Privacy Policy, Terms of Service, and Policy Use.

Click to view our Frequently Asked Questions.

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[su_spoiler title=”End User License Agreement”]
This copy of lettrs (“the Software Product”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. lettrs or its subsidiaries, affiliates, and suppliers (collectively “_________________”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).

Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.

License Grant
This Agreement entitles you to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive, and may only be used for the reinstallation of the Software Product. This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at any given time, on a system that allows shared used of applications, on a multi-user network, or on any configuration or system of computers that allows multiple users. Multiple copy use or installation is only allowed if you obtain an appropriate licensing agreement for each user and each copy of the Software Product.

Restrictions on Transfer
Without first obtaining the express written consent of _________________, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the Software Product.

Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.

You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product.

You may not use the database portion of the Software Product in connection with any software other than the Software Product.

Restrictions on Alteration
You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Software Product. You may not reproduce the database portion or create any tables or reports relating to the database portion.

Restrictions on Copying
You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.

Disclaimer of Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY _________________, _________________ MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.

_________________ makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. _________________ makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. _________________ WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.

UNDER NO CIRCUMSTANCES SHALL _________________, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF _________________ OR ANY OTHER PARTY, EVEN IF _________________ IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS _________________’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.

Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of _________________. _________________ reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If _________________ is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.

Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by _________________ to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold _________________ harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.

Governing Law, Jurisdiction and Costs
This Agreement is governed by the laws of Delaware, without regard to Delaware’s conflict or choice of law provisions.

Severability
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
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[su_spoiler title=”Privacy Policy”]

General

lettrs, Inc. (“lettrs”) takes the private nature of your personal information very seriously. This Privacy Policy (which we adapted from a policy originally provided by Automatic (WordPress.com) describes how we treat the information we collect when you visit and use the website available at lettrs.com (the “Website”) and is made available under the Creative Commons Sharealike license. Please read this notice very carefully.

Website Visitors

Like most website operators, lettrs collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. lettrs’ purpose in collecting non-personally identifying information is to better understand how lettrs’ visitors use its Website. From time to time, lettrs may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its Website.

lettrs also collects potentially personally-identifying information like Internet Protocol (IP) addresses. lettrs does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.

Gathering of Personally Identifying Information

Certain visitors to the Website choose to interact with lettrs in ways that require lettrs to gather personally-identifying information. The amount and type of information that lettrs gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a letter at lettrs.com to provide a username and email address. Those who engage in transactions with lettrs are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, lettrs collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with lettrs. lettrs does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

lettrs does not collect personally identifiable information from children under the age of 13 without the consent of his or her guardian. If you believe that a child has provided lettrs with personally identifiable information without the consent of his or her parent or guardian, please contact us at support@lettrs. If lettrs becomes aware that a child under age 13 has provided us with personally identifiable information, we will delete such information.


Aggregated Statistics

lettrs may collect statistics about the behavior of visitors to the Website. For instance, lettrs may monitor the most popular letters on the lettrs.com site to help identify spam. lettrs may display this information publicly or provide it to others. However, lettrs does not disclose personally-identifying information other than as described below.


Protection of Certain Personally-Identifying Information

lettrs discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on lettrs’ behalf or to provide services available at the Website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the Website, you consent to the transfer of such information to them. In addition, in some cases we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if lettrs or substantially all of its assets were acquired, or in the unlikely event that lettrs goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of lettrs may continue to use your personal and non-personal information only as set forth in this policy. Otherwise, lettrs will not rent or sell potentially personally-identifying and personally-identifying information to anyone.

Other than to its employees, contractors and affiliated organizations or as described above, lettrs discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when lettrs believes in good faith that disclosure is reasonably necessary to protect the property or rights of lettrs, third parties or the public at large. If you are a registered user of the lettrs Website and have supplied your email address, lettrs may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with lettrs and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. lettrs takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

You should also be aware that if you submit information to “chat rooms,” “forums” or “message boards” such information becomes public information, meaning that you lose any privacy rights you might have with regards to that information. Such disclosures may also increase your chances of receiving unwanted communications.

For users outside the United States, please note that any personally-identifiable information you enter into the Website will be transferred out of your country and into the United States. You consent to such transfer through your use of the Website. You also warrant that you have the right to transfer such information outside your country and into the United States.


Links to Third Party Sites

This Privacy Policy only applies to information collected by lettrs. This Privacy Policy does not apply to the practices of companies that lettrs does not own or control, or employees that lettrs does not manage. The Website contains links to third party websites. Any information you provide to, or that is collected by, third-party sites may be subject to the privacy policies of those sites, if any. We encourage you to read such privacy policies of any third-party sites you visit. It is the sole responsibility of such third parties to adhere to any applicable restrictions on the disclosure of your personally-identifying information, and lettrs and its affiliates shall not be liable for wrongful use or disclosure of your personally-identifying information by any third party.


Protection of Certain Personally-Identifying Information

lettrs discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on lettrs’ behalf or to provide services available at the Website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using the Website, you consent to the transfer of such information to them. In addition, in some cases we may choose to buy or sell assets. In these types of transactions, user information is typically one of the business assets that is transferred. Moreover, if lettrs or substantially all of its assets were acquired, or in the unlikely event that lettrs goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of lettrs may continue to use your personal and non-personal information only as set forth in this policy. Otherwise, lettrs will not rent or sell potentially personally-identifying and personally-identifying information to anyone.

Other than to its employees, contractors and affiliated organizations or as described above, lettrs discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when lettrs believes in good faith that disclosure is reasonably necessary to protect the property or rights of lettrs, third parties or the public at large. If you are a registered user of the lettrs Website and have supplied your email address, lettrs may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with lettrs and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. lettrs takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

You should also be aware that if you submit information to “chat rooms,” “forums” or “message boards” such information becomes public information, meaning that you lose any privacy rights you might have with regards to that information. Such disclosures may also increase your chances of receiving unwanted communications.

For users outside the United States, please note that any personally-identifiable information you enter into the Website will be transferred out of your country and into the United States. You consent to such transfer through your use of the Website. You also warrant that you have the right to transfer such information outside your country and into the United States.


Security

All non-personally-identifying information, potentially personally-identifying and personally identifying-information described above is stored on restricted database servers.


Choice/Opt-out

If we ever send you information by e-mail concerning new products, services or information that you did not expressly request, we will provide you with an e-mail address by which you may request no further notices.


Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. lettrs uses cookies to help lettrs identify and track visitors, their usage of the lettrs Website, and their Website access preferences. lettrs visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using the lettrs Website, with the drawback that certain features of lettrs’ Website may not function properly without the aid of cookies.

Address Book Data

Any external address book data (email contacts, etc.) that a user voluntarily gives lettrs access to will only be used for the described feature (looking up friends, sending physical letters, etc.), and will not be stored or repurposed.

Privacy Policy Changes

Although most changes are likely to be minor, lettrs may change its Privacy Policy from time to time, and in lettrs’ sole discretion. If we do then we’ll notify you by posting the amended policy on the Website or by emailing you of the nature of the modifications along with a link to the modified document so that you can review it. In all cases, use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected.

Review and Access

Upon your request, we will provide you with a summary of the information we collect about you. You will have the opportunity to correct, update, modify or delete this information by sending an e-mail to support@lettrs. Please note that some information may remain in our records after deletion of your account.

Contact Us

If you have any questions about this policy or our site in general, please contact us at support@lettrs.

A Clear Refund Policy

lettrs Refund Policy is simple: If you don’t feel the purchased lettrs delivery service suits your needs – you can change it or get refunded. Please email refund@lettrs to open a ticket, and give details on the order. If you change your mind (for any reason) – you get refunded. If we did not yet process your paper letter send request, you can cancel your order for a full refund. Again, please send an email to refund@lettrs If any charge to your card doesn’t not seem accurate, or is an error, a full refund will be processed.

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[su_spoiler title=”Acceptable Use Policy
“]

Acceptable Use Policy

lettrs provides a platform to create, enhance, deliver, and share letters you love. To keep lettrs running smoothly for all of our Users, you agree that you will use the Service only in a manner consistent with the following Acceptable Use Policy.

You agree not to engage in any of the following prohibited activities:

  • Request, collect or store username, password, token or any other account authentication information from other users; or
  • Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy
  • lettrs reserves the right, but is not obligated, to remove any User Content for any reason or for no reason, including User Content that lettrs believes violates this Acceptable Use Policy or its Terms of Service. lettrs may also permanently or temporarily terminate or suspend a User account without notice and liability for any reason, including if, in lettrs’ sole determination, a User violates any provision of this Acceptable Use Policy, our Terms of Service, or for no reason.

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    [su_spoiler title=”Terms of Service”]

    General

    Welcome to lettrs! lettrs is an online and mailing service that allows you to create online letters and organize and share beautiful letters you find throughout life. lettrs lets you create your own visual collections or “Fridges,” and view and follow other Fridges, on lettrs (the “Site”), on our application for mobile devices (the “Mobile Software”), and through third party applications. We call the services available on the Site, whether accessed directly, or through the Mobile Software or such third party applications, the “Service(s).” The lettrs Service is provided by lettrs LLC., however, we will refer to our company and Service as “lettrs” to keep things simple. Like all online services, we need to have a Terms of Service (“Terms”). Please read these Terms carefully, and email us at support@lettrs.com if you have any questions. By accessing or using the lettrs Service, you agree to be bound by these Terms and by our Privacy Policy, whether or not you are a registered user of our Service. These Terms apply to all visitors, registered users, and others who access the Service (“Users”).

    1. Sharing Your Letters

    Your content. lettrs allows you to create and post content on the Service, including letters, photos, comments, and other materials. Anything that you place on a Fridge, post, create, or otherwise make available on our Service, including all Intellectual Property Rights (defined below) in such content, is referred to as “User Content.” You retain all of your rights in all of the User Content you post to our Service. After all, they are your letters. How lettrs and other users can use your content. Subject to any applicable account settings you select, you grant us permission to display, re-arrange, and distribute your User Content on lettrs for the purposes of operating and providing the Service(s) to you and to our other Users. Please remember that the lettrs Service is a public platform, and that other Users may search for, see, and/or use any User Content that you make publicly available through the Service. How long we keep your Letters: These are your letters. Following termination or deactivation of your account, or if you remove any User Content from your account or your boards, lettrs may retain your User Content only for a commercially reasonable period of time for backup, archival, or audit purposes. Your responsibility for your content: To lettrs and our community. lettrs provides a creative and positive place for you to discover and write letters. To keep it that way, we ask that you review and agree to abide by our lettrs etiquette. We must also insist that you only use our Service in a manner that is consistent with the lettrs Acceptable Use Policy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the lettrs Acceptable Use Policy. Please — be a good citizen on lettrs, and always respect our Service and its Users. To third parties. lettrs values and respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree that any User Content that you post to the Service does not and will not violate any law or infringe the rights of any third party, including without limitation any Intellectual Property Rights (defined below), publicity rights or rights of privacy. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or the lettrs Acceptable Use Policy. It is important that you understand that you are in the best position to know if the letters you post are legally allowed. We therefore ask that you please be careful when deciding whether to make User Content available on our Service, including whether you can post user letters on your Fridge. To learn more about copyright and fair use, please click here for some links to useful third party resources. Definition of Intellectual Property Rights. When we refer to “Intellectual Property Rights” in these Terms, we mean all patent rights; copyright rights; moral rights; rights of publicity; trademark, trade dress and service mark rights (and associated goodwill); trade secret rights; and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction. Feedback you provide: We value hearing from our Users, and are always interested in learning about ways we can make lettrs more wonderful. You may choose to or we may invite you to submit comments, ideas or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction; your disclosure will not place lettrs under any fiduciary or other obligation; and we are free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to you. By acceptance of your submission, lettrs does not waive any rights to use similar or related Feedback previously known to lettrs, or developed by its employees, or obtained from sources other than you.

    2. lettrs™ Content

    lettrs Content. Except for User Content, the Service itself, all letters and other subject matter included on or within the Service, and all Intellectual Property Rights in or related to the Service or any such content or other subject matter (“lettrs Content”) are the property of lettrs and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit the lettrs Content without our permission. Our license to you. Subject to the terms and conditions of these Terms and our Acceptable Usage Policy, we grant you a license to use the Service, including accessing and viewing lettrs Content, for your personal, noncommercial use to allow you to create, share, and distribute letters, as expressly permitted by the features of the Service. lettrs may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, lettrs reserves all other rights and no other rights are granted by implication or otherwise.

    3. Copyright Policy

    lettrs has adopted and implemented the lettrs Copyright Policy in accordance with the Digital Millennium Copyright Act. For more information, please read our Copyright Policy.

    4. Using lettrs™

    You may use the Service only if you can form a binding contract with lettrs, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under the age of 13 is strictly prohibited. Because we respect the lettrs community, the Service is not available to any Users previously removed from the Service by lettrs. lettrs accounts. Creating an account with lettrs gives you access to the Services in our sole discretion. We may maintain different types of accounts for different types of Users. If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. By connecting to lettrs with a third-party service (e.g., Facebook or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For more information on the types of information we collect from these third-party services, please read our Privacy Policy. You agree not to use user names or post letters that are offensive, obscene, or harassing to others. We reserve the right to require you to change your user name or remove a letter at any time and for any reason in our sole discretion. Terminating your account. You may close your account at any time by sending an email to support@lettrs.com. We may permanently or temporarily terminate or suspend your User account or access to the Service for any reason, without notice or liability to you, including if in our sole determination you violate any provision of our Acceptable Use Policy or these Terms, or for no reason. Upon termination of your use of the Service, you continue to be bound by Sections 1b (How lettrs and other users can use your content), 1c (How long we keep your content), 1e (Feedback you provide), 1f (Definition of Intellectual Property Rights), 2a (lettrs Content), 3 (Copyright Policy), 4c (Terminating your account), 4f (Your interactions with other Users), and 6 through 12 (inclusive) of these Terms. For information about how your User Content will be handled after any termination of your account, please see the “How long we keep your content” section above. Your responsibility for your account. When you create your lettrs account, you must provide us with accurate and complete information. Please be sure to provide us with up to date contact information for you so we know how to reach you. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You are solely responsible for the activity that occurs on your account, and you agree to keep your account login and password secure. You must immediately notify lettrs of any compromise of your credentials you become aware of and any unauthorized use of your account. Changes to the Service. Here at lettrs, we’re always innovating and finding ways to provide our Users with new and innovative features and services. Therefore, we may, without prior notice, change the Service; add features, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. Your interactions with other Users. Please keep in mind that you are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. lettrs will have no liability for your interactions with other Users, or for any User’s action or inaction. Please help to make lettrs a positive and respectful community.

    5. Privacy and Security

    We care about the privacy and security of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your Personally Identifiable Information collected, used, transferred to and processed in the United States. While we work to protect the security of your content and account, lettrs cannot guarantee that unauthorized third parties will not be able to defeat our security measures. You acknowledge that you provide your information at your own risk.

    6. Third-party Links, Sites, and Services

    The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by lettrs. lettrs does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that lettrs will have no liability arising from your use of or access to any third-party website, service, or content.

    Indemnity

    You agree to indemnify and hold harmless lettrs and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), arising out of or in any way related to (i) your access to or use of the Services or lettrs Content, (ii) your User Content, or (iii) your breach of any of these Terms.

    8. Disclaimers

    THE SERVICES, INCLUDING WITHOUT LIMITATION ALL CONTENT AND OTHER SUBJECT MATTER INCLUDED WITHIN THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, lettrs SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. lettrs takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your AND OTHER USERS’ online distribution and publication of your AND THEIR User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

    9. Limitation and Liability

    YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES, lettrs CONTENT, AND USER CONTENT REMAINS WITH YOU AND YOU USE THE SERVICES AT YOUR OWN RISK. YOU AGREE THAT NEITHER lettrs NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT, lettrs CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT lettrs HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL lettrs’S AGGREGATE LIABILITY, OR THAT OF ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, USER CONTENT OR lettrs CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN lettrs AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR CERTAIN WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. The Service is controlled and operated from its facilities in the United States. lettrs makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable national, state, local or other laws, statutes, directives, rules, regulations, and all interpretations or orders of any government, administrative or regulatory authority or court, including but not limited to those related to export and import of software, technical information or services. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

    10. Arbitration and Governing Law

    For any dispute you have with lettrs, you agree to first contact us at support@lettrs.com and attempt to resolve the dispute with us informally. In the unlikely event that lettrs has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and lettrs agree otherwise, the arbitration will be conducted in the county where you reside. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that lettrs will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND lettrs ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Governing Law. You agree that: (i) the Service shall be deemed solely based in Connecticut; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over lettrs, either specific or general, in jurisdictions other than Connecticut. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. We each agree to submit to the personal jurisdiction of a state court located in Hartford County, Connecticut or the United States District Court for Central Connecticut, for any actions for which either party retains the right to seek injunctive or other equitable relief, as further described in the Arbitration provision above.

    11. General Terms

    Notification Procedures and changes to these Terms. lettrs may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, “push” mobile notification, written or hard copy notice, or through posting of such notice on our website, as determined by lettrs in our sole discretion. lettrs reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms and our Privacy Policy. lettrs may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change the Terms in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or to any future Terms of Service, do not use or access (or continue to access) the Service. lettrs is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by lettrs without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. Restricted Rights. If the Service, is being acquired on behalf of the United States Government, then the following provision applies: This is commercial computer software. If acquired by or on behalf of an agency, department, or other entity of the United States Government (“Government”), the use, duplication, reproduction, release, modification, disclosure, or transfer (“use”) of this software, and any related documentation of any kind, including technical data or manuals no matter how received by the Government, is restricted by the terms and conditions of a license agreement in accordance with Federal Acquisition Regulation 12.212 for civilian agencies, and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies. All other use is prohibited. Export Control. Any software or technology obtained from lettrs through the Service, including the Mobile Software, originates in the United States, and is subject to United States export laws and regulations. Such software and technology may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, software and technology obtained from lettrs may be subject to the import and export laws of other countries. It is your responsibility to comply with all U.S. and foreign export and import laws and regulations. Entire Agreement/Severability. These Terms, together with any amendments and any additional agreements you may enter into with lettrs in connection with the Service, shall constitute the entire agreement between you and lettrs concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No Waiver. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and lettrs’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Contact. Please contact us at support@lettrs.com with any questions regarding these Terms. These Policies & Terms were last modified on July 27, 2013.

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