Terms of Service

Last updated: June 20, 2023

OVERVIEW
This website is operated by Words From You. Throughout the site, the terms “we”, “us” and “our” refer to Words From You. Words From You offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

"Words From You" (hereafter referred to as the "Service") is a provision that enables users to compose and schedule the delivery of physical letters at a future date ("The Future Method") or based on the users' online activity status ("The Check-In Method").

By visiting our site and/ or purchasing something from us, you engage in our with our Service and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: https://www.wordsfromyou.com/pages/refund-policy
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - SERVICE METHODOLOGY
The user orders their product and will receive selected stationery along with a pre-paid return mailer. The user must take the following steps to successfully utilize the service:

Complete the letter writing process and secure the envelope with the provided security seal tape. Any tampering with the security seal tape may result in the letter being returned to the sender. If tampering occurs, the user should notify the Service to arrange for a replacement seal and envelope.
Input the recipient's name and address via the user's account interface on the "my letters" page, matching the correct details to the letter number found on the top right corner of the envelope. Any error in this step may result in the letter being delivered to the incorrect recipient.

Mail the completed letter back to the Service. An email confirmation will be sent upon receipt. The use of the provided envelope is essential, as each one bears a unique letter number linked to the user's account and respective letter.

The Future Method
For users opting for "The Future Method," a "date to be sent" must be selected through their account settings. Without this information, the Service will not be able to schedule the delivery of their letter.

Check-In System
For the 'Check-In Method', upon receipt of Your letter, Your account’s check-in settings are enabled in a paused state. You will need to log in and unpause these settings to commence service. Your check-in settings are configurable. You can manually check-in by logging into Your account or clicking the link in our reminder emails. You don't have to wait for a reminder to check-in. Check-in reminders are sent only if there has been no recent activity detected on Your account. Activity includes logging into Your account or visiting Your unique check-in link.

Check-in settings have two configurable options:

Set frequency of reminders (1 day-12 months interval).
Set the number of missed reminders before Your letters are sent (3-14 reminders).

Frequent logins or activity on the site within the configured timeframe can bypass the check-in reminders. You are responsible for ensuring Our emails do not end up in Your spam folder. If You suspect not receiving our emails, please contact Us promptly.

If You fail to check-in, each missed reminder is considered a 'miss'. A 'miss' is defined as a lapse of the specified period without any login, or access to the check-in link or account page. Exceeding the chosen number of misses results in the letters being prepared for dispatch. Users will be notified via email at this stage. It is the user's responsibility to understand this system and to communicate any difficulties or changes required to the Service.

Please set a generous timeframe for Your check-in settings to avoid early dispatch of Your letters due to unexpected circumstances.

Your account features a 'Pause' function. When activated, all letters set for the 'Check-In Method' will be held, and no reminders will be sent. Letters will remain on hold until Your account is unpaused. After unpausing, the system will resume normal operation.

Please note, We do not guarantee the uninterrupted or error-free operation of the check-in system. It is Your responsibility to understand the system and to inform us promptly if You encounter any issues or if You wish to prevent the dispatch of Your letters.

SECTION 7 - LETTER CONTENT GUIDELINES
Your use of our services and the content of your letters must abide by the following guidelines:

Age Restriction: Users must be over 13 years of age unless the service is being utilized under the supervision of a teacher, guardian, or site administrator.
Lawful Use: The service must not be used for unlawful, fraudulent, or otherwise tortious purposes, and must not violate any applicable local, state, national, or international law.
Respect for Others: Your letters must not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others. Respect for the recipient, their friends, and family is imperative.
No Objects Allowed: Only written or printed letters or cards are allowed. Do not include physical objects in your letters.
No Impersonation: Impersonating any person or entity, falsely stating or misrepresenting your affiliation with a person or entity is strictly prohibited.
Content Restrictions: Your letters must not contain content that is untrue, fraudulent, misleading, inappropriate, likely to cause distress, culturally insensitive, unlawful, threatening, abusive, hateful, profane, defamatory, obscene, immoral, pornographic, offensive, violent, provocative, or otherwise objectionable. Discriminatory content or hate speech based on religion, gender, sexual orientation, race, ethnicity, age, or disability is strictly forbidden.
No Nuisance or Vexatious Content: Your letters should not be of nuisance value or vexatious in nature.
No Advertisements or Solicitations: Using your letters to advertise goods or services, solicit for sales or donations, or engage in unlawful activities such as "junk mail", "spam", "chain letters", "pyramid schemes" are not permitted without our express written approval.
Discretion on Personal Information: The amount of personal information included in the letters is at the user's sole discretion. However, we recommend not including sensitive financial information such as usernames, passwords, cryptographic keys, or bank information. We do not open letters, but we cannot guarantee the security of the information after the letter has been dispatched and is with the mail carrier, or if it is delivered to an incorrect address.

Please note that any violation of these guidelines may lead to immediate termination of your access to our services. Your use of our services signifies your agreement to abide by these guidelines.

SECTION 8 - LETTER STORAGE AND HANDLING
All letters remain unopened and confidential, barring a court-ordered directive to hand them over to authorities. If users wish to modify their letters or require information verification, letters will be returned to the sender for changes, thus concluding that particular letter's service.

The service only permits a single dispatch for each letter, either to the selected recipient or back to the user. Exceptions can be negotiated via email with our support team.

Failed deliveries due to address errors, missing letter numbers, or addresses outside the United States will result in email notification to the user about the cause of non-delivery. Any letters returned to sender will be communicated to the user accordingly.

SECTION 9 - INCLUSION OF COMPANY NOTE IN MAILINGS
By using our Service, you acknowledge and agree that in addition to the letter(s) you prepare, each mailer dispatched will contain a note from Words From You. This note serves as a communication to the recipient explaining the context of the enclosed letter and our Service.

For users of the Check-In Method, the note informs the recipient that you, as the user, have missed a designated number of check-ins and have not confirmed your well-being through our system. The note encourages the recipient to reach out to you and provides instructions if they are not familiar with you.
For users of the Future Method, a similar note will be included to explain the context of the letter's delivery.

This note is an essential part of our Service, designed to ensure clarity for recipients and facilitate communication. Words From You reserves the right to modify the content of this note as needed without prior notice to the user.

SECTION 10 - DELIVERY LIMITATIONS
Once a letter leaves our facility and is handed to the post office or any other mail carrier, it is no longer under our responsibility. We will not be liable for any damage, loss, delay, misdelivery, nondelivery, misinformation, or failure to provide information in connection with your shipment caused by events we cannot control, including but not limited to, acts of God, perils of the air, weather conditions, acts of public enemies, war, theft, strikes, civil commotions, or acts or omissions of public authorities (including customs and health officials) with actual or apparent authority.

SECTION 11 - USER CHECK-IN LIMITATIONS
We are not responsible for any damages or losses related to a user's failure to check-in. Whether a user is sick, forgets, changes their email, goes on vacation, or otherwise cannot check-in is outside our control and responsibility. Furthermore, any malfunction, failure, or non-working status of the check-in system is not our liability, and the service is provided as-is without any warranty or condition, express, implied, or statutory.

SECTION 12 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy: https://www.wordsfromyou.com/pages/refund-policy

SECTION 13 - PRIVACY AND DATA MANAGEMENT
Our service utilizes a separate database that is not affiliated with Shopify to store certain personal and service-related information provided by you, the user. This section is exclusively concerned with the information stored within our separate database, as data storage on Shopify is governed by their respective Terms of Service.

The types of information stored within our separate database include, but are not limited to:

Your Email Address: We store the email address you provide to us to facilitate communication, service notifications, and as part of the check-in process.
Your First and Last Name: This is stored for identification and service personalization purposes.
Letter Information: This includes the unique letter number, the name, and the address of the recipient. This information is vital for the successful operation of our service and to ensure that your letters are dispatched to the correct address.

Please note that this separate database does not store sensitive information such as your passwords or credit card information. Furthermore, your billing address or personal address (except the address provided for the letters) is not stored within this separate database.

Our database also stores your check-in configuration settings, to facilitate the functioning of the 'Check-In' service method.

Please refer to our Privacy Policy for comprehensive details about how we collect, use, and protect your information. Your use of our service constitutes your agreement to our data management practices as described herein and in our Privacy Policy.

SECTION 14 - INTELLECTUAL PROPERTY RIGHTS
When using our Service, you may choose to include content in your letters that is protected by copyright, trademark, or other intellectual property rights. You represent and warrant that you either own this content or have the necessary rights, licenses, consents, and permissions to use and authorize us to use such content in the manner contemplated by the Service and these Terms of Service.

User Content Ownership: All letters sent through our service remain the exclusive property of the sender. You retain all your rights to any content you submit, post or display on or through our service. We will not open, read, or copy any letters sent through our service except as required by law or in response to a valid legal request.

You also understand and acknowledge that we reserve the right, but are not obligated, to remove any content we believe, in our sole discretion, does violate these terms or any other policy we have in place. We will not be responsible or liable for the exercise or non-exercise of this right under these Terms.

In case of any infringement of third-party intellectual property rights by your content, you will be solely responsible for any legal actions or claims arising out of it. You agree to indemnify and hold us harmless against all liabilities, costs, expenses, damages, and losses, including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest, penalties, and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses suffered or incurred by us arising out of or in connection with any such claims.

SECTION 15 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 16 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 17 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 18 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 19 - TERMINATION OF SERVICE
We reserve the right to suspend or terminate your access to the Website at any time immediately without notice: (a) if we form the view there is a breach or threatened breach of these Terms by you, (b) for any other reason, or (c) for no reason. Upon any such suspension or termination, your right to use the Website and the Services will immediately cease and you will remain liable for all amounts due up to and including the date of suspension or termination. You agree that we shall not be liable to you or any third party for any termination of your access to the Website or any Service. To the maximum extent permitted at law, all provisions of these Terms which are by their nature intended to survive termination, all representations and warranties, all limitations of liability and all indemnities shall survive such suspension or termination.

Words From You reserves the right to ban any person from using the Service on the basis of past or threatened breaches of these Terms.

SECTION 20 - SERVICE DISCONTINUATION OR SUSPENSION
Words From You reserves the right to discontinue the Service in whole or in part at any time. In the event of such discontinuation, we will make reasonable efforts to notify users via the Website, social media channels, or direct email communication, as deemed appropriate. However, you understand and agree that we are under no obligation to provide such notice and we will not be liable to you or any third party for any damages or loss you may sustain due to the discontinuation or alteration of any or all parts of the Service.

SECTION 21 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 22 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Words From You, including our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, make no guarantees, representations, or warranties that your use of our Service will be uninterrupted, timely, secure, or error-free.

The results that may be obtained from the use of the Service are not guaranteed to be accurate or reliable. Please note that we may, from time to time, remove the Service for indefinite periods or cancel the Service at any time without prior notice. Your use of the Service, or inability to use the Service, is at your sole risk. Except as explicitly stated by us, the Service and all products and services delivered to you through the Service are provided 'as is' and 'as available' for your use, without any express or implied warranties or conditions of any kind, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages. This holds true whether these damages are based in contract, tort (including negligence), strict liability, or otherwise, and whether they arise from your use of the Service or any products procured using the Service, or any other claim related to your use of the Service or any product. This includes, but is not limited to, any errors or omissions in any content, or any loss or damage incurred as a result of the use of the Service or any content (or product) posted, transmitted, or made available via the Service. Our liability shall be limited to the maximum extent permitted by law if our exclusion or limitation of liability for consequential or incidental damages is not allowed in certain states or jurisdictions.

SECTION 23 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Words From You and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 24 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 25 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 26 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 27 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 28 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@wordsfromyou.com
Our contact information is posted below:

Words From You, LLC
1014 Broadway
STE 1163
Santa Monica, CA 90401