Note: You are concluding a legally binding agreement.
Purpose and Site Use
Letter To My Ex (“Letter To My Ex”, “The List”) requires that your use be both appropriate and professional, and that the User, (as applicable, “the User” being an individual, a company entity, or an individual acting on behalf of a company), use of the Site will be governed by these Terms of Service (“Terms” or “these Terms”).
Letter To My Ex is owned and operated by Rachel Smith, who may be contacted by mail: Letter To My Ex, PO Box 464 Newtown NSW 2042 Australia or email: hello@lettertomyex.com (“Letter To My Ex”)
As a User (“User” being a letter-writer of the site) and/or use of the, including any mobile applications of the Site, and other information given as part of the Letter To My Ex services (the “Services”) constitutes an acceptance of these Terms of Service as a legally binding agreement.
These Terms may be amended from time to time by the operators who will notify the User. If the User is using the Site on behalf of a company or other legal entity, the User is nevertheless individually bound by these Terms.
User Rights
As long as the User complies with these Terms, Letter To My Ex grants the User a limited, revocable, nonexclusive, nonassignable, non-sublicenseable license and right to access the Site, through a generally available web browser (but not through scraping, spidering, crawling or other technology or software used to access data), view information and use the Site and Services that we provide on our webpages and in accordance with these Terms. Any other use contrary to our purpose listed in these Terms or communicated on the Letter To My Ex Site (such as seeking to connect to someone you do not know or trust, or to use information gathered from the Site commercially) is strictly prohibited and will be considered a violation of these Terms. Letter To My Ex reserves all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Letter To My Ex and all related items, including any and all copies made of the Letter To My Ex website.
Ownership and Rights to Your Content
The User accepts that the Site owns the information the User provides to the Site under these Terms of Service. The User may request its deletion at any time under exceptional circumstances.
Additionally, Letter To My Ex has a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, now or in the future discovered, any information the User provides, directly or indirectly to the Site, including, but not limited to, any User-generated content, ideas, concepts, techniques or data to the services, the User submits to the Site, without any further consent, notice and/or compensation to the User or to any third parties. Any information the User submits to the Site is at the User’s own risk of loss as noted in these Terms.
The User represent and warrant that they are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights.
Indemnification
The User agrees to indemnify, defend, and hold Letter To My Ex harmless for all damages and costs related to all third party claims caused by the User’s use of the Site, including the User’s submission of content which may violate any third party’s rights or applicable law, and any of the User’s activity on the Site.
Availability of Service
Letter To My Ex may modify, replace, or refuse access to, suspend, or discontinue the Site. Letter To My Ex also reserves the right to remove any content posted, if in Letter To My Ex’s discretion, the content violates these Terms. Letter To My Ex has no obligation to maintain any of the information provided to the Site.
Third Party Sites and Developers
Letter To My Ex may include links to third party web sites (“Third Party Sites”). Letter To My Ex are not responsible for and do not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. If the user decides to access Third Party Sites, the user does so at their own risk and understands that these Terms do not apply to the use of any Third Party Site.
Privacy
The User should carefully read the Letter To My Ex Privacy Policy before deciding to become a User as it is hereby incorporated into these Terms by reference, and governs Letter To My Ex treatment of any information, including personally identifiable information the user submit to Letter To My Ex. The user acknowledge that their submission of any information and content to Letter To My Ex is voluntary.
Disclosure of User Information
The User acknowledges, consents and agrees that Letter To My Ex may access, preserve, and disclose information provided by the User if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in Letter To My Ex opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce these Terms; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a Letter To My Ex User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect our rights, property, personal safety, or the public. Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the Letter To My Ex privacy policy.
Disclaimer
LETTER TO MY EX AND ALL INFORMATION AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION MADE AVAILABLE THROUGH THE SERVICE OR THE SERVICE ITSELF.
LETTER TO MY EX MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY POSTINGS OR MESSAGES TO ANYONE, AND LETTER TO MY EX DOES NOT WARRANT THAT THE USER’S USE OF THE SITE AND/OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. LETTER TO MY EX MAKES NO REPRESENTATIONS AS TO THE IDENTIFICATIONS OF PERSONS USING THE SITE AND/OR SERVICES, AND LETTER TO MY EX IS NOT OBLIGED TO MONITOR USER ACTIVITY. OPERATION OF THE SITE AND/OR SERVICES MAY EXPERIENCE INTERRUPTIONS DUE TO MAINTENANCE, UPDATES, OR OTHER FAILURES, AND LETTER TO MY EX DISCLAIMS LIABILITY RESULTING FROM SUCH INTERRUPTIONS, MALFUNCTIONS, OR OTHER DISTURBANCES (E.G., INTERNET SERVICE PROVIDERS PROBLEMS).
Limitation of Liability
IN NO EVENT SHALL LETTER TO MY EX BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA AND LOST PROFITS) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, EVEN IF THE SITE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION SHALL APPLY REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
Termination Rights
The User may terminate the agreement established by these Terms, for any or no reason, at any time, by providing written notice to Letter To My Ex (including emails). By closing the User’s Letter To My Ex account, the user will no longer be able to access the Site. The termination will be effective upon the processing of the User’s notice.
Letter To My Ex may terminate the agreement set forth by these Terms and the User’s account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in Letter To My Ex notice.
Misuse of the Services
Letter To My Ex may restrict, suspend or terminate any User who abuses or misuses the Site and/or Services, which includes without limitation abusing the Letter To My Ex “write a letter” services, using the Site and/or Services for commercial gain without authorization, infringing the intellectual property rights of another, and any other behavior or conduct that, in our sole discretion, goes against the purpose of these Terms.
Governing Law
These Terms or any arising out of these Terms shall be governed by the laws of the state of NSW, Australia regardless of your country of origin or where the User accesses the Site.
The User agrees that all claims arising out of or related to the Site and Services must be resolved exclusively by a state or federal court located in NSW, Australia, except as otherwise agreed by the parties. The User agrees to submit to the personal jurisdiction of the courts located within NSW, Australia for the purpose of litigating all such claims.
Severability
If any provision of these Terms is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected in any way.
Assignment and Delegation
The User may not assign or delegate any rights or obligations granted by these Terms. Such assignment and delegation shall be ineffective. Letter To My Ex may assign or delegate all rights and obligations under these Terms.
Notices
In addition messages provided to the User’s account, Letter To My Ex may notify the User via postings on the Site. The User may contact Letter To My Ex via mail or courier at: Letter To My Ex, PO Box 464, Newtown, NSW 2042 Australia, or by email at hello@lettertomyex.com
Entire Agreement
The User agrees that these Terms constitute the entire, complete and exclusive agreement between the User and Letter To My Ex regarding the Site and Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms.
The User may be subject to additional terms and conditions that may apply when the User uses or purchases other Letter To My Ex services, third-party content or third party software.
Should the User be concerned at any time that he or she may contravene or has contravened these Terms and Conditions please contact Letter To My Ex to discuss.
