Terms of Service
1. Acceptance of the Terms of Service
We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using Penmate, because by using our App you accept and agree to be bound and abide by these Terms of Service..
Should you disagree with some of the provisions herein, you can either stop using the App (although we'll be sad to see you go!), or contact us at support@penmateapp. We'll be happy to hear your comments and suggestions (seriously!).
1. Changes to the Terms of Service and the App
Penmate is a work in progress, meaning that a lot will change in the near future. We reserve the right to update the App and these Terms of Service from time to time, at our discretion and without notice. Your continued use of the App following the publishing of updated Terms of Service means that you accept and agree to the changes.
2. Description of Services
You give permission to Penmate to mail printed correspondence of digital messages, and photos through the US Postal Service on your (the "Sender") behalf. Sender acknowledges this service is for persons aged 18 years and older. Messages will be sent unaltered and uncensored to the address Sender provides including the return address in which Sender provides. Penmate is not responsible for undeliverable mail or mail sent by the Sender to an incorrect address. It is the Sender's responsibility to follow all rules, guidelines, and mail policies set forth by the prison facility in which they are sending their messages and photos to. Sender also acknowledges that mail may be inspected by authorized individuals at the receiver's institution. Sender shall not use this service to engage in any illegal activity and accepts all liability of messages sent. Penmate does not provide refunds for any delivered mail.
The Penmate search service is provided to help users locate incarcerated offenders. The service is provided as an informational service only and does not constitute and should not be relied upon as an official record of any incarcerated invididuals status. It may contain errors or omissions and may not reflect the true name, age, current location, or admitted date of any individual. Penmate makes no representation, express or implied, that the information within the search is timely, or accurate, although we do our best to make sure it is up to date. Information about some inmates is not included in the search. The user shall assume all risk and responsibility, and neither the user, nor any third parties acting on behalf of or with the consent of the user, may rely upon any information contained in the search. In no event shall Penmate be liable for any damages, of any nature whatsoever, including those arising out of the use of, or the inability to use this service and reliance on information provided within the search.
3. Accessing the App, Security, and Privacy
We are working hard on improving Penmate, but we can't guarantee that the App will be up and running 24/7. We also reserve the right to suspend or restrict access to some features to users. In any case, we will not be liable if for any reason all or any part of the App is unavailable at any time or for any period, nor for any data loss (see also section 7 below).
It is a condition of your use of the App that all the information you provide on the App is correct, current and complete. In the future, you may be asked to provide certain registration details or other information. As custom for internet applications, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.
4. Intellectual Property Rights and Use Guidelines.
The App and its entire content, features and functionality (including our look!), are owned by Penmate and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You agree to not copy, modify, create derivative works of, publicly display, publicly perform, republish, any of our copyrighted material, except to the extent permitted by the App itself. If you have doubts about whether and how to use of material on the App, please address your concerns to: [email protected]
You are permitted to use the App for your personal, non-commercial use, or legitimate business purposes, provided that your activities are lawful and in accordance with these Terms of Service. Prohibited uses include violation of laws and regulations, or hacking the App in any manner. No right, title or interest in or to the App or any content on the site is transferred to you, and all rights not expressly granted are reserved. Any use of the App not expressly permitted by these Terms of Service is a breach of these Terms of Service and can lead to account termination.
5. Disclaimer of Warranties, Limitations of Liability and Indemnification.
Your use of Penmate is at your sole risk. The service is provided "as is" and "as available". We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential, resulting from your use of the App, and you agree to defend, indemnify and hold us harmless from any claims, losses, liability costs and expenses (including but not limites to attorney's fees) arising from your violation of any third-party's rights. You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the App. Because the App is not error or bug free, you agree that you will use it carefully and avoid using it ways which might result in any loss of your or any third party's property or information.
6. Governing Law and Jurisdiction
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule.
7. Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Penmate and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
We welcome any comment, question and communication at [email protected]