ADDRESSED TO YOU (Solve Hard Problems, LLC) End User License Agreement for Software and Platform. (USA)
SECTION A – GENERAL TERMS AND CONDITIONS
1. Introduction and Overview
Thank you for choosing ADDRESSED TO YOU (Solve Hard Problems, LLC)! We provide a platform (the "Platform") that encompasses (1) The service, software (The "Service"); and (2) Web-based software (including our desktop, tablet and any and all mobile applications), any accompanying documentation, and any updates to such software or documentation (collectively, "Software"). ADDRESSED TO YOU (Solve Hard Problems, LLC) along with any parent, subsidiary, affiliate, or related companies (including those listed here such as ADDRESSED TO YOU (Solve Hard Problems, LLC)), and are referred to in these provisions as "ADDRESSED TO YOU (Solve Hard Problems, LLC)", "ADDRESSED TO YOU", "Solve Hard Problems, LLC Companies", "Addressedtoyou.com", "we" or "us."
When you use the Platform, you enter into a binding contract with us. Each section of the agreement begins with an italicized annotation that is intended to help you navigate the agreement. The annotations do not completely summarize the agreement, though, and you should read each section carefully and in full. We've also bolded and/or capitalized a few areas that talk about important legal rights, and you should be sure to read those sections carefully. These provisions in Section A apply to the Platform generally and are separate from the provisions in Section B which include additional provisions for your use of specific ADDRESSED TO YOU (Solve Hard Problems, LLC) Software or Services.
If you are an individual 18 years or older acting on your company's or client's or children’s (over 16 years old), behalf, you accept these provisions on their behalf and the term "you" will refer to you, your company, your children over 16 years of age, and/or your client. You will be responsible as the registrar of our Service for any legal ramifications regarding anyone under your auspices, as listed above, according to the terms of this contract. We do not allow children under 16 years old to use the "Platform", "Software", or "Service" of ADDRESSED TO YOU (Solve Hard Problems, LLC).
2. Agreement to These Terms
You need to agree to these terms to use our Platform. By using the Platform, you are instructing us to share your data across our Platform for marketing, eligibility, and other purposes described in our Privacy Policy consistent with applicable law. This data may include credit information and other information we obtain from third-parties.
To access and/or use the Platform, you acknowledge and agree to the terms and conditions of this agreement ("Agreement"), which includes:
- ADDRESSED TO YOU (Solve Hard Problems, LLC) Privacy Policy;
- The current version of the terms set out in Section A and Section B; and
- Any additional provisions and conditions provided separately to you for your use of the Platform, which may include terms and conditions from third-parties (which we refer to as "Additional Terms");
- You are at least 18 years of age;
- You are capable of forming a binding contract with ADDRESSED TO YOU (Solve Hard Problems, LLC); and
- You are not a person who is prohibited from using the Platform under the laws of the United States, or any other applicable jurisdiction.
3. Your Personal Information
We want to be transparent about how we use personal information and about your rights in our Privacy Policy. You should only provide us with personal information of others if you have received permission to do so.
You agree that ADDRESSED TO YOU (Solve Hard Problems, LLC) may use and maintain your personal information according to the ADDRESSED TO YOU (Solve Hard Problems, LLC) Privacy Policy and any changes published by ADDRESSED TO YOU (Solve Hard Problems, LLC).
To the extent we allow you to input personal information (as the term is defined under applicable law) about individuals other than yourself, you represent and warrant that you have complied with all applicable laws and have received the proper authority or consent to allow us to collect and process such information to operate our business, in accordance with our Privacy Policy. You further agree that any sharing of personal information furnished to ADDRESSED TO YOU (Solve Hard Problems, LLC) among ADDRESSED TO YOU (Solve Hard Problems, LLC) companies, is contemplated as part of the Platform. You agree such sharing does not constitute a "sale" of information as defined under the CCPA.
You agree that ADDRESSED TO YOU (Solve Hard Problems, LLC) may collect, monitor, and use Anonymous Information (as defined below), inter alia to provide, develop, maintain, improve, demonstrate, and market the Platform, in accordance with our Privacy Policy.
"Anonymous Information" means information about use of the Platform which does not enable identification of an individual, such as aggregated data, metadata, and analytic information.
4. Changes
Change happens. When it does happen, we will update this Agreement. If the changes are material, you may need to accept the changes to use the Platform. Similarly, there may be circumstances where we need to update or discontinue the Platform.
ADDRESSED TO YOU (Solve Hard Problems, LLC) may change or update the Platform at any time, including the availability of any feature, content, or database, and ADDRESSED TO YOU (Solve Hard Problems, LLC) may impose limitations or restrictions on certain features and services or on the access to the Platform (or any part thereof), without notice or liability.
ADDRESSED TO YOU (Solve Hard Problems, LLC) may offer alternative or additional features to certain Customers, that may not be offered to others.
We may modify the provisions of this Agreement at any time. We may notify you of such modifications by posting through the Platform or on our website or by other means. It is important that you review this Agreement whenever we modify it because your continued use of the Platform indicates your agreement to the modifications.
In some cases, you may need to accept changes to this Agreement to continue using the Platform. If you do not agree to these changes, you may stop using the Platform or terminate your account.
Similarly, we may update the Platform, including, but not necessarily limited to, tools, utilities, improvements, or third-party applications. You agree to accept these updates. We may further modify, suspend, or discontinue the Platform at any time. You agree that we will not be liable to you or any third- party for any modification, suspension(s), or discontinuance of the Platform.
You acknowledge that the Platform is hosted and made available by certain sub-processors of ADDRESSED TO YOU (Solve Hard Problems, LLC), currently DigitalOcean (DigitalOcean Holdings, Inc.) who may be contacted at DigitalOcean, LLC, 101 Avenue of the Americas, 10th Floor, New York, NY 10013 USA. ADDRESSED TO YOU (Solve Hard Problems, LLC) may remove, add, or replace its sub-processors from time to time, at its sole discretion.
5. Your Rights to Use the Platform
You can use our Platform for your own personal and lawful use or as otherwise permitted under this Agreement.
Except as set forth in the Section B terms, you may access and use the Platform for your own internal, lawful, and non-commercial purposes only.
6. Beta Features
We may provide you with access to beta features in the Platform. You are free to use them, but they are provided as-is and without any warranty, implicit or explicit.
We may include new and/or updated pre-release and trial features in the Platform and such features are provided as-is and without any warranty, implicit or explicit. Your use of such features is at no additional cost, but you must follow additional rules or restrictions that we may place on their use.
7. Account
You will provide accurate, up-to-date account information and securely manage such information.
You may need to sign up for an account to use the Platform. We may need to verify your identity, and you authorize us to collect information (e.g., date of birth, address, phone, email) from you to do so (collectively, with all information requested to enable your account, "Account Information"). You will provide accurate, up-to-date Account Information, and we disclaim any liability arising from your failure to do so. Such failure may further limit your ability to use the Platform and affect the Platform's accuracy and effectiveness.
You are responsible for securely managing your Account Information, including any password(s) for the Platform. You will notify us immediately if you believe that your Account Information or device you use to access the Platform has been lost or stolen or that someone is using your account without your permission.
8. Payment & Cancellations
a. Some Services may be free; others may have associated costs. For those with costs, we may charge your payment method for fees or on a subscription basis. You may cancel your subscription at any time (but you may not receive a refund).
b. We may require payment of fees or a subscription charge for use of the Platform (or certain portions of the Platform) and you agree to pay such fees. If you registered for a trial, you may need to purchase the Platform or a subscription to the Platform before the trial ends in order to retain access to any content provided to, or created through, the Platform.
c. Payments will be billed in U.S. dollars, and your account will be charged upon purchase and when you provide your payment information, unless stated otherwise in applicable payment provisions. If your payment information is not accurate, current, and complete, we may suspend or terminate your account. If you do not notify us of updates to your payment information, we may participate in programs supported by your card provider to try to update your payment information, and you authorize us to bill your account with the updated information that we obtain.
d. You may be charged a subscription fee in advance on an annual basis or other recurring interval disclosed to you prior to your purchase. For annual subscriptions, we will send you a reminder with the then-current subscription fee at least thirty (30) days prior to expiration and we may contact you with early-renewal promotional opportunities that may be limited to no more than sixty (60) days before your subscription term ends, or otherwise as required by applicable law. ADDRESSED TO YOU (Solve Hard Problems, LLC) may change the price for recurring subscription fees from time to time with notice to you. Price changes will take effect at the start of the next subscription period following the date of the price change. If you do not agree with the price change, you may unsubscribe prior to the price change going into effect.
Depending on your purchase choice(s), payments may be One-time Fee, or Subscription based. The One-time Fee will be paid to the Company upon purchase of a One-time/One-item Purchase. The Subscription payment for each Subscription Term will be paid in advance upon registration for the selected Package Subscription. All Fees and Subscriptions are non-refundable, unless required otherwise by mandatory law.
Once you renew your Subscription, the Subscription will be renewed for a period equal in time to the original Subscription Term (with the exception of promotional offers which may add time to the Subscription) for the then appropriate Subscription Fee for the selected package, unless canceled by either ADDRESSED TO YOU (Solve Hard Problems, LLC), or by you prior to the expiration of your subscription.
e. Unless otherwise stated, your payment to ADDRESSED TO YOU (Solve Hard Problems, LLC) will NOT automatically renew at the end of the applicable subscription period and you can cancel a subscription at any time. If you wish to cancel your subscription, you may contact us at [email protected]. Subscription cancellations will take effect the day after the last day of the current subscription period. If you cancel in the middle of a subscription period, you will still be able to continue to access and use the applicable Service until the end of your subscription period if you request to do so. If we do not receive such a request, we will suspend your account and you will not have access to the account or information in the account. We do not provide refunds or credits for any cancellations or partial subscription periods.
f. If we choose to have an extended-payment program as part of our business model, we may have situations where delinquent payments take place. In this rare situation, delinquent payments may bear compounded interest, as of the payment due date and until paid in full, at a rate equal to the lower of: (i) 1.5% per month, or (ii) the highest rate permitted by law. The aforesaid shall not derogate from any other right or remedy to which we may be entitled. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by us in collecting any payment. Any services and products offered on the Platform for consideration shall be made available to you only following receipt by ADDRESSED TO YOU (Solve Hard Problems, LLC) of the amounts due by you. If ADDRESSED TO YOU (Solve Hard Problems, LLC) is unable to charge the Fees through your approved payment means, we may, in addition to other remedies, suspend or terminate the services or products purchased or subscribed by you. Unless expressly indicated otherwise, all Fees are stated in US dollars.
g. Taxes. The Fees are exclusive of any and all taxes (including without limitation, value added tax, sales tax, use tax, excise, goods, and services tax, etc.), levies, or duties, which may be imposed in respect of these Terms (the "Taxes"). If the Customer is located in a jurisdiction which requires the Customer to deduct or withhold Taxes or other amounts from any amounts due to ADDRESSED TO YOU (Solve Hard Problems, LLC), you shall promptly notify us in writing and we shall make reasonable efforts to avoid any such Tax withholding, provided, however, that in any case, Customer shall bear the sole responsibility and liability to pay such Tax and such Tax shall be added to the Fees payable by the Customer.
h. Payment Processing. The Customer hereby authorizes ADDRESSED TO YOU (Solve Hard Problems, LLC) either directly or through a third-party’s payment processing service, to charge the Fees via the Customer’s selected payment method. Payments processed by a third party are in the third party’s exclusive responsibility and are subject to the third party’s terms and conditions. The Customer agrees that such third-party’s terms and conditions shall apply to its payment of the Fees. ADDRESSED TO YOU (Solve Hard Problems, LLC) WILL NOT BE LIABLE FOR THE ACTIONS OR OMISSIONS OF ANY THIRD-PARTY PAYMENT PROCESSOR. The Customer hereby authorizes a third-party payment processor to provide data and information to ADDRESSED TO YOU (Solve Hard Problems, LLC). If it becomes necessary, ADDRESSED TO YOU (Solve Hard Problems, LLC) will be free to replace the payment processing service from time to time and/or process payments itself.
9. Desktop and Mobile App Use
The Platform may be available through one or more apps for a compatible desktop computer, tablet, or mobile device. You agree that you are solely responsible for any applicable changes, updates and fees as well as complying with the provisions of your agreement with your telecommunications provider and any third-party mobile app marketplace.
With respect to the applicable Software, you are only granted limited rights to use the Software you have signed up for or for which you have purchased a user license or acquired a free trial. ADDRESSED TO YOU (Solve Hard Problems, LLC) reserves all other rights in the applicable Software not granted to you in writing in this Agreement. Conditioned upon your compliance with the terms and conditions of this Agreement (including all payment obligations), ADDRESSED TO YOU (Solve Hard Problems, LLC) grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the applicable Software only for the period of use provided in the ordering and activation terms (as applicable), as set forth in this Agreement or in ADDRESSED TO YOU (Solve Hard Problems, LLC)’s then-current product discontinuation policies (as updated from time to time) and only for the purposes described by ADDRESSED TO YOU (Solve Hard Problems, LLC) for the applicable Software.
10. You acknowledge and agree that such Software is licensed, not sold.
You may not make any copies of the Software or any part of the Platform, but we highly recommend that you make a copy of your address file for personal backup purposes, provided that you reproduce on it all copyright and other proprietary notices that are on the original copy of the Software if they are present in the original Software. You will not delete or in any manner alter the copyright, trademark, patent, patent pending, and other proprietary rights notices or markings appearing on the Software as delivered to you and/or used by you.
ADDRESSED TO YOU (Solve Hard Problems, LLC)., has complete right, title and interest in the Platform, including and without limitation to any content, materials, software, know-how, data files, documentation, code, SDK, API, designs (including the "look and feel" of the Platform), graphics, text, media, music, designs, audio files or other sounds, photographs, images, videos, illustrations, interactive features, methodologies, artwork, names, logos, trademarks and services marks (excluding Customer Content), any and all related or underlying technology and any updates, new versions, modifications, improvements, developments or derivatives thereof, including any product of the Platform or any content created through the Platform, is the property of ADDRESSED TO YOU (Solve Hard Problems, LLC). These Terms do not convey to You any interest in or to the Platform, except for a limited right of use as set forth herein, terminable in accordance with these Terms.
11. Third-Party Advice and Products
You may have access to professional advice and third-party products. Any such advice and products are not covered under this Agreement.
From time to time, we may offer specific functionality in the Platform that provides you with the opportunity to seek professional advice, for example, the ability to speak with a designer, photographer, videographer, artist, etc. Unless specifically disclosed, ADDRESSED TO YOU (Solve Hard Problems, LLC) is not in the business of providing professional service or advice, and you should consult with professionals in the area of your concern, for advice prior to making important decisions in these areas. You agree that we have no liability regarding the outcome of any advice you may receive from us or from any affiliated third-party.
The Platform may include information about or offers for third-party services or products or allow you to access or connect your account to third-party services or products. ADDRESSED TO YOU (Solve Hard Problems, LLC) does not warrant, and is not responsible for, the services and products or claims made about them, or the actions or inactions of any third-party. You must review and comply with the third-party's services and product provisions. ADDRESSED TO YOU (Solve Hard Problems, LLC) may be compensated by those third-parties, which could impact whether, and/or, how and where the services and products are displayed.
12. Content and Data
What's yours remains yours, what's ours remains ours, but we may use any information you provide to improve our Platform.
You are solely responsible for anything you write, submit, receive, share, and store or any data you input into the Platform (collectively, your "Content"). Content includes, but is not limited to, data, information, materials, text, graphics, designs, art, images, audio, video that are uploaded, transmitted, posted, generated, stored, or otherwise made available through the Platform. You have no obligation to provide any content to the Platform, and you're free to choose the content that you want to provide as long as it meets the legal, ethical, appropriate requirements listed in other parts of this agreement. We reserve the right to limit, delete, or close your account completely at our discretion, if we deem your content to be illegal, unethical, or inappropriate for our Platform. You acknowledge certain functionality in the Platform may be dependent on the provision of Content and may not be available without such Content.
Your Content remains yours, which means that you retain any intellectual property rights that you have in your Content. By sharing your Content on the Platform, you hereby grant ADDRESSED TO YOU (Solve Hard Problems, LLC), a license to use your Content, as described in more detail below.
13. What's covered
This license covers your Content to the extent your Content is protected by intellectual property rights.
14. Scope
This license is:
- Worldwide, which means it's valid anywhere in the world;
- Non-exclusive, which means you can license your Content to others; and
- Royalty-free, which means there are no fees for this license.
15. Rights
This license allows ADDRESSED TO YOU (Solve Hard Problems, LLC) to:
- Host, reproduce, distribute, communicate, sublicense, and use your Content — for example, to save your Content on our systems and make it accessible from anywhere you go;
- Publish or publicly display your Content if you've made it visible to others; and
- Modify and create derivative works based on your Content, such as reformatting or translating it.
16. Purpose
This license is for the limited purpose of:
Operating, providing, and improving the Platform, which means allowing the Platform to work as designed and creating new features and functionalities.
17. Duration
This license lasts for as long as your Content is protected by intellectual property rights.
ADDRESSED TO YOU (Solve Hard Problems, LLC), may collect, derive, or generate deidentified and/or aggregated data regarding your usage of, or the performance of the Platform, including data derived from your Content. ADDRESSED TO YOU (Solve Hard Problems, LLC) will own all such data and may use this data without restriction, including, but not limited to, operating, analyzing, improving, or marketing ADDRESSED TO YOU (Solve Hard Problems, LLC) products and services, including the Platform.
As between you and ADDRESSED TO YOU (Solve Hard Problems, LLC), ADDRESSED TO YOU (Solve Hard Problems, LLC) and its licensors retain all rights, title, or interest in and to the Platform, except for the rights granted to you.
18. Prohibited Uses
We expect you to obey the law and follow certain rules in using the Platform.
ADDRESSED TO YOU (Solve Hard Problems, LLC), does not condone or support any activity that is illegal, violates the rights of others, harms, or damages ADDRESSED TO YOU (Solve Hard Problems, LLC)’s reputation, or could cause ADDRESSED TO YOU (Solve Hard Problems, LLC) to be liable to a third-party. At minimum, you may not, and may not permit, use of the Platform to:
- Use an unreasonable or disproportionately large load on ADDRESSED TO YOU (Solve Hard Problems, LLC)., or our service providers’ infrastructure;
- Use the Platform for any purpose other than the Purpose stated in this agreement;
- Copy, modify, alter, translate, emulate, create derivative works based on anything in the Platform, or reproduce the Platform or any content created through the Platform;
- Give, publish, sell, resell, distribute, assign, pledge, or transfer (by any means), display, sublicense, rent, lease or otherwise share the rights granted under these Terms to any third party, or use the Platform in any service bureau arrangement;
- Publish, sell, resell, assign, pledge, or transfer (by any means), sublicense, rent, lease or otherwise grant any right in any work or content created through the Platform;
- Reverse engineer, de-compile, decrypt, revise or disassemble the Platform or any part thereof, or extract source code from the object code of the Platform, or access or use the Platform in order to build a competing product or service;
- Bypass any measures we may use to prevent or restrict access to the Platform, and/or take any action intended to circumvent or disable the operation of any security feature or measure of the Platform;
- Access the Platform or ADDRESSED TO YOU (Solve Hard Problems, LLC)’s systems via any means other than through the interface provided by ADDRESSED TO YOU (Solve Hard Problems, LLC) or via automated means, including by crawling, scraping, caching or otherwise;
- Use the Platform in any manner that is illegal or not authorized by these Terms;
- Interfere or attempt to interfere with the integrity or proper working of the Platform;
- Remove, deface, obscure, or alter ADDRESSED TO YOU (Solve Hard Problems, LLC), or any third-party's identification, attribution or copyright notices, trademarks, patent notices, or other proprietary rights affixed to or provided as part of the Platform;
- Provide any third-party access to the Platform through Customer’s Account;
- Violate any law, regulation, executive order, or ordinance, including through actions that give rise to criminal, civil, administrative, or regulatory liability and/or fines;
- Post or share Content that is or may be illegal or inappropriate, including material that may be defamatory, obscene, harassing, offensive, fraudulent, objectionable, or infringing on the rights of others;
- Transmit any virus, trojan horse, or other disruptive or harmful software or data;
- Send any unsolicited or unauthorized advertising, such as spam;
- Impersonate or misrepresent your affiliation with ADDRESSED TO YOU (Solve Hard Problems, LLC);
- Reproduce, modify, resell, license, or provide free or unauthorized access to the Platform or make the Platform available on any file-sharing, virtual desktop, or application hosting service;
- Attempt to reverse engineer, decompile, or disassemble in any way any of the Platform;
- Engage in unauthorized access, monitoring, interference with, or use of the Platform or third-party accounts, information (including personal information), computers, systems, or networks, including scraping or downloading content that doesn't belong to you;
- Use the Platform for general archiving or back-up purposes; or
- Encourage or enable any other individual to do any of the above or otherwise violate this Agreement.
We take copyright violations seriously at ADDRESSED TO YOU (Solve Hard Problems, LLC). We respect the copyrights of others and expect you to do the same. If you repeatedly infringe the copyrights of others, we may terminate your account.
ADDRESSED TO YOU (Solve Hard Problems, LLC) may terminate your use of the Platform based on our reasonable suspicion that your activities, business, or products are objectionable or promote, support, or engage in any of the prohibited uses described above.
ADDRESSED TO YOU (Solve Hard Problems, LLC) may (but has no obligation to) monitor the use of the Platform or Content and may edit or remove any Content at our sole discretion. We may disclose and/or delete and dispose of any information necessary to satisfy our legal obligations, protect ADDRESSED TO YOU (Solve Hard Problems, LLC) or its customers, or operate the Platform properly.
19. Community Forums and Testing/Tester Criteria, relating to Feedback
You may be able to communicate with others through our Platform but please be respectful. Suggestions you provide for improving our Platform may be used freely by us and are cost and royalty free.
If we ever choose for the Platform to include a community forum or other social features that enable you to exchange Content and information with other users of the Platform and the public, ADDRESSED TO YOU (Solve Hard Problems, LLC) does not support and is not responsible for the Content in these community forums. Please be respectful if/when you interact with other users. Do not reveal information that you do not want to make public. If we ever allow users to post hypertext links to content of third-parties, ADDRESSED TO YOU (Solve Hard Problems, LLC) is not responsible for the result of your use of those links nor the content.
You may be able to provide ADDRESSED TO YOU (Solve Hard Problems, LLC) with your feedback, suggestions, or ideas for the Platform. You grant ADDRESSED TO YOU (Solve Hard Problems, LLC) a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty-free license to use your feedback, suggestions, and ideas in any way, including in future modifications of the Platform, other products or services, advertising, or marketing materials.
20. Termination
You may cancel your account, and ADDRESSED TO YOU (Solve Hard Problems, LLC) may suspend or terminate your use of the Platform. For mobile apps, removing the app may not cancel your subscription or delete your data.
This Agreement is effective until your subscription expires, or you cancel your account or ADDRESSED TO YOU (Solve Hard Problems, LLC) terminates this Agreement (or your account). ADDRESSED TO YOU (Solve Hard Problems, LLC) may terminate this Agreement (and your account) or suspend the Platform at any time at our discretion.
Please note that removing an ADDRESSED TO YOU (Solve Hard Problems, LLC) mobile app from your device may not cancel your subscription or delete your data. If you want to cancel your subscription for a Service, please email us at [email protected] and follow the applicable Service instructions.
If you do not renew your subscription within 30 days after the end of your subscription term, your account will be automatically closed and all associated Content may be permanently deleted.
21. Effect of Termination
You must stop using the Platform once your subscription expires or you cancel your account (or if this Agreement or your account is terminated).
Upon expiration of your subscription or cancellation of your account, or ADDRESSED TO YOU (Solve Hard Problems, LLC)’s termination of your account or this Agreement, you must immediately stop using the Platform and pay all fees for Platform used. No expiration or termination will affect your obligation to pay all fees due or that may have accrued through the effective date of expiration or termination or entitle you to any refund.
22. Survival
There are a few parts of this Agreement that will continue to apply after termination.
The following Sections will survive any termination, discontinuation or cancellation of the Platform or your account: "Your Personal Information," "Payment & Cancellations" (with respect to fees due and unpaid), "Content and Data," "Community Forums and Testing/Tester Criteria, relating to Feedback," "Effect of Termination," "Disclaimers," "Limitation of Liability," "Indemnity Obligations," "Disputes," and "General Terms and Conditions."
23. ADDRESSED TO YOU (Solve Hard Problems, LLC) Communications
We may contact you from time to time to support your use of the Platform.
In order to properly support and serve you, we occasionally need to reach out and contact you, and may do so in a variety of ways such as via text message, email, phone, letter, or messaging functionality in the Platform. We want to provide you with options for receiving communications from us, and as such you may opt-in or opt-out of receiving certain types of communications from us or sign up to receive certain kinds of messages from us, depending on the Platform. You will need to notify us of any changes to your contact details to ensure your preferences are updated, however, our ability or inability to contact you based on your preferences, may affect the quality of the user experience for which we accept no liability.
You may contact us by email, [email protected], Phone, 864-747-7542, U.S. Mail, P.O. Box 26613, Greenville, SC, 29616. Business address is 110 Hale Street, Easley, SC 29642, USA.
24. Third-Party Account Information
ADDRESSED TO YOU (Solve Hard Problems, LLC) is not responsible for any account information obtained from third-parties.
25. Disclaimers
We don't make any warranties regarding the Platform except as expressly stated in this Agreement.
The only warranties we make regarding the Platform are (1) stated in this Agreement, or (2) as provided under applicable laws. The Platform is otherwise provided "as-is," and we do not make any other warranties about the Platform. Unless required by law, we do not provide implied warranties, such as the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Platform is error-free, secure, or free from any viruses or other harmful components. We also do not provide any warranties with respect to data loss, data storage, or to the accuracy, reliability, or availability of the Platform, nor of any content (including any Content) or information made available in the Platform. If the exclusions for implied warranties do not apply to you, any implied warranties are limited to sixty (60) days from the date of purchase or delivery of the Platform, whichever is sooner.
Data storage is offered solely as a convenience, and we do not warrant any type, any amount, or any time frame for storage of your data. We reserve the right, at our sole discretion and convenience, to limit or delete any Content of yours at any time.
ADDRESSED TO YOU (Solve Hard Problems, LLC) has created a novel process that utilizes various unconventional techniques to produce the output from the Platform that is utilized by your printer(s). As in any software output, there is no guarantee that any printed data will work the same way on every printer. Different printers may handle output in such a way that may cause damage to your printer(s) or other peripheral equipment or produce unexpected and/or undesirable results. Consequently, you agree that ADDRESSED TO YOU (Solve Hard Problems, LLC) accepts no liability in any form for damage of any kind to any output media, printer(s) or any other peripheral equipment. You accept all risks involved with printer output and potential printer or media damage and release ADDRESSED TO YOU (Solve Hard Problems, LLC) from any damage(s) incurred during the use of the ADDRESSED TO YOU (Solve Hard Problems, LLC) Platform, Software, or Services.
26. Limitation of Liability
Our liability is limited when it comes to issues you may encounter with our Platform.
Other than the rights and responsibilities described in this Agreement and as allowed by applicable law, ADDRESSED TO YOU (Solve Hard Problems, LLC) won't be responsible for any losses.
The total aggregate liability of ADDRESSED TO YOU (Solve Hard Problems, LLC) and our third-party providers, licensors, distributors, or suppliers ("ADDRESSED TO YOU (Solve Hard Problems, LLC) Parties") arising out of or relating to this Agreement is limited to the greater of: (1) the fees that you paid to use the relevant Service(s) in the 12 months before the breach or (2) $100.
The ADDRESSED TO YOU (Solve Hard Problems, LLC) Parties won't be responsible for the following:
- Loss of data, profits, revenues, business opportunities, goodwill, or anticipated savings;
- Indirect, incidental, or consequential loss; or
- Punitive damages.
The above limitations apply even if the ADDRESSED TO YOU (Solve Hard Problems, LLC) Parties have been advised of the possibility of such damages. This Agreement sets forth your exclusive remedy with respect to the Platform and its use.
If you're legally exempt from certain responsibilities, including indemnification, then those responsibilities don't apply to you under this Agreement. For example, certain government entities and individuals enjoy certain immunities from legal obligations and this Agreement doesn't override those immunities.
27. Indemnity Obligations
If someone sues us because you used the Platform unlawfully or didn't follow our rules, you will be fully responsible for any harm to us.
You will indemnify and hold harmless the ADDRESSED TO YOU (Solve Hard Problems, LLC) Parties for any losses, damages, judgments, fines, costs, and expenses (including legal fees) in connection with any claims arising out of or relating to your unlawful or unauthorized use of the Platform or violation of this Agreement. ADDRESSED TO YOU (Solve Hard Problems, LLC) reserves the right, at its sole discretion and at its own expense, to assume the exclusive defense and control of any claims. You agree to reasonably cooperate as requested by ADDRESSED TO YOU (Solve Hard Problems, LLC) in the defense of any claims.
28. Disputes
In the event we are unable to resolve any dispute through an informal dialogue, a third-party arbitrator or small claims court will help us resolve any disputes we might have, and any disputes will be resolved on an individual basis rather than as a class action.
If you are a U.S. customer:
You and ADDRESSED TO YOU (Solve Hard Problems, LLC) agree that, except as provided below, any dispute, claim or controversy arising out of or relating in any way to the Platform or this Agreement (a "Claim") will be determined by binding arbitration or small claims court, instead of in courts of general jurisdiction.
Either you or ADDRESSED TO YOU (Solve Hard Problems, LLC) can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or ADDRESSED TO YOU (Solve Hard Problems, LLC) may seek to have a Claim resolved in small claims court in your county of residence or the small claims court in closest proximity to your residence, and you may also bring a claim in small claims court in the South Carolina Court System, Magistrates court, County of Pickens.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision, and that you and ADDRESSED TO YOU (Solve Hard Problems, LLC) are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and/or the termination of your account.
If you elect to seek arbitration, you must first send to ADDRESSED TO YOU (Solve Hard Problems, LLC), a written notice of your Claim ("Notice of Claim"). The Notice of Claim to ADDRESSED TO YOU (Solve Hard Problems, LLC) should be sent in care of: Legal Department, P.O. Box 26613, Greenville, SC 29616. The Notice of Claim should include both the mailing address and email address you would like ADDRESSED TO YOU (Solve Hard Problems, LLC) to use to contact you. If ADDRESSED TO YOU (Solve Hard Problems, LLC) elects to seek arbitration, it will send, by certified mail, a written Notice of Claim to your address on file. A Notice of Claim, whether sent by you or by ADDRESSED TO YOU (Solve Hard Problems, LLC) must (a) describe the nature and basis of the Claim or dispute; and (b) set forth the specific amount of damages or other relief sought.
You and ADDRESSED TO YOU (Solve Hard Problems, LLC) agree that good-faith, informal efforts to resolve disputes, often can result in a prompt, low-cost and mutually beneficial outcome. You and ADDRESSED TO YOU (Solve Hard Problems, LLC) therefore agree that, after a Notice of Claim is sent but before either you or ADDRESSED TO YOU (Solve Hard Problems, LLC) commence arbitration or file a Claim in small claims court against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by this Agreement. If you are represented by counsel, your counsel may participate in the conference as well, but you agree to fully participate in the conference. Likewise, if ADDRESSED TO YOU (Solve Hard Problems, LLC), is represented by counsel, its counsel may participate in the conference as well, but ADDRESSED TO YOU (Solve Hard Problems, LLC) agrees to have a company representative fully participate in the conference. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the informal dispute resolution process required by this paragraph.
If we do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or ADDRESSED TO YOU (Solve Hard Problems, LLC) may commence an arbitration proceeding by filing a Demand for Arbitration or, alternatively, by filing a Claim in small claims court. You agree that you may not commence any arbitration or file a Claim in small claims court unless you and ADDRESSED TO YOU (Solve Hard Problems, LLC) are unable to resolve the Claim within sixty (60) days after we receive your completed Notice of Claim and you have made a good faith effort to resolve your claim directly with ADDRESSED TO YOU (Solve Hard Problems, LLC) during that time. If a Claim qualifies for small claims court, but a party commences an arbitration proceeding, you and ADDRESSED TO YOU (Solve Hard Problems, LLC) agree that either party may elect instead to have the Claim resolved in small claims court, and upon written notice of a party's election, the American Arbitration Association ("AAA") will administratively close the arbitration proceeding. Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator. In the event of any such dispute, the arbitration proceeding shall remain closed unless and until a decision by the small claims court that the Claim should proceed in arbitration. You may download or copy a form of notice and a form to initiate arbitration at www.adr.org or by calling 1-800-778-7879. The arbitration will be conducted by the AAA before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling 1-800-778-7879, except as modified by this Agreement. Unless ADDRESSED TO YOU (Solve Hard Problems, LLC) and you agree otherwise, any arbitration hearings will take place in the county (or parish) of either your residence or of the mailing address you provided in your Notice of Claim.
The arbitrator will be either (1) a retired judge or (2) an attorney specifically licensed to practice law in the state of South Carolina or the state of your residence and will be selected by the parties from the AAA's National Roster of Arbitrators. The arbitrator will be selected using the following procedure: (a) the AAA will send the parties a list of five candidates meeting this criteria; (b) if the parties cannot agree on an arbitrator from the list, each party shall return its list to the AAA within 10 days, striking up to two candidates, and ranking the remaining candidates in order of preference; (c) the AAA shall appoint as arbitrator the candidate with the highest aggregate ranking; and (d) if for any reason the appointment cannot be made according to this procedure, the AAA may exercise its discretion in appointing the arbitrator. The arbitrator is bound by this Agreement. Except as otherwise provided below, all issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision.
The parties agree that an administrative conference with the AAA shall be conducted in each arbitration proceeding, and you and an ADDRESSED TO YOU (Solve Hard Problems, LLC) company representative shall appear at the administrative conference via telephone. If you fail to appear at the administrative conference, regardless of whether your counsel attends, the AAA will administratively close the arbitration proceeding without prejudice, unless you show good cause as to why you were not able to attend the conference.
The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. ADDRESSED TO YOU (Solve Hard Problems, LLC) will not seek to recover its attorneys' fees and costs in arbitration from you unless the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Judgment on any award may be entered in any court having jurisdiction. This agreement to arbitrate shall not preclude any party to the arbitration from at any time seeking injunctions or other forms of equitable relief in aid of arbitration from a court of appropriate jurisdiction including whether a Demand for Arbitration is filed in violation of this Agreement.
Unless you or ADDRESSED TO YOU (Solve Hard Problems, LLC) seek to have a Claim resolved in small claims court, the arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or ADDRESSED TO YOU, Solve Hard Problems, LLC and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or ADDRESSED TO YOU (Solve Hard Problems, LLC) prevail on a Claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual Claims in arbitration. Before a court of competent jurisdiction issues any public injunctive relief, it shall review the factual findings of the arbitration award on which any injunction would be issued with no deference to the arbitrator.
Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. You are required to pay AAA's initial filing fee, but ADDRESSED TO YOU (Solve Hard Problems, LLC) will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee for filing a complaint in a federal or state court in your county of residence or in Pickens County, South Carolina. If the arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and ADDRESSED TO YOU (Solve Hard Problems, LLC) will not reimburse your initial filing fee. The parties agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or ADDRESSED TO YOU (Solve Hard Problems, LLC), and you and ADDRESSED TO YOU (Solve Hard Problems, LLC) waive any objection to such fee modification.
You and ADDRESSED TO YOU (Solve Hard Problems, LLC) agree that each may bring Claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if you have elected arbitration, unless both you and ADDRESSED TO YOU (Solve Hard Problems, LLC) agree otherwise, the arbitrator may not consolidate any other person's Claims with your Claims and may not otherwise preside over any form of a representative or class proceeding. If ADDRESSED TO YOU (Solve Hard Problems, LLC) believes that any Claim you have filed in arbitration or in court is inconsistent with the limitations in this paragraph, then you agree that ADDRESSED TO YOU (Solve Hard Problems, LLC) may seek an order from a court determining whether your Claim is within the scope of the Class Action Waiver. If this Class Action Waiver is found to be unenforceable, then the entirety of this Disputes Section shall be null and void.
29. Governing Law
The laws of South Carolina govern this Agreement and any disputes that may arise.
South Carolina law and the Federal Arbitration Act will govern all disputes arising out of or relating to the Platform, this Agreement, and any Additional Terms, regardless of conflict of laws rules.
30. Global Trade and Export Restrictions
You are allowed to use the Platform under the laws of the U.S. and other applicable territories. The Platform shall not be exported to or used in countries that are or have been embargoed by the U.S. government within the last 25 years.
You agree that you and anyone who uses the Platform, including the related website, online services, and mobile apps, are not prohibited from using the Platform under the laws and regulations of the United States or other applicable jurisdiction. For example, you are not on the U.S. Treasury Department's list of Specially Designated Nationals or any other similar prohibition. You acknowledge that the Platform may be subject to restrictions under applicable U.S. export control laws and regulations. You agree that you will comply with these export control and sanctions laws and regulations and will not transfer or provide any part of the Platform, in violation of these laws and regulations, directly or indirectly.
31. Government End Users of Software
Even if you are a government end user, your rights to Software are limited to what is described in this Agreement.
The Software is a "commercial item" as that term is defined in FAR 2.101, consisting of "commercial computer software," as such term is used in FAR 12.212 and DFARS 227.7202. If the Software is being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government's rights in the Software will be only those specified in this Agreement.
32. Waiver
If we waive some of our rights under this Agreement, it doesn't mean we waive our rights in other circumstances.
ADDRESSED TO YOU (Solve Hard Problems, LLC)’s failure to act on or enforce any of its rights does not constitute a waiver of any of our rights. Any waiver by ADDRESSED TO YOU (Solve Hard Problems, LLC) of any of the provisions in the Agreement must be made in writing and signed by one of the three duly authorized officers of ADDRESSED TO YOU (Solve Hard Problems, LLC).
33. Force Majeure
Neither ADDRESSED TO YOU (Solve Hard Problems, LLC) nor you will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, interruption or failure of the Internet or any utility service, failures in third-party hosting services, strikes, shortages, riots, fires, pandemic diseases, acts of God, war, terrorism, and governmental action.
34. Assignment
You can't transfer this Agreement or your right to use the Platform to someone else without our written permission.
ADDRESSED TO YOU (Solve Hard Problems, LLC) may assign this Agreement to any party at any time without notice to you. You may not assign your rights under this Agreement, by operation of law or otherwise, without our written consent. Any attempts to do so without our written consent will be void.
35. Severability
If a court voids a term of this Agreement, the other terms will not be affected.
If any provision of this Agreement is unlawful, void, or unenforceable for any reason, then that provision will be severed, and the remaining provisions will remain in full force and effect.
36. Contact Information
If you have any questions about the Platform or this Agreement, please contact ADDRESSED TO YOU (Solve Hard Problems, LLC) Support, P.O. Box 26613, Greenville, SC 29616 or email [email protected]. Phone: 864-747-7542. Physical address: 110 Hale Street, Easley, SC 29642. (Please use the P.O. Box for all physical correspondence.)
37. Relationship of the Parties;
There are no Third-Party Beneficiaries to the terms stated. The parties are independent entities. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. There are no third-party beneficiaries to these Terms.
Latest Revision: June 1, 2024
SECTION B – ADDITIONAL TERMS AND CONDITIONS FOR ADDRESSED TO YOU (Solve Hard Problems, LLC) SOFTWARE:
IMPORTANT NOTICE. USE LIMITATIONS: Your rights to use the Software, Services, Website, Platform, add-on products and services (if any) are subject to the general terms above and the Additional Terms and Conditions below. The Additional Terms and Conditions below shall prevail over any conflict or inconsistency with the General terms above.
1. DEFINITIONS
For purposes of this Section B, certain capitalized words and phrases used in this Section have the meaning defined below. Other capitalized terms and their defined meaning are also provided embedded elsewhere within the text of this Agreement.
1.1. "Applications" means ADDRESSED TO YOU (Solve Hard Problems, LLC) Applications and Third-Party Applications.
1.2. "Authorized User(s)" means any and all individuals (e.g., you, your assistant or trusted advisor, etc.) who you designate or authorize to access and/or modify your Software data on your behalf.
1.3. "Beta Features" means any new or updated non-commercially available Software features which ADDRESSED TO YOU (Solve Hard Problems, LLC) may from time to time make available for your use, Trial, Testing, and feedback.
1.4. "Data Transfer" means the process of transferring or sharing, upon your authorization, your Software data with, or to one or more Applications.
1.5. "Desktop" is used to refer to any and all versions or editions of ADDRESSED TO YOU, primarily designed for access and use on a desktop or laptop computer (e.g., ADDRESSED TO YOU Software, or mobile app, ADDRESSED TO YOU Tablet Software, or ADDRESSED TO YOU Software used on any style electronic device in any format, website, etc.).
1.6. "ADDRESSED TO YOU (Solve Hard Problems, LLC) Application(s)" means other, separate applications developed by ADDRESSED TO YOU (Solve Hard Problems, LLC) that you use and/or authorize to access your Software data using the Data Transfer features.
1.7. "ADDRESSED TO YOU", "Addressed to You Online", "Addressedtoyou.com", "AddressedToYou", or "ATY", and any derivative thereof, is used to refer to the version of "ADDRESSED TO YOU" primarily designed for access and use as an online-hosted/website Service which is the primary medium, but not limited to such, for our Platform, Service, Software.
1.8. "Service(s)" is used in this Section B to refer to the various systems, facilitative processing operations, functionality, or other operational features, including but not limited to support and maintenance, or other products or promotions which may be provided or made accessible to you in or through the Software as a standalone or online-hosted offering. "Services" does not include paid add-on services that may be available to you for a separate or additional fee through the Software.
1.9. "Software" has the meaning defined above in Section A and for purposes of this Section B means specifically the ADDRESSED TO YOU (Solve Hard Problems, LLC), Addressed to You software for 2024 and forward, that is the object of this Agreement, as well as any other free ADDRESSED TO YOU (Solve Hard Problems, LLC)-provided Services, software, applications, programs, tools, and other components, accessible in, through, or in combination with, Addressed to You, ADDRESSED TO YOU Software/Website, including but not limited to the Addressed to You installation application and any ADDRESSED TO YOU (Solve Hard Problems, LLC), Addressed to You Desktop, Tablet, Mobile Application, Website Application(s) for iOS and/or Android, or other mobile operating systems, if available for use with your version of ADDRESSED TO YOU (Solve Hard Problems, LLC), Addressed to You Software, as well as any Updates that you may be eligible to receive based on the license or Subscription purchased as set forth in Sections 6, 8 and 9 further below. For clarity, Software excludes Upgrades and any paid add-on services.
1.10. "Subscription" or "Subscription Plan" refers to the payment of fees on a monthly, quarterly, or annual basis for a license to access and use the Software and any included Services.
1.11. "Third-Party Application(s)" means each and all products or services developed by third- parties that you use in or through the Software and/or you authorize to access your Software data.
1.12. "Trial" means a limited trial-only version of the Software, along with any add-on or other software, products, services, functionality, or features, which may be offered by ADDRESSED TO YOU (Solve Hard Problems, LLC) for your use on a limited or short-term basis.
1.13 "Uninstall" and "Install" as used throughout this Agreement refer to the actual removal of, ADDRESSED TO YOU (Solve Hard Problems, LLC), Addressed to You application(s) from a computer (Uninstall) and the reinstallation (Install) of a new version of the ADDRESSED TO YOU (Solve Hard Problems, LLC), Addressed to You software, along with the upgrades of all ADDRESSED TO YOU (Solve Hard Problems, LLC), Addressed to You related data and company files.
1.14. "Updates" means Software improvements, patches, security updates, fixes, (including, e.g., security fixes or bug fixes), changes, including addition or removal of new or existing features, new required processes or steps, other components, error corrections, or other requirements for continued use of the Software, generally provided to users of your specific version of the Software, when-and-if they are made available and as may be required by ADDRESSED TO YOU (Solve Hard Problems, LLC) for continued use of the Software. For clarity, Updates exclude Upgrades.
1.15. "Upgrades" means any major or significant future-released versions of the full or complete Software, if developed and released by ADDRESSED TO YOU (Solve Hard Problems, LLC) at its sole discretion. ADDRESSED TO YOU (Solve Hard Problems, LLC) may choose not to release any Upgrade of the Software during or after your current Subscription term. For clarity, Upgrades exclude Updates.
1.16. "You", "you", "your", "Customer", and "customer", as used throughout this Agreement means the individual person, or the legal entity on whose behalf such person acts, that licenses the Software from ADDRESSED TO YOU (Solve Hard Problems, LLC) and is identified by name during the Software account creation and registration process.
2. REGISTERING THE SOFTWARE; ACCOUNT SIGN UP OR SIGN-IN; REGISTRATION DATA
2.1. Registering the Software. During or after installation or login, you will be required to activate and register the Software (including providing your personal and/or company information and/or the personal information of an authorized individual and/or company representative) before use. You will be asked to provide a valid Software product and/or license number, code, password, or key. You agree to keep your registration and/or account profile information accurate, complete, and current and any Software license information secure and confidential. Allowing or enabling others to use your license number(s), password(s), product number(s), and validation number(s), Software specific codes(s), if any, is a violation of this Agreement, grounds for immediate termination by ADDRESSED TO YOU (Solve Hard Problems, LLC) and is strictly prohibited.
2.2. ADDRESSED TO YOU (Solve Hard Problems, LLC) Account Creation and Sign Up or Sign In. You will be required to create or sign up for a ADDRESSED TO YOU, Solve Hard Problems, LLC account (and sign in) with ADDRESSED TO YOU (Solve Hard Problems, LLC) in order to use the Software and you agree to do so within the time specified by the Software, otherwise you will not be able to continue to use the Software. To help avoid unintended access to your account or profile information, the Software may be designed to automatically sign you out of your account (and require another sign in), including after periods of inactivity. When signing up or using the Software, you may be prompted to create a private encryption key or password in connection with your account and data file(s), and you may be required to engage in multi-factor authentication, including via use of a unique security code sent to your email and/or mobile device. You understand and agree that you are responsible for any and all mobile data charges associated with this multi-factor authentication. Once created, you must take care to either memorize and/or securely store all passwords and encryption keys. If you forget or misplace an encryption key, you may lose access to your data that is encrypted with that key. ADDRESSED TO YOU (Solve Hard Problems, LLC) is not responsible or liable for passwords or encryption keys stored insecurely, forgotten, or misplaced, or for any unauthorized access or inability to retrieve or recover access to data resulting from such unsecured, forgotten, or misplaced passwords or encryption keys.
2.3. Registration Data. Your data, including your registration information, will be collected, and used as provided in this Agreement and in accordance with our privacy policies, which can be found by accessing this link: Privacy Policy. If and when you connect to the internet and use the Software, ADDRESSED TO YOU (Solve Hard Problems, LLC) may also gather certain kinds of information which ADDRESSED TO YOU (Solve Hard Problems, LLC) may use to improve the Software and the security of the Platform, and/or develop other ADDRESSED TO YOU (Solve Hard Problems, LLC) products, better customize your experience with the Software in future releases, and present you with improved ADDRESSED TO YOU (Solve Hard Problems, LLC) marketing offers.
3. LICENSES, LICENSE GRANT; LIMITATIONS AND RESTRICTIONS
3.1. Licenses, License Grant. Provided that you comply with all the terms and conditions of this Agreement, ADDRESSED TO YOU (Solve Hard Problems, LLC) grants you the following license rights:
3.1.1. Trial-User License. From time to time, ADDRESSED TO YOU (Solve Hard Problems, LLC), or certain third-parties, may offer certain Trials and the opportunity to use them for a finite period of time, ("Trial Period"). If you have signed up to use any Trial version or Subscription in the United States:
3.1.1.1. You are granted a limited non-exclusive license during the Trial Period to use the Trial so that one individual may create one and only one account to access the Trial version or Trial Subscription. You may print one copy of any online user documentation in relation to the Trial version or Subscription, however, you cannot make multiple copies of any online user documentation or printed materials that accompany the Trial (if any); and
3.1.1.2. Your license to use any Trial is valid only for the Trial Period. You understand that upon expiration of your Trial user license, you must purchase a license for the particular software, product, or Service or sign up for the Subscription in order to continue using or accessing the applicable software, product, or Service and to retain any Content (defined furthest above in Section A.12.) that you have entered into or created within the software, product, or Service data file, or posted or uploaded during the Trial Period. If you do not purchase the particular software, product, or Service license or Subscription by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Trial software, product, or Services during the Trial Period, if you decide not to purchase the license or Subscription for the full version of the applicable software, product, or Services, you will not be able to access or retrieve any of the Content and data you added, uploaded, or created with the Trial during the Trial Period.
3.1.2. Subscription Licensing. If you purchased a Subscription, the terms of this Agreement, as supplemented by ADDRESSED TO YOU (Solve Hard Problems, LLC)’s then current Subscription terms, will govern your use of the Software. The duration of such license to use the Software will be based on your product's then current Agreement, and your timely payment of all subscription renewal costs and fees.
3.1.3. Use with Your Mobile Device. Use of the Software may be available through a compatible mobile device and require Internet access. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
ADDRESSED TO YOU (Solve Hard Problems, LLC) MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO:
(a) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
(b) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
(c) ANY DISCLOSURE OF INFORMATION TO THIRD-PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
4. MAXIMUM LIMITS FOR SIMULTANEOUS USERS; CONCURRENT FILE ACCESS; LIST ENTRIES
4.1 Maximum Limits for List Entries. When you purchase a Software license and depending on the particular Software package, there may be limits to the number of lists, list entries, and custom fields permitted for each list in your data file based on your version of the Software (e.g. number of names, addresses, designs, etc.).
5. PAYING FOR YOUR SOFTWARE SUBSCRIPTION PLAN AND ANY ADD-ON SERVICES (I.E. RENEWALS, UPGRADES, AND DOWNGRADES)
5.1 When you subscribe to a paid Software Subscription Plan or any paid add-on services, you must have a valid credit card or a valid debit card with a Visa or MasterCard logo ("Card") or sufficient funds in an acceptable U.S. checking or savings account to cover an electronic debit of the initial Subscription or service fee to obtain (and to maintain uninterrupted) the applicable Software Subscription and any paid add-on service(s). The information you provide must be accurate and complete. When you subscribe and provide payment information, your Card or bank account will be debited, and immediate payment will be required. We will not automatically bill your card for renewal subscriptions. We will notify you prior to the end of your subscription by email and/or text and/or letter and/or phone and/or any other communication you authorize, in order to give you time to re-subscribe. Of course, you may re-subscribe at any time without notification. If you do not re-subscribe and make payment prior to the expiration of your subscription, your account will be suspended until you have renewed your subscription and made payment by one of the means listed above. Completely at our convenience and sole discretion, we may attempt to maintain your data files for one (1) year subsequent to the suspension of your account for your convenience should you resubscribe, but there are no guarantees of this file retention, and we accept no liability for the loss of your data files or any inconvenience you may have regarding the loss of these files or the termination of your account. We HIGHLY recommend that you save all of your data files on your own computing device so you will have access to them if your account is suspended, terminated, or there is accidental data loss. Data storage is offered solely as a convenience, and we do not warrant any type, any amount, or any time frame for storage of your data. We reserve the right, at our sole discretion and convenience, to limit or delete any Content of yours at any time. You may notify us at any time to cancel a Subscription or other paid add-on service. In the event we incorporate automatic renewal into any of our products, to help minimize the potential for unwanted Renewal Term charges, you should notify us of your desire to cancel a Subscription Plan or other paid add-on service prior to the beginning of its next Renewal Term.
5.2 Subscription Upgrades. If you upgrade to a higher-level subscription package while you are already subscribed to another lower-level subscription package, you will receive all of the benefits of the higher-level subscription package starting on the day that you upgrade. You will also retain all of the unused benefits of your previous subscription package(s) with the following exception: The unused time remaining on the subscription package from which you are upgrading will be added to the time period of the subscription package to which you are upgrading for a total time period of no more than one year and sixty days from the time of the upgrade. To be perfectly clear, the total time period of subscription upgrades listed above will be limited to a maximum of one year and sixty days with the exception of special promotions which allow for a longer time period. No pro-rated refunds will be provided for the previous subscription package. Your new subscription period will start on the day of the new higher-level subscription.
5.3 Subscription Renewals. If you renew your subscription before its expiration date, you will receive all of the new benefits of the subscription to which you are renewing, starting on the day that you renew. You will also retain all of the unused benefits your previous subscription package(s) with the following exception: The unused time remaining on the subscription from which you are renewing will be added to the time period of the subscription to which you are renewing for a total time period of no more than one year and sixty days from the time of the renewal. To be perfectly clear, the total time period of subscription renewals listed above will be limited to a maximum of one year and sixty days with the exception of special promotions which allow for a longer time period. No pro-rated refunds will be provided for the subscription from which you are renewing. Your new subscription period will start on the day of the renewal. If you renew your subscription on or after its expiration date, you will receive all of the new benefits of the subscription to which you are renewing, starting on the day that you renew. You will not receive any additional benefits other than whatever promotion is offered and accepted at the time of renewal.
5.4 Subscription Downgrades. If you downgrade to a lower-level subscription package while you are already subscribed to another higher-level subscription package, you will receive all of the benefits of the lower-level subscription package starting on the day that you downgrade. You will also retain all of the unused benefits of your previous subscription package(s) with the following exception: The unused time remaining on the subscription package from which you are downgrading will be added to the time period of the subscription package to which you are downgrading for a total time period not to exceed one year and sixty days from the time of the downgrade. To be perfectly clear, the total time period of subscription downgrades listed above will be limited to a maximum of one year and sixty days with the exception of special promotions which allow for a longer time period. No pro-rated refunds will be provided for the previous subscription package. Your new subscription period will start on the day of the new lower-level subscription. Regarding stored data and Content, we may require an additional fee for storing data in some circumstances.
5.5 Subscription Cancellation. Upon cancellation, completely at our convenience and sole discretion, we may attempt to maintain your data files for thirty (30) days subsequent to the cancellation of your account for your convenience should you choose to resubscribe. There are no guarantees of this file retention, and we accept no liability for the loss of your data files or any inconvenience you may have regarding the loss of these files or the cancellation of your account. We HIGHLY recommend that you save all of your data files on your own computing device so you will have access to them after your account is cancelled. Our potential attempt to retain your data for a period of thirty (30) days after your cancellation request assumes your account was in good standing at the time of your cancellation request and was not terminated by us for whatever reason. After the thirty (30) days, you will not have any access to the ADDRESSED TO YOU (Solve Hard Problems LLC) data, and other Content you uploaded. There are no refunds upon cancellation.
6. RECEIVING SOFTWARE UPDATES; UPDATE AVAILABILITY
6.1 Receiving and Installing Software Updates. You are required to install all Updates promptly in order to continue using the Software. If and when you connect to the internet and use the Software, ADDRESSED TO YOU (Solve Hard Problems, LLC) may push Updates to your computer or electronic device and install such Updates automatically, with or without notice. ADDRESSED TO YOU (Solve Hard Problems, LLC) may also include Updates and in-product messaging in any transmission or installation programs you may have requested. If you fail to download and install or fail to allow automatic download and installation of a required Update within the timeframe required by ADDRESSED TO YOU (Solve Hard Problems, LLC), ADDRESSED TO YOU (Solve Hard Problems, LLC) and if necessary may immediately terminate your Subscription and your license to use the Software and may, if necessary, terminate your access to the Software, Services, Platform, and any paid add-on services accessible within the Software. Additionally, when applicable, certain product Updates may require you to uninstall and reinstall the software to continue your access to the Software and your eligibility to receive all future updates, including critical updates.
6.2. Software and Paid Add-On Service Availability. In exchange for your continued payment of all required fees and your compliance with this Agreement, including any changes or modification to this Agreement made by ADDRESSED TO YOU (Solve Hard Problems, LLC) as described herein, you shall have access to the Software, Subscription, and any paid add-on service(s) until or unless ADDRESSED TO YOU (Solve Hard Problems LLC):
(a) discontinues the Software or paid add-on service(s);
(b) terminates your Subscription;
(c) terminates your paid add-on service; or
(d) declines to provide or offer you a renewal or with the continued ability to access or use the Software or a paid add-on service after your respective then-current Software Subscription or paid add-on service subscription period(s).
6.2.1 Active Software Subscription Required for Updates, any Upgrades (if made available), Services and Use of Any Paid Add-on Services. You must maintain an active Subscription to the Software in order to access and use Services, any paid add-on services, or other connected services. Software licensed on a Subscription basis is eligible for applicable Updates and any Upgrades, if or when available by ADDRESSED TO YOU (Solve Hard Problems, LLC) only during the active Subscription period.
6.2.1.1. If you obtained a Subscription for the Software that includes Updates or Upgrades (if made available) of the Software, you agree that ADDRESSED TO YOU (Solve Hard Problems, LLC) may require you to install such Updates or Upgrades of the Software in order to continue your Subscription. You agree to accept and install all such Updates or Upgrades, and allow us/them to automatically download and install, within any time period specified by ADDRESSED TO YOU (Solve Hard Problems, LLC). You understand and agree that if you do not allow the download and installation of such Updates or Upgrades within the specified time period ADDRESSED TO YOU (Solve Hard Problems, LLC) may provide you a final notification that accepting such Update or Upgrade is required and that failure to install such Update or Upgrade will result in termination of your Subscription. If you do not then make such Update or Upgrade within an additional specified time period after the date of issuance of ADDRESSED TO YOU (Solve Hard Problems, LLC)’s final notification then ADDRESSED TO YOU (Solve Hard Problems, LLC), at its sole discretion, may immediately terminate: (i) your Subscription, (ii) your continued access to and use of the Software, including but not limited to remotely disabling the Software installed on your computer(s) and any electronic device(s); and (iii) all other Subscription benefits and Services, as well as any paid add-on services, and any payments and, at its discretion, may refund any unused or prorated balance of your Subscription or other service fees, though we reserve the right to prohibit any refunds, depending on the product and at our discretion.
6.2.1.2. If you are entitled to receive an Update or Upgrade (if available) under an active qualifying Subscription, you may be required to accept changes to this Agreement, including different or additional software license terms and conditions, as provided by ADDRESSED TO YOU (Solve Hard Problems, LLC). If you do not agree to any such new license or Subscription terms and conditions, you may cancel your Subscription. Additionally, if you have purchased a Subscription that includes support, or if you have subscribed to a separate support plan, you will also be entitled to receive available support-related Services as described in Section 8 below. If the term of your Software, Services, or other Subscription expires or is terminated for any reason, you will no longer be authorized to receive or install such Updates and you will no longer be entitled to receive any Upgrades, if or when available.
6.2.2. ADDRESSED TO YOU (Solve Hard Problems, LLC), any and all Addressed to You versions including but not limited to Subscription versions. During your active Subscription term, depending on which Subscription package you purchased, you are entitled to the applicable Addressed to You Software, Subscription Service, Updates, and any Upgrades (if or when available) to the Software. When your Subscription terminates or lapses, you will lose your license to use the Software. Though you will no longer have access to the Software and all related Services, you may, and we encourage you to retain your data file stored on your device. This is advisable so you will have a back-up of any personal files that are important to you that you wish to retain. Upon any reactivation of your Subscription or with the purchase of a new compatible Subscription to the Software, you may regain full access to your data file which we will attempt to retain for you at our sole convenience and discretion for one (1) year following the discontinuation of your account unless fraudulent, unsavory, or unlawful activity has taken place regarding your account and associated data files, though we do this for your convenience and at our discretion and have no obligation to save your data files for any period of time and may choose not to do so if we see fit and/or deem appropriate. ADDRESSED TO YOU (Solve Hard Problems, LLC) may opt to provide you with read-only access to your data file(s) after termination or expiration of your Subscription, at ADDRESSED TO YOU (Solve Hard Problems, LLC)'s sole discretion.
6.2.3. ADDRESSED TO YOU (Solve Hard Problems, LLC) Software and Subscription Services. If you are a ADDRESSED TO YOU (Solve Hard Problems, LLC) customer, depending on which offer you choose, you are entitled during the term of your Subscription to the applicable ADDRESSED TO YOU (Solve Hard Problems, LLC), Addressed to You Software, Updates, and any Upgrades to the Software, if or when made available, and subject to chosen package and to the discontinuation terms set forth in this Agreement, including but not limited to those set forth in section 9. When your Subscription terminates or lapses, you will no longer have access to or be entitled to use any Updates, Upgrades (if published), Services, paid add-on services, or other connected services with the Software.
6.2.4. Compatibility. All services interoperate only with compatible, supported versions of the Software and Subscription Service; so, from time to time you may need to install Software Updates (or allow ADDRESSED TO YOU (Solve Hard Problems, LLC) to install them electronically) or purchase and install any Software Upgrades, when-and-if available from ADDRESSED TO YOU (Solve Hard Problems, LLC), to be able to continue using the applicable service or services.
7. DELIVERY OF SOFTWARE ELECTRONICALLY
The 2024 and newer Software will be delivered only electronically, and ADDRESSED TO YOU (Solve Hard Problems, LLC), shall not offer or provide copies of the Software via physical media (e.g., optical disks). Any Software, mobile apps or related Applications that are available to you and delivered by electronic transmission will be deemed delivered on the date that ADDRESSED TO YOU (Solve Hard Problems, LLC) makes such program(s) available for download or for use on our Website. It is your sole responsibility to establish and maintain in good working order adequate internet access and a current, working email address, and device communications accessibility, in order to receive access to the Software, Subscription, or related Services, any paid add-on services, if applicable, as well as to maintain and secure the computer or electronic device via which you will access or use any of these.
8. HELP AND SUPPORT
8.1. Support Services. Support Services are technical assistance and customer service provided by ADDRESSED TO YOU (Solve Hard Problems, LLC) in connection with Software, Services, or Subscriptions using various means, including in-product, internet, chat, AI/Machine learning response, e-mail, and telephone, some of which may require payment of additional fee(s). The terms and conditions governing the offering or provision of support Services are subject to change as may be announced by ADDRESSED TO YOU (Solve Hard Problems, LLC) from time to time. By using ADDRESSED TO YOU (Solve Hard Problems, LLC) support Services, you authorize ADDRESSED TO YOU (Solve Hard Problems, LLC) to collect certain company data files, identity, account, and technical information in order to provide you with a better customer support experience.
8.2. Support Services Fees. Only subscribers with active, paid accounts in good standing may have access to the support Services we make available to our Customers. Some specified Subscriptions may have additional support which may require an additional fee or paid support plan. While all ADDRESSED TO YOU (Solve Hard Problems, LLC) Software may include some element of support, if your particular Subscription plan does not include some form of extended or advanced support, you may have to pay a fee to access the additional support Services. Availability and access to all Services, including Support Services for the Software, is subject to the then-current ADDRESSED TO YOU (Solve Hard Problems, LLC) discontinuation policies applicable to your particular Software version. We may choose, at our convenience and sole discretion, to offer some level of support service to those who are not subscribers (e.g. visitors to the site, trial version users, etc.), but we are not obligated to do so.
9. DISCONTINUATION POLICY AND END OF SOFTWARE SUPPORT
9.1. Discontinuation Policy; Software Support End-Date; Non-Supported System Requirements, Services, or Software
9.1.1. Discontinuation Policy (Software End-of-Life). The ADDRESSED TO YOU (Solve Hard Problems, LLC) Software and Subscription service is subject to ADDRESSED TO YOU (Solve Hard Problems, LLC)’s discontinuation policies then in effect and ADDRESSED TO YOU (Solve Hard Problems, LLC) reserves the right to discontinue the Software, all support for the Software, and/or all access to and use of any Services, add-on paid services, features, online tools, Third-Party Applications or other services or content accessible through the Software in accordance with ADDRESSED TO YOU (Solve Hard Problems, LLC)’s then-current discontinuation policies or in connection with required Updates or Upgrades of the Software as part of a Subscription plan. If the Software offers Services that require a connection to a ADDRESSED TO YOU (Solve Hard Problems, LLC) server (including internet-based Services), such as downloading data from a participating third-party service, server or provider, such Services will expire and will cease to be available in accordance with ADDRESSED TO YOU (Solve Hard Problems, LLC)’s current discontinuation policy or in connection with required Updates or Upgrades (if made available to you) of the Software as part of a Subscription plan. Once an ADDRESSED TO YOU (Solve Hard Problems, LLC)’s Software version or its support is discontinued, no Services, replacement download copies of the Software or future support, Upgrades or Updates, Website access and availability, will be provided or made available by ADDRESSED TO YOU (Solve Hard Problems, LLC), for that particular Software version and/or Subscription Service. You understand and acknowledge that discontinued Software versions (i.e., Software versions for which Services, support and Updates are no longer provided) may in the future be vulnerable to crashes, failures to operate correctly, security risks, incompatibility issues, and other un-patched issues, and that ADDRESSED TO YOU (Solve Hard Problems, LLC) is not responsible for your continued use of such Software after Discontinuation.
9.1.2. ADDRESSED TO YOU (Solve Hard Problems, LLC) Software Support Discontinuation or End-Date.
Subject to ADDRESSED TO YOU (Solve Hard Problems, LLC)’s discontinuation policies or any Subscription terms ADDRESSED TO YOU (Solve Hard Problems, LLC) may provide you which require you to Update or Upgrade the Software in order to continue use and support, ADDRESSED TO YOU (Solve Hard Problems, LLC) may provide support, as applicable, for ADDRESSED TO YOU Software until the earlier of:
(a) the date your current-term Subscription expires (including if you fail to renew or decide not to renew);
(b) the date on which you must update or upgrade the Software due to a required Subscription plan Update or Upgrade of the Software, as required by ADDRESSED TO YOU (Solve Hard Problems, LLC); or
(c) the date on which ADDRESSED TO YOU (Solve Hard Problems, LLC) discontinues the Software and no longer offers Subscription renewals.
9.1.3. Non-Supported Operating Systems, Changes in System Requirements, System requirements and operating environments for use of the Software as designed, including currently supported operating systems, database engines, browsers, printer hardware/software, and other technical components and our responsibility or lack thereof, are mentioned below:
Notwithstanding anything above to the contrary, ADDRESSED TO YOU (Solve Hard Problems, LLC) will not provide (and is not in any way liable to you for) Software support for Services, software, or system requirements or operating environments, including any operating system, database server or browser version, printer hardware/software, or other technical component, that is unsupported by its originating third-party provider. In the event that any currently supported Services, software, printer hardware/software, system requirement or operating environment, or other technical component is discontinued or no longer supported by its provider, ADDRESSED TO YOU (Solve Hard Problems, LLC) will likewise discontinue its Software support for that particular Service, software, printer hardware/software, system requirement, operating environment or system, database server or browser version, or other technical component. A required Update or Upgrade of the Software may require you to update, upgrade or otherwise change your operating system software and/or your computer hardware and you agree to make such updates, upgrades, or changes at your own expense.
10. TERMINATION
10.1. General. The Software may, at our sole discretion, be disabled on your computer(s) and/or electronic device(s) and unable to be installed, and Support for the Software may be discontinued or terminated, at our sole discretion, as well as your access to and use of any Services, Website, or paid add-on services, when your Software Subscription is terminated or expires, or when ADDRESSED TO YOU (Solve Hard Problems, LLC) decides to discontinue the Software or the Subscription Service. Your rights to use the Software, including your access to and use of any Services, Website, or Subscription, or any paid add-on service, may be terminated by ADDRESSED TO YOU (Solve Hard Problems, LLC) immediately and without notice in accordance with the termination provisions of this Agreement, including if at any time you fail to pay any required fees or fail to comply with any other term or condition of this Agreement.
10.2. Your rights to access and use any ADDRESSED TO YOU (Solve Hard Problems, LLC) services subscription may be terminated if ADDRESSED TO YOU (Solve Hard Problems, LLC) is unable to debit your payment method in accordance with this Agreement. ADDRESSED TO YOU (Solve Hard Problems, LLC) will not provide refunds for any services.
10.3. ADDRESSED TO YOU (Solve Hard Problems, LLC) has the right to change or add to the terms or conditions of any Software, Subscription Service for ADDRESSED TO YOU (Solve Hard Problems, LLC), Service subscription or Software Subscription Plan at any time (provided that it is not ADDRESSED TO YOU (Solve Hard Problems, LLC)’s intent that such change substantially affect the license or service subscription rights granted to you during your then-current subscription period or term and for which consideration was already paid by you), and to change the method of delivering or accessing the service and/or the fees associated with the service, and to change, delete, discontinue or impose conditions on any feature or aspect of the service. In this event you will receive notice of such a change, typically via email or on the ADDRESSED TO YOU (Solve Hard Problems, LLC) Website. For the latest version of the terms or conditions of the applicable service, see terms and conditions on the website. Notwithstanding the above, ADDRESSED TO YOU (Solve Hard Problems, LLC) reserves the right to cease offering you continued access to and use of Software or Subscription services and any other Services, including, but not limited to Website access, beyond the term of your current Software Subscription period or other paid add-on service subscription term or period.
10.4. In addition to termination of your rights as described above, you understand that if you subscribe and use any service for any fraudulent, unlawful, or unsavory activity, ADDRESSED TO YOU (Solve Hard Problems, LLC) will share your name and other information we collect with law enforcement or other applicable authorities for the purpose of curtailing such activity or activities.
10.5. ADDRESSED TO YOU (Solve Hard Problems, LLC) has the right to change or add to the terms or conditions of any of its offerings at any time or to discontinue your use of such offerings or services via the Software or Subscription Service, including, but not limited to Website access, (provided that it is not ADDRESSED TO YOU (Solve Hard Problems, LLC)’s intent that such change substantially affect the license or service subscription rights granted to you during your then-current subscription period or term and for which consideration was already paid by you), and to change the method of delivering or accessing any service and/or the fee(s) associated therewith, and to change, delete, discontinue or impose conditions on any service or any feature or aspect of any Software or Subscription service.
10.6. Payment Service. Your access to and use of any services that pertain to our Software or Subscriptions Services may be terminated by ADDRESSED TO YOU (Solve Hard Problems, LLC) in accordance with the termination provisions of this Agreement. If you terminate any services or payment for any services to be rendered or already rendered, we have no obligation to refund any portion of your payment regardless of the time remaining on your subscription.
11. ADDRESSED TO YOU (Solve Hard Problems, LLC)'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDIES. SECTION A.8., A.26.-A-29., AND SECTION B.9 AND B.10 OF THIS AGREEMENT SET FORTH ADDRESSED TO YOU (Solve Hard Problems, LLC)’s SOLE AND ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDIES IN THE EVENT OF YOUR DISSATISFACTION WITH THE SUBSCRIPTION, THE SOFTWARE, OR APPLICABLE SETUP SERVICE, UPDATE SERVICE, TECHNICAL SUPPORT/SUPPORT SERVICE PROVIDED AS PART OF OR IN CONNECTION WITH THE SUBSCRIPTION OR THE SOFTWARE.
12. NO ADVICE; NO INTERNET ACCESS. ADDRESSED TO YOU (Solve Hard Problems, LLC) does not give professional advice. Neither the Software, nor any Services nor any paid add-on services provided or made available to you by ADDRESSED TO YOU (Solve Hard Problems, LLC) or otherwise accessible for your use in, through or in connection with the Software furnishes or constitutes legal or professional services or advice. Further, neither the Software, Subscription, Services, Website, or paid add-on services include or facilitate access to the internet. You must provide your own access to the internet at your own expense.
13. HEALTH INFORMATION AND PRIVACY. If you intend to use the Software, related Services, paid add-on services or content in conjunction with the medical or health information of particular individuals, you acknowledge and agree that ADDRESSED TO YOU (Solve Hard Problems, LLC) makes no representations or warranties of any kind with respect to HIPAA compliance, that none of the Software or other offerings (products or services) provided by ADDRESSED TO YOU (Solve Hard Problems, LLC) under this Agreement are HIPAA-ready or HIPAA-compliant, that the Software or other offerings (products or services) provided by ADDRESSED TO YOU (Solve Hard Problems, LLC) under this Agreement will not assist with or ensure compliance with HIPAA, and that you are solely responsible for using the Software, related Services, paid add-on services and content in a manner consistent with all applicable federal and state privacy laws relating to medical or health information.
© 2024 ADDRESSED TO YOU (Solve Hard Problems, LLC). All rights reserved.
For any questions or queries about these Terms or the Platform in general, please do not hesitate to contact us at the following e-mail address: [email protected].
You may also contact us by U.S. mail at:
ADDRESSED TO YOU (Solve Hard Problems, LLC)
P.O. Box 26613
Greenville, SC 29616