OVERVIEW-
Wire of Hope is operated by Wire of Hope, LLC and its subsidiaries and affiliates (referred to throughout the site as “Wire of Hope,” “WoH,” “Wire of Hope Prison Pen Pal Program,” “we,” “us,” and “our”). Wire of Hope offers this program, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein.
Wire of Hope Prison Pen Pal Program aims to contribute to the rehabilitation of incarcerated individuals by connecting them with the outside world through correspondence. All participants, both prison penpals and respondents (penpal friends), must be at least 18 years of age (or the age of majority in their state or province of residence, if that age is set above 18).
By using our services or accessing WireOfHope.com, you agree that you are at least 18 years of age (or the age of majority in your state or province of residence, if that age is set above 18) and you agree to be bound by the following terms and conditions (“Terms of Service,” “Terms,” “TOS”), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service govern your access to and use of Wire of Hope Prison Pen Pal Program, including any content, functionality, and services offered on or through the site. By using our services, you agree to be legally bound by these Terms of Service and all applicable laws and regulations. If you do not agree to these Terms of Service, do not access Wire of Hope’s website or use its services.
Please read these Terms of Service carefully before accessing or using our website and/or services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any of our services.
“Bookmarking” or “linking” to a page on this server/site whereby this warning page is bypassed shall constitute an implicit acceptance of these Terms of Service.
We may update these Terms of Service from time to time, and such changes will be posted on this page. Your continued use of the site following the posting of changes constitutes your acceptance of the new terms.
These Terms of Service constitute the entire agreement between you and Wire of Hope regarding your use of our services and supersede all prior or contemporaneous agreements, communications, and understandings.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
- SECTION 1 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- SECTION 2 – GENERAL CONDITIONS
- SECTION 3 – AUTHORIZED USERS
- SECTION 4 – USER RESPONSABILITIES
- SECTION 5 – SERVICES
- SECTION 6 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
- SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
- SECTION 8 – MODIFICATIONS TO THE SERVICE, WEBSITE AND PRICES
- SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
- SECTION 10 – PAYMENTS
- SECTION 11 – OPTIONAL TOOLS
- SECTION 12 – USER SUBMISSIONS AND FEEDBACK
- SECTION 13 – INTELLECTUAL PROPERTY RIGHTS
- SECTION 14 – PROHIBITED USES
- SECTION 15 – TERMINATION AND REACTIVATION OF SERVICE
- SECTION 16 – ARBITRATION AND DISPUTE RESOLUTIONS
- SECTION 17 – BUSINESS PRACTICES DISPUTES AND COMPLAINTS
- SECTION 18 – PRIVACY POLICY
- SECTION 19 – FORCE MAJEURE
- SECTION 20 – ACCESSIBILITY
- SECTION 21 – ENTIRE AGREEEMENT
- SECTION 22 – GOVERNING LAW
- SECTION 23 – INDEMNIFICATION
- SECTION 24 – SEVERABILITY
- SECTION 25 – CHANGES TO TERMS OF SERVICE
- SECTION 26 – TERMINATION TO TERMS OF SERVICE
- SECTION 27 – CONTACT US
SECTION 1 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
By accessing WireOfHope.com or using our services, you expressly agree to the following terms:
• No Guarantee of Results and Timelines: Wire of Hope does not guarantee any specific outcomes from the use of its services, such as the success of users, including incarcerated individuals who purchase memberships, in finding penpals. Wire of Hope provides its platform to facilitate penpal relationships and offers services to support this process. However, we do not warrant that these services will lead to successful penpal connections or be provided within a specific timeframe. All services and products provided by Wire of Hope are offered “as is” and “as available,” including all associated risks, without any warranties or representations, whether express or implied. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Wire of Hope is not responsible for any lack of results, failure to achieve specific outcomes, or delays in service realization from the use of its services.
• Service Availability: Wire of Hope reserves the right to modify, suspend, or discontinue any or all services at its sole discretion, without prior notice. We are not liable for any interruptions or unavailability of the services.
• No Warranty on Service: Wire of Hope, along with its affiliates, agents, contractors, suppliers, service providers, licensors, and partners, makes no warranty that the service will be available, uninterrupted, timely, secure, or error-free. We do not guarantee that any defects will be corrected or that the service or server is free of viruses or harmful components.
• Third-Party Content: The site may contain content, products, or services from third parties, including links to external sites. Wire of Hope is not responsible for the accuracy, content, or policies of these third-party materials or sites and disclaims any liability related to transactions or interactions with third-party websites. Users should review third-party policies carefully.
• No Responsibility for Statements: Wire of Hope and its associates do not assume responsibility for the accuracy or truthfulness of statements made by third parties, including advertisers, partners, and users. Users are encouraged to take appropriate precautions when engaging in prison correspondence. By using our service, you agree to hold Wire of Hope harmless from any costs, liabilities, damages, or legal fees resulting from the use or misuse of the service.
• Verification of Information: Users are encouraged to verify all information obtained through the service using additional sources, including contacting relevant correctional facilities or authorities directly. Wire of Hope does not guarantee the accuracy of information provided.
• Compliance with Correctional Facilities: Incarcerated users must ensure that their use of our services complies with the regulations of their correctional facility. Wire of Hope is not responsible for any legal or punitive consequences resulting from non-compliance with these regulations.
• Limitation of Liability: To the fullest extent permitted by law, Wire of Hope and its affiliates, directors, officers, employees, agents, volunteers, and partners shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages, including but not limited to lost profits, data loss, or replacement costs, arising from your use of or inability to use the services, whether based on contract, tort, strict liability, or other legal theories. This limitation of liability applies to all claims, including those based on contract, tort, or other legal theories.
• State-Specific Laws: Some jurisdictions do not permit the exclusion or limitation of liability for certain types of damages. In such cases, our liability is limited to the maximum extent permitted by applicable law. If such laws apply, some or all of the above disclaimers and limitations may not apply to you, and you may have additional rights.
SECTION 2 – GENERAL CONDITIONS
• Right to Refuse Service: Wire of Hope reserves the right to refuse service to anyone for any reason at any time, at its sole discretion. This right includes, but is not limited to reasons related to violation of our terms of service, fraudulent activity, or any conduct deemed inappropriate or harmful.
• Content Transmission: You understand and agree that your content (excluding credit card information) may be transmitted unencrypted and may involve: (a) transmissions over various networks; and (b) modifications to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.
• Prohibition on Unauthorized Use: You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the service, use of the service, or access to the service, or any contact on the website through which the service is provided, without our express written permission. Any unauthorized use of our service, including but not limited to the reproduction, duplication, or exploitation of service elements, may result in legal action and/or immediate suspension or termination of access to our services.
SECTION 3 – AUTHORIZED USERS
Wire of Hope and its services are designed exclusively for individuals who are at least 18 years of age (or the age of majority in their state or province of residence, if that age is set above 18). Users under 18 are strictly prohibited from accessing or using this website or our services. Incarcerated people who are under the legal age are not permitted to create profiles on our website. Additionally, if respondents (penpal friends) are found to be underage, they will be reported to their Internet Service Providers.
Wire of Hope reserves the right to take any and all actions deemed necessary to ensure the safety and security of its users, including but not limited to prison penpals and respondents (penpal friends). Measures may include account suspension, termination, or other actions deemed necessary to ensure compliance with these terms and to protect user safety.
Compliance with these age restrictions is mandatory, and any violations will result in immediate actions, including but not limited to account suspension and reporting to relevant authorities.
SECTION 4 – USER RESPONSABILITIES
By using our services, you agree to:
• Compliance: Use the services in accordance with all applicable laws and regulations.
• Accuracy: Provide accurate, current, and complete information as required by the registration or service process.
• Security: Maintain the confidentiality of your account credentials and immediately notify Wire of Hope of any unauthorized use of your account or breach of security.
• Conduct: Use the services in a manner that does not violate the rights of others or infringe upon their intellectual property rights.
• Respect: Refrain from engaging in any behavior that could damage, disable, or impair the functionality of the services or interfere with other users’ access and use.
SECTION 5 – SERVICES
• Online Availability: Certain services may be exclusively available through our website. We do not guarantee that any service or product will be available at all times or that it will be offered in any specific manner.
• Service Descriptions and Pricing: We strive to provide accurate descriptions of our services. However, all descriptions and pricing are subject to change at our sole discretion and without prior notice. We reserve the right to modify or discontinue any service at any time. Any offers made on this site are void where prohibited by applicable law. Changes in service descriptions and pricing will be reflected on our website.
• Sales and Availability: We reserve the right to limit the sale of our services to any individual, geographic region, or jurisdiction, at our discretion. We may also limit the quantities of services offered. This right may be exercised on a case-by-case basis and does not obligate us to continue offering services or to provide services in any particular manner.
• Service Quality: We do not warrant that the quality of any services, information, or other materials purchased or obtained by you will meet your expectations. We do not guarantee that any defects or errors in the service will be corrected. All services are provided “as is” and “as available,” and we expressly disclaim any liability for indirect, consequential, or incidental damages related to the use of our services.
• Profile Accuracy and Maintenance: We reserve the right to review, correct, and update profile content, including but not limited to typographical errors, inaccuracies, and introduction text presented in the third person. This is to ensure the accuracy, consistency, and clarity of information presented on our website. Such updates will be made at our sole discretion and without prior notice.
• Social Media Options Terms & Conditions: With these options, Wire of Hope will create and share dedicated posts and/or videos featuring the member’s picture(s) and profile information on our socials. Such content will be displayed on a minimum of two platforms (including but not limited to Facebook, Instagram, Threads, TikTok, and/or Twitter/X) and will appear in our followers’ timelines. The visibility of the content may extend to a broader audience based on the algorithms of the respective platforms. These social media options are available for purchase solely to active members of Wire of Hope. By purchasing any of these options, the member grants Wire of Hope full discretion regarding the timing, platforms, and content of the post or video. The content will remain on our social media platforms for at least the duration of the member’s membership. Wire of Hope has no obligation to remove any posts or videos created and shared, even after the membership has ended. However, if the member’s account is terminated or suspended by Wire of Hope, the social media options may be removed or terminated without refund. We are not liable for any outcomes associated with the post(s) or video(s), including their potential to go viral, and will not be responsible for any indirect, incidental, or consequential damages arising from the promotion. We reserve the right to modify or discontinue social media options at our sole discretion.
SECTION 6 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
• Information Accuracy: Wire of Hope makes no representations or warranties regarding the accuracy, completeness, or timeliness of the information available on this site. The material provided is for general informational purposes only and should not be relied upon as the sole basis for making decisions. Users are strongly encouraged to consult primary, more accurate, complete, or timely sources of information before making any decisions. Any reliance on the information provided on this site is at your own risk. Wire of Hope expressly disclaims any liability for errors or omissions in the information and for any decisions made based on such information.
• Historical Information: This site may include historical information, which is not current and is provided solely for reference purposes. Wire of Hope reserves the right to modify, update, or remove content at any time without obligation to notify users or update any information. Users are responsible for regularly reviewing the site to stay informed of any changes. Wire of Hope does not assume any obligation to correct or update historical information and will not be liable for any consequences arising from the use of such outdated content.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
• Order Acceptance and Limitations: Wire of Hope reserves the right to refuse any order placed with us at our sole discretion. We may impose limits on the quantity of items purchased per person, household, or order. These limitations may apply to orders placed using the same customer account, credit card, or billing and/or shipping address. If we need to make changes to or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at the time of purchase. We also reserve the right to restrict or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. We further reserve the right to correct any errors in pricing or product descriptions and to cancel or refuse any orders based on such corrections.
• Account Information Accuracy: You agree to provide current, complete, and accurate information for all purchases made on our site. This includes, but is not limited to updating your account information, email address, credit card details, and expiration dates as necessary to ensure the successful processing of your transactions. It is your responsibility to keep your information up-to-date to facilitate successful transactions and allow us to contact you if needed. Wire of Hope shall not be liable for any issues arising from inaccurate or outdated information provided by users.
SECTION 8 – MODIFICATIONS TO THE SERVICE, WEBSITE AND PRICES
• Price Changes: Prices for our services are subject to change at any time without prior notice. Any changes will be effective immediately upon posting on our website. It is your responsibility to review the most current prices.
• Service and Website Modifications: Wire of Hope reserves the right to modify, suspend, or discontinue any part of our services or website, including any content, features, or functionality, at any time without notice. This includes, but is not limited to, changes in service features, availability, and pricing. We will not be liable for any impact or consequences resulting from such modifications.
• Limitation of Liability: Wire of Hope shall not be liable to you or any third party for any damages, losses, or other consequences arising from modifications to, suspensions of, or discontinuations of our services or website. This includes, but is not limited to, changes in service features, pricing, or availability.
SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS
• Potential Errors: Our site or service may occasionally contain typographical errors, inaccuracies, or omissions related to descriptions, resources, pricing, promotions, offers, transaction delays, or incarcerated member information. We reserve the right to correct any errors, inaccuracies, or omissions and to update or change information or cancel orders if we identify inaccuracies at any time without prior notice, even after an order has been submitted. This includes, but is not limited to, errors related to pricing, availability, and descriptions.
• No Obligation to Update: We are not obligated to update, amend, or clarify any information in our service or on related websites, including pricing information, except as required by applicable law. Any specified update or refresh date on our service or related websites does not imply that all information has been modified or updated. Wire of Hope will not be liable for any damages resulting from reliance on such inaccuracies or omissions.
SECTION 10 – PAYMENTS
• Currency and Authorization: All fees due to Wire of Hope must be made in U.S. currency unless otherwise specified. By placing an order, you confirm that you are an authorized user of the credit or debit card or any other payment method provided. You authorize us or our designated payment processor to charge the purchase amount and any applicable taxes.
• Payment Responsibilities: Customers are responsible for paying all fees and applicable taxes using valid payment methods, including online payments with credit and debit cards, institutional or personal checks, and money orders. Postage stamps may also be used as payment, provided they are made by the incarcerated member directly and comply with Wire of Hope’s guidelines and the current price list.
• Incorrect Payments: If an incorrect payment amount is sent, Wire of Hope will make reasonable attempts to collect the remaining balance. If the balance is not received within 60 days of the initial transaction, the case file will be closed, credits will be forfeited, and no refund will be issued.
• Partial Payments: No more than three separate partial payments are allowed for the same purchase. If no additional payment is made within 60 days following the last transaction, the case file will be closed, credits will be forfeited, and no refund will be issued.
• Credit on Account: Any remaining credit on a member’s account after profile expiration or removal may be refunded, minus transaction and administrative fees, or can be used toward a new membership for up to one year after membership deactivation. Remaining credits cannot be transferred to another member’s account and will be forfeited after one year.
• Profile Information: After submitting your payment, you agree to provide all necessary profile information to ensure timely posting on our website. If the required information is not provided within 60 days of the transaction, the case file will be closed, credits will be forfeited, and no refund will be issued.
• Fees and Refund Policy: Fees are billed in advance and are non-refundable once the service has been processed, including but not limited to profile creation, updates, additions, renewals, and any options offered by Wire of Hope LLC, even if scheduled to be posted and not yet live on our website. Refunds are only available before the service has been processed and will be subject to administrative and transaction fees.
SECTION 11 – OPTIONAL TOOLS
We may provide access to third-party tools through our website or services over which we neither monitor nor exercise control. You acknowledge and agree that such tools are provided on an “as is” and “as available” basis, and we make no warranties, representations, or conditions of any kind regarding their functionality or suitability. Wire of Hope shall have no liability whatsoever for any damages or issues arising from or related to your use or misuse of these optional third-party tools.
Your use of optional tools is at your own risk and discretion. You are responsible for reviewing and understanding the terms and conditions set by the third-party providers of these tools. We do not endorse or assume any responsibility for the terms or performance of third-party tools.
We may introduce new services and/or features, including new tools and resources, through our website. These new services and features shall also be governed by these Terms of Service. The terms applicable to new features may differ from the terms governing existing services, and we reserve the right to modify them as needed.
SECTION 12 – USER SUBMISSIONS AND FEEDBACK
Wire of Hope does not claim ownership of any information, content, or materials submitted by users for display through our services. Users retain all rights to their content but grant Wire of Hope and its affiliates, agents, contractors, suppliers, service providers, licensors, and partners an irrevocable, perpetual, non-exclusive, worldwide, transferable, fully-paid license (sublicensable through multiple tiers) to use, copy, stream, store, retain, distribute, syndicate, license, reproduce, modify, adapt, publish, transmit, scan, reformat, edit, frame, excerpt, translate, publicly perform, create derivative works from, and publicly display such submissions (in whole or in part) in any format or medium, whether now known or developed in the future. This license is subject to the limitations on disclosure as outlined in our Privacy Policy. We reserve the right to display advertisements in connection with user submissions and to use such submissions for advertising and promotional purposes without any compensation.
Wire of Hope may, but is not obligated to, monitor, edit, or remove content that we determine, in our sole discretion, to be unsuitable, false, unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any intellectual property rights or these Terms of Service.
We are not obligated to maintain any submission in confidence, provide compensation for any submission, or respond to any submission. Wire of Hope is not responsible for any loss, theft, or damage of any kind related to user submissions. Users are responsible for the consequences of sharing their information, including personal information, on public areas of the service.
By using Wire of Hope, you agree to provide only true, accurate, complete, and original content. If it is discovered that you have provided outdated, false, inaccurate, incomplete, or non-original content, including in profiles purchased directly by or on behalf of incarcerated individuals, Wire of Hope reserves the right to ban and blacklist you from the program indefinitely without issuing a refund.
You represent and warrant that your submissions, and our use of such submissions, do not and will not infringe upon the rights of any third party, including but not limited to copyright, trademark, privacy, personality, or other proprietary rights. You further agree that your submissions will not contain libelous, unlawful, abusive, or obscene material, or any malware that could affect the operation of the service or related websites. You may not use a fake name or false email address or otherwise mislead us or third parties regarding the origin of any submission.
You are solely responsible for any content you submit and its accuracy. Wire of Hope assumes no responsibility or liability for submissions from you or third party. You agree to indemnify and hold Wire of Hope harmless from any claims, damages, or liabilities arising from your submissions.
SECTION 13 – INTELLECTUAL PROPERTY RIGHTS
Except for user content and connected applications/sites, all content, features, materials, trademarks, and functionalities on WireOfHope.com, including but not limited to information, engines, text, displays, images, logos, videos, audio, and designs, are the property of Wire of Hope and/or its licensors and are protected by applicable intellectual property laws and rights.
These Terms of Service grant you a personal, non-exclusive, non-transferable, revocable license to access and use the site for your own personal, non-commercial use. You may not use, copy, stream, store, retain, distribute, syndicate, license, reproduce, modify, adapt, publish, transmit, scan, reformat, edit, frame, excerpt, translate, publicly perform, create derivative works from, or publicly display any material on our site, except as incidental to normal web browsing, such as creating a cache in your internet browser, without our express written permission.
Any derivative works created using content from our site will be owned by Wire of Hope. This license terminates automatically if you breach any of these Terms of Service. Wire of Hope reserves the right to enforce its intellectual property rights through legal action as necessary.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, Wire of Hope reserves the right to terminate services, ban, and blacklist users or incarcerated members from its program and/or website without refund if any of the prohibited practices and behaviors are engaged in:
• Access and Use Restrictions:
– Accessing our website and/or using our services if underage.
• Interference and Security:
– Disabling, impairing, interrupting, or limiting the proper functioning of our website, including uploading or transmitting viruses or other malicious code.
– Interfering with or circumventing the security features of our service, related websites, or the Internet.
• Intellectual Property:
– Infringing upon or violating our intellectual property rights or those of others.
• Data Misuse:
– Providing expired, false, misleading, inaccurate, incomplete, or fraudulent information, including non-original content or unauthorized images.
– Collecting, tracking, or using information from profiles for purposes other than prison correspondence, including sending advertisements, solicitations, or using information for articles or other publications without explicit permission.
• Content Restrictions:
– Sending or submitting content that is obscene, offensive, disrespectful, or that harasses, abuses, insults, harms, defames, slanders, disparages, intimidates, or discriminates against any individual or group based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or any other characteristic protected by law.
– Submitting profile content unrelated to finding a penpal, including but not limited to attempts to pass messages to third parties through profile content.
– Mentioning anyone by name in a profile, particularly but not limited to crime victims.
– Responding to or purchasing a profile for purposes other than prison correspondence.
– Purchasing a subscription or responding to a profile under false pretenses or for immoral purposes, including soliciting private information, intimidating, blackmailing, extorting, scamming, or harassing users.
• Improper Use of Services:
– Using the service for commercial purposes.
– Conducting illegal, unlawful, malicious, or fraudulent activities.
• Legal Compliance:
– Engaging in activities that violate international, federal, provincial, state regulations, rules, laws, or local ordinances.
– Engaging in any activity that may expose Wire of Hope, LLC, WireOfHope.com, Wire of Hope, or its users to harm or liability.
• Encouragement of Prohibited Activities:
– Attempting, encouraging, or facilitating any of the practices described above.
Please note, Wire of Hope Prison Pen Pal Program aims to contribute to the rehabilitation of incarcerated individuals by connecting them with the outside world through correspondence. Sending unsolicited mail to inmates, such as spam or advertisements, is a punishable offense. Violating this principle may result in prosecution to the fullest extent of the law and liability for restitution.
SECTION 15 – TERMINATION AND REACTIVATION OF SERVICE
• Termination by Wire of Hope: Wire of Hope reserves the right to delete any profile or content submitted, ban and/or blacklist a user, and prohibit a user from accessing and using our service, in whole or in part, for any reason or no reason, at its sole discretion, at any time, with or without notice. Termination by Wire of Hope does not entitle the user to any refund for services rendered or any remaining account credits.
• Termination by the Member:
– Voluntary Termination: Should a member wish to terminate their membership, such a request must be made exclusively by the member themselves. Termination requests cannot be submitted by any third party, including individuals who may have gifted the membership to the member or submitted their profile information to us on their behalf. All termination requests must be communicated directly by the member to Wire of Hope.
– Notice and Processing Timeframe for Termination: Requests for termination must be submitted by the member directly to Wire of Hope, either by regular mail or through their prison email system. While Wire of Hope will make every effort to process termination requests as promptly as possible, we are not obligated to do so immediately and cannot be held liable for any delays in processing.
– Account Balance and Refunds: Termination by the member does not entitle them to a refund for services already processed. Any remaining credit on a member’s account after termination may be refunded, minus transaction and administrative fees, or can be used toward a new membership for up to one year after membership deactivation. Remaining credits cannot be transferred to another member’s account and will be forfeited after one year.
– Account Closure: Upon termination, Wire of Hope will close the member’s account and remove their profile and any associated content from the website. The member is responsible for ensuring they have saved any content they wish to keep before initiating termination.
• Reactivation and Re-Enrollment:
– Reactivation: If a terminated member wishes to reactivate their membership after removal, they must purchase a new membership. Reactivation will require the member to comply with all current terms and conditions, including any new fees or requirements in effect at the time of re-enrollment. Upon request, Wire of Hope will attempt to retrieve materials submitted with the previous membership for use with the new membership. However, we cannot guarantee the availability of such materials.
– Account Status: The purchase of a new membership will be processed as a new subscription. Any previous balances will not be carried over, except for balances accrued within one year prior to the purchase of the new membership.
SECTION 16 – ARBITRATION AND DISPUTE RESOLUTIONS
Any claims or disputes arising out of or relating to these Terms of Service or the use or misuse of Wire of Hope’s services shall be resolved through binding arbitration. The arbitration shall be conducted in Duval County, Florida, or through binding non-appearance-based arbitration (e.g., telephone, online, or written submissions), at Wire of Hope’s discretion.
• Arbitration Process:
– Arbitrator: The arbitration will be administered by an arbitrator selected by Wire of Hope, following the Commercial Arbitration Rules of the American Arbitration Association (AAA). The arbitration will be conducted confidentially.
– Decision: The arbitrator shall issue a written decision that includes an explanation of the legal and factual basis for the decision. The decision will detail the assessment of costs, expenses, and reasonable attorneys’ fees. A written record of the arbitration hearing will be maintained.
– Impartiality: Parties reserve the right to object to any arbitrator affiliated with a competing organization or entity to ensure impartiality.
• Class Action Arbitration and Waiver: Before initiating a class action claim in a court of law, you agree to arbitrate the issue of class certification. If the arbitrator determines that a class action can be certified, you may proceed with a class action in court, provided you waive the right to a jury trial. If the arbitrator denies class certification, individual claims will be resolved through binding arbitration.
• General Terms:
– Mutuality: This arbitration clause is mutually binding on both Wire of Hope and its users, with both parties subject to the same terms.
– Opt-Out Provision: You have the right to opt out of this arbitration clause within 30 days of accepting these Terms of Service by providing written notice to Wire of Hope. If you opt out, you may pursue claims or disputes in court.
– Enforcement: Any arbitration award may be confirmed and enforced in a court of competent jurisdiction in Duval County, Florida.
SECTION 17 – BUSINESS PRACTICES DISPUTES AND COMPLAINTS
If you believe that Wire of Hope’s business practices are unfair, fraudulent, or unlawful, you agree to first bring your concerns to our attention by reporting the issue within 30 days of its occurrence. You may submit your complaint via regular mail or through our contact form, providing detailed information about your concerns.
By continuing to use our services without reporting your concerns as specified, you acknowledge and agree to waive your right to claim that Wire of Hope’s business practices are unfair, fraudulent, or unlawful.
We are committed to addressing and resolving any issues you may have in a timely and effective manner. Please note that failure to follow the reporting procedure may affect your ability to pursue legal claims related to the reported concerns.
SECTION 18 – PRIVACY POLICY
This Privacy Policy outlines how Wire of Hope, LLC and WireOfHope.com collect, use, share, and protect your personal information. By using our services, you consent to the practices described herein.
• Information Collection and Use: Wire of Hope collects personal information you voluntarily provide through various means, including mail, email, online forms, and direct interactions. This information is used to respond to your requests, provide and enhance our services, and communicate about promotions and updates. We do not sell or rent your information to third parties.
• Sharing of Information: We may share your contact and demographic information to fulfill orders, including creating public profiles on our website. By purchasing a membership, you consent to such sharing. Note that this information may be indexed by search engines. While we will remove your profile upon request, we are not responsible for information that remains accessible through search engines or external sites post-removal.
• Transfer of Information: Your personal data may be transferred to and maintained on servers located outside your jurisdiction. By providing your information, you consent to its transfer and processing in the United States or other jurisdictions with differing data protection laws.
• Disclosure of Information: We may disclose your personal information to comply with legal obligations, protect Wire of Hope’s rights and property, prevent wrongdoing, or ensure user and public safety.
• Access and Control: You may opt out of future communications from us at any time. You have the right to access, correct, or delete your personal information by contacting us.
• Registration: To use our services, you must complete a registration form requiring personal and financial information for billing purposes.
• Log Data: We collect log data, including IP addresses and browser information, to analyze and improve our services.
• Cookies: Our site may use cookies to enhance user experience and track repeat visits. Cookies are not linked to personally identifiable information. You can disable cookies through your browser settings, but this may affect site functionality.
• Links to Other Sites: Our website may contain links to other sites. We are not responsible for the privacy practices or content of these third-party sites. We encourage you to review their privacy policies.
• Service Providers: We may employ third-party service providers to assist in delivering our services. These providers have access to your personal information solely to perform their duties and are required to protect it under confidentiality agreements.
• Analytics: We may use third-party services to monitor and analyze site usage and performance.
• Surveys and Contests: Participation in surveys and contests is voluntary. Information collected is used to notify winners, award prizes, and improve site satisfaction.
• Children’s Privacy: We do not knowingly collect personal information from individuals under 18. If we discover that we have collected such information, we will promptly delete it.
• Privacy Practices: You must obtain consent from Wire of Hope to use or collect information from our website.
• Security: We implement security measures to protect your information online and offline. However, no method of transmission or storage is entirely secure, and we cannot guarantee absolute security. In the event of a data breach, we will notify affected users as required by applicable law.
• Changes to the Privacy Policy: We may update this policy periodically. Changes will be posted on this page and take effect immediately. We encourage you to review this policy regularly.
For any questions or concerns about our privacy practices, please contact us through our online form.
SECTION 19 – FORCE MAJEURE
Wire of Hope shall not be liable for any failure or delay in the performance of its obligations under these Terms of Service if such failure or delay is due to causes beyond its reasonable control, including but not limited to natural disasters, acts of war, terrorism, epidemics, pandemics, governmental actions, or other unforeseeable events. In such cases, the affected party will be granted an extension of time to perform its obligations.
SECTION 20 – ACCESSIBILITY
Wire of Hope is committed to ensuring accessibility for all users. We strive to make our services available and usable to individuals with disabilities. If you encounter any difficulties accessing our website or services, please contact us so we can work to address any issues. We are continually reviewing and improving our practices to enhance accessibility.
SECTION 21 – ENTIRE AGREEMENT
No Waiver: The failure of Wire of Hope to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. A waiver of any term or condition shall not be deemed a further or continuing waiver of such term or condition or any other term or condition, and no waiver shall be effective unless in writing and signed by an authorized representative of Wire of Hope.
Entire Agreement: These Terms of Service, along with any policies or operating rules posted on this site or in connection with the service, constitute the entire agreement and understanding between you and Wire of Hope. They govern your use of the service and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Wire of Hope, including but not limited to any prior versions of the Terms of Service.
Interpretation: Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. This means that if any part of these Terms of Service is found to be ambiguous, it will not be interpreted against Wire of Hope but rather in a manner that aligns with the intent of the terms.
SECTION 22 – GOVERNING LAW
All claims and disputes arising out of or related to the use or misuse of Wire of Hope’s services, or the terms of this agreement, shall be governed by and construed in accordance with the laws of the State of Florida, without regard to any conflict of law principles.
For claims or disputes not subject to arbitration, you agree that such claims or disputes shall be exclusively brought in the state or federal courts located in Duval County, Florida, or the nearest available jurisdiction in Duval County. By agreeing to these terms, you consent to the personal jurisdiction of these courts.
This provision does not preclude the application of federal law where applicable. It is intended to establish a clear and specific jurisdiction for legal proceedings to ensure consistency and avoid ambiguity.
If any provision of this section is held to be invalid or unenforceable, the remaining provisions shall continue to apply in full force and effect.
SECTION 23 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Wire of Hope, its affiliates, contractors, suppliers, officers, service providers, licensors, subcontractors, subsidiaries, partners, members, directors, employees, agents, volunteers, and interns (collectively, the “Indemnified Parties”) from and against any claims, demands, liabilities, losses, damages, costs, or expenses, including reasonable attorneys’ fees and court costs, arising out of or related to:
– Your breach of these Terms of Service or any documents incorporated by reference.
– Your use or misuse of Wire of Hope’s services or any other related actions.
– Your violation of any applicable laws, regulations, or third-party rights, including intellectual property rights.
You agree to promptly notify Wire of Hope in writing within 30 days of any such claims or demands and to cooperate fully in the defense of any such claims or demands. Wire of Hope reserves the right to control the defense and settlement of any claims, provided that any settlement requiring you to take any action or make any payment shall be subject to your prior written consent, which shall not be unreasonably withheld.
This indemnification obligation shall survive the termination or expiration of these Terms of Service.
SECTION 24 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law, and any remaining provisions will continue in full force and effect. The invalid or unenforceable provision will be severed from these Terms, and such severance will not impact the validity or enforceability of the remaining terms. Where possible, the severed provision will be replaced with a valid and enforceable provision that closely reflects the original intent of the severed term.
SECTION 25 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right to update, modify, or replace any part of these Terms of Service at our sole discretion. Changes will be effective when posted on our website. We also may but are not obligated to provide notice of significant changes through email or other communication methods as deemed appropriate. It is your responsibility to periodically review these Terms of Service for any updates or changes. Your continued use of or access to our website or services following the posting of changes constitutes your acceptance of those changes. Previous versions of the Terms of Service are available upon request.
SECTION 26 – TERMINATION OF THE TERMS OF SERVICE
These Terms of Service will remain in effect until terminated by either party.
Termination by User: You may terminate these Terms of Service at any time by discontinuing your use of our services.
Termination by Wire of Hope: We reserve the right to terminate these Terms of Service and deny you access to our services at our sole discretion, with or without cause, and with or without prior notice. Termination may occur if we determine or reasonably suspect that you have failed to comply with any term or provision of these Terms of Service or have otherwise engaged in behavior that undermines the integrity of our services.
Post-Termination Obligations: Upon termination, you will remain liable for any amounts due up to and including the date of termination. Any outstanding payments or fees must be settled within 30 days. The obligations and liabilities of the parties that arose prior to the termination of these Terms of Service shall continue to be in effect after termination, including but not limited to indemnification, payment obligations, and confidentiality provisions.
Effect of Termination: Upon termination, all rights granted to you under these Terms of Service will cease immediately, and you must stop using the services and delete any copies of our content in your possession.
Return or Destruction of Materials: If applicable, you agree to return or destroy any proprietary materials or content belonging to Wire of Hope as directed upon termination.
SECTION 27 – CONTACT US
If you have any questions, concerns, or issues regarding our Terms of Service, Privacy Policy, or any other matter related to our services, please contact us by regular mail or through our contact form. By contacting us, you acknowledge that communication through these methods is subject to our Privacy Policy and Terms of Service. Please ensure you provide accurate contact information to facilitate a timely response.