OpenLetter.net

OpenLetter.net Terms of Service

Last Updated: February 1st, 2024

INTRODUCTION

Welcome to OpenLetter.net. This is a legally binding agreement between you and Survival and Flourishing .Com, PBC (“SFC”, “we”, or “us”), the operator of OpenLetter.net. These Terms of Service (“Terms”) govern your access to and use of our OpenLetter.net website (the “Site”) and related service (collectively, the “Service”) as a “User,” as defined below. Important background:

An “Open Letter” is an open letter, petition, or statement available for signing or viewing through the Service.
An “Organizer” is the individual or entity that uses our Service to start and manage an Open Letter. SFC itself may act as an Organizer for some Open Letters.
A “User” is a member of the public that signs or views an Open Letter or otherwise interacts with our Site or other aspects of our Service, other than in their capacity as an Organizer.
SFC may host Open Letters on its own sites, such as the OpenLetter.net Site. The Service may also allow certain Open Letters to be hosted or usable through a third-party site or online service, such as through its Organizer’s site. Some Open Letters may be visible and signable on several of these locations at once. These Terms apply to the Service in all of those locations.

By using the Service in any manner, (i) you agree to these Terms, and (ii) you authorize the collection, use, disclosure and other handling of information as set forth in our Privacy Policy. You must comply with these Terms and any other policies, rules and guidelines that SFC provides in the Service. If you do not agree, you may not use the Service. If you see something on the Service that you believe violates our Terms, please report it to us at report@openletter.net.

From time to time, we may, in our sole discretion, update these Terms by posting the updated version and updating the “Last Updated” date at the top of the page. Unless you first reject the updated Terms by discontinuing all use of the Service and sending a notice of termination to termination@openletter.net, you will be deemed to accept the changes and they will take effect at the “Update Effective Time,” which is the earlier of: (a) 11:00 a.m. Eastern time on the 15th day after SFC posts them (or a later date that we specify in the update, if any); (b) your first ever use of a new or changed feature of the Service that is subject to the updated Terms, or (c) your taking some other action to specifically accept the updated Terms, such as clicking to accept them. You must send the termination notice from the email address associated with your account, or if this is not possible, you must promptly cooperate with us to identify your account. Regardless of the email address you use, you must promptly cooperate with any request from us to authenticate that you are the account holder and that you are the actual sender of the termination notice. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. You are prohibited from using the Service after sending a notice of termination, except as may be necessary to follow any instructions we may provide via email for authentication of your identity and request. If you violate this requirement and do use the Service after sending a notice of termination (and before we block your access), your termination notice will be void as if it had never taken effect, and the updated Terms will take effect (or will have taken effect) at the Update Effective Time.

The Service is not intended for use by persons under the age of 18. If you are under 18 years of age, you are not authorized to use the Service.

You agree not to use the Service if we have prohibited you from using it.

BY USING THE OPENLETTER.NET SERVICES, YOU AGREE TO THE CLASS ACTION WAIVER AND JURY WAIVER PROVISIONS CONTAINED IN SECTION 10 OF THESE TERMS.

ACCESS AND USE OF THE OPENLETTER.NET SERVICE

Your Access. We reserve the right to, and may, terminate or temporarily suspend your access to all or any part of the Services, without notice, for conduct that we believe violates these Terms or any of our policies, procedures, rules, regulations or guidelines, or for any other reason in our sole discretion. If you breach any of the provisions of these Terms, all rights granted to you by us pursuant to these Terms will terminate automatically.

Account. To use certain parts of the Service, you may need to open a user account. You will be asked to provide us with certain information such as a valid email address or to create an account through a third-party login. You are solely responsible for maintaining the confidentiality of your account, your email address and your third-party login information. You must ensure the information you provide to us is true, accurate, current, and complete to the best of your knowledge, and you must update it when it changes. You may not sell, share, or provide access to your account to anyone else.

Cancellation. You can cancel your SFC account at any time by contacting us at termination@openletter.net and cooperating with us to identify your account and confirm your request. If you access SFC through a third-party login, or connect to that third-party account as part of a signature, canceling your third-party account will not cancel your OpenLetter.net account or signatures.

Communication Preferences. With your use of the Service, you consent to receive communications by email. We may send you curated content including newsletters, digests or other promotional materials that may be of interest to you. You may stop receiving our promotional emails by (i) clicking the unsubscribe links contained in the emails, or (ii) by emailing your request to opt out, along with the contact information to which your request applies, to contact@openletter.net.

You agree that providing you these Terms (including all updates thereto), agreements, notices, disclosures, and other communications electronically (such as by email or through the Service) will satisfy any legal requirement that such communications be in writing.

CONDITIONS OF USE

Use of the Service. You agree to not use the Service in any manner that could damage, disable, overburden, or impair the Service. By using the Service, you agree not to engage in any activity that, in our sole discretion:

Access the Service if we request or have requested that you refrain from such access;
Is illegal, or violates any federal, state, or local law or regulation;
Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, pornographic, libelous, hate speech, violent or inciting violence, inflammatory, or otherwise objectionable;
Falsely states, misrepresents, or conceals your affiliation with another person or entity;
Accesses or uses the account of another user without permission;
Uses any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm, or methodology or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Service, or in any way reproduce or circumvent any aspect of the Service (such as the navigational structure or presentation of any of the Service), or to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Service (but these Terms do not prohibit the normal use of personal accessibility technology, such as a screen reader for individuals with visual impairment, to access the Service).
Modifies, copies, scrapes or crawls, displays, distributes, publishes, licenses, sells, rents, leases, lends, transfers, or otherwise commercializes any materials or content on the Service, except as specifically authorized;
Interferes with any other party’s use and enjoyment of the Service;
Attempts to impersonate another person or entity;
Transmits or attempts to transmit any communications to SFC outside of communications channels designated by SFC;
Displays to others, mirrors or frames the Service, or any individual element within the Services;
Permits third parties to observe your logging into the Service or to collect information about the login process;
Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
Interferes with, disrupts, disables, overburdens, or destroys the functionality or use of any features of the Service, or the servers or networks connected to the Service;
Sends any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
“Hacks” or accesses without permission our proprietary or confidential records, those of another user, or those of anyone else, including by probing, scanning or testing the vulnerability of the Service or any third-party services accessible through the Service;
Improperly solicits personal or sensitive information from other users including without limitation address, credit card or financial account information, or passwords;
Decompiles, reverse engineers, disassembles, or otherwise attempts to derive source code from the Service, except as expressly permitted in these Terms or as required by law;
Removes, circumvents, disables, damages, or otherwise interferes with security-related features, or features that enforce limitations on use of the Service;
Downloads (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms), distributes, posts, transmits, performs, reproduces, broadcasts, duplicates, uploads, licenses, creates derivative works from, or offers for sale any content or other information contained on or obtained from or through the Service, by any means except as provided for in these Terms; or
Attempts to do any of the above.

Monitoring Use. SFC may monitor and log your use of the Service, including frequency, duration, login from IP address, and information about your devices and operating system to detect abuses of its Services, and to detect and prevent fraud and unauthorized access. We may use technical means to detect and block any activity prohibited by these Terms, but our failure to do so is not a waiver of this prohibition.

CONTENT AND LICENSING

All materials on the Service, including the designs, graphics, text, sounds, pictures, videos, software and other files and the selection and arrangement thereof (collectively, “Materials”), are the property of SFC or its licensors and are protected by intellectual property laws. Subject to your compliance with these Terms, SFC grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use the Service solely for your personal, non-commercial use. You will not obtain any ownership interest in the Materials or the Service through these Terms or otherwise. The posting or display of any Materials does not constitute a waiver of any rights in such Materials. All rights to Materials are reserved to their respective copyright owners. Except as expressly authorized by these Terms, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of SFC or the respective copyright owner. SFC authorizes you to use only the Materials that we intentionally make available to you, and you may use them only for your own personal, non-commercial use. You must keep intact all copyright and other proprietary notices contained in the Materials. You may not modify or adapt the Materials in any way or otherwise use them (such as for any public or commercial purposes). The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on the Service (including, without limitation, any marks associated with any products available on the Service) are the sole and exclusive property of SFC and/or its licensors and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of SFC and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of SFC and may not be copied, imitated or used in whole or in part, without our prior written authorization.

None of the Materials or Service may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, re-transmitted in any form or by any means (electronic, mechanical, photocopying, recordation, photo-reproduced, or otherwise), or reproduced without the express prior written permission of SFC or its licensors.

Under no circumstances will SFC be liable in any way for any content or materials of any third parties, such as the content of an open letter an Organizer prepared, or the content of a User’s profile (together, “Third Party Material”), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that SFC need not pre-screen Third Party Material. However, SFC reserves the right, but does not have the obligation, in its sole discretion to remove, restrict, or edit any content, including Third Party Materials, on the Services. Without limiting the foregoing, SFC will have the right to remove any content that violates these Terms or is deemed by SFC, in its sole discretion, to be otherwise objectionable.

You agree that you must evaluate, and bear all risks associated with the use of any Material, including Third Party Material, including any reliance on the accuracy, completeness, or usefulness of such content.

From time to time, you may provide us with comments, suggestions, or ideas for enhancements, improvements, changes, or additions to the Service or our business in general, including ideas for new features, materials, and other content (“Feedback”). By providing us Feedback, you grant to us exclusive ownership of the Feedback and of all intellectual property rights and other rights in it, and you will provide us with reasonable cooperation in documenting this grant. SFC has no obligation to do anything with Feedback, but we will have the full, worldwide, unencumbered right to use, incorporate, and otherwise fully exercise and exploit any such Feedback via all forms of media, distribution methods, and technology now known or later developed, for any purposes, commercial or otherwise, and to transfer or license our rights in the Feedback, without notice, acknowledgement or compensation to you.

USER CONTENT

The Service may enable you or other users to create, modify, submit, or add information, including information about you (collectively, “User Content”). You, or your licensors, as applicable, retain ownership of any copyright or other intellectual property rights you may have in your User Content, subject to the non-exclusive license granted below.

By posting User Content, you grant SFC a perpetual, irrevocable, nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable (through multiple tiers), license to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, store, display and distribute, translate, communicate, and otherwise use the User Content in connection with the operation the Service or other aspects of our business, including to use the User Content for SFC’s promotional, advertising or marketing purposes, in each case via all forms of media, distribution methods, and technology now known or later developed. For example, we might include User Content in an advertisement about the SFC. This license includes the right for SFC to make User Content available to other companies, organizations, business partners, or individuals (including those who collaborate with SFC for communication, distribution, or publication) and to make User Content publicly available. This license also includes the right for us to allow other users of the Service to use User Content in the manner permitted by the then-current Terms.

Although certain parts of the Service have features to delete or modify certain User Content as it is visible to you or others, SFC has the right to preserve any version of User Content despite the use of such features. SFC may disclose any version of User Content as described in our Privacy Policy.

SFC may remove or refuse to publish any User Content, in whole or part, at any time in its sole discretion. You grant SFC and its authorized agents the permission to view, monitor, edit, delete or otherwise moderate any User Content, including any unpublished User Content, at any time, but you agree that SFC has no obligation to do any of that. The fact any particular User Content is accessible does not mean that we agree with it, support it, or believe it to be safe or reliable, or that it complies with our Terms, or that we have even reviewed it: it means only that we have not deleted it. Your use of User Content and anything related to it (such as participation in events it mentions) is at your own risk.

You may post User Content only if: (1) you own the User Content or you have obtained all necessary licenses and permissions to post such User Content and grant us the rights and licenses described in these Terms, and (2) your posting of User Content does not violate any third party’s rights or any legal requirement. You agree to pay all royalties, fees, and any other monies owed to any person by reason of any User Content you post.

RELEASE

To the extent permitted by applicable law, you agree not to hold SFC or its owners, officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries (collectively with SFC, “SFC and its Affiliated Parties”) responsible or liable for the acts and omissions of users, content providers, and other third parties, including any such acts or omissions that occur at events advertised or organized through — or otherwise mentioned on — the Service. Each of the Affiliated Parties will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. To the extent permitted by applicable law, you release and agree to release SFC and its Affiliated Parties from all claims, demands, and damages (including both direct and consequential) arising out of or in any way connected with such acts and omissions. You acknowledge that some events or interactions advertised on organized through, or otherwise mentioned on the Service may carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in any of these events or interactions, you assume these risks.

COPYRIGHT COMPLAINTS - DIGITAL MILLENNIUM COPYRIGHT ACT

It is our policy to terminate the accounts of repeat infringers in appropriate circumstances. If you believe your intellectual property is being infringed by the Service, please submit a complaint and request for takedown of specific material to copyright@openletter.net. Be sure to provide us with the following information:

(i) an electronic or physical signature of the copyright owner or person authorized to act on behalf of an exclusive right that allegedly is infringed;
(ii) identification of the copyrighted work that you claim has been infringed or, if there are multiple works, a representative list of such works;
(iii) identification of the infringing material or activity (or the reference or link to such material) and information reasonably sufficient to permit us to locate the material;
(iv) contact information for the copyright owner or the owner’s authorized agent, including email address if available;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of a right that is allegedly infringed.

Although copyright@openletter.net is the best way to submit your complaint for the fastest response, our Copyright Agent also may be reached as follows:

Admin Department

Survival and Flourishing .Com, PBC

PO Box 22826

Oakland, CA 94609

Phone: 707-297-9191

Email: copyright@survivalandflourishing.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

THIRD PARTY WEBSITES

The Service may contain links to third-party websites. If you use these links, you will leave the Service and your dealings will solely be with the third-party websites. You agree that SFC is not responsible or liable for any content, goods or services provided on or through these outside websites. You use these links at your own risk and liability. We have no responsibility for the content, legality or accuracy of any third-party information, products or services.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOUR USE OF THE OPENLETTER.NET SERVICES IS AT YOUR SOLE RISK. OPENLETTER.NET IS PROVIDING THE OPENLETTER.NET SERVICES ALONG WITH CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS ON AN “AS IS” AND “AS AVAILABLE” BASIS. OPENLETTER.NET AND ITS OPENLETTER.NET AFFILIATED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, AND IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

OPENLETTER.NET MAKES NO WARRANTIES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) USER CONTENT; (ii) ANY THIRD PARTY, OR THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE ACCESSIBLE OR MADE AVAILABLE TO YOU THROUGH THE OPENLETTER.NET SERVICES; (iii) THE QUALITY OR CONDUCT OF ANY USER OR OTHER THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE OPENLETTER.NET SERVICES, INCLUDING ANY ACTIVITIES, EVENTS, ENGAGEMENT OR INTERACTIONS WITH OTHERS THAT MAY BE FACILITATED THROUGH USE OF THE OPENLETTER.NET SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF USER CONTENT. FURTHER, OPENLETTER.NET AND ITS AFFILIATED PARTIES MAKE NO WARRANTY THAT THE OPENLETTER.NET SERVICES (INCLUDING ANY INFORMATION OR OTHER MATERIAL YOU OBTAIN THROUGH THE OPENLETTER.NET SERVICES) WILL (I) MEET YOUR REQUIREMENTS, (II) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) BE ACCURATE OR RELIABLE, (IV) BE OF SUFFICIENT QUALITY, AND (V) BE CORRECTED OF ANY ERRORS. YOUR USE OF MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OPENLETTER.NET SERVICES AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, YOUR MOBILE DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OPENLETTER.NET AND ITS AFFILIATED PARTIES ON OR THROUGH THE OPENLETTER.NET SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, IN NO EVENT SHALL OPEN LETTER OR ITS AFFILIATED PARTIES BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER. THE OPEN LETTER SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NOTWITHSTANDING THE FOREGOING, THE SOLE AND AGGREGATE MAXIMUM LIABILITY OF OPENLETTER.NET AND ITS AFFILIATED PARTIES FOR ANY REASON AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE GREATER OF (I) $100 AND (II) THE AMOUNT PAID BY YOU FOR OPENLETTER.NET SERVICES IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO THE CLAIM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IF YOU HAVE NOT PAID OPENLETTER.NET ANYTHING FOR OPENLETTER.NET SERVICES DURING THAT TWELVE-MONTH PERIOD, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE EXCLUSIONS APPLY, AND LIABILITY IS LIMITED, ONLY TO THE EXTENT PERMITTED BY LAW.

SERVICE USAGE; TERMINATION OF USAGE

You agree to use the Service only for lawful purposes. You will not share your login credentials or access to the Service with anybody. You are solely responsible for your use of the Service and for all actions that take place using your login credentials, account, or access to the Service.

You may not access the Service from any territory where it is illegal to do so. If you reside outside the United States and use the Service, you do so on your own initiative and are responsible for compliance with your local laws.

These Terms may be terminated by SFC at any time. You also agree that SFC may terminate or suspend your access to the Service, without notice, for any or no reason in its sole discretion. We may do so, for example, for any conduct that SFC, in its sole discretion, believes violates any applicable law, violates SFC Terms (such as violations of posted policies), or is otherwise harmful to the interests of another user or SFC and its Affiliated Parties. You may terminate these Terms at any time by sending a notice of termination to termination@openletter.net and cooperating with us to identify your account and confirm your request, provided that you first discontinue any further use of the Service and destroy any downloaded materials and copies of them. You must send the termination notice from the email address associated with your account, or that you have used to sign an Open Letter if possible. Regardless of the email address you use, you must promptly cooperate with any request from us to authenticate your identity and that you are the actual sender of the termination notice. You are prohibited from using the Service after sending a notice of termination, except as may be necessary to follow any instructions we may provide via email for authentication of your identity and request. If you violate this requirement and do use the Service after sending a notice of termination (and before we block your access), your termination notice will be void as if it had never taken effect.

SFC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. Except as otherwise expressly stated in these Terms, you agree that SFC and its Affiliated Parties shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Service.

Our right to publicly post and distribute worldwide your signature and related profile information in connection with any Open Letter you have signed will survive any termination of these Terms.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless SFC and its Affiliated Parties against all liability, causes of action, damages and costs, including any reasonable attorneys’ fees, arising from third-party claims relating to (i) your use of the Service, (ii) your breach of these Terms, (iii) your infringement or violation of any rights of another, or (iv) termination of your access to the Service.

SFC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SFC in asserting any available defenses. You agree that the provisions in this section will survive any termination of your account, these Terms or your access to the Service.

If you are a California resident, you waive California Civil Code Section 1542, which provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

APPLICABLE LAW; JURISDICTION; DISPUTE RESOLUTION

This Agreement shall be governed by the laws of the United States and the State of California, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

You agree that any claim or dispute relating to the Service or the Terms must be resolved exclusively by a court of competent jurisdiction, federal or state, located in Alameda, California, and no other court. You agree to submit to the personal jurisdiction of such courts and to accept service of process from them.

If there is an instance when you have a concern that needs special attention, SFC is committed to working with you to reach a reasonable resolution. However, we can only do this if we know about it. Therefore, for any concern you may have with the Service, you agree to first send a written description of it to contact@openletter.net so we have an opportunity to address it. You agree to work with SFC in good faith to resolve the concern. We believe this should lead to resolution. However, if for some reason the concern is not resolved satisfactorily within sixty (60) days after we receive your email, and all necessary information, you shall agree to resolve the claim or dispute as described above.

YOU AND OPENLETTER.NET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. WE BOTH AGREE THAT YOU AND OPENLETTER.NET BOTH WAIVE ANY RIGHT TO A JURY TRIAL INVOLVING ANY CLAIMS OR DISPUTES.

In no event can any claim or action by you related to the Service be instituted more than one year after the cause of action arose.

TECHNOLOGY AND RESOURCES

Use of our Service made available online or that are capable of connecting to the Internet (collectively, “Online Services”) may require an Internet connection (such as wireless mobile data service), which you must obtain at your cost from your wireless carrier or other Internet service provider. You are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all related usage charges. You may be required to send and receive, at your cost, electronic communications related to the Online Services, including without limitation, administrative messages, service announcements, and diagnostic data reports, to and from the Service or your third-party service provider. If you do not have an unlimited data plan with the provider you use for an Internet connection, you may incur additional charges. The Online Services may cause your device to send and receive data at your cost for those and other reasons over the Internet whether or not you have taken a specific action in the Service. These and other aspects of the Service may involve activity that uses your device’s battery or other resources with or without involvement from or notice to you (including in the background while you have closed and are not actively interacting with the Service), which may shorten the life of your battery or other resources and cause you to incur unexpected energy costs. SFC will have no liability for any of that.

You are solely responsible for obtaining any additional subscription, connectivity, or energy services or equipment necessary to access and use the Online Services, including but not limited to payment of all third-party fees associated therewith, including fees for information sent to or through the Online Services.

We do not warrant that the Online Services will be compatible with your network provider or device. You acknowledge and agree that we may release updates to the Online Services and that you may be required to install any such update (and/or, in some cases, an update or replacement to your browser or device) in order for the Online Service to continue functioning properly. You may not export any Service except in compliance with all applicable laws.

MISCELLANEOUS

Section Titles. The section titles in these Terms are for convenience only and have no legal or contractual effect.

Non-Breach. Our failure to comply with these Terms because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control shall not be deemed a breach of these Terms. Under no circumstances shall SFC be held liable for any delay or failure in performance resulting directly or indirectly from an event beyond its reasonable control.

Remedies. All remedies under these Terms shall be cumulative and not exclusive.

No Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Severability. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected.

Entire Agreement. These Terms constitute the entire and only agreement between SFC and you with respect to the Service in your capacity as a User (as opposed to in your capacity as an Organizer). These Terms supersede any prior or contemporaneous agreements, representations, warranties and understandings, written or oral, regarding these Terms or the Service in your capacity as a User (as opposed to in your capacity as an Organizer).

No Waiver. The failure of SFC and its Affiliated Parties to insist upon strict adherence to any term of these Terms shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of these terms of service.

Assignment. These Terms, and any rights, licenses or obligations you receive hereunder, cannot be transferred or assigned by you, and you will not attempt to do so. Any attempted transfer or assignment in violation hereof shall be null and void. SFC may in its sole discretion assign these Terms and any rights, licenses or obligations it receives hereunder without restriction.

CONTACT INFORMATION

If you have any comments, questions, or concerns regarding these Terms or the Service, please contact us at legal@openletter.net so that we have a chance to promptly address any issue.