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.
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. YOUR USE OF THE SITE, ITS CONTENT AND OUR SERVCIE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT OUR SITE OR SERVICE WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE ONLINE, OPERATE ERROR-FREE OR WITHSTAND HACKER ATTACKS. WE DO NOT GUARANTEE THAT YOU WILL BE ACCEPTED TO THE SCHOOL OF YOUR CHOICE OR THAT YOU WILL GET A JOB YOU APPLIED FOR. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.b. We do not guarantee that the information provided on the Site is complete, accurate or up-to-date. You are responsible for implementing sufficient procedures to satisfy your particular requirements for the safety of your personal information, anti-virus protection and accuracy of data input and output. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICE LINKED TO IT.
8. Limitation of Liability
IN NO EVENT WILL WE, OUR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. IN NO EVENT WILL OUR MAXIMUM LIABILITY EXCEED ONE HUNDRED US DOLLARS ($100US). NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION.
9. Indemnity:
You agree to defend, indemnify, and hold harmless the Company, its owners, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
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.
13. Governing Law and Jurisdiction
These Terms of Use shall be governed by the laws of Texas, without regard to its conflict of law principles that would result in application of any other law. You agree to submit to the jurisdiction of any state or federal court sitting in Houston, TX in any action or proceeding arising out of or relating to these Terms. You waive any defense of inconvenient forum to the maintenance of any action or proceeding so brought and waive any bond, surety, or other security that might be required of us.
14. Changes to the Terms of Use
We update these Terms of Use every once in a while as we deem appropriate, without notifying you. We then post the changes on this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Site following the posting of revised Terms of Use constitutes your acceptance of the changes.