Terms and Conditions of Service
The Site and the provided products and services are delivered by Rehabilitate Through Christ Prison Ministry, Inc., a non-profit organization (hereinafter referred to as “RTCPrisonM”). The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, RTCPrisonM and/or our affiliates, assignees, successors and/or brands. As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Site, whether registered under an account or not.
By accessing this Site, you are agreeing to be bound by these web site terms and conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these Terms, you are prohibited from using or accessing this Site. The materials contained in this Site are protected by applicable copyright and trade mark law.
RTCPrisonM provides services that include, but are not limited to, sending personalized birthday cards, letters, messages, cards, bibles marked with concordances and daily devotionals to inmates in prisons and correctionals around the country (collectively, the “Service(s)”). Access to the Site is offered only for your use, and not for the use or benefit of any third party. Access to the Site may be terminated or suspended, without prior notice or liability of RTCPrisonM.
If you continue to browse and use RTCPrisonM, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern RTCPrisonM’s relationship with you in relation to the Site, along with any products and Services offered thereby.
RTCPrisonM reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, at any time and without notice. Any changes will be displayed in the Site, and we may notify you by email. Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated in our contact web page. We will undertake our commercially reasonable efforts in order to answer as quickly as possible. You must provide us full details of your service query so that we can clearly identify your issue of concern.
RTCPrisonM encourages parents, legal guardians and responsible adults to be actively involved in the safe use of the Internet by children and minors. RTCPrisonM does not knowingly provide its Services to persons under the age of eighteen (18). If you are under such age, you may not use them, even under the direct supervision of your parent or legal guardian. RTCPrisonM does not knowingly collect any kind of information from any person under the age of eighteen (18), and will delete any related information thereto.
As our user, you agree to not undertake, motivate, or facilitate the use or access of the Site, the Products or the Services in order to:
a. Infringe these Terms, or allow, encourage or facilitate others to do so.
b. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
c. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, sexually explicit material, pornographic, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, binary options, Forex, pornographic or analogous material.
d. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of any of our Services; or (iii) RTCPrisonM begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account deactivation or suspension; (ii) access termination or access revocation for our Services; (iii) RTCPrisonM’s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by RTCPrisonM to you from time to time; or (v) RTCPrisonM’s decision to make the Site or the Services no longer available for use, at its sole and final discretion.
Third Party Links.
The Site and the Services may contain hyperlinks to other websites. These links are for your personal convenience and to provide you with further information which may be of interest to you. The provision of such links does not imply any endorsement of such third party websites, products or services.
From time to time, we may place ads and promotions from third party sources within the Site. Accordingly, your participation or undertakings in promotions of third parties other than RTCPrisonM, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party. RTCPrisonM is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers.
By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
Disclaimer of Warranty.
To the fullest extent permissible under applicable law, the Site and the Services are provided to you “as is”, with “all faults” and “as available”, without warranty of any kind. RTCPrisonM, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom, usage of trade, course of dealing or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment.
In no event shall RTCPrisonM, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of the Site or the Services, including but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources; whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not RTCPrisonM, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages.
Limitation of Liability.
In no event shall RTCPrisonM’s, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of USD$50.00 (Fifty United States Dollars); and henceforth any award for direct, provable damages shall not exceed such total amount.
These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree and acknowledge to indemnify, hold harmless, and defend RTCPrisonM, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “RTCPrisonM’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such RTCPrisonM’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by RTCPrisonM); and/or (ii) any third party claim arising out of or in relation to the Site, the Products or the Services or use thereof in combination with your business platform, including without limitation, any claim that the Site, the Products or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.
Assignment. These Terms will inure to the benefit of any successors of the parties.
Entire Agreement. These Terms set forth the entire agreement between the parties hereof and may not be altered or amended except in writing signed by each both parties.
Newsletters. The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.
Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.
Applicable Law, Dispute Resolution.
Applicable Law. Your use of this Site and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of the State of Florida, United States of America, without regard to conflict of law principles.
Waiver of Class Actions, Non-Individualized Relief. You acknowledge and accept that claims brought against Newbrows shall be only on an individual basis and not as a plaintiff or class member in any possible future class or representative action or similar proceeding. Unless otherwise agreed by you and Newbrows, you may not adjoin or consolidate any claim with more than one person's; and you may not otherwise supervise or take over any form of a class, representative or consolidated proceeding.
Waiver of Jury Trial. The parties herein waive their constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, instead electing that all claims and disputes be resolved by a competent judge.
Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in the City of Miami Gardens, State of Florida. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.
If you have any questions or queries about us, the Site, our Services or these Terms, please contact us as indicated in our contact page, by email to ; by post to PO Box 2667, Miami Gardens, Florida, 3055, USA; and by phone to 786-213-6551.
Date of last effective update is [---------], 2018.