Terms
and Conditions (Read OR Scroll to the bottom)
The
free civilian/military PenPal Program offered by greatplainsappraisal.com
is operated through services under the terms and conditions contained
in this document (referred to as "Terms and Conditions").
BY COMPLETING THE REGISTRATION FORM AND CLICKING THE "I ACCEPT"
BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF
THE TERMS AND CONDITIONS set forth in this document.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS
OF THE PROGRAM
Both civilians and military personnel who register become "Participants".
When you provide a notification email address upon registration,
you agree to receive email notification of your assigned military
PenPals military mailing address. It is the sole responsibility
of the civilian PenPal to contact and provide the military PenPal with his/her civilian mailing address. We highly recommend
that, due to recent current events, in order to ensure the civilians
mail is welcomed when received, the civilian initiate the PenPal relationship with the use of postcards or postcard like mailers
and avoid the use of enclosed envelopes until such time as the
military PenPal gives their assigned civilian PenPal permission
to use enclosed envelopes. Please see our Privacy
Policy for additional disclosures.
2. DESCRIPTION OF PROGRAM
For the purposes of these terms, PenPal is defined
as a person who maintains a friendly relationship through the
written word, hence PenPal. greatplainsappraisal.com is providing
an introduction of American civilians who volunteer to communicate
through the written word to military personnel who voluntarily
opt for this program. The intended purpose of this program is
to provide those military personnel who voluntarily opt for it,
to receive well wishes and emotional support from the civilian
public via the mail while serving in the military. Civilian and
military matched PenPals may choose to expand their communication
to email and telephone, but that is outside the realm of this
program and is the sole responsibility of the two parties of the
PenPal relationship involved. It is the sole discretion of PatrioticPenPals
to use only one method at this time to accomplish the introduction
and that is the described method of emailing the military PenPals military name and address to the civilian. If PatrioticPenPals
alters this method, it will notify potential PenPals in writing
via its web site, greatplainsappraisal.com and will alter these Terms
and Conditions.
Method Used to Match Civilian and Military PenPals
Civilians voluntarily enter their name, mailing address and email
address. This is required information in order to participate.
Civilians are also asked to volunteer additional information such
as gender, age range and veteran status for the intended purpose
of facilitating those military PenPals who have preferences regarding
the gender and/or age range and/or veteran status of their civilian
PenPal. This additional information is not required in order
to participate.
greatplainsappraisal.com reserves the right to add requests for additional
information in the future, as long as it remains voluntary. Military
personnel who voluntarily opt to have a civilian PenPal may submit
their name through a variety of methods including, but not limited
to, submission at the registration part of the web site greatplainsappraisal.com,
or by sending
Through the use of an automatic database server, backed up by
human effort, each military PenPal will be matched to one civilian
PenPal. Upon the completion of the match, the civilian PenPal
will be notified via the email address initially supplied, with
the military address that the military PenPal supplied. It then
becomes the civilian PenPals obligation to fulfill their commitment
to being a PenPal by initiating the relationship by writing to
the military PenPal who has been assigned to him/her, and supplying
his/her assigned military PenPal with his/her mailing address
of choice.
In this fashion, PatrioticPenPals can assure the civilian public
that no civilian mailing addresses will be given out at any time
by PatrioticPenPals. Please refer to Privacy
Statement
.
There is no charge to the civilian or the military PenPals for
participation in this Program. Any computer equipment or postage
costs or any other costs incurred by Participants in this program
is the sole responsibilities of the Participants. Neither greatplainsappraisal.com
nor the participants have any financial obligation to each other.
3.
PARTICIPANTS OBLIGATIONS
Civilian PenPals agree to provide accurate information regarding
their mailing address and email address at the time of signing
on to participate. Although there is no required time commitment
or legal obligation, PatrioticPenPals asks that the civilian PenPals be sensitive to the needs of the military PenPals, and not
opt to participate unless prepared initiate the relationship in
a timely manner and to fill the needs of the military PenPal
until such time as the military PenPal no longer serves in the
military or requests the PenPal relationship end, or at the very
least, till the military PenPal is no longer deployed. PatrioticPenPals
is only making this request and it is voluntary on the part of
both civilian and military PenPals. PatrioticPenPals has, in
any way, no legal jurisdiction or rights regarding the PenPal
relationship between the matched PenPals. If for an unforeseen
reason, such as personal emergencies, the civilian PenPal can
no longer respond to the military PenPal, the civilian PenPal
is asked to notify PatrioticPenPals via email that his/her assigned
military PenPal needs to be reassigned. Either side of the PenPal relationship can notify PatrioticPenPals that a new match
is necessary, although PatrioticPenPals requests that these changes
be requested only under the most necessary circumstances since
the staffing of PatrioticPenPals is small and voluntary and participation
in this Program is free. PatrioticPenPals cannot and will not
guarantee their ability to assist with reassignments, but will
make their best effort for those circumstances determined in PatrioticPenPals
opinion to be unavoidable.
PatrioticPenPals has no ability to reach military PenPals that
exceeds the civilian PenPals ability, and therefore will
not be able to assist the civilian PenPals in contacting military
PenPals who have become unreachable.
PatrioticPenPals will keep an archive of the information of matches
for a period of at least one year.
4. MODIFICATIONS TO TERMS OF THE PROGRAM.
PatrioticPenPals may change the Terms and Conditions of service
from time to time. It is the Participants responsibility to check
this document periodically for any changes or modifications, as
there will be no individual notices to participants regarding
such changes or modifications.
5. MODIFICATIONS TO THE PROGRAM.
PatrioticPenPals and greatplainsappraisal.com reserve the right to
modify or discontinue the program without notice to its Participants.
Neither PatrioticPenPals nor greatplainsappraisal.com shall be liable
to Participant or any third party should they exercise their right
to modify or discontinue the Program.
6. PARTICIPANT, PASSWORD, AND SECURITY
Once you become a Participant of the Program, you will receive
a password, for a time identified only as several weeks,
in order to re-access the information regarding your military
PenPals information. You alone are responsible for maintaining
the confidentiality of your password. Furthermore, you are entirely
responsible for any and all activities that occur with your password.
You must immediately notify greatplainsappraisal.com of any unauthorized
use of your password or any other breach of security known to
you.
7. DISCLAIMER OF WARRANTIES
PARTICIPANT EXPRESSLY ACKNOWLEDGES AND AGREES THAT PARTICIPATION
IN THE PROGRAM IS AT PARTICIPANT 'S SOLE RISK AND THAT THE PROGRAM
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. BOTH PATRIOTICPENPALS AND greatplainsappraisal.com EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.
PATRIOTICPENPALS AND greatplainsappraisal.com MAKE NO WARRANTY THAT
THE PROGRAM WILL MEET PARTICIPANTS REQUIREMENTS OR THAT
THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE.
PATRIOTICPENPALS OR greatplainsappraisal.com MAKES NO GUARANTEES AS
TO THE RESULTS THAT MAY BE OBTAINED FROM THE PARTICIPATION IN
THE PROGRAM OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE PROGRAM.
PARTICIPANT UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE
IS AT PARTICIPANT'S OWN RISK AND PARTICIPANT IS SOLELY RESPONSIBLE
FOR ANY DAMAGE TO PARTICIPANT'S COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
PARTICIPANT FROM PATRIOTICPENPALS OR greatplainsappraisal.com SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the exclusion of certain warranties;
therefore some of the above exclusions may not apply to you.
8. LIMITATION OF LIABILITY
PATRIOTICPENPALS OR greatplainsappraisal.com SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES,
RESULTING FROM THE PARTICIPATION IN THE PROGRAM USE OR THE INABILITY
TO USE THE PROGRAM OR MESSAGES RECEIVED OR RESULTING FROM UNAUTHORIZED
ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR OTHER INTANGIBLES,
EVEN IF PATRIOTICPENPALS OR greatplainsappraisal.com HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU. PATRIOTICPENPALS PROVIDES GUIDELINES FOR THE
PENPAL RELATIONSHIP BUT THIS IN NO WAY IMPLIES PATRIOTICPENPALS
ACCEPTING ANY RESPONSIBILITY OR LIABILITY IN REGARDS TO THE ADHERENCE
TO THESE GUIDELINES BY EITHER PARTY.
9. PROHIBITION OF RESALE OR COMMERCIAL USE
OF THE PROGRAM.
Your right to use the Program is personal to you. Therefore, a
Participant may only be an individual, not a corporation or other
business entity. You may not resell or make any commercial use
of the Program, without the express written permission of greatplainsappraisal.com.
10. EMAIL MESSAGE STORAGE AND OTHER LIMITATIONS
PATRIOTICPENPALS and greatplainsappraisal.com assume no responsibility
for the deletion or failure to store email messages received from
PATRIOTICPENPALS.
11. MEMBER CONDUCT
Your participation in the Program is subject to all applicable
local, state, national and international laws and regulations.
Therefore, you agree: (1) that you shall not use the Program for
illegal purposes; (2) that you shall not interfere or disrupt
networks connected to the Program; and (3) that you shall comply
with all regulations, policies and procedures of networks connected
to the Program. The Program makes use of the Internet to send
and receive certain messages; therefore, your conduct is subject
to Internet regulations, policies and procedures. Attempts to
gain unauthorized access to other computer systems are prohibited.
PATRIOTICPENPALS retains the right, at its sole discretion, to
determine whether or not a Participant's conduct is consistent
with the letter and spirit of the Terms and Conditions of this
Program. PATRIOTICPENPALS or greatplainsappraisal.com may terminate
a Participant's participation if conduct is found to be inconsistent
with the intent of this agreement.
12. INDEMNIFICATION
You agree to indemnify and hold greatplainsappraisal.com, and any
officers, directors, employees, subsidiaries, affiliates, successors
and assigns it has or may have, harmless from any third party
claim or demand, including reasonable attorneys' fees, made in
connection with or arising out of your participation in the Program,
your violation of the Terms and Conditions, or the infringement
by you, or other users of the Program using your Participant status,
of any intellectual property, right of privacy or publicity, or
other right of any person or entity.
13. TERMINATION/CANCELLATION
Either PATRIOTICPENPALS or greatplainsappraisal.com may terminate
the Program with or without cause at any time and effective immediately.
PATRIOTICPENPALS and greatplainsappraisal.com shall not be liable
to you or any third party for termination of the Program.
Should Participant object to any terms and conditions of this
Program or any subsequent modifications thereto or become dissatisfied
with the Program in any way, your sole and exclusive recourse
is to immediately discontinue your use of the Program.
Upon termination of the Program, your right to use the Program
immediately ceases and you shall have no right and neither Program
nor Program.com shall have any obligation thereafter.
14. NOTICE
Except as otherwise indicated herein, all notices from you to
greatplainsappraisal.com shall be in writing and shall be made via
email.
15. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
If at such time advertisers join the PATRIOTICPENPALS .com web
site in some fashion, you may enter into correspondence with or
participate in promotions of the advertisers marketing their products
on the web site. Any no such time will advertisers be allowed
to solicit Participants, but my be allowed to have a presence
on the web site for the Participants or public to approach the
advertisers at their voluntary discretion. Any such correspondence
or promotions, including the delivery of and the payment for goods
and services, and any other terms, conditions, warranties or representations
associated with such correspondence or promotions, are solely
between the corresponding Participant and the advertiser. PATRIOTICPENPALS
and greatplainsappraisal.com assume no liability, obligation or responsibility
for any part of any such correspondence or promotion. At no time
will PATRIOTICPENPALS or greatplainsappraisal.com share your personal
data with a third party.
16. PROPRIETARY RIGHTS TO CONTENT
Participants acknowledge that content, including but not limited
to text, photographs, video, graphics, software, music, sound,
or other material contained in the greatplainsappraisal.com web site
(collectively referred to as "Content"), is protected
under the laws of copyright, trademark, patent, unfair competition
or other applicable laws. Therefore, you are only permitted to
use this Content as expressly authorized by PATRIOTICPENPALS,
greatplainsappraisal.com, or any advertisers associated with will
PATRIOTICPENPALS Program. Participants may not copy, reproduce,
distribute, or create derivative works from this Content without
the express written authorization to do so by PATRIOTICPENPALS,
PATRIOTICPENPALS .com or advertisers who may contribute Content
to the greatplainsappraisal.com web site.
17. LAWS
This Terms and Conditions agreement shall be governed by and construed
in accordance with the laws of the state of Massachusetts, excluding
its conflict of law provisions. Both Participant and PATRIOTICPENPALS
or greatplainsappraisal.com agree to submit to the exclusive jurisdiction
of the courts of the state of Massachusetts. If any provision(s)
of these Terms and Conditions are held by a court of competent
jurisdiction to be contrary to law, then such provision(s) shall
be construed, as nearly as possible, to reflect the intentions
of the parties with the other provisions remaining in full force
and effect.
The failure of PATRIOTICPENPALS or greatplainsappraisal.com to exercise
or enforce any right or provision of the Terms and Conditions
shall not constitute a waiver of such right or provision. Participant
and greatplainsappraisal.com agree that any cause of action arising
out of or related to this Program must commence within one (1)
year after the cause of action arose; otherwise, such cause of
action is permanently barred.
By agreeing to these Terms and Conditions you certify that all
information you supply to this Program is true and correct to
the best of your knowledge.
Revised 10/01/01
Visit http://www.ftc.gov/kidzprivacy
for information from the Federal Trade Commission about protecting
children's online privacy.