TERMS & CONDITIONS
A Legal Disclaimer
GENERAL
Entire Agreement. This Agreement constitutes the entire agreement between
Tyied In LLC and you concerning your use of the Site and Services.
Partial Invalidity. Should any part of this Agreement be declared invalid, void, or
unenforceable by a Court of Competent Jurisdiction, such decision shall not affect
the validity of any remaining portion of this Agreement, which shall remain in full
force and effect, and the parties acknowledge and agree that they would have
executed the remaining portion without including the part so declared by a Court
of Competent Jurisdiction to be invalid, void, or unenforceable.
No Waiver. A waiver by either party of any term or condition of this Agreement,
or any breach, in any one instance, will not waive that term or condition or any
later breach.
Assignment. This Agreement and all your rights and obligations under it will not
be assignable or transferable by you without the prior written consent of Tyied In
LLC. This Agreement will be binding upon and will inure to the benefit of the
parties, their successors, and permitted assigns.
Independent Contractors. You and Tyied In LLC are independent contractors, and
no agency, partnership, joint venture, or employee-employer relationship is
intended or created by this Agreement.
Third-Party Beneficiaries. Except where expressly stated herein, there are no
third-party beneficiaries to this Agreement.
Headings. The headings in this Agreement are for convenience only and shall have
no legal or contractual effect.
TERMS OF SERVICE
These Terms of Service (“Terms”), together with our Privacy Policy, constitute a
written contract (the “Agreement”) between TyiedIn.com, (“Tyied In LLC,” “we,”
“us”) on the one hand, and on the other, you and any inmate on whose behalf
you are creating an Account (collectively, “you”) governing your use of
TyiedIn.com (the “Site,” “Website”) and/or any other sites, mobile apps, services
or software where these Terms appear or are linked (collectively with the Site, the
“Services”).
By using the Services, you represent that you are authorized to enter into this
Agreement and that you are at least 18 years old.
Please read these Terms carefully before accessing or using our Services. If you do
not agree to all the terms and conditions in this Agreement, then you may not
access the Services.
These terms contain provisions that require the use of arbitration on an individual
basis to resolve disputes, rather than jury trials or class actions, and additionally
to limit the remedies available to you in the event of a dispute.
We take user privacy seriously and want you to be informed. This Privacy Policy
(the “Privacy Policy”), which is incorporated into our terms of service and which
includes definitions applicable to this Privacy Policy, explain how TyiedIn.com,
(“Tyied In LLC,” “Company,” “we,” “our,” or “us”) collects, uses, shares and
protects information of the users of TyiedIn.com and all other sites, mobile sites,
services, applications, platforms, and tools where the Privacy Policy appears or is
linked (collectively, the “Website”). The terms “you/your/user(s)” means you as a
user from our Website.
By accessing the Website, you acknowledge the Privacy Policy and agree to be
bound by its terms, our Terms of Service, and other terms or policies we post on
the Website. If you do not agree with this Privacy Policy, please do not use the
Website or provide us with any personal information.
ASSUMPTION OF RISK
YOU KNOWINGLY AND EXPRESSLY AGREE THAT THE USE OF THE SITE AND/OR
SERVICES IS AT YOUR OWN RISK. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL
REPRESENTATIVES, AND YOUR HEIRS, VOLUNTARILY AGREE TO RELEASE, WAIVE,
DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY TYIED IN LLC AND ITS
OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES,
CONSULTANTS, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS
FROM ANY AND ALL CLAIMS, ACTIONS, OR LOSSES FOR BODILY INJURY, PROPERTY
DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR
OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, THAT MAY
RESULT FROM YOUR USE OF THE SERVICES.
TYIED IN LLC DOES NOT ACCEPT RESPONSIBILITY FOR THE TRUTH OR ACCURACY
OF ANY STATEMENT MADE OR POSTED BY THIRD PARTIES OR USERS OF THE
SERVICES. WE STRONGLY RECOMMEND THAT YOU TAKE APPROPRIATE
SAFEGUARDS WHEN CORRESPONDING WITH ANY INMATES. IN RESPONDING TO
AN INMATE’S PROFILE, YOU AGREE TO HOLD TYIED IN LLC AND ITS OWNERS,
EMPLOYEES AND AGENTS HARMLESS FROM ALL COSTS, LIABILITIES, DAMAGES
AND ATTORNEY FEES, RESULTING FROM OR CAUSED BY ANY CORRESPONDENCE
WITH AN INMATE. BEFORE ENGAGING IN ANY CORRESPONDENCE WITH AN
INMATE, WE ENCOURAGE YOU TO VERIFY INFORMATION ABOUT INMATES
THROUGH ADDITIONAL SOURCES.
INMATES THAT CHOOSE TO CREATE A PROFILE ON THE SITE ARE THE
AUTHORS/PUBLISHERS OF THE CONTENT AND INFORMATION CONTAINED IN THE
PROFILE. TYIED IN LLC IS NOT CONSIDERED THE PUBLISHER OF INMATE PROFILE
INFORMATION OR CONTENT, WE SIMPLY PROVIDE THE SPACE FOR THE INMATE
TO PLACE A PROFILE.
SOME PRISONS PROHIBIT INMATES FROM USING OUR SERVICES. IN THOSE
INSTANCES, AN INMATE’S PLACEMENT OF A PROFILE ON THE SITE MAY RESULT IN
PUNITIVE OR LEGAL CONSEQUENCES FOR THE INMATE, FOR WHICH TYIED IN LLC
ASSUMES NO RESPONSIBILITY AND SHALL NOT BE HELD LIABLE.
DISCLAIMERS, LIMITATION OF LIABILITY
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, TYIED IN LLC, ON BEHALF OF ITSELF
AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL
WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND SERVICES,
ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT
LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN ADDITION TO ANY
WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE
PRACTICE. NEITHER TYIED IN LLC NOR ITS LICENSORS OR SUPPLIERS WARRANTS
THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT YOU WILL FIND
SOMEONE TO CORRESPOND WITH, OR THAT THE OPERATION OF THE SITE
AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS
WILL BE CORRECTED. TYIED IN LLC DISCLAIMS ALL IMPLIED LIABILITY FOR
DAMAGES ARISING OUT OF THE FURNISHING OF THE SITE OR SERVICES
PURSUANT TO THIS AGREEMENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TYIED IN LLC OR
ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM
YOUR USE OF THE SITE OR SERVICES, INCLUDING WITHOUT LIMITATION FOR
SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS,
LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS
OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY
DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE
CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF
THOSE DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE
DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY OR FORM OF ACTION. YOU AGREE THAT THIS LIMITATION OF LIABILITY
REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN TYIED IN LLC AND YOU. THE
SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE TOTAL AGGREGATE AMOUNT THAT TYIED IN LLC, ITS LICENSORS, OR
SUPPLIERS MAY BE LIABLE TO YOU FOR ANY DAMAGES, LOSSES, CLAIMS OR
CAUSES OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE
OF THE SITE OR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY,
TO TYIED IN LLC DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING
THE DATE THE ACTION OR CLAIM OCCURRED, OR $100, WHICHEVER IS GREATER.
Application of Disclaimers
Some states do not allow limitations on implied warranties or the exclusion or
limitation of certain damages. If these laws apply to you, some or all the above
disclaimers, exclusions or limitations may not apply to you, and you might have
additional rights. Tyied In LLC licensors and suppliers are intended third-party
beneficiaries of these disclaimers, waivers, and limitations. No advice or
information, whether oral or written, obtained by you through the Services or
otherwise shall alter any of the disclaimers or limitations stated in this section.
CHANGES TO TERMS AND PRIVACY POLICY
Internet technology and the applicable laws, rules, and regulations change
frequently. Tyied In LLC reserves the right to change this Agreement and the
Privacy Policy at any time upon notice to you (including by posting a new version
or sending you a change notice to your email address of record, where required
by law). It is your responsibility to review this Agreement and the Privacy Policy
periodically.
COMMON SENSE
If you are a pen-pal, you agree to use common sense and assume all responsibility
for your communications with an inmate or other users that are initiated through
the Services. As with any internet-based service that allows you to communicate
with persons that were previously unknown to you, you should use caution in
disclosing personal information about yourself, including your full name, address,
details about your finances or family, and so forth.
YOUR QUALIFICATIONS
You must be at least eighteen (18) years old to create an Account or use the
Services; this restriction applies to both inmates and non-incarcerated users. If
you are creating an Account on behalf of an inmate, you represent and warrant
that you are authorized to agree to these Terms on the inmate’s behalf and that
all information you provide is accurate and current.
YOUR USE OF THE SERVICES
License to Use the Services
Subject to your compliance with this Agreement, Tyied In LLC grants you a non-
exclusive, non-sublicensable, revocable, non-transferable license to access and
use the Services. This license allows you to use the Services, but does not allow
you to reproduce, duplicate, copy, modify, sell, or otherwise exploit any portion
of the Services without our prior express written consent. All rights not expressly
granted in this Agreement are reserved by Tyied In LLC.
Who Controls Your Information
Any information or other data provided to or gathered by Company is controlled
by:
TyiedIn.com
Tyied In LLC
27817 Independence Suite 102
Farmington Hills , MI 48336
United States
(313) 654 - 4579