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Must read Terms of Service & Privacy Policy and be at least 18

Must read Terms of Service & Privacy Policy and be at least 18

Before you can create a reintegration profile on the site, you must log in or register as a new user. This way, you can access your listings later to manage them.

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  • Create and track updates for inmate profiles!
  • Send first messages free of charge to inmates! (We will print and send them for you.)
  • Interact with other users on the forum!
  • Expand your own network!

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Do you have profile content you would like to place for an inmate?
Do you have the address of the inmate you are trying to help?
Would you like to pay for the inmate to have a profile? After you pay, we will let the inmate know and mail them a brochure to complete.
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Please confirm you are at least 18 years of age by entering your date of birth.

In order to use this site, you must agree to the Terms of Service, last updated 8/20/2023 at 3:07 PM EDT, and the Privacy Policy, last updated 8/20/2023 at 4:42 PM EDT.

Terms of Service

Last Updated August 20, 2023

Welcome to WriteAPrisoner.com, a website that helps connect inmates with non-incarcerated pen-pals. These Terms of Service (“Terms”), together with our Privacy Policy (https://writeaprisoner.com/privacy-policy), constitute a written contract (the “Agreement”) between WriteAPrisoner.com, Inc. (“WriteAPrisoner”, “we”, “us”) on the one hand and, on the other, you and any inmate on whose behalf you are creating an Account (collectively, “you”) governing your use of writeaprisoner.com (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://writeaprisoner.com/privacy-policy) explains how we collect information from you and how we use and share that information to provide our Services.

2. ABOUT THE SERVICE

What We Do

Our website helps connect inmates who are seeking non-incarcerated pen-pals with whom to correspond.

Since our inception, we have expanded from providing pen-pal services to providing inmates with the opportunity to post legal, employment, and reintegration profiles, organizing book donations, and providing services aimed directly toward reducing recidivism and raising awareness. Upon release, we also provide inmates with reintegration kits and various self-help documents.

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.

How We Make Money

To ensure that we can continue to provide and improve our Services, we earn money by showing advertisements on our Site and in our newsletters. By continuing to use our Site and Services, you agree that we can show you ads that businesses and organizations pay us to promote. We may use your personal data, such as information about your activity and interests, to show you ads that are more relevant to you. Please review our Privacy Policy for additional information on how we collect and use your information.

3. YOUR QUALIFICATIONS

You must be at least eighteen (18) years old to create an Account or use the Services; this restriction applies to both inmates and non-incarcerated users. If you are creating an Account on behalf of an inmate, you represent and warrant that you are authorized to agree to these Terms on the inmate’s behalf and that all information you provide is accurate and current.

4. YOUR USE OF THE SERVICES

License to Use the Services

Subject to your compliance with this Agreement, WriteAPrisoner 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 WriteAPrisoner.

Common Sense

If you are a pen-pal, you agree to use common sense and assume all responsibility for your communications with an inmates or other users 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, as such, inmates rely on family and friends to create their Accounts and profile for them. If you are registering an Account, or otherwise interacting with the Services on behalf of an inmate, you agree to be responsible for the Account and the inmate’s participation on the Service and will indemnify, defend and hold WriteAPrisoner 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.

Your Account

To participate in the Services, you must create an Account and profile (collectively, your “Account”). You represent and warrant that all information you provide in connection with your Account and your use of the Services is current, complete, and accurate, and that you will update the information as necessary to keep it accurate. You further represent and warrant that you are not impersonating any person or entity through your Account, or misleading other users as to your affiliation with any person or entity. You are responsible for maintaining the confidentiality of your Account credentials, including your username and password. You agree to notify WriteAPrisoner immediately of any unauthorized use of your Account. We reserve the right, at any time and in our sole discretion, to: (a) refuse to grant you access to the Services, (b) remove your profile from the Site, (c) terminate your Account, or (d) suspend or terminate your right to use the Services.

Your Content

You may be authorized to post certain information, images and artwork to the Site (collectively, “Content”). If you are an inmate, your Content may include profile information such as a photo (or original artwork), a short description about yourself, what you are seeking in a pen-pal, poetry, and other background information about yourself so that potential pen-pals can get to know you better. If you are a non-inmate, your Content may include a photo, username, and email address. Whether you are an inmate or not, you represent and warrant that all Content posted by you is current, complete, and accurate. You are required to use common sense and are prohibited from posting any Content that violates any law, rule, or regulation, including any prison rules or conditions of incarceration or probation, infringes on the intellectual property rights of others, is illegal, obscene, threatening, defamatory, or otherwise violates the Prohibited Conduct section below. If you post inappropriate Content or violate the Prohibited Conduct section, we may, in our sole direction, remove your Content.

License to Display Your Content

You are solely responsible for the Content that you post on or through the Site, however, we require the following license from you in order to be able to display your Content as expressly permitted by you – for example, to make your profile visible to others. You hereby grant WriteAPrisoner an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license (with the right to sublicense) to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display your Content throughout the world in any media now existing or in the future created. Additionally, you grant WriteAPrisoner the right to use your name, likeness, and image for any purpose, including commercial or advertising, on or in connection with WriteAPrisoner.com or the promotion thereof.

You represent and warrant that you have all rights and permissions to grant the foregoing licenses.

Other Users’ Content

WriteAPrisoner 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 accounts 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 WriteAPrisoner 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.

WriteAPrisoner 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.

Forums and Blog

As a part of the Services, we provide access to forums and our blog where you and other users can post about and discuss various topics. If you post Content to the forums and/or blog, you should be aware of and must adhere to the following:

  1. You agree not to post advertisements. If you wish to advertise on the Site, you agree to follow the appropriate channels by visiting our Advertising Section (https://writeaprisoner.com/prison-forum/advertising-prison-services-only) and submitting a request to place your ad. Any advertisements for commercial businesses posted within the forums and/or blog will be removed.
     
  2. No inappropriate Content. This includes but is not limited to racial slurs, violent language or threats, libelous or defamatory comments about other users, or messages that may be deemed offensive. WriteAPrisoner has the right to share your information with the appropriate authorities should you violate the law when using our Services.
     
  3. Inmates do not have access to the Internet. You agree not to post messages for inmates in the forums or other parts of the Site.
     
  4. Posting allegations or negative comments about inmates is not permitted. If you have a complaint about an inmate’s conduct through the Service, you should contact us directly at [email protected] or by going to https://writeaprisoner.com/contact. We will take appropriate action if necessary.
     
  5. You agree not to post information about or post pen-pal solicitations for inmates other than those already listed on our Site.
     
  6. Sending unsolicited e-mails to non-inmate members is prohibited. Anyone sending such messages will be banned from using the Services.
     
  7. Be aware that forum and blog posts are sometimes copied and sent to other people. The views you express may be shared with others, so please be selective in what you write.
     
  8. If you are seeking legal or employment assistance on behalf of specific inmate, please post their information once along with any pertinent information.
     
  9. Posted Content becomes the property of WriteAPrisoner.

We do not intend to censor messages based on the opinions expressed within posts, but we will, acting at our sole discretion, enforce the policies outlined both here and on the forum. All user Content expresses the view of the author and not those of WriteAPrisoner. By posting to the forums and/or blog, you agree to abide by the rules outlined above.

Prohibited Conduct

WriteAPrisoner 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, create more than one Account, transfer your Account, create an Account for anyone other than yourself (unless you have been authorized to create an Account on behalf of an inmate), or creating an Account without authorization;
  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 Account for any commercial purpose;
  9. intimidate or harass users;
  10. do anything that is illegal, infringing, fraudulent, malicious or could expose WriteAPrisoner or its 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.

5. PAYMENTS & SUBSCRIPTIONS

Payments

You agree to pay WriteAPrisoner all fees associated with your use of the Services (“Fees”), as indicated at the time you agree to such Fees (such as when you sign up for an Account 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 check, 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 Account using your credit card, please visit List an Inmate (https://writeaprisoner.com/inmate-new-listing) and select the appropriate form from the drop down box. If you are mailing payment directly to WriteAPrisoner, please be sure to send it via certified mail to:

WriteAPrisoner.com
P.O. Box 10
Edgewater, FL 32132-0010

You agree that you (and the inmate you represent, if payment is being made on their behalf) are responsible for providing us with all appropriate payment information in order to process your request. If your payment method is declined or your Account is overdue, we may collect fees owed using other collection options such as retaining collection agencies and/or legal counsel.

For a full list of our pricing, please visit our Price List (https://writeaprisoner.com/inmate-new-listing).

Subscriptions 

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

Timing of Subscription Payments. A one-year Subscription is $50. At the time you enroll in your Subscription, you will be required to provide payment to pay for the Fees associated with your Subscription. Payment for your Subscription must be made by credit or debit card. If you choose to enroll in a Subscription, you understand and agree that your card on file will be charged Fees for additional Subscription periods (e.g., once per year) without obtaining further permission or confirmation from you. In other words, your Subscription renews automatically unless cancelled in advance of the next payment period by you.  Please pay attention to the Fees, payment terms and disclosures provided during the order process for your Subscription.

Changes and Cancellations. To change or cancel your Subscription, you may either log into your Account or email us at [email protected]. If you choose to change or cancel your Subscription by email, you must provide us with sufficient information to identify your Account, such as your username, real name, billing address, and/or email address associated with the Account. Changes and cancellations must be made at least seven (7) days before your credit or debit card is charged for the next Subscription payment in order to avoid said payment.

Changes in Fees. WriteAPrisoner 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 Account or Subscription before incurring any increased fees.

Refunds. We may, in our sole discretion, issue refunds under certain circumstances. Refunds must be requested before your user profile is posted to the Site. In order to request a refund, you may contact us via email at [email protected], by fax at 386-202-4225, or by mail. In order to process your refund, please and provide us with your full name, the inmate’s full name, and the reason you are requesting a refund. We will not be able to process your refund if this information is not provided.

6. ADS, THIRD-PARTY CONTENT, AND THIRD-PARTY 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. WriteAPrisoner does not have control over the content and/or performance of Third-Party Services. Accordingly, you agree that WriteAPrisoner shall not be held liable for any loss, damage, or injury that may occur as a result of such dealings. WriteAPrisoner 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.

7. INTELLECTUAL PROPERTY

WriteAPrisoner, the WriteAPrisoner logo, the WriteAPrisoner 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 and owned by WriteAPrisoner 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 WriteAPrisoner, and you agree to assign, and do assign, all such goodwill to WriteAPrisoner. You shall not at any time, nor shall you assist others to, challenge WriteAPrisoner’s right, title, or interest in, or the validity of, the Company IP.

8. TERMINATION

You may terminate this Agreement at any time upon written notice to WriteAPrisoner. If you terminate this Agreement, you must delete your Account and may no longer access or use the Services. If, after termination, you access the Site or create a new Account, 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 Subscription, you must cancel your Subscription as part of your termination in order to avoid incurring additional Subscription Fees.

WriteAPrisoner may, in its sole discretion, terminate your Account, 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) and Sections 5-14 shall survive termination of this Agreement.

9. COMPLAINTS AND DISPUTES

You agree not to hold WriteAPrisoner 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 WriteAPrisoner and its directors, officers, employees and agents (collectively, the "WriteAPrisoner 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.

10. DISPUTE RESOLUTION

This section governs any dispute between you and WriteAPrisoner, and how disputes will be legally resolved, if necessary. Remember, these dispute resolution provisions only apply to disputes between WriteAPrisoner and you, and not to disputes between you and any other user or Third-Party Services.

Governing Law and Venue

You agree that all claims and disputes between you and WriteAPrisoner.com that arise out of this Agreement will be governed by and construed in accordance with the laws of the State of Florida 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 WriteAPrisoner stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process. 

Arbitration

If you and WriteAPrisoner cannot resolve a dispute or other claim through negotiations, the dispute or claim shall be finally and exclusively resolved by binding arbitration. This arbitration agreement is reciprocal, and any election to arbitrate by one party shall be final and binding on the other(s). The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under the Streamlined Rules, as modified by this agreement to arbitrate. All remedies available to the parties under applicable federal, state or local laws shall remain available in arbitration. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. Unless you and the WriteAPrisoner agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence. If you initiate arbitration against WriteAPrisoner, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If WriteAPrisoner initiates arbitration against you, WriteAPrisoner shall pay all costs associated with the arbitration. If JAMS is unavailable to arbitrate a dispute or claim, you and WriteAPrisoner agree to arbitrate using an alternative arbitral forum. Regardless of the outcome of the arbitration, you and WriteAPrisoner will each pay your own attorneys’ fees and costs unless an award of attorneys’ fees is available under applicable statute. The arbitrator’s award will consist of a written statement stating the disposition of each Claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in a Court of Competent Jurisdiction, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator.

You acknowledge that without this provision, you would have the right to sue in court with a jury trial.

NO CLASS ACTIONS

You and WriteAPrisoner 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 WriteAPrisoner, including as a plaintiff or class member in any purported class action.

Remedies in Aid of Arbitration; Equitable Relief

This agreement to arbitrate will not preclude you or WriteAPrisoner from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or WriteAPrisoner from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary.

11. 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 WRITEAPRISONER 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.

WRITEAPRISONER 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 WRITEAPRISONER 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. WRITEAPRISONER 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 WRITEAPRISONER ASSUMES NO RESPONSIBILITY AND SHALL NOT BE HELD LIABLE.

12. DISCLAIMERS, LIMITATION OF LIABILITY

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WRITEAPRISONER, 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 WRITEAPRISONER 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. WRITEAPRISONER 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 WRITEAPRISONER 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 OR 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 WRITEAPRISONER AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

THE TOTAL AGGREGATE AMOUNT THAT WRITEAPRISONER, 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 WRITEAPRISONER 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. WriteAPrisoner’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.

13. GENERAL

Entire Agreement. This Agreement constitutes the entire agreement between WriteAPrisoner 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 WriteAPrisoner. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Independent Contractors. You and WriteAPrisoner 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.

14. CHANGES TO TERMS AND PRIVACY POLICY

Internet technology and the applicable laws, rules, and regulations change frequently. WriteAPrisoner 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.


Privacy Policy

Last Updated August 20, 2023

This privacy policy (the "Privacy Policy") explains how WriteAPrisoner.com (“WriteAPrisoner,” “Company,” “we,” or “us”) collects, uses, shares, and protects information of the users of WriteAPrisoner.com and all other sites, mobile sites, services, applications, platforms and tools where this Privacy Policy appears or is linked (collectively, the “Website”). The terms “you/your/user(s)” means you as a user of our Website.

By accessing the Website, you acknowledge this Privacy Policy and agree to be bound by its terms, our Terms of Service (https://writeaprisoner.com/terms-service), and any other terms or policies we post on the Website. If you do not agree with this Privacy Policy, please do not use the Website or provide us with any personal information.

1. Who controls your information?

Any information or other data provided to or gathered by Company is controlled by:

WriteAPrisoner.com, Inc. 
P.O. Box 10
Edgewater, FL 32132-0010
[email protected]

2. What types of information do we collect?

Information,” as used in this Privacy Policy, means personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user or household.

We collect and/or have collected over the past twelve (12) months the following categories of information about you and other users of the Website:

  • Information You Provide to Us. We collect information from you when you voluntarily provide it to us over the Website, including as part of registering a user account. Such information may include your name, email address, telephone number(s), street address, city, and state. Additionally, if you are an inmate, we may collect your eye color, hair color, hometown, date of birth, the address you plan to reside upon release, your earliest release date, your latest release date, your incarcerated since date, whether you are serving a life sentence or if you are on death row, and your criminal history including the crime you were arrested for, the arresting agency, and the city and state where the crime was committed.
  • Content You Make Public. Company collects information from you that you voluntarily upload to the Website for public display (“Public Information”), such as your Content, which may include posts, comments, photos, text, and artwork. Once you submit Public Information, neither you nor Company are able to control how it may be copied, shared, or used by third parties, even if you and/or Company later delete such Public Information. Accordingly, you should carefully consider what personal information you choose to make public.
  • Transaction and Payment Information. We collect information from you, as needed, to process payments to administer your participation on the Website, such as your bank account number, payment card number, expiration date, card verification number, and billing address. Specifically, we use third-party integration through Authorize.Net to process payments. For more information about Authorize.Net’s privacy practices, visit https://usa.visa.com/legal/privacy-policy.html.
  • Device/Internet Connection Information. When you use the Website, we automatically gather information made available by your web browser (such as Microsoft Edge or Google Chrome), internet service provider (such as Comcast or Cox), and device (such as your computer, phone, tablet, or fitness tracker), depending on your settings for each. For example, we may collect your IP address, information about the operating system or type of device you use, the device ID associated with your device, the date and time you access the Website, and your log in attempts. 
  • Internet Activity Information. As explained below, we may also collect information about your browsing history, search history, and information regarding your interaction with a particular website, application, or advertisement, including the Website. We may collect information regarding the websites, application, or advertisement you visited immediately before and after your use of the Website.
  • Geolocation Information. We may collect information about where you are located, both generally and at the time you access the Website. For example, we may collect your mailing address or ascertain your approximate location from your IP address.
  • Protected Class Information. Due to the specific nature of our services, you may be asked to provide information about your race, ethnicity, nationality, gender, age, marital or family status, sexual orientation, religion, and/or whether you served in the military.
  • Education and Employment Information. We may collect information about your educational background including your highest level of education, previous schools attended, your education goals, whether you are currently in school, and any recent educational accomplishments. We may also collect your employment history and employment goals.
  • Other Information. From time to time, we may collect other information from you, such as when you make a claim for a promotion run on the Website, when you request assistance through our Website, or when you voluntarily subscribe to promotions, reminders, or newsletters. You will always be asked for your consent in advance.

3. How do we collect information about you?

We gather information about you through the following sources and means:

  • When you provide information. Company collects information when users voluntarily enter or upload it while using the Website, such as information you provide, content you make public, transaction and payment information, geolocation information, protected class information, and education and employment information.
  • When you communicate with us. We may collect information from you outside of your use of the Website, such as if you email us (or respond to a communication) or communicate with us over social media. Information collected outside your use of the Website may be combined with information collected through your use of the Website —for example, if you create an account through the Website and later call us about your account, the information collected in both interactions may be linked.
  • Information from Third Parties. We may collect information about you from third parties or other sources, such as when an individual creates an account on behalf of an inmate or other publicly available information about you, including but not limited to, your photo, biographical information, criminal background, and general geographic location or place of incarceration.  
  • Information from your use of our Website. We may use various technologies to collect and store information when you use, access or interact with our Website. This may include using cookies or similar technologies to identify your browser or device. In addition, we may collect information from or about the computers, phones, or other devices when you access our Website such as the operating system, hardware version, device settings, device identifiers, language and time zone, mobile phone number, IP address, and server logs.
  • Through Cookies, tracking tools, and other automated technologies. When you use any website, certain information can be automatically collected through technological means. When you access our Website, your web browser automatically sends us device and internet connection information and certain internet activity information as described in Section 2.

    We also use Cookies and web beacon technology to gather device and internet connection information, internet activity information, and geolocation information. “Cookies” are files that are placed on your computer or other device by websites you visit. The primary purpose of a Cookie is to identify you as a unique user of the Website. We use the following types of Cookies, some of which are placed by Third Parties, to customize your Internet experience, keep you logged into websites, remember your search terms, and advertise products or services to you:
     
    Type of Cookie Purpose of Cookie
    Necessary Necessary Cookies are essential in order for the Website to display and perform properly. Necessary Cookies are used to identify you, prevent security risks, and to allow you to perform account-related functions.
    Preferences Preferences Cookies are used to store preferences set by you and each user for their account, such as your language preferences. Preferences Cookies improve your experience using the Website.
    Analytics and Performance Analytics and Performance Cookies collect information on how you and other users interact with the Website. Often, this information is aggregated, as discussed in Section 4, and is used to improve the Website.
    Advertising We may also use Cookies and web beacons, including those placed by Third Parties such as Google and Facebook, to deliver Personalized Ads that may be of interest to you. We may also use a web beacon in email messages sent to track your response. Cookies and web beacons also help us and our Third-Party advertising partners ensure you do not see the same advertisements over and over and to identify and block unwanted ads. We also use these tracking tools to better understand your behaviors and browsing activities, and to generate inference information, as discussed in Section 2.

    You can change your Cookie settings in your Internet browser (e.g., Chrome, Edge, Firefox). If you disable Cookies, some of the features of the Website may not function correctly. For more information, see https://www.allaboutcookies.org/.
  • From Third Parties. We may collect the following types of information from Third Parties: transaction and payment information (such as when you have your payment information saved in your web browser), device/internet connection information, internet activity information, and geolocation information.

    Like many websites, we use Google services and Cookies to improve the Website and advertise to users like you, as described more fully below. As such, when you use the Website, your personal information may be shared with Google, and shared by Google with Company. You can learn more about how Google uses Cookies, and how to manage your Cookie preferences in your Internet browser and revoke your consent to Personalized Ads, by visiting the Google Cookie Policy (https://policies.google.com/privacy).

    Company may also use the Facebook Cookie to deliver Personalized Ads to you, as that term is described below. You can learn more about how Facebook gathers and uses personal information via Cookies, including how to set your Cookie preferences within Facebook, by visiting the Facebook Cookie Policy (https://www.facebook.com/policies/cookies).

    As explained above, Company also uses pixels, tags, and Cookies set by our Third-Party advertising partners to track your online behavior and provide Personalized Ads to you.
     
    Third-Party Partner Description Privacy Policy
    Facebook Company uses Facebook Ads to deliver targeted advertisements to you and other Website users. https://www.facebook.com/policy.php
    Google Company uses Google Ads to deliver targeted advertisements to you and other Website users. https://policies.google.com/privacy 
    Twitter Company uses Twitter to deliver targeted advertisements to you and other Website users. 

    https://twitter.com/en/privacy


    Remember, you can change your Cookie settings in your Internet browser (e.g., Chrome, Edge, Firefox). For more information, see https://www.allaboutcookies.org/.

    You can better learn about such Third-Party data collection and advertising practices, including how to revoke your consent to Personalized Ads, at the following websites:

    www.youronlinechoices.com/uk/your-ad-choices
    www.networkadvertising.org/choices
    www.aboutads.info/choices

4. How do we use your information?

WriteAPrisoner may use the information we’ve gathered from you or your device, including through Cookies and Third Parties, for the following purposes:

  • Business Purposes. When we use your information for a “Business Purpose,” it means such use is reasonably necessary and proportionate to achieve an operational purpose of the Company. The following are the Business Purposes for which we may use your information:
     
    Business Purpose Types of Information

    For Security. Company uses the information we collect from you and other users to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, and to identify and prosecute those responsible for that activity.

    Information Outlined in Section 2

    To Provide the Website and Services. We use the information we collect from you to provide the Website and our services, to process your orders and payments, and to create your account.

    Information Outlined in Section 2

    To Improve our Services. Company uses the information we collect from you and other users to improve our product offerings and services. For example, we may consider analytics, demographics, and user feedback collected via the Website in determining whether there is sufficient demand for new features, connect you with the types of services you’re looking for, and any other content in which you are interested.

    Information Outlined in Section 2

    To Improve the Website. Company uses the information we collect from you and other users to provide and improve the Website.  We use information to debug and identify and repair errors that impair the existing intended functionality of the Website. As explained above, we use Cookies, including those placed by Third Parties, to gather statistical information that helps us understand how you and other users engage with the Website and improve its performance via technological development.

    Information Outlined in Section 2

    To Personalize Your User Experience. We use information gathered from Cookies to authenticate your logins, determine whether you are logged in or not, to allow you to set personal preferences when using the Website, and to make it so you don’t have to reenter the same information when you visit the Website several times within a short time frame.

    Information Outlined in Section 2

    To Communicate with You. We use your information to personalize communication with you, and to respond to your requests regarding the Website and your account. We also use your information to notify you of updates to our Terms or Privacy Policy.

    Information Outlined in Section 2

     

  • Commercial Purposes. When we use your information for a “Commercial Purpose,” it means such use is intended to advance Company’s business interests. The following are the Commercial Purposes for which we may use your information:
     
    Commercial Purpose Types of Information

    To Advertise to Others. We may share your reviews, comments, and other content uploaded by you to advertise and market our Website and the Services, including by reposting your reviews on the Website, in our advertising, or through our social media accounts.

    Information Outlined in Section 2

    To Operate Advertising and Marketing Campaigns. We may use your information to perform and measure the effectiveness of advertising campaigns on our Website and marketing campaigns promoting our Website on and off our Services. We may also use your information to communicate with you about products or services that we believe may interest you.

    Information Outlined in Section 2

     

  • Scope and Legal Bases for Use.

    WriteAPrisoner only processes your information to the extent that is necessary to accomplish the above-stated Business and Commercial Purposes, which serves as our legitimate interest. If you reside in a location governed by the GDPR, then the following are Company’s legal bases for the processing of your information: In so far as we have obtained consent for processing operations of information by the data subject, Art. 6(1) lit. a GDPR serves as the legal basis. For the processing of information necessary for the performance of a contract to which the data subject is a party, Art. 6(1) lit. b GDPR serves as legal basis. The same applies to such processing operations which are necessary for carrying out pre-contractual measures. In so far as the processing of information is required to comply with a legal obligation to which our Company is subject, Art. 6(1) lit. c GDPR serves as legal basis. In the event that processing of information may be necessary to protect the vital interests of the data subject or of another natural person, Art. 6(1) lit. d GDPR serves as legal basis. If processing is necessary for the purposes of the legitimate interests pursued by our Company or by a Third Party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject, processing operations are based on Art 6 (1) lit. f GDPR.

5. How do we share your information?

Non-incarcerated persons use our Website to search for inmates to correspond with. Any information included in an inmate’s profile, including their name, photo, biography, criminal background, and location can be seen by all visitors and users of the Website.

In addition to the foregoing, WriteAPrisoner may share your information with third parties for business and commercial purposes as outlined below:

Third Parties Business Purpose Types of Information
Service Providers. We use third-party service providers, such as payment service providers and for data storage and hosting services, to provide the Website. We may share your information as necessary. For Security, to Provide and Improve the Website and Services, and to Personalize Your User Experience Information Outlined in Section 2
Our Affiliated Entities. Affiliated entities are different than Third Parties in that they are businesses that are directly related to us and have common ownership with us. We may disclose, transfer, and sell your information to our affiliated entities, in which event, your information shall be treated by the affiliated companies in accordance with this Privacy Policy. Should we be subject to an acquisition, merger, sale or other change of control or business entity status, we reserve the right to transfer or assign your information as part of that acquisition, merger, or sale. For Security, to Provide and Improve the Website and Services, to Personalize Your User Experience, and to Communicate with You Information Outlined in Section 2
Government Officials and Private Parties Pursuant to Valid Legal Process. We may disclose your information in response to subpoenas, court orders, and other legal processes. In very rare circumstances, we may disclose personal information when we believe it is necessary to prevent illegal, fraudulent, or injurious actions that may cause harm to individuals. To Comply with any Legal Obligations and to Prevent Illegal, Fraudulent, or Injurious Actions that may Cause Harm to Individuals Information Outlined in Section 2
Other Users. When you post or display content through the Website or publicly, it is available to other Members. To Provide and Improve the Website and Services, and to Personalize Your Experience Information Outlined in Section 2
Other Consumers. We may share your public Content, such as a review, to advertise and market our Website or services, including in our advertising or through our social media accounts. To Advertise to Others Information Outlined in Section 2
Advertising Partners. We may disclose your personal information as needed to Third-Party advertising partners.  For example, we may share information gathered through Cookies and tracking technology to allow a Third Party to advertise our products and services.   To Advertise to Others Information Outlined in Section 2

 

6. Do we sell your information to others?

No, WriteAPrisoner does not sell, rent, or otherwise disclose information that reasonably identifies you. We have not sold consumers’ personal information during the past twelve (12) months.

7. How do we protect your information?

We have implemented appropriate security measures designed to protect the security of any personal information we process. However, it is impossible to guarantee the safety of data. We will do our best to protect your information, but the safety and security of your information also depends on you. Never share your password with anyone else and notify us as soon as possible if you believe your account security has been breached.

8. How long do we keep your information?

WriteAPrisoner retains your information for the length of time necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law or valid court order. When we have no ongoing legitimate business need to process your information, we will delete it, or, if this is not possible (for example because your personal information has been stored in backup archives), then we will securely store your information until deletion is possible.

9. Do we transfer your information to a different country?

If you are visiting the Website from a location outside of the United States, your connection will be through and to servers located in the United States, and all information you provide will be processed and securely maintained in our web servers and internal systems located within the United States. By using the Website, you authorize and specifically consent to the transfer of personal data to the United States and its storage and use as specified above when you provide such information to us.

10. What are your rights when it comes to accessing, correcting, or deleting your information, and how can you exercise them?

Based on the state or country you are located in, you may have the right to request access to the personal information we collect from you, request changes to your personal information, or in some circumstances request deletion. To request to review, update, or delete your personal information, please contact us at [email protected]. We will respond to your request within 30 days.

If you are in the European Union, you have certain rights under the GDPR. Under the GDPR you may have the right to request access to and obtain a copy of your personal information we have collected, request rectification or erasure of your personal information, restrict the processing of your personal information, and, if applicable, request data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make any of the above requests, please contact us at [email protected]. We will consider and act upon any request in accordance with applicable data protection laws. For purposes of this section, your data controller is WriteAPrisoner.com, Inc.

If you have any questions about your privacy rights, please contact us at [email protected].

11. Privacy Practices of Third Parties

Our Website may include advertisements, content, or links to content, products or services provided by third parties. This Privacy Policy only addresses the use and disclosure of information by WriteAPrisoner through your interaction with the Website. Third-Party Services that may be accessible through links from our Website have their own privacy policies and information collection, use, and disclosure practices. Third-party sellers, advertisers, and partners also have their own privacy practices. We encourage you to familiarize yourself with the privacy statements provided by these third parties prior to providing them with information or taking advantage of a third-party offer or promotion.

12. How do we protect the privacy of children?

WriteAPrisoner does not knowingly collect any personal information about children under the age of 18. If we obtain actual knowledge that we have collected information about a child under the age of 18, that information will be immediately deleted from our database. Because we do not collect such information, we have no such information to use or to disclose to third parties.

13. How can you receive and opt-out from marketing communications?

By providing your contact information through the Website or an email initiated by you, you consent to receive emails from us, including information concerning your account and advertising messages. Depending upon your location, we may obtain additional consent from you via a checkbox disclosure or an email requesting confirmation before you can receive such information.

Providing consent to promotional emails is NOT a condition of purchasing any goods or services from WriteAPrisoner. You can unsubscribe to advertising emails at any time by clicking the unsubscribe link within the email, or by contacting us at [email protected]. Please note that, even if you unsubscribe from advertising emails, we will still send you any necessary, non-promotional emails about your purchase, account, or updates to our Privacy Policy and Terms of Service.

14. Do we respond to Do Not Track (DNT) Signals?

DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked.  We do not respond to DNT requests.

15. How will you know when we change the Privacy Policy?

Each time you use the Website, the then-current version of this Privacy Policy will apply.  Although most changes are likely to be minor, we reserve the right to modify this Privacy Policy by posting such modification on this page; however, if changes are significant, we may provide a more prominent notice or email you. Depending upon your location, we may obtain additional consent from you via a checkbox disclosure or an email requesting consent before you can continue to use the Website.

Unless we receive your express consent, any revised Privacy Policy will apply only to information collected after the effective date of such revised Privacy Policy, and not to information collected under any earlier version.

16. How can you contact us regarding this Privacy Policy?

If you have any questions regarding this Privacy Policy, you may contact us using the information below.

By Email: [email protected]

Contact Form: https://writeaprisoner.com/contact

By Postal Mail:

WriteAPrisoner.com, Inc. 
P.O. Box 10
Edgewater, FL 32132-0010
USA

By checking the box, you acknowledge that you have read and agreed to our Terms of Service and Privacy Policy .

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