you submit content to our website (comments, testimonials, feedback, etc.), you grant TXWS a worldwide, nonexclusive, royalty-free, perpetual license to use, reproduce, modify, and display that content.

USER CONTENT GUIDELINES:

You agree that any content you submit will:

  •  Be accurate and truthful

  •  Not violate any third-party rights

  •  Not contain harmful, offensive, or illegal material

  •  Not contain spam, advertising, or promotional content

  •  Comply with all applicable laws

We reserve the right to remove any user-generated content that violates these guidelines or is otherwise inappropriate.

6. LINKS TO THIRD-PARTY WEBSITES

Our website may contain links to third-party websites, including:

  •  Social media platforms

  •  Partner websites

  •  Resource links

  •  Client websites

These links are provided for convenience only. We do not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party websites.

You access third-party websites at your own risk. We encourage you to review their terms of use and privacy policies before providing any personal information.

7. DISCLAIMER OF WARRANTIES

OUR WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, TXWS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  •  Warranties of merchantability, fitness for a particular purpose, and non-infringement

  •  Warranties regarding accuracy, reliability, or completeness of content

  •  Warranties that the website will be uninterrupted, secure, or errorfree

  •  Warranties regarding results obtained from website use

We do not warrant that:

  •  The website will meet your requirements

  •  The website will be available at all times

  •  The website will be free from viruses or harmful components

  •  Defects will be corrected

  •  Content is accurate, complete, or current

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TXWS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

  •  Any indirect, incidental, special, consequential, or punitive damages

  •  Loss of profits, revenue, data, or business opportunities

  •  Personal injury or property damage arising from website use

  •  Errors, mistakes, or inaccuracies of content

  •  Unauthorized access to or use of our servers or personal information

  •  Interruption or cessation of website transmission

  •  Bugs, viruses, or harmful code transmitted through the website

  •  Any loss or damage arising from third-party websites or services

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO TXWS IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow limitation of liability for certain damages, so some of these limitations may not apply to you.

9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless TXWS, Oceans Enterprises Consulting, LLC, and our affiliates, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:

  •  Your access to or use of the website

  •  Your violation of these Terms of Use

  •  Your violation of any third-party rights

  •  Your user-generated content

  •  Your violation of any applicable laws or regulations

10. PRIVACY AND DATA PROTECTION

Your use of this website is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

By using our website, you consent to the collection and use of information as described in our Privacy Policy.

For more information, please review our Privacy Policy at:

https://experientialwriting.studio/legal/privacy-policy

11. COOKIES AND TRACKING TECHNOLOGIES

Our website uses cookies and similar tracking technologies to improve user experience and analyze website usage.

By using our website, you consent to our use of cookies as described in our Privacy Policy.

You can control cookies through your browser settings, but disabling cookies may limit website functionality.

For more information about our cookie practices, please see the Cookies Policy section of our Privacy Policy.

12. DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA)

If you believe that content on our website infringes your copyright, please notify us with the following information:

  •  Identification of the copyrighted work claimed to be infringed

  •  Identification of the material claimed to be infringing and its location

  •  Your contact information (address, telephone, email)

  •  A statement that you have a good faith belief that use is not authorized

  •  A statement that the information is accurate and you are authorized to act

  •  Your physical or electronic signature

DMCA CONTACT:

Meredith L. McGuire McConn

The Experiential Writing Studio

Email: [email protected]

Mail: 2125 Biscayne Blvd, Ste 204 #21602, Miami, FL 33137

13. TERMINATION

We reserve the right to terminate or suspend your access to our website immediately, without prior notice or liability, for any reason, including but not limited to:

  •  Violation of these Terms of Use

  •  Fraudulent or illegal activity

  •  Conduct that harms TXWS or other users

  •  At our sole discretion

Upon termination:
  •  Your right to use the website will immediately cease

  •  All provisions that should reasonably survive termination will continue

14. GEOGRAPHIC RESTRICTIONS

Our website is controlled and operated from the United States. We make no representation that content is appropriate or available for use in other locations.

If you access our website from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

15. GOVERNING LAW AND JURISDICTION

These Terms of Use are governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.

Any legal action or proceeding arising under these Terms of Use will be brought exclusively in the state or federal courts located in Brevard County, Florida.

You consent to the personal jurisdiction of these courts and waive any objection to venue in these courts.

16. DISPUTE RESOLUTION

INFORMAL RESOLUTION:

Before filing any legal action, you agree to first contact us and attempt to resolve the dispute informally.

Contact us at [email protected] with a description of the dispute.

We will work in good faith to resolve the matter within 30 days.

MEDIATION:

If informal resolution fails, you agree to participate in mediation before pursuing litigation.

Mediation will be conducted in Brevard County, Florida, by a mutually agreedupon mediator.

Each party will bear their own costs of mediation, with mediator fees split equally.

ARBITRATION:

If mediation is unsuccessful, disputes may be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Arbitration will take place in Brevard County, Florida.

The decision of the arbitrator will be final and binding.

CLASS ACTION WAIVER:

You agree to bring claims against TXWS only in your individual capacity and not as part of any class action or representative proceeding.

17. SEVERABILITY

If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

18. ENTIRE AGREEMENT

These Terms of Use, together with our Privacy Policy and any servicespecific terms and conditions, constitute the entire agreement between you and TXWS regarding use of our website.

These Terms of Use supersede all prior agreements, understandings, and communications regarding the subject matter.

19. NO WAIVER

Our failure to enforce any right or provision of these Terms of Use will not be deemed a waiver of that right or provision.

No waiver of any term will be deemed a further or continuing waiver of that term or any other term.

20. CONTACT INFORMATION

If you have questions or concerns about these Terms of Use, please contact us:

GENERAL INQUIRIES:

Meredith L. McGuire McConn

The Experiential Writing Studio

A Division of Oceans Enterprises Consulting, LLC

Email: [email protected]

Phone: (321) 616-6953

Website: https://experientialwriting.studio

Mail: 2125 Biscayne Blvd, Ste 204 #21602, Miami, FL 33137

LEGAL INQUIRIES:

For legal matters regarding these Terms of Use, please contact:

Email: [email protected]

Subject Line: "Legal  Terms of Use"

21. ACKNOWLEDGMENT

BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS WEBSITE.

Copyright 2025 | Oceans Enterprises Consulting, LLC | All Rights Reserved