Terms of Service
Last Updated August 20, 2023
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.
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
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.
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.
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.
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:
- 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.
- 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.
- 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.
- 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.
- You agree not to post information about or post pen-pal solicitations for inmates other than those already listed on our Site.
- Sending unsolicited e-mails to non-inmate members is prohibited. Anyone sending such messages will be banned from using the Services.
- 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.
- If you are seeking legal or employment assistance on behalf of specific inmate, please post their information once along with any pertinent information.
- 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.
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:
- 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;
- do anything that could disable, overburden or impair the proper working order of the Site or Services;
- 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;
- use any robot, spider, scraper or other automated means to access the Site;
- send spam or any other unauthorized advertisements or solicitations through or using the Site or Services;
- harvest or otherwise collect or use information about users, including addresses, phone numbers or email addresses;
- solicit private information (including social security numbers, credit card numbers and passwords) from users;
- use the Site, Services, or your Account for any commercial purpose;
- intimidate or harass users;
- 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
- attempt, encourage or facilitate any of the above.
5. PAYMENTS & SUBSCRIPTIONS
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:
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).
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
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.
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.
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.
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.
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.