LetterWise.com - Privacy Policy

LETTERWISE TERMS OF USE

Welcome to LetterWise at www.letterwise.com (“Site”). This Site and the services offered hereon (the “Services”) are provided to you (“you” or “yourself”) by Letterwise.com (“LetterWise”, “we”, “us” and “our”). The following LetterWise Terms of Use (“Terms of Use”) govern your use of the Services and this Site. These Terms of Use are a legally enforceable agreement and constitute the sole agreement between you and LetterWise with respect to your access and use of this Site and the Services. BY YOUR USE OF THIS SITE AND THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AT LEAST 18 YEARS OF AGE (OR 21 IN ANY LOCATION WHERE 18 IS NOT THE AGE OF MAJORITY); AND (ii) AGREE TO BE BOUND BY THESE TERMS OF USE. WE RESERVE THE RIGHT TO MODIFY THESE TERMS OF USE AT ANY TIME AND SUCH CHANGES WILL BE BINDING UPON YOU WHEN POSTED TO THE SITE. IT IS YOUR RESPONSIBILITY TO MONITOR THE SITE FOR SUCH CHANGES.

INVITING OTHERS TO JOIN YOUR ACCOUNT

If you have registered as a subscriber to the Services (“Subscriber”) and want to invite others to join your account (“User(s)”), you may do so by clicking Invite and completing the email invitation prepared by LetterWise. When you enter the individual’s email address and click the “Send” button, an email will be sent on your behalf inviting that individual to join your account. In order to use the Services, such Users will be required to accept the terms of these Terms of Use and the LetterWise Privacy Policy (“Privacy Policy”) which is incorporated herein by reference. Any Users that are under the age of 18 will be required to have a parent or legal guardian agree to these Terms of Use on their behalf and to submit to LetterWise a parental permission form. The specific procedures for registering a child as a User on this Site are detailed in the section of the Privacy Policy titled “Children’s Use of the LetterWise Service.” YOU RECOGNIZE AND AGREE THAT YOU ARE RESPONSIBLE FOR ANY ACTIONS TAKEN BY A USER TO WHOM YOU HAVE GRANTED ACCESS TO YOUR ACCOUNT. YOU RECOGNIZE AND AGREE THAT LETTERWISE IS NOT RESPONSIBLE FOR MONITORING ACCESS TO YOUR ACCOUNT BY USERS AUTHORIZED BY YOU.

PRIVACY

LetterWise has a strong commitment to safeguarding your privacy when you are using this Site or the Services made available through this Site. The Privacy Policy details our handling of your personally identifiable information, explains when we may disclose such information as well as the content of any correspondence you send through our Service, and discusses how children under the age of 18 may use our Service. Please note that the Privacy Policy provides that LetterWise reserves the right at all times to disclose to the proper authorities any communications (including emails) and other information LetterWise deems necessary or appropriate in connection with any known or suspected violation of law or any request, inquiry or investigation of any governmental or regulatory authority.

RESTRICTIONS ON YOUR USE OF THE SERVICES

In connection with your use of the Services, you agree that you will not: (i) take any action or upload, post, email or otherwise transmit content that infringes or violates any third party rights; (ii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iii) take any action or upload, post, email or otherwise transmit content that violates any law or regulation or causes a tort; (iv) take any action or upload, post, email or otherwise transmit content that is protected by copyright unless you are the copyright holder or you have received permission to post the information by the copyright holder; (v) take any action or upload, post, email or otherwise transmit content that is false, harmful, threatening, abusive, harassing, defamatory, vulgar, sexually explicit, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (vi) take any actions or upload, post, email or otherwise transmit content that contains any viruses, Trojan horses, worms, time bombs, cancel-bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personally identifiable information; (vii) take any action or upload, post, email or otherwise transmit any content that would violate any right or duty under any law or under contractual or fiduciary relationships; (viii) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (ix) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (x) attempt to gain access to any other user’s account or password; (xi) use the Services to “stalk” or otherwise harass any person; or (xii) take any action or upload, post, email or otherwise transmit content that if communicated, would create a risk of mental or physical harm to a person, or could reasonably be expected to aid an escape or incite or encourage any form of violence. You agree that LetterWise may take whatever steps it deems necessary or appropriate to abridge or prevent behavior of the types listed above or other behaviors that it deems objectionable in its sole discretion, without notice to you. Such actions may include, but will not be limited to, redacting portions of your letters, refusing to deliver one or more letters and/or temporarily or permanently suspending or terminating your access to and use of the Services and or the access and use of the Services by any or all of your designated Users.

PHOTOS

By submitting a message that contains images, photographs, pictures or that is otherwise graphical in whole or in part (“Pictures”), you hereby warrant and represent that: (i) you are the copyright owner of such Picture, or that the copyright owner of such Picture has granted you permission to use such Picture or any content and/or images contained in such Picture consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use; (ii) that each person depicted in such Picture, if any, has provided consent to the use of the Picture as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Picture; and (iii) the Pictures do not include any pornographic, sexually explicit, obscene, hateful, racially or ethnically objectionable or otherwise objectionable material.

PAYMENT

A. Charges. Each Subscriber will pay LetterWise a monthly charge of $19.95 (the “Monthly Fee”) for the Services. Such fee allows a Subscriber and any User designated by such Subscriber to access and use the Services as many times as he or she may want in a one (1) month period.

B. Payment Terms. By providing a credit card number during the registration process, you authorize LetterWise to charge the Monthly Fee and all other fees and amounts due or becoming due to LetterWise hereunder. Any sum not paid by you when due will bear interest until paid at a rate of one and a half percent (1.5%) per month (eighteen percent (18%) per annum), or the maximum rate permitted by law, whichever is less. You will be responsible for all costs, including without limitation, reasonable attorneys’ fees and court costs, incurred by LetterWise in connection with LetterWise’s collection of any past-due amounts under these Terms of Use.

TERMINATION

LetterWise has the right at any time to temporarily or permanently suspend your and your User’s(s’) use of the Services and or to terminate your account in the event of any breach of these Terms of Use by you and/or any of your designated Users. In the event of such a suspension or termination, you understand and agree that: (i) you will not be entitled to a refund for any unused period on your account; and (ii) LetterWise will have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party. If a Subscriber’s account is terminated, the Services of all Users of that account will also be terminated.

COPYRIGHTS

All content and intellectual property available through this Site and appearing on this Site is the property of LetterWise or its licensors and is protected by copyright and other intellectual property laws. This Site is protected under United States copyright law. Any content downloaded from this Site may be used for your personal, noncommercial use only, provided you keep intact all copyright and proprietary notices of LetterWise and its licensors. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish broadcast or circulate content received from this Site over any network, including a local area network. You may not post any content from this Site to newsgroups, mail lists or electronic bulletin boards without the prior written consent of LetterWise and/or its licensors.

TRADEMARKS

[“LetterWise” and “LetterWise.com”] are trademarks of LetterWise in the United States. LetterWise’s trademarks may not be used in connection with any website, product or service which is not LetterWise’s, in any manner likely to cause confusion among customers or in any way that disparages or discredits LetterWise. Other trademarks that appear on this Site are the property of their respective owners.

DISCLAIMER

THE SERVICES, THIS SITE AND ALL INFORMATION, PRODUCTS, SERVICES AND OTHER CONTENT INCLUDED IN OR ACCESSIBLE FROM THIS SITE ARE PROVIDED STRICTLY ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH LETTERWISE DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. LETTERWISE MAKES NO WARRANTY THAT ANY OF THE INFORMATION YOU SUBMIT THROUGH THE SERVICES WILL BE DELIVERED IN A TIMELY MANNER, OR THAT THE CONTENT OF ANY MESSAGES, PICTURES OR OTHER MATERIAL YOU SEND THROUGH THE SERVICES WILL REMAIN CONFIDENTIAL. LETTERWISE DOES NOT ENSURE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, SECURE OR VIRUS-FREE OPERATION OF THE SERVICES OR THAT THIS SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE AND THE SERVICES IS AT YOUR SOLE RISK.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, AND TO THAT EXTENT, THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT WILL LETTERWISE OR ANY OF ITS AFFILIATES, LICENSORS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, AGENTS, OR DISTRIBUTORS BE LIABLE TO YOU, ANY USER OR ANY OTHER THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, THE SITE, OR ANY OTHER PRODUCT, SERVICE OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE, WHETHER OR NOT LETTERWISE MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

IN NO EVENT WILL LETTERWISE’S CUMULATIVE LIABILITY TO YOU, YOUR DESIGNATED USERS AND/OR ANY THIRD PARTY EXCEED THE MONTHLY FEES PAID BY YOU. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO TO THE EXTENT THAT IT IS IMPERMISSIBLE, THIS LIMITATION MAY NOT APPLY TO YOU.

THIRD-PARTY SITES

Mention of and links to third-party companies and products on the Site are for informational purposes only and are not intended to suggest any affiliation unless expressly stated. You may be able to access other Internet sites not created by LetterWise or its affiliates through this Site. The reliability, availability, legality, and performance of those web sites is beyond LetterWise’s control, and LetterWise makes no representations or warranties with respect to such web sites.

INDEMNIFICATION

You agree to indemnify and hold harmless each of LetterWise, its affiliates, licensors and their respective officers, directors, shareholders, partners, agents and distributors, from and against any claim, demand, loss, liability or expense, including reasonable attorneys’ fees, arising out of or in connection with your use of the Services, this Site, or any other products, services or information made available on or through the Site or any violation of these Terms of Use by you or any of your designated Users.

GOVERNING LAW AND JURISDICTION

Your use of this Site, and any related legal action, will be governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. The sole jurisdiction and venue for any litigation arising out of your use of the Services or this Site will be an appropriate federal or state court located in the Commonwealth of Pennsylvania.

ENTIRE AGREEMENT

These Terms of Use constitute the entire understanding between you and LetterWise as to the subject matter hereof, and supersedes all prior agreements and understandings. Any failure by LetterWise to enforce or exercise any provision of these Terms of Use or related right will not constitute a waiver of that right or provision. Any legally unenforceable provision of these Terms of Use will be deleted or modified to correct the defect, and the remainder of the terms of these Terms of Use will remain valid and enforceable. To indicate your acceptance of these Terms of Use, check the box below indicating that you have read and agree to these Terms of Use. You will not be allowed to use the Service if you do not accept these Terms of Use.