Welcome to FriendsWithPens.com, a website that connects adults at least 18 years of age with inmates and free world citizens. FriendsWithPens.com is operated by The Lighthouse Resource Center. By using or accessing FriendsWithPens.com, you agree that you have read, understand and are bound by these Terms of Service ("Terms") and are at least 18 years of age if you are writing an inmate. We reserve the right, at our sole discretion, to edit or remove portions of these Terms at any time without further notice. These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of FriendsWithPens.com.
Advertiser Dealings
Your correspondence, business dealings, and transactions with advertisers found on or through FriendsWithPens.com are solely between you and said advertisers. This includes participation in promotions and special offers and includes payment for related goods or services and any other terms, conditions, warranties or representations associated with such transactions. You agree that FriendsWithPens.com shall be held blameless and is not responsible or liable for any loss, damage, or injury of any sort incurred as the result of any such dealings or as the result of the presence of such said advertisers.
Arbitration
Except as set forth in the paragraph below, you agree that all claims and disputes between you and FriendsWithPens.com that arise out of or relate in any way to the Terms or your use of FriendsWithPens.com will be resolved either by (a) binding arbitration by a single arbitrator in Sutter County, CA or (b) binding non-appearance based arbitration conducted by telephone, online or based solely on written submission. Such arbitration will be administered by Judicial Arbitration and Mediation Services ("JAMS") (see www.jamsadr.com) pursuant to its Comprehensive Arbitration Rules. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.
With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.
Disclaimer
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
USE OF FRIENDSWITHPENS.COM IS AT YOUR OWN RISK. ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH FRIENDSWITHPENS.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FRIENDSWITHPENS.COM, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, FRIENDSWITHPENS.COM, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE FRIENDSWITHPENS.COM SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE FRIENDSWITHPENS.COM SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FRIENDSWITHPENS.COM IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH FRIENDSWITHPENS.COM COLLECTIVELY, ("THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK, AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
FRIENDSWITHPENS.COM AND ALL OF ITS ASSOCIATES ACCEPT NO RESPONSIBILITY FOR THE TRUTH OR ACCURACY OF ANY STATEMENT MADE BY ADVERTISERS, RESPONDENTS AND INMATES. WE STRONGLY RECOMMEND THAT YOU TAKE APPROPRIATE SAFEGUARDS WHEN CORRESPONDING WITH INMATES THAT YOU MEET THROUGH FRIENDSWITHPENS.COM. IN RESPONDING TO AN INMATE'S PROFILE, YOU AGREE TO HOLD FRIENDSWITHPENS.COM AND ITS OWNERS, EMPLOYEES AND AGENTS HARMLESS FROM ALL COSTS, LIABILITIES, DAMAGES AND ATTORNEY FEES, RESULTING FROM OR CAUSED BY ANY REPLY TO SUCH ADVERTISEMENTS. YOU MUST BE AT LEAST 18 YEARS OF AGE TO ENTER THIS SITE.
INMATES, IN CHOOSING TO PLACE A PROFILE WITH FRIENDSWITHPENS.COM, MUST UNDERSTAND THAT THEY AND OTHER PROVIDERS OF INFORMATION ARE THE PUBLISHERS OF THE INFORMATION CONTAINED IN FRIENDSWITHPENS.COM. WE ARE NOT THE PUBLISHERS OF SUCH INFORMATION, WE SIMPLY PROVIDE THE SPACE FOR THE INMATE TO PLACE A PROFILE. IN NO EVENT WILL FRIENDSWITHPENS.COM BE RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGE ARISING FROM OR RELATING TO THE USE OF THESE SERVICES. POTENTIAL PEN PALS ARE ENCOURAGED TO VERIFY INFORMATION ABOUT INMATES THROUGH ADDITIONAL SOURCES. CORRECTIONAL FACILITIES CAN BE CONTACTED DIRECTLY. "BOOK MARKING" OR "LINKING" TO A PAGE ON THIS SERVER/SITE WHEREBY THIS WARNING PAGE IS BY-PASSED SHALL CONSTITUTE AN IMPLICIT ACCEPTANCE OF THE FOREGOING TERMS OF SERVICE HEREIN SET FORTH.
Disputes & Complaints
You agree not to hold FRIENDSWITHPENS.COM responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to FRIENDSWITHPENS.COM. This includes transactions conducted on FRIENDSWITHPENS.COM as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to FRIENDSWITHPENS.COM, you hereby release FRIENDSWITHPENS.COM and its directors, officers, employees and agents (collectively, the " FRIENDSWITHPENS.COM Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
If you believe that FRIENDSWITHPENS.COM or FRIENDSWITHPENS.COM's business practices are in any way unfair, fraudulent or unlawful, you agree to bring your concern to the attention of FRIENDSWITHPENS.COM's legal department. If you do not report the concern or continue using the service after discovering the issue, you expressly waive the right to claim that FRIENDSWITHPENS.COM is unfair, fraudulent or unlawful with respect to said practice.
Form, E-mail, Postal Mail, Etc. Submission
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to FRIENDSWITHPENS.COM ("Submissions"), are non-confidential and non-proprietary. FRIENDSWITHPENS.COM will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Governing Law
You agree that all claims and disputes between you and FRIENDSWITHPENS.COM that arise out of or relate in any way to the Terms or your use of FRIENDSWITHPENS.COM will be governed by the laws of the State of California (and United States federal laws applicable therein), without regard to principles of conflict of laws. You further agree that you will bring any claims or disputes that are not subject to arbitration (as set forth above) in, and you submit to the exclusive jurisdiction of, the state and federal courts located in Sutter County, CA or nearest to Sutter County, CA.
Indemnity
You agree to indemnify and hold FRIENDSWITHPENS.COM Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of FRIENDSWITHPENS.COM or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. FRIENDSWITHPENS.COM reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify FRIENDSWITHPENS.COM, and you agree to cooperate with FRIENDSWITHPENS.COM's defense of these Claims.
Internet Provider (IP) Complaints
We respect the IP rights of others and we prohibit users from Posting User Content that violates another party's IP rights. When we receive a proper claim of IP infringement, we promptly remove or disable access to the allegedly infringing User Content. We also terminate the accounts of repeat infringers in appropriate circumstances. If you believe that User Content on FRIENDSWITHPENS.COM infringes your IP rights, please contact us. If you are a user whose User Content was removed due to alleged copyright infringement, and you believe the removal was mistaken, please contact us.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL FRIENDSWITHPENS.COM ENTITIES OR THEIR LICENSORS OR SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE FRIENDSWITHPENS.COM, THE FRIENDSWITHPENS.COM WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH FRIENDSWITHPENS.COM, EVEN IF FRIENDSWITHPENS.COM OR A FRIENDSWITHPENS.COM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, FRIENDSWITHPENS.COM'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF FRIENDSWITHPENS.COM ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF FRIENDSWITHPENS.COM, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF FRIENDSWITHPENS.COM (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO FRIENDSWITHPENS.COM DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.
Member/Use Eligibility
You may not use FRIENDSWITHPENS.COM if you are under 18 years of age. This restriction applies to inmates and viewers alike. Viewers under the age of 18 attempting to access FRIENDSWITHPENS.COM will be reported to their Internet Providers.
Ownership; Proprietary Rights
Except for User Content and Applications/Connect Sites, all materials, content and trademarks on FRIENDSWITHPENS.COM are the property of FRIENDSWITHPENS.COM and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Without limiting the foregoing, FRIENDSWITHPENS.COM, FRIENDSWITHPENS.COM LOGO and all related logos, are trademarks of FRIENDSWITHPENS.COM. Except as expressly authorized by FRIENDSWITHPENS.COM in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.
Personal Account Security
When you register for and use FRIENDSWITHPENS.COM, you will be asked to provide information about yourself ("User Data"). Your User Data must be accurate and current at all times. You are solely responsible for maintaining the security of your account. This means, for example, that you may not share your password or let anyone else access your account. If you have reason to believe that your account is no longer secure, please contact us.
Privacy Policy
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate, disclose and make use of personal information.
• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfillment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and current.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
• Google, as a third party vendor, uses cookies to serve ads on your site.
• Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet.
• Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
Prohibited Behavior
By using or accessing FRIENDSWITHPENS.COM, you represent, warrant and agree that you will not:
• do anything that could disable, overburden or impair the proper working of FRIENDSWITHPENS.COM;
• use any robot, spider, scraper or other automated means to access FRIENDSWITHPENS.COM;
• send spam or any other unauthorized advertisements or solicitations through or using FRIENDSWITHPENS.COM;
• harvest, collect or use addresses, phone numbers or email addresses or other contact information (collectively "Contact Information") of users of FRIENDSWITHPENS.COM without consent from such users;
• solicit private information (including social security numbers, credit card numbers and passwords) from users of FRIENDSWITHPENS.COM;
• provide any false personal information in your profile, create more than one profile, transfer your profile, create a profile for anyone other than yourself except in cases of placing a profile for an inmate or create a page without authorization;
• use your profile (as opposed to a Page) for any commercial purpose;
• intimidate or harass any user;
• do anything that is illegal, infringing, fraudulent, malicious or could expose FRIENDSWITHPENS.COM or FRIENDSWITHPENS.COM users to harm or liability; or
• attempt, encourage or facilitate any of the above.
Termination & Changes
We may terminate your account on FRIENDSWITHPENS.COM, delete your profile and any User Content you have posted on or through FRIENDSWITHPENS.COM, and/or prohibit you from using or accessing FRIENDSWITHPENS.COM (or any portion thereof) for any or no reason, at any time at our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of FRIENDSWITHPENS.COM at any time without notice. The following sections will survive any termination of your use of FRIENDSWITHPENS.COM: Prohibited Conduct, User Content, Your Privacy Practices, Gift Credits, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to FRIENDSWITHPENS.COM, Arbitration, Governing Law; Venue and Jurisdiction and Other.
Unsolicited Inmate Mail
Inmates receiving legitimate mail is our primary objective. However, this does not include 'spam' mail from other services. This website is designed to connect prisoners with people on the outside where both parties seek friendship or the desire to pursue a relationship. This website also provides a way for people on the outside to assist with prisoners' legal and employment matters. Should you send unsolicited mail ('spam') to the prisoners on this site, you confirm that you are 1) breaking the law, and 2) hindering what might be a tenuous relationship between the prisoners and their wardens. Prison mail rooms handle large quantities of legitimate mail; most 'spam' mail is returned to the sender and classified as "not allowed." If you are in possession of helpful information to share with inmates, then please, contact us first. We may be willing to include it in our newsletter or our resource directory. If you violate this portion of our Terms, you will be prosecuted to the fullest extent of the law and restitution will be sought.
User Content
By using or accessing FRIENDSWITHPENS.COM, you represent, warrant and agree that you will not post:
• User Content that violates the law or anyone's rights, including intellectual property rights or other proprietary rights (such as rights of publicity and privacy);
• any Contact Information or private information of any third party;
• false, misleading or fraudulent information;
• any material that contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer or telecommunications equipment;
• User Content that is threatening, hateful, racially or ethnically offensive, or that depicts nudity, pornography or graphic or gratuitous violence, or anything else that we may consider offensive.
FRIENDSWITHPENS.COM does not pre-screen, review, edit or approve any User Content except where otherwise noted. FRIENDSWITHPENS.COM may, at its sole discretion, remove or disable access to any User Content.
"User Content" means any photos, text, link, audio, video, designs, ads and anything else that you Post on or through FRIENDSWITHPENS.COM. "Post" means to upload, post, transmit, share, store, link to or otherwise make available on or through FRIENDSWITHPENS.COM.
Your Privacy Practices
If you collect, access or use information relating to any user of FRIENDSWITHPENS.COM (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not FRIENDSWITHPENS.COM.
Our Commitment To Privacy
Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.
The Information We Collect:
This notice applies to all information collected or submitted on the [company name] website. On some pages, you can order products, make requests, and register to receive materials. The types of personal information collected at these pages are:
Name
Address
Email address
Phone number
Credit/Debit Card Information
(etc.)
On some pages, you can submit information about other people. For example, if you order a gift online and want it sent directly to the recipient, you will need to submit the recipient's address. In this circumstance, the types of personal information collected are:
Name
Address
Phone Number
(etc.)
The Way We Use Information:
We use the information you provide about yourself when placing an order only to complete that order. We do not share this information with outside parties except to the extent necessary to complete that order.
We use the information you provide about someone else when placing an order only to ship the product and to confirm delivery. We do not share this information with outside parties except to the extent necessary to complete that order.
We use return email addresses to answer the email we receive. Such addresses are not used for any other purpose and are not shared with outside parties.
You can register with our website if you would like to receive our catalog as well as updates on our new products and services. Information you submit on our website will not be used for this purpose unless you fill out the registration form.
We use non-identifying and aggregate information to better design our website and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number of men and Z number of women filled out our registration form, but we would not disclose anything that could be used to identify those individuals.
Finally, we never use or share the personally identifiable information provided to us online in ways unrelated to the ones described above without also providing you an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment To Data Security
To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.
Our Commitment To Children's Privacy:
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 18, and no part of our website is structured to attract anyone under 18.
How You Can Access Or Correct Your Information
You can access all your personally identifiable information that we collect online and maintain by [description of the company access procedure]. We use this procedure to better safeguard your information.
You can correct factual errors in your personally identifiable information by sending us a request that credibly shows error.
To protect your privacy and security, we will also take reasonable steps to verify your identity before granting access or making corrections.
How To Contact Us
Should you have other questions or concerns about these privacy policies, please call us at (530)763-7406 or send us an email at admin@blessaninmate.com.
