Terms of Service
1. Your Acceptance
These Terms of Use (the “Terms”) constitute a legally binding contract that governs your visits to www.LetterService.com (the “Site”). The Site is owned and operated by AmeriCareers LLC (“We,” “Us,” or “Our”). By visiting the Site, you indicate your acceptance of these Terms, as well as the Privacy Policy available at www.LetterService.com. If you disagree with any provision of the aforementioned documents, you may not visit the Site.2. Intellectual Property
- a. IP Ownership. We own all intellectual property rights to the Site. Site features, look and feel, design, registered and unregistered trademarks are protected by the U.S. and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws. Users own all intellectual property rights, if any, to user submitted content, and we do not acquire any ownership over user content.
- b. DMCA Takedown Requests. We are strongly committed to protecting the intellectual property rights of others. All claims of copyright infringement committed using our Site will be investigated if reported to our designated Copyright Agent via email: [email protected]. If we believe that any posted material violates any applicable law, we will remove or disable access to any such material and/or terminate or suspend the offending user’s account.
- c. Indemnification. We are not responsible for the content of your letters of recommendation, or for any other content submitted by you or for you. You agree to defend, indemnify and hold harmless the Site, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from your violation of these Terms of Use or your use of the Site or any content submitted by you or for you.
3. Your Obligations
By accessing the Site, you represent, warrant and agree that:- a. We may terminate any user account with or without notice using our sole reasonable discretion.
- b. You will treat your login credentials as confidential. Do not disclose them to any third party and do not allow other login to your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- c. We reserve the right to change the offerings, packages and pricing at any time.
- d. If you are not satisfied with our service, you will bring your complaints to our attention so we can have a chance to address your concerns.
- e. You will treat all Site users and administrators respectfully, online and offline.
- f. We may withdraw or change our Site in any way we deem appropriate without prior notice to you. We are not be liable if for any reason all or any part of the Site is unavailable at any time or for any period to registered users or visitors.
- g. We have the right to disable any user identification provided by our Site and disable your whole account on our Site at any time for any reason or no reason without notice or explanation.
- h. Recommenders (letter writers) agree that you authorize us to deliver your letters on your behalf upon the applicant's request. In case an institution / employer requires the letter be uploaded to their websites, you agree that their uploading instructions be sent to us. We reserve the right to refuse to deliver any letters.
4. Prohibited Conduct
You must not:- a. Use the Site for any illegal purpose, upload, post, link to, copy or republish copyrighted material without permission from the rights holder.
- b. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
- c. Transmit, or procure the sending of, any advertising or promotional material and unsolicited mass communication without our prior written consent.
- d. Access the Site to build a competing service.
- e. Introduce any viruses or other harmful material, use any device, software or routine that interferes with the proper working of the Site.
- f. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- g. Deep-link to any portion of this Site for any purpose without our express written permission.
- h. Use a false name or impersonate any other person or entity.
- i. Post or transmit to other users any defamatory, abusive, obscene, profane, offensive, threatening, harassing, racially offensive, or objectionable material. We reserve the right to judge what constitutes “objectionable” material.
- j. Otherwise attempt to interfere with the proper working of the Site or anyone’s use and enjoyment of it.
5. Payment and Refunds
- a. You must pay all sums due when due, and you agree that we may suspend or terminate your account for non-payment.
- b. If we cannot verify the recipient, we will refuse to deliver the letter of recommendation. In this case, we will cancel the order and refund the payment.
6. Monitoring and Enforcement; Termination
- We have the right to take any action that we deem necessary or appropriate if we believe that a user violates the Terms of Use, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public. We may:
- a. Fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site.
- b. Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- c. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use.
- d. Block violator’s IP address and/or notify his or her Internet Site Provider
- e. Take appropriate legal action.
7. Disclaimer of Warranty
- a. USE AT YOUR OWN RISK
YOUR USE OF THE SITE, ITS CONTENT, AND OUR SERVICES IS AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, OR THAT THEY WILL BE AVAILABLE, SECURE, ERROR-FREE, OR FREE FROM HACKER ATTACKS OR OTHER MALICIOUS ACTIVITY. WE DO NOT GUARANTEE ACCEPTANCE INTO ANY SCHOOL, EMPLOYMENT WITH ANY EMPLOYER, OR ANY OTHER OUTCOME RESULTING FROM YOUR USE OF OUR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. - b. NO GUARANTEE OF ACCURACY OR COMPLETENESS
WE DO NOT GUARANTEE THE COMPLETENESS, ACCURACY, OR TIMELINESS OF ANY INFORMATION ON THE SITE OR PROVIDED THROUGH THE SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOUR PERSONAL INFORMATION, DATA INPUT, AND DATA OUTPUT ARE ACCURATE AND ADEQUATELY PROTECTED AGAINST UNAUTHORIZED ACCESS, VIRUSES, OR OTHER TECHNOLOGICAL RISKS. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER, SOFTWARE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR SERVICES, OR YOUR DOWNLOADING OF MATERIAL FROM THE SITE OR LINKED SERVICES. - c. NO GUARANTEE OF DELIVERY OR TIMELINESS
WHILE WE MAKE REASONABLE EFFORTS TO PROCESS AND DELIVER DOCUMENTS IN ACCORDANCE WITH YOUR REQUESTS, WE DO NOT GUARANTEE THE TIMELINESS, ACCURACY, OR SUCCESSFUL COMPLETION OF SUCH DELIVERIES. YOU ACKNOWLEDGE THAT DELAYS, ERRORS, OR OMISSIONS IN THE PROCESSING OR DELIVERY OF DOCUMENTS MAY OCCUR DUE TO FACTORS BEYOND OUR CONTROL, INCLUDING BUT NOT LIMITED TO: TECHNICAL ISSUES, FORCE MAJEURE EVENTS, HUMAN ERROR, OR THIRD-PARTY SERVICE PROVIDER FAILURES (E.G., MAILING OR COURIER SERVICES). - d. LIMITATION OF LIABILITY FOR DELIVERY ISSUES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INCONVENIENCE RESULTING FROM OUR FAILURE TO DELIVER, DELAYS IN DELIVERY, OR DELIVERY TO AN INCORRECT RECIPIENT. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPACT ON YOUR APPLICATIONS TO SCHOOLS, EMPLOYERS, OR OTHER OPPORTUNITIES. YOU ARE RESPONSIBLE FOR VERIFYING THAT DOCUMENTS HAVE BEEN DELIVERED AS REQUESTED AND NOTIFYING US PROMPTLY IF ERRORS ARE IDENTIFIED. - e. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
WE SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES RESULTING FROM DELIVERY ISSUES, SUCH AS LOSS OF EMPLOYMENT, DENIAL OF APPLICATIONS, OR OTHER CONSEQUENTIAL OUTCOMES. OUR MAXIMUM LIABILITY FOR ANY FAILURE IN DELIVERY SHALL NOT EXCEED THE FEES PAID FOR THE SPECIFIC DELIVERY REQUEST IN QUESTION.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, OR ANY LINKED CONTENT. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF GOODWILL, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR OTHER INTANGIBLE LOSSES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO US FOR THE SERVICES. ANY CLAIM OR CAUSE OF ACTION ARISING FROM YOUR USE OF THE SITE OR SERVICES MUST BE FILED WITHIN SIX (6) MONTHS OF THE EVENT GIVING RISE TO THE CLAIM OR IT WILL BE PERMANENTLY BARRED.
9. Indemnity:
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS [COMPANY NAME], ITS OWNERS, EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS FROM AND AGAINST ANY CLAIMS, LOSSES, LIABILITIES, DAMAGES, EXPENSES, OR COSTS (INCLUDING REASONABLE ATTORNEY'S FEES) ARISING OUT OF OR RELATED TO:
YOUR VIOLATION OF THESE TERMS OF SERVICE,
YOUR USE OF THE SITE OR SERVICES, OR
YOUR INFRINGEMENT OF ANY RIGHTS OF A THIRD PARTY, INCLUDING BUT NOT LIMITED TO INTELLECTUAL PROPERTY RIGHTS OR PRIVACY RIGHTS.
WE WILL PROMPTLY NOTIFY YOU OF ANY SUCH CLAIM AND MAY PARTICIPATE IN ITS DEFENSE. HOWEVER, YOUR INDEMNIFICATION OBLIGATIONS SHALL NOT BE CONDITIONED ON OUR PARTICIPATION IN THE DEFENSE OF SUCH CLAIMS.
10. Linking to the Site
- a. You may link to our Site in a way that is legal, fair and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- b. You must not establish a link from any website that is not owned by you.
- c. You cannot frame our Site on any other site.
- d. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
11. Assignment
You may not assign your rights and obligations under these Terms of Use without our prior written consent. We may transfer, assign or subcontract the rights, interests or obligations under the Terms of Use, at our sole discretion, without obtaining your consent.12. Severability and Non-Waiver
- a. Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
- b. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.