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Terms of Service

Last Updated March 14, 2022

Welcome to Inmates “R” Us, a website that helps connect inmates with non-incarcerated pen-pals and outside services. These Terms of Service (“Terms”), together with our Privacy Policy (https://inmatesrus.com/privacy-policy/), constitute a written contract (the “Agreement”) between Inmates “R” Us (“Inmates “R” Us”, “we”, “us”) on the one hand and, on the other, you and any inmate on whose behalf you are paying for services (collectively, “you”) governing your use of Inmates “R” Us (the “Site”) and/or any other sites, mobile apps, services or software where these Terms appear or are linked (collectively with the Site, the “Services”).

By using the Services, you represent that you are authorized to enter into this Agreement and that you are at least 18 years old.

Please read these Terms carefully before accessing or using our Services. If you do not agree to all of the terms and conditions in this Agreement, then you may not access the Services.

These terms contain provisions that require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute. See Section 10 for full details.

  1. PRIVACY POLICY

We take your privacy very seriously, as such, our Privacy Policy is an important part of this Agreement. The Privacy Policy (https://inmatesrus.com/privacy-policy/) explains how we collect information from you and how we use and share that information to provide our Services.

  1. ABOUT THE SERVICE

What We Do

Our website helps connect inmates with everyday task that they can’t accomplish themselves. We provide a personal assistant to help inmates accomplish paperwork, internet searches, picture printing and more.

What We Don’t Do

  • We do not do background checks on any user of the Services, including inmates. The information in each inmate’s profile, including criminal charges and convictions, is provided by the inmate with no research or any other form of confirmation by us. Only in select circumstances, when the option is available, do we verify basic inmate information made available through government websites.
  • We do not provide legal services, legal referrals or legal advice.
  • We are not a dating site (we encourage friendly communication rather than romantic).
  • Upon release, we do not provide inmates with housing, employment, financial or other assistance.
  1. YOUR QUALIFICATIONS

You must be at least eighteen (18) years old to use the Services, this restriction applies to both inmates and non-incarcerated users

 

 

 

  1. YOUR USE OF THE SERVICES

License to Use the Services

Subject to your compliance with this Agreement, Inmates “R” Us grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Services. This license allows you to use the Services, but does not allow you to reproduce, duplicate, copy, modify, sell or otherwise exploit any portion of the Services without our prior express written consent. All rights not expressly granted in this Agreement are reserved by Inmates “R” Us.

Common Sense

If you are a pen-pal, you agree to use common sense and assume all responsibility for your communications with an inmate or other user that are initiated through the Services. As with any internet-based service that allows you to communicate with persons that were previously unknown to you, you should use caution in disclosing personal information about yourself, including your full name, address, details about your finances or family, and so forth.

Your Representation of an Inmate

Some penal institutions do not allow Inmates access to the Internet to register for the Services  and inmates rely on family and friends to purchase their memberships  for them. If you are purchasing a membership, or otherwise interacting with the Services on behalf of an inmate, you agree to be responsible for the Membership and the inmate’s participation on the Service and will indemnify, defend and hold Inmates “R” Us harmless against any claims, disputes or judgments related to the same. You further agree that you will not knowingly assist any inmate in the violation of any law, prison rule or regulation, or condition of the inmate’s incarceration or parole by interacting with the Service on the inmate’s behalf.

Other Users’ Content

Inmates “R” Us respects the intellectual property rights of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA”). Additionally, we will terminate the memberships of repeat infringers in appropriate circumstances.
If you believe Content located on or linked to the Site violates your copyright, please immediately notify us by emailing us a DMCA takedown notice (“Infringement Notice”), providing the information described below. If we take action in response to an Infringement Notice, we will make a good faith attempt to contact the person or entity who made the Content available at the most recent email address they provided to us.

Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. If you are not sure if content located on or linked to by the Site infringes your copyright, you should first contact an attorney.

The DMCA requires that all Infringement Notices must include the following: (a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; (b) an identification of the copyright claimed to have been infringed; (c) a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Inmates “R” Us to find and positively identify that material; (d) your name, address, telephone number, and email address; and (e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.

All Infringement Notices should be sent to [email protected]  with the subject line “DMCA Notice”. If you believe your Content was removed by mistake, we also encourage you to contact us.

Inmates “R” Us will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.

Prohibited Conduct

Inmates “R” Us imposes certain restrictions on your use of the Services. By using or accessing the Services, you represent, warrant, and agree that you will not:

  1. provide any false, misleading, or inaccurate information
  2. do anything that could disable, overburden or impair the proper working order of the Site or Services.
  3. attempt to probe, scan, or test the vulnerability of the Site, or any associated system or network, or breaching security or authentication measures without proper authorization.
  4. use any robot, spider, scraper or other automated means to access the Site.
  5. send spam or any other unauthorized advertisements or solicitations through or using the Site or Services.
  6. harvest or otherwise collect or use information about users, including addresses, phone numbers or email addresses.
  7. solicit private information (including social security numbers, credit card numbers and passwords) from users.
  8. use the Site, Services, or your Membership for any commercial purpose.
  9. intimidate or harass users.
  10. do anything that is illegal, infringing, fraudulent, malicious or could expose us or users to harm or liability including, without limitation, violating any law or prison rule or regulation or assisting an inmate in doing so; or
  11. attempt, encourage or facilitate any of the above.
  1. PAYMENTS & MEMBERSHIPS

Payments

You agree to pay Inmates “R” Us all fees associated with the use of Services (“Fees”), as indicated at the time you agree to such Fees (such as when you sign up for a membership or during the checkout process). Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all Fees and applicable taxes in a timely manner with a valid payment method. We accept payment via cash app, money order, or credit card. In limited cases and in our sole discretion, we will accept payment in the form of postage stamps when an inmate has no other means of payment. If you would like to pay for an inmate’s membership using your credit card, please visit https://inmatesrus.com/payments/

 

 

 

Memberships

Inmates “R” Us may, at its sole discretion, offer its services on a membership basis. If you enroll in a membership plan (your “Membership”), you will be billed according to the terms of the Membership as displayed to you at the time you first enroll (the “Membership Terms”).

Changes and Cancellations. To change or cancel your Membership, you may contact us in writing or email us at [email protected]. If you choose to change or cancel your Membership by email, you must provide us with sufficient information to identify your membership, such as your ID number real name, address.

Changes in Fees. Inmates “R” Us may find it necessary to change its Fees and reserves the right to do so in its sole discretion. We will not increase Fees without prior notice to you that is sufficient to afford you an opportunity to cancel your Membership before incurring any increased fees.

  1. THIRD-PARTY CONTENT AND SERVICES

Third Party Content

Opinions, advice, statements, or other information made available through the Site or Services by third parties (“third party information”), should not necessarily be relied upon. We do not guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Site or Services and will not be responsible for any loss or damage resulting from your reliance on third-party information.

We are not responsible or liable for, and do not approve or endorse any third-party information, content, materials, websites or applications made available on the Site or through the Services (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.

Third Party Services

The Site may be linked with the services of third parties (“Third Party Services”). Your correspondence, business dealings, and transactions with Third Party Services are solely between you and said third parties. This includes, but is not limited to, your participation in promotions, special offers, or purchases made. Inmates “R” Us does not have control over the content and performance of Third-Party Services. Accordingly, you agree that Inmates “R” Us shall not be held liable for any loss, damage, or injury that may occur as a result of such dealings. Inmates “R” Us does not represent, warrant, or endorse any Third-Party Services, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third Party Services.

  1. INTELLECTUAL PROPERTY

Inmates “R” Us, the Inmates “R” Us logo, the Inmates “R” Us website domain(s), and all content and other materials available through the Site and Services, exclusive of third-party content, your Content and the Content of other users (collectively, the “Company IP”) are the trademarks, copyrights, and intellectual property of an owned by Inmates “R” Us or its licensors and suppliers. Neither your use of the Services nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated as a result of your use of the Services will inure to the benefit of Inmates “R” Us, and you agree to assign, and do assign, all such goodwill to Inmates “R” Us. You shall not at any time, nor shall you assist others to, challenge Inmates “R” Us’s right, title, or interest in, or the validity of, the Company IP.

  1. TERMINATION

You may terminate this Agreement at any time upon written notice to Inmates “R” Us. If you terminate this Agreement, you must delete your Membership and may no longer access or use the Services. If, after termination, you access the Site or create a new Membership, such action will constitute your consent to this Agreement and the Privacy Policy, and the prior termination will be deemed null and void. If you are enrolled in any Membership, you must cancel your Membership as part of termination in order to avoid incurring additional Membership Fees.

Inmates “R” Us may, in its sole discretion, terminate your Membership, delete your profile, delete your Content, and/or prohibit you from using or accessing the Services at any time and without prior notice.

All payment obligations outstanding at the time of termination and Sections 4 (Your Content), 5-14 shall survive termination of this Agreement.

  1. COMPLAINTS AND DISPUTES

You agree not to hold Inmates “R” Us responsible or liable for the Content or actions of third parties (including your interactions with other users) on or relating to the Site or Services. This includes any transactions conducted through the Site as well as the collection, handling and sharing of personal information to third parties. If you have a dispute with a third party relating to the Site or Services, you hereby release Inmates “R” Us and its directors, officers, employees and agents (collectively, the “Inmates “R” Us 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.

  1. DISPUTE RESOLUTION

This section governs any dispute between you and Inmates “R” Us, and how disputes will be legally resolved, if necessary. Remember, these dispute resolution provisions only apply to disputes between Inmates “R” Us and you, and not to disputes between you and any other user.

Governing Law and Venue

You agree that all claims and disputes between you and Inmates “R” Us that arise out of this Agreement will be governed by and construed in accordance with the laws of the State of Maryland without regard to its conflict of law principles. Subject to and without waiving the arbitration agreement below, the proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in Volusia County, Florida (a “Court of Competent Jurisdiction”). You and Inmates “R” Us stipulate to, and agree to waive any objection

NO CLASS ACTIONS

You and Inmates “R” Us agree that any arbitration or legal action shall be limited to the two of us as parties, and any joinder of or other parties is not allowed. This means that you cannot participate in any sort of representative proceeding against Inmates “R” Us, including as a plaintiff or class member in any purported class action.

  1. ASSUMPTION OF RISK

YOU KNOWINGLY AND EXPRESSLY AGREE THAT USE OF THE SITE AND/OR SERVICES IS AT YOUR OWN RISK. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, AND YOUR HEIRS, VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY INMATES “R” US AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, THAT MAY RESULT FROM YOUR USE OF THE SERVICES.

INMATES “R” US DOES NOT ACCEPT RESPONSIBILITY FOR THE TRUTH OR ACCURACY OF ANY STATEMENT MADE OR POSTED BY THIRD PARTIES OR USERS OF THE SERVICES. WE STRONGLY RECOMMEND THAT YOU TAKE APPROPRIATE SAFEGUARDS WHEN CORRESPONDING WITH ANY INMATES. IN RESPONDING TO AN INMATE’S PROFILE, YOU AGREE TO HOLD INMATES “R” US AND ITS OWNERS, EMPLOYEES AND AGENTS HARMLESS FROM ALL COSTS, LIABILITIES, DAMAGES AND ATTORNEY FEES, RESULTING FROM OR CAUSED BY ANY CORRESPONDENCE WITH AN INMATE. BEFORE ENGAGING IN ANY CORRESPONDENCE WITH AN INMATE, WE ENCOURAGE YOU TO VERIFY INFORMATION ABOUT INMATES THROUGH ADDITIONAL SOURCES.

INMATES THAT CHOOSE TO CREATE A PROFILE ON THE SITE ARE THE AUTHORS/PUBLISHERS OF THE INFORMATION CONTAINED IN THE PROFILE. INMATES “R” US IS NOT CONSIDERED THE PUBLISHER OF INMATE PROFILE INFORMATION, WE SIMPLY PROVIDE THE SPACE FOR THE INMATE TO PLACE A PROFILE.

SOME PRISONS PROHIBIT INMATES FROM USING OUR SERVICES. IN THOSE INSTANCES, AN INMATE’S PLACEMENT OF A PROFILE ON THE SITE MAY RESULT IN PUNITIVE OR LEGAL CONSEQUENCES FOR THE INMATE, FOR WHICH INMATES “R” US ASSUMES NO RESPONSIBILITY AND SHALL NOT BE HELD LIABLE.

  1. DISCLAIMERS, LIMITATION OF LIABILITY

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, INMATES “R” US, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND SERVICES, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER INMATES “R” US NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT YOU WILL FIND SOMEONE TO CORRESPOND WITH, OR THAT THE OPERATION OF THE SITE AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. INMATES “R” US DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE FURNISHING OF THE SITE OR SERVICES PURSUANT TO THIS AGREEMENT. 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL INMATES “R” US OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION FOR SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS ARE SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN INMATES “R” US AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

THE TOTAL AGGREGATE AMOUNT THAT INMATES “R” US, ITS LICENSORS, OR SUPPLIERS MAY BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, CLAIMS OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SITE OR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO INMATES “R” US DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE THE ACTION OR CLAIM OCCURRED, OR $100, WHICHEVER IS GREATER.

Application of Disclaimers

Some states 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. Inmates “R” Us’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Services or otherwise shall alter any of the disclaimers or limitations stated in this section.

  1. GENERAL

Entire Agreement. This Agreement constitutes the entire agreement between Inmates “R” Us and you concerning your use of the Site and Services.

Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.

No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Inmates “R” Us. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Independent Contractors. You and Inmates “R” Us are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

Third Party Beneficiaries. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement.

Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.

  1. CHANGES TO TERMS AND PRIVACY POLICY

Internet technology and the applicable laws, rules, and regulations change frequently. Inmates “R” Us reserves the right to change this Agreement and the Privacy Policy at any time upon notice to you (including by posting a new version, or sending you a change notice to your email address of record, where required by law). It is your responsibility to review this Agreement and the Privacy Policy periodically.

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