Terms and Conditions

Welcome, and thank you for using Simply Written™. When you use our products and services, including www.simplywritten.com (collectively referred to as the “Services”), you are entering into a legally binding agreement with Mailing Services of Pittsburgh, Inc., d/b/a/ Simply Written (referred to herein as “us“) based on these Terms and Conditions (the “Terms“).

Please take the time to review these Terms. We may modify these Terms from time to time and we will use our best efforts to notify you if changes are made. If you do not agree to these Terms, then do not create an account with us and do not use the Services.


 

1. The Services

The Services enable you to create customized thank you notes.

 

1.1. Use of the Services. Simply Written is an innovative tool that enables you to create personalized thank you notes using our library of handwritings, copy, and customized stationery. You understand and agree that our handwritings, copy, stationery, and other design tools are not unique to you and are made available for use by all of our users. To learn more about the Services, please review of Frequently Asked Questions. If you set up an account on behalf of a business or other entity, you represent and warrant that you are an authorized representative of that entity and that you have the full power and authority to enter into an agreement with us for the Services and to bind that entity to these Terms.

In using the Services, you agree that you meet our eligibility requirements.

 

1.2. Eligibility. To be eligible to use the Services, you represent and warrant that you: (a) agree to use the Services in compliance with these Terms and comply with all applicable laws and regulations including, without limitation, those related to privacy, security, intellectual property, and taxes; (b) will provide only truthful and accurate information to us when setting up your account; (c) have permission to send notes to all of your intended recipients; (d) are not currently restricted from using the Services by Simply Written; (e) are not a competitor of Simply Written or using the Services in any way that competes with Simply Written; (f) have full power and authority to enter into these Terms; (g) will use the Services in compliance with these Terms; and (h) that you are at least eighteen (18) years of age.

You are liable for all acts or omissions of your end users.

 

1.3. End Users. End Users shall mean any person or entity that uses or accesses the Services, and includes you and any of your employees, agents, contractors, authorized users and any other person or entity on whose behalf you accept these Terms, all of whom shall also be bound by these Terms. You are responsible for all acts and omissions of your End Users. Any act or omission by an End User which, if undertaken by you would constitute a breach of these Terms, shall be deemed to be a breach of these Terms by you. You shall make all End Users aware of the provisions of these Terms, as well as any modifications or amendments, and shall cause End Users to comply with all such provisions.

Do not use the Services in any unlawful manner or interrupt the Services in any way.

 

1.4. Prohibited Activities. In using the Services, you agree NOT to: (a) use the Services for any illegal purpose; (b) transmit any material that is obscene, inflammatory, libelous, derogatory, infringing, or otherwise offensive; (c) interfere with the security of the Services in anyway, including transmitting any “spam,” virus, malware, or other harmful code or using the login information of any other user (collectively referred to as “Harmful Code”); (d) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code or any underlying intellectual property used to provide the Services, or any part thereof; (e) rent, lease, loan, or trade access to the Services; (f) infringe or use any of our brands, logos, trademarks, service marks, designs; (g) engage in “framing,” “mirroring,” or otherwise simulating the appearance of the Services; and (h) use any manual or automated software or devices to access, “scrape,” “crawl,” or “spider” any part of the Services. We reserve the right to prohibit you from using the Services if we determine, in our sole discretion, that you have engaged in any of these prohibited activities. We also reserve the right to remove or discard any content you submit to the Services if the content is deemed to violate these Terms.

We may modify the Services at any time.

 

1.5. Modifications to the Services. We may modify, replace, or discontinue the Services, in whole or in part, at any time in our sole discretion. For example, the Services comprise software licensed from third parties. In the event this third party software becomes no longer available or is found to infringe upon the intellectual property rights of another, we may: (a) modify the Services; (b) replace or modify the Services with a comparable substitute software solution; or (c) if modification of the Services is not commercially feasible, we may terminate your account. We will use our best efforts to notify you in the event we make material changes to the Services. However, you agree that advance notice of any changes to the Services will not be necessary or reasonably practical under most circumstances.

We retain ownership of the Services and we grant you a limited right to use them in accordance with these Terms.

 

1.6. Our Ownership Rights. We retain all right, title, and interest in and to the Services, along with all associated intellectual property and other proprietary rights, including but not limited to any trademarks, service marks, logos, copyrights, and inventions whether, patentable or not. We will also own any ideas, concepts, suggestions, improvements, or other feedback you submit to us relating to the Services with no compensation to you. Provided you comply with these Terms, we grant you a limited, nonexclusive right to use the Services, including our proprietary handwritings, copy library, and stationery designs, for their intended purpose. You may not sublicense, transfer, or assign any of the rights granted in these Terms and we retain all rights not expressly granted to you in these Terms. If you decide to close your account with us, your right to use the Services will automatically terminate.

You retain ownership of your intellectual property and any original content you generate using the Services.

 

1.7. Your Ownership Rights. You retain ownership of your intellectual property, including your trademarks, service marks, logos and copyrighted material. In the event you create any original content using our Services, you shall retain ownership of your original content. Note that any ownership right will only extend to your original content and will not include any of our pre-exiting or future intellectual property including handwritings, copy, stationery designs, and other features hereinafter developed, acquired, or offered through the Services. You grant us a nonexclusive, worldwide, royalty free right to copy, distribute, publish, display, transmit, and otherwise use your intellectual property and original content for the purpose of fulfilling our obligations under these Terms.

Your allocation of Notes is available until the end of the Calendar Year in which you purchased the Notes. Notes do not roll over beyond that specific Calendar Year. 

 

1.8. Payments and Refunds. Our pricing is based on the number of notes you want to write and includes customization, use of our Writing Desk, printing, stuffing, sealing, First Class postage (within the United States), and mailing of your notes to your intended recipients. All sales are final. And nonrefundable. We reserve the right to increase fees for the Service at any time. Your allocation of notes is available for the calendar year in which you purchased your notes plan, until all points have been used.  We cannot refund you for any unused notes.
 

1.9. Shipping and Risk of Loss. We will ship your notes via First Class Mail (within the United States) to your intended recipients using the addresses you provide. We reserve the right to increase our shipping fees at any time to reflect increases in these costs as determined by the postal system or our independent carriers. We have no control over the postal system or any independent carrier we use to deliver your notes. Any delivery dates quoted by the Services are purely estimates. Actual delivery time of your notes could be affected by a number of factors including your recipient's location, inclement weather, fault by the postal system or independent carrier, and force majeure events such as fire, flood, lockout, transportation delay, war, acts of God, governmental rule or order, strikes or other labor difficulties, or other causes beyond our reasonable control. Title to your notes, along with all risk of loss, is transferred from us to you when we deliver the notes to the carrier. In no event shall we have any liability for any delay in the delivery of your notes or for any loss of your notes.


 

2. Privacy

We take your privacy very seriously and we agree not to share your information with any third party or use your information for any purpose not described by these Terms.

 

2.1. How We Collect Your Information. When you create an account to use the Services, we will collect certain information such as your name, business name, email address, telephone number, address, and contacts. We will collect information about you when you interact with our customer service representatives in an effort to respond to your inquiries. We will also collect your credit card or debit card information so that we can process your payment. Like most websites, we may also use a persistent identifier (such as a “cookie,” device or processor serial number, or an IP address) to collect information about how you use the Services and about your computer, including your location, browser, operating system, and referring URL. In the course of serving advertisements or optimizing the Services, we may allow authorized third parties to place or recognize a unique cookie on your browser. Any information provided to third parties through cookies will not be personally identifiable but may provide general segment information (e.g., your industry or geography, career field, or information about your professional or educational background). Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. We do not store unencrypted personally identifiable information in the cookies.

We use your information to set up your account and to enhance your use of the Services.

 

2.2. How We Use Your Information. We will use your information to create your account and collect information about how you use the Services. We may provide aggregated anonymous data about the usage of the Services to third parties for purposes that we deem, in our sole discretion, to be appropriate, including for our own marketing research and for evaluating prospective advertisers for the Services.

We use industry standard protocols to protect your information, but we cannot make the internet 100% secure.

 

2.3. How We Protect Your Information. Your account is password protected. To maintain your privacy and security, we recommend that you keep your login and password confidential and not share it with any third party. All information you provide using the Services will be protected with industry standard protocols and technology. Despite our best efforts, we cannot make the internet 100% secure and we do not make any warranties as to the security of your personal information, business contacts, or the content you generate using the Services. Please note that emails and other means of communication are not encrypted and we strongly advise you to not communicate any confidential or proprietary information through these means.


 

3. Points Allocation and Termination

We can both terminate your account at anytime. We can also terminate your account if you violate these Terms.

 

3.1. Contract Allocation. When you create an account with us, you will select the number of points (Contract Allocation). Currently, our minimum Contract Allocation is thirty (30) points. 

 

3.2. Termination without Cause. You may terminate your account at any time upon notice to us pursuant to these Terms. In addition, we may terminate your account for repeat violations under the Digital Millennium Copyright Act (DMCA) as determined by us in our sole discretion. This notice shall be effective upon us processing your request. We may terminate your account at any time with or without notice to you. This termination shall be effective immediately or as specified by us.

 

3.3. Termination for Cause. We may also restrict, suspend or terminate your account in the event you misuse the Services, violate these Terms, or fail to make timely payments on your account.

Upon termination, we have no obligation to save, store, or provide you with access to the Services.

 

3.4. Effect of Termination. Any provisions of these Terms which by their nature should survive termination of your account shall survive. Upon termination of your account for any reason, we have no obligation to store, save, or otherwise provide you with access to the Services, any content you have generated or saved using the Services, or your contacts.


 

4. Indemnification and
     Limit of Liability

You will indemnify us for any claims, costs, or expenses arising out of your use of the Services.

 

You agree to defend, indemnify, and hold us, our agents, employees, and officers, harmless from and against any and all claims, costs, and damages, including reasonable attorneys' fees, arising out of or in connection with: (a) your use of the Services or any information, materials, or other content provided herein; (b) your violation of these Terms or any applicable law; (c) your violation of any third party intellectual property or other propriety right; and (d) any violation of your obligations with respect to Harmful Code.

Our total liability shall not exceed the amount you paid in the six month period preceding the event giving rise to liability.

 

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY YOU IN THE SIX (6) MONTH PERIOD PRECEDING THE EVENT GIVING RISE OF SUCH LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), REGARDLESS OF WHETHER WE (A) HAD BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (B) ARE NEGLIGENT.

 

WE HAVE NO LIABILITY FOR ANY LOSS, DAMAGE, CORRUPTION, OR UNAUTHORIZED DISCLOSURE OF ANY OF DATA, ELECTRONIC FILES, PERSONAL INFORMATION, FINANCIAL INFORMATION, OR CONTENT, OR FOR ANY PERSONAL INJURY, PRODUCT LIABILITY, PROPERTY DAMAGE, OR ANY OTHER PHYSICAL DAMAGE TO ANY COMPUTER, HARDWARE, MOBILE DEVICE, OR OTHER EQUIPMENT. IN NO EVENT SHALL WE BE LIABLE FOR ANY CLAIM OR DAMAGES ARISING FROM ANY THIRD PARTY HARDWARE OR SOFTWARE OR FOR ANY USER ERROR IN RELATION TO THE SERVICES.


 

5. Disclaimer of Warranties

The Services are provided on an “as is” basis and we disclaim all warranties to the fullest extent permitted by law.

 

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, ARE ERROR-FREE, WILL BE FREE FROM INTERRUPTIONS, ARE COMPATIBLE WITH YOUR OPERATING ENVIRONMENT, ARE FREE FROM MALWARE, VIRUSES, OR HARMFUL CODE, OR WILL ACCOMPLISH ANY PARTICULAR RESULT. WE HAVE NO OBLIGATION WITH RESPECT TO ANY THIRD PARTY HARDWARE OR SOFTWARE THAT MAY BE INCORPORATED INTO THE SERVICES AND WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SUCH THIRD PARTY HARDWARE OR SOFTWARE.

 

WE HAVE NO OBLIGATION TO VERIFY THE IDENTITY OF ANY USER OF THE SERVICES. WE DO NOT CONTROL OR MONITOR USER GENERATED CONTENT AND WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ACCURACY OF ANY CONTENT CONTAINED ON THE SERVICES.

 

YOU AGREE THAT WE CANNOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, INTERRUPTIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.


 

6. Third Party Websites

We have no control over third party websites.

 

From time to time the Services may contain links to other websites owned and operated by third parties. These third party websites may have terms and conditions that are different from ours. We have no control over these third party websites and you agree that any interaction you may have with these other websites will be governed by their terms and conditions. You should be familiar with the terms and conditions of each website you visit.


 

7. Export Compliance

You will comply with all export laws and regulations.

 

You agree to comply with all applicable export laws, codes, regulations, and license requirements of the United States of America and other applicable jurisdictions in connection with your use of the Services.


 

8. Remedies

We shall be entitled to all equitable remedies.

 

You agree that we would be irreparably harmed if you violate these Terms in any way. You agree that we will be entitled to all equitable remedies with respect to any breach of these Terms in addition to any and all other remedies which may be available under applicable law.


 

9. Miscellaneous

These Terms set forth the entire agreement between us. In the unlikely event of a dispute, you agree to the laws and courts of the Commonwealth of Pennsylvania.

 

These Terms set forth the entire agreement between us with respect to the use of the Services and supersedes all prior negotiations and dealings, oral or written. In the event of a conflict between these Terms and any other agreement or understanding between us, these Terms will govern. These Terms shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. You agree that the Courts of Allegheny County, Pennsylvania shall have exclusive jurisdiction to settle any claim or dispute between us in connection with the Services or these Terms. You may not sell, assign, transfer, or otherwise dispose of your rights or delegate your duties under these Terms without our prior written consent. We may freely assign or delegate all rights and obligations under these Terms in whole or in part. Any provision of these Terms which is prohibited or unenforceable in any jurisdiction shall be ineffective in that jurisdiction without invalidating the remaining portions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. Our failure to enforce any provision of these Terms shall not be considered a waiver of such provision.


 

10. NOTICES

We may communicate with you using your account information.

 

You agree that we may communicate with you using your account information to notify you of changes to these Terms, changes to the Services, or to provide you with information related to our other products and services. We may also communicate messages or notices to you about the Services by updating these Terms or posting notifications on our website.

You may contact us via email or U.S. mail.

 

If you have questions or comments about these Terms, please contact us via email at CustomerCare@simplywritten.com or via mail at:


155 Commerce Dr
Freedom PA 15042