TERMS OF SERVICE

TERMS OF SERVICE

PRINT TERMS OF SERVICE
PRINT TERMS OF SERVICE

Last Updated: October 19, 2015

 

Welcome to the Last Letter website and related features and services (collectively, “Website”) that is owned by Last Letter, LLC (“Last Letter,” “we,” “our” and “us”).

 

We encourage you to go to support.lastltr.com if you have any questions or need assistance with using Last Letter.

 

BY USING OUR WEBSITE YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE (“TERMS”) AND OUR PRIVACY POLICY. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS ARE BINDING ON YOUR HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS. IF YOU DO NOT AGREE TO THESE TERMS AND OUR PRIVACY POLICY, YOU MAY NOT USE THIS WEBSITE OR OUR SERVICES. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.

 

LAST LETTER IS NOT A LAW FIRM OR A SUBSTITUTE FOR AN ATTORNEY. WE CANNOT PROVIDE ANY KIND OF ADVICE, OPINION OR RECOMMENDATION ABOUT POSSIBLE LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OF FORMS OR STRATEGIES. WE ENCOURAGE YOU TO CONSULT WITH AN ATTORNEY OF YOUR CHOICE REGARDING ALL LEGAL MATTERS.
YOU AGREE THAT ANY AND ALL DISPUTES DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THE TERMS, PRIVACY POLICY, THE WEBSITE OR OUR SERVICES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO THE TERMS, PRIVACY POLICY, THE WEBSITE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION FIRST ARISES.

 

Claims. Any claim arising out of or relating to the Terms, Privacy Policy, the Website, our services and the materials contained herein is governed by the laws of the State of Connecticut, without regard to its choice of law provisions. YOU CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN FAIRFIELD COUNTY, CONNECTICUT.  YOU HEREBY IRREVOCABLY CONSENT TO SUCH VENUE AND TO THE EXCLUSIVE JURISDICTION OF SAID COURTS OVER ANY DISPUTE. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event will you be entitled to recovery of any attorney’s fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.

 

Account Registration and Security. You understand that you will need to create an account to have access to parts of the Website. In consideration of your use of the Website, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Website's registration process and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If Last Letter suspects that your information is untrue, inaccurate, not current or incomplete, Last Letter has the right to suspend or terminate your account and refuse any and all use of the Website. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing the security measures best suited for your situation and intended use of the Website. Please note that anyone able to provide your username and password will be able to access your account so you should take reasonable steps to protect this information.  Further, if you give someone access to view your Letter on the Website or send them a copy, they will be able to print or save a copy of your Letter and may share it with others.

 

Eligibility. You may only purchase our services for personal, non-commercial use. Last Letter may refuse any order that we believe is for onward sale other than through distribution channels approved by Last Letter. Last Letter makes no representation or guarantees that the services available on the Website are appropriate or available for use in locations outside the United States, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. It is your responsibility to ascertain and obey all applicable local, state, and federal laws regarding your use of the services and this Website.

 

Services. Details of the services available for purchase are set out on the Website. All prices are displayed and charged in US dollars. All applicable sales and other taxes are in addition to the sale price. Discounts and sales prices may not be applied to previous orders. We reserve the right to shorten the duration of any special order or sales promotion. All features, content, specifications, and prices of services described or depicted on this Website are subject to change at any time without notice. The inclusion of any services on this Website at a particular time does not imply or warrant that these services will be available at any time.

 

Charges. For all charges for any services sold on the Website, Last Letter or its third-party payment processor will bill your credit card or alternative payment method offered by Last Letter. You agree to provide valid and updated payment information. In the event legal action is necessary to collect on balances due, you agree to reimburse Last Letter for all expenses incurred to recover sums due. You are responsible for the purchase of and payment of any charges for any Internet or wireless services needed for use of this Website and any and all fees charged to you by your financial institution related to the charges. The fee is based on the listed price for the service and not actual usage. Payment obligations are non-cancelable and fees paid are non-refundable. If you cancel your subscription in the middle of the subscription period, we will not issue a refund for any portion of the amount charged. Last Letter may suspend or terminate your account, in addition to other rights and remedies, if fees are past due. You must provide Last Letter with written notice of any disputed charges within ten (10) business days of the date of the charge. Notice of the dispute must provide in reasonable detail a statement of the basis for disputing the charge.

 

Promotional Codes. On occasion Last Letter may issue promotion codes that may be redeemed at the time of check out. These codes are non-transferable and may only be used by the intended recipient; these codes have no cash value and are not redeemable for cash. We reserve the right to cancel any promotion code at any time. Multiple promotional codes may not be combined. When a promotion or promotional code has been communicated to a particular individual, the email address provided during the registration must be the same. We are not responsible for any financial loss arising out of our refusal, cancellation or withdrawal of a promotion or any failure or inability to use a promotional code for any reason.

 

Copyright, Trademark and Ownership. You hereby grant to Last Letter and our affiliates a non-exclusive, transferable, perpetual, worldwide license to retain, process, use, display and disclose the information you submit to the Website for inclusion in your Letter and for use in our services. You acknowledge and agree that Last Letter may retain your information, including old versions of your Letter, beyond the term of your subscription for your future access, for access by viewers you authorize and for other legitimate reasons. Except for the information you provide us, all of the content displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations ("Content"), is owned by Last Letter, its licensors, agents or its content providers. All elements of the Website, including, without limitation, the Website’s general design, Last Letter’s trademarks, service marks, trade names (including the Last Letter’s name, logos, the Website’s name, and the Website’s design), and other Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which it is being made available. Except as may be otherwise indicated on the Website, you are authorized to view, play, print and download documents found on our Website for personal, informational, and noncommercial purposes only. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Content or the Last Letter’s trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Last Letter's prior written consent. The Website, its Content and all related rights will remain the exclusive property of Last Letter or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.

 

Unsolicited Submissions Policy. Last Letter is pleased to hear from our loyal users and welcomes your comments regarding Last Letter. If you send us any suggestions, you agree not to assert any ownership or other right of any kind in against Last Letter (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant Last Letter a non-exclusive, perpetual, worldwide license to use the submission in every way and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such submission including, but not limited to, credit. You release Last Letter (and our members, officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your submissions, including, without limitation, all claims for theft of ideas or copyright infringement.

 

Advertising Rights. Last Letter reserves the right to sell and display any advertising, attribution, links, promotional and distribution rights, and Last Letter and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate Last Letter to sell or offer to sell any advertising, promotion or distribution rights.

 

Privacy. Information collection and use, including the collection and use of personally identifiable information, is governed by our Privacy Policy which is incorporated into and is a part of these Terms.

 

Accuracy of Information. We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Website.

 

Links. Displaying this Website or any information or material displayed on this Website in frames or through similar means on another website or other online service without our prior written permission is prohibited. From time to time, this Website may contain links to third-party websites that are not owned or operated by Last Letter or its affiliates. All such links are provided solely as a convenience to you. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other websites. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

 

Inappropriate Use of the Website. You are prohibited from using the Website in any way that is unlawful, threatening, defamatory, libelous, obscene, pornographic or profane. You may not upload any material on the Website, or otherwise use the Website in any manner, that could: (i) humiliate, threaten, or injure other people or their property rights, including, but not limited to, intellectual property rights; (ii) violate the privacy or publicity rights of other individuals or entities; (iii) be considered criminal conduct or give rise to civil liability; or (iv) otherwise violate any law or these Terms. Any unauthorized use of our computer systems is a violation of these Terms. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to prevent or cure the violation, including without limitation, the immediate removal of any material you have provided to the Website and termination of your access to the Website. As set forth in our Privacy Policy, we may fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

 

Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our systems; (ii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.

 

Force Majeure. Last Letter is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, communications failures, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

 

Representations and Warranties. You affirm, represent and warrant the following: (i) you are 18 years old or older and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations herein; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, for any content you’ve provided to the Website; (iii) if necessary you have the written consent of each and every identifiable natural person to use such person’s name or likeness in the manner contemplated by the Website and these Terms; (iv) you have read, understand, agree with, and will abide by the terms and conditions of these Terms; (v) you are not an agent or representative of Last Letter; and (vi) Last Letter use of any information you have submitted as contemplated by the Terms and the Website will not infringe any rights of any third party, including but not limited to any intellectual property rights, privacy rights and rights of publicity.

 

DISCLAIMERS. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS, SERVICES PROVIDED ON, THROUGH, OR IN CONNECTION WITH THE WEBSITE OR OTHERWISE PROVIDED BY US ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FREEDOM FROM MALICIOUS CODE, OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, LAST LETTER HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE AND OUR SERVICES. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE OR ANY INFORMATION OR SERVICES WE PROVIDE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF MALICIOUS CODE OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS OR RELIABILITY OF THE WEBSITE OR ANY INFORMATION OR SERVICES WE PROVIDE, OR ANY OTHER WARRANTY. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER LAST LETTER NOR ANY OF ITS AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LAST LETTER OR THROUGH OUR WEBSITE AND SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

LIMITATIONS OF LIABILITY. LAST LETTER DOES NOT ASSUME ANY RESPONSIBILITY FOR AND WILL NOT BE LIABLE FOR ANY DAMAGES RELATED TO ANY MALICIOUS CODE THAT MAY INFECT YOUR COMPUTER, EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OR ACCESSING ANY MATERIALS FROM THE WEBSITE. IN NO EVENT WILL LAST LETTER, OR ANY OF ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION, SERVICES CONTAINED ON OR PROVIDED IN CONNECTION WITH THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT OR SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE OR THE CONTENT OR SERVICES. IN NO EVENT WILL LAST LETTER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR SUBSCRIPTION TO OUR SERVICES FOR THE LAST SIX (6) MONTHS.

 

Indemnity. You agree to defend, indemnify and hold Last Letter, each of our parent companies, subsidiaries and affiliates and the successors of each of the foregoing, and the members, officers, directors, agents, and employees of each of the foregoing, harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) your use of the Website or your placement or transmission of any information on this Website by you or your authorized users; (ii) your violation of any term or condition of these Terms, including without limitation, your breach of any of the representations and warranties; (iii) your violation of any third-party rights, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any information or material that you provide to Last Letter; or (vi) any other party’s access and use of the Website with your username and password.

 

Release. In the event that you have a dispute with another user or other party related to the Website, the Services or the content of your Letter, you release Last Letter (and our members, officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

Termination. You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for our users or us; or (d) or as otherwise provided herein or in another incorporated policy. You understand that any termination of your account, by you or us, may involve the permanent deletion of your data, including deletion of your Letter. Last Letter will not have any liability whatsoever to you for any suspension or termination, including for deletion of your data.

 

General. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent as other business documents originally generated and maintained in printed form. You will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Website.

 

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions will be enforced. You agree that these Terms and all incorporated agreements may be assigned by Last Letter in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms are the entire agreement between you and Last Letter with respects to the subject matter hereof and supersede any prior understandings or agreements (written or oral). Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, general, any perpetual license, limitations on liability, disclaimers, representations and warranties, etc) will survive the expiration or termination of these Terms.
All rights not granted herein are expressly reserved to Last Letter, LLC.

 

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