The following terms govern your use of LarrytheLabrador.com.
This Website is owned and operated by Optimize Promote Web Sites, LLC Inc., ("OPWS" or "us" or "we"). This User Agreement (the "User Agreement") is a contract between you and OPWS and applies to all users of this Website. In this User Agreement "you" or "your" means any person or entity using this Website, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the "Age of Majority"), "you" or "your" shall also include such person's parent or legal guardian. Unless otherwise stated, "OPWS", "we" or "our" refers to Optimize Promote Web Sites, LLC and its successors and assigns.
Users of any age may access the Website, but in compliance with the Children's Online Privacy Protection Act, we will purge any information we receive from people we believe to be children less than 13 years of age from our database and cancel the corresponding accounts unless we have permission from that user's parent or guardian approving the collection of that user's information and such user's registration on the Website where registration is required. If you register on the Website, you represent and certify that you have the legal capacity and authority to do so, and that your registration and use of the Website will not violate any law or regulation.
READ THIS USER AGREEMENT CAREFULLY. IF YOU ARE UNDER 18 YEARS OF AGE, MAKE SURE THAT YOUR PARENT OR LEGAL GUARDIAN READS AND AGREES WITH THIS AGREEMENT ON YOUR BEHALF. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT BY CLICKING THE "I ACCEPT" BUTTON BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE AND SHOULD EXIT THIS WEBSITE NOW.
We may amend or supplement this User Agreement at any time and for any reason. Please check this User Agreement each time you access and use this Website so that you will understand the terms applicable to your access and use of this Website. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on our Website. By continuing to use the Website after we have posted modifications or amendments to the User Agreement, you consent to such amendments and/or modifications. If you do not consent to any such modifications or amendments, you may not continue to access or use the Website.
Any other posted guidelines or rules applicable to any individual use of this Website will also form part of this User Agreement, and by using the Website you agree to abide by all such other guidelines and rules.
LINKS TO OTHER WEBSITES
This Website may include links to other websites owned and/or operated by OPWS. Such sites are not part of this Website, and each has its own user agreement that you must agree to in order to use that website.
This Website may also include links to websites of unaffiliated third parties. Third-party sites are not the responsibility of OPWS and we do not warrant or guarantee the accuracy, quality or appropriateness of any such website or any content contained on such website. Each third party website is governed by its own policies and agreements, including policies regarding the collection and use of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our other websites or any third party websites to whom we provide links. OPWS takes no responsibility for your use of any such site and shall not have any liability for events arising from your use of such third party or other websites. OPWS ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THIS WEBSITE, INCLUDING ANY MATERIAL THAT MAY BE ACCESSED THROUGH LINKS FROM THIS WEBSITE.
REGISTRATION AND YOUR USERNAME AND PASSWORD
IT IS IMPORTANT THAT YOU REMEMBER YOUR USERNAME AND PASSWORD AND THAT YOU KEEP YOUR USERNAME AND PASSWORD IN A SAFE PLACE OFFLINE AND THAT YOU DO NOT SHARE YOUR USERNAME AND PASSWORD WITH ANYONE.
We will use your username and password to identify you when you return to our Website. If you forget your username or password you may not be able to access certain portions of the Website. You are responsible for maintaining the confidentiality of your username and password, and for all activities using the Website that occur when a user is logged into the Website under your username and password. You agree to: (i) immediately notify OPWS of any unauthorized use of username and password or any other breach of security, and (ii) ensure that you log out of the Website at the end of each session. OPWS will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or be required to change your password from time to time. Your username and password combination is not transferable.
We reserve the right to restrict, suspend, or terminate access to the Website for any username and password combination (each, an "Account") because of inactivity under that Account , fraudulent activity under that Account, or any other reason we deem appropriate in our discretion. If you have any questions about your access to the Website, please submit them by completing the form at http://www.larrythelabrador.com/contact.asp.
You acknowledge and agree that all communications and documents between you and OPWS with respect to your use of this Website may take place electronically and that all such electronic notices, agreements, and other communications from OPWS shall be the legal equivalent of written communications. It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to our customers or web site users, via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on this Website, as we may determine in our sole discretion. Notwithstanding the foregoing, we reserve the right to determine the form and means of providing notifications and communications to our customers or website users. You may also reach a representative by calling 917-751-2804.
OWNERSHIP OF INTELLECTUAL PROPERTY
All products, services, content, information displayed, performed or otherwise accessible through this Website, including, without limitation, user submitted materials, digital images, software including all derivative works, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the "OPWS Materials") are the property of OPWS, its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, "Licensors"), and are protected by the copyright, trademark, patent, and other intellectual property laws of the United States and other jurisdictions as may be applicable. Without limiting the generality of any other provisions of this User Agreement, the use of any OPWS Materials on any other website or networked computer environment is prohibited.
This User Agreement grants to you a limited license to access and use this Website and its content for your personal, non-commercial use so long as any display of any OPWS Materials shall be in their entirety including any adjoining or embedded advertisements or other visual elements. Any attempts to otherwise access or display the OPWS Materials is a violation of the license granted hereunder. Except as expressly provided herein, you agree that no portion of this Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any purpose, and nothing contained in this User Agreement shall be deemed or construed to confer any other right in or title to this Website and/or the OPWS Materials, in whole or in part. You may not make any modifications to any OPWS Materials other than as expressly permitted by us or the applicable Licensor.
You are responsible for maintaining any equipment and software necessary for the correct functioning of the Website for your personal access to the Website. To fully experience this Website, you will need a minimum of high-speed Internet service, monitor resolution of 1024X768, and at least one of the following minimum supported browsers: For Windows: Internet Explorer 6, Netscape 7.2, Firefox 1.0, AOL Explorer 1.5; For Macintosh: Safari 1.2.3, Internet Explorer 5.2.3., Firefox 1.5. These requirements may change and such changes will be posted on this Website.
Notwithstanding the above, you are responsible for all User Content posted by you, and OPWS does not and shall not have any responsibility for any User Content. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide through the Website or otherwise to us. OPWS does not and cannot review every submission by users and is not responsible for, nor does it endorse or guarantee the accuracy and appropriateness of the content of such submissions. OPWS retains the right, but has no obligation, to review, edit or delete any User Content that OPWS deems to be illegal, offensive, or otherwise inappropriate.
CONTESTS AND PROMOTIONS
From time to time, we may run contests or promotions from the Website. We will provide the rules for any such contests and promotions when they are made available on this Website. In order to participate in the contest or promotion, you will be required to agree to the posted rules and regulations applicable to such contest or promotion.
HAPPY KID GUARANTEE
If for any reason you are completely dissatisfied with 5 Letters from Larry the Labrador you may request, after 30 days and within 90 days of your purchase, a complete refund. The request must be placed buy completing the form availalbe at http://www.larrythelabrador.com/contact.asp and must: 1) Include your Order ID; 2) Include the email address used at the time of your order; 3) Include the reason you are completely dissatisfied with 5 Letters from Larry the Labrador; 4) Explicitly state that you are requesting a refund.
RESTRICTIONS ON USE
We provide the Website to you and intend the Website to be used in a safe and enjoyable manner. You are responsible for the content of any material you enter on this Website. Users of this Website must not: use this Website in such a way as to offend or interfere with the use by anyone else of this Website; sell, trade or barter any items through this Website; upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using this Website that (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds or are a solicitation for goods or services; or (viii) are treated as confidential under any contract or policy; reveal personal information to other users online; attempt to circumvent the security systems of this Website; attempt to gain access to or use this Website in a fraudulent manner; attempt to gain access to any other user's Accounts; attempt to ascertain any other user's password and/or personal information by any means whatsoever, including without limitation, by use of this Website or any other website, or by e-mail communication; attempt to harvest or otherwise collect information about other users without their consent; attempt to use this Website for any purposes other than the purposes intended by OPWS; or upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
Moreover, you agree that you will not (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of this Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of this Website or the OPWS Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of this Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to this Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of OPWS or its licensors; (viii) use any meta tags or any other "hidden text" utilizing the trademarks, logos, trade names or content of OPWS or its licensors; (ix) redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render any code related to or used in this Website to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
OPWS believes in preventing and deterring unauthorized infringement of copyrighted materials. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement or that there is infringing material available through the Website, please notify our copyright agent as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
A. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; B. Identification of the copyrighted work that you claim has been infringed; C. Identification of the material that is claimed to be infringing and where it is located on the Website; D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address; E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and F. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
Optimize Promote Web Sites, LLC
35-22 29th Street
Long Island City, NY 11106
YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND THE OPWS MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT WE DO NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY OF THE WEBSITE OR ANY MATERIAL OR CONTENT, OR FOR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. WE ASSUME NO RESPONSIBILITY FOR THE ACCURACY, AUTHENTICITY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH OPWS'S CUSTOMER SERVICE DEPARTMENT OR A OPWS REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THIS USER AGREEMENT SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES.
WE MAKE NO WARRANTY THAT (I) THE WEBSITE AND/OR THE OPWS MATERIALS WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE AND THE OPWS MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE QUALITY OF ANY PRODUCTS, THE WEBSITE OR THE OPWS MATERIALS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE SOFTWARE UNDERLYING THE WEBSITE AND THE OPWS MATERIALS OR IN THE WEBSITE OR THE OPWS MATERIALS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE AND/OR THE OPWS MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL THE LICENSORS BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ANY OF THE OPWS MATERIALS OR LINKED CONTENT, EVEN IF THE LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, OPWS IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED US $100.00.
By accepting this User Agreement and using the Website, you agree to indemnify and otherwise hold harmless the Licensors, including but not limited to OPWS, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Website and/or the OPWS Materials; ii) unauthorized access to or alteration of your communications with or through the Website and/or the OPWS Materials, or iii) any other matter relating to the the Website and/or the OPWS Materials. Any business transactions which may arise between users from their use of the Website and/or the OPWS Materials are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.
The Website is offered by OPWS from the United States of America. We make no representations that the Website is appropriate or available for use in other countries. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
This User Agreement and our Privacy l/oPolicy contain the entire understanding between you and OPWS in connection with your access and use of this Website and supersede all prior agreements, understandings, negotiations or discussions, whether oral or written, between you and OPWS with respect to your access and use of this Website. If any provision of this User Agreement is found to be illegal, void or unenforceable, then such provision shall fall out and the remaining terms, provisions, covenants and restrictions of this User Agreement will remain in full force and effect. The relationship between you and OPWS and/or any other Licensor is that of independent contractors and nothing herein shall be deemed or construed to create any other type of relationship. This User Agreement may not be assigned by you.
Effective Date: May 15, 2012
"5 Letters from Larry the Labrador is a uniquely engaging educational gift. Kids learn geography and social studies and get excited to read. They're great for 6 to 10 year olds. My kids love em!"
- Beth W., Elementary School Teacher, California
"When I told my 6 year old daughter there was mail for her, she enthusiastically smiled and wanted to read it right away.
We snuggled into the couch and I helped her read the Mount Rushmore letter. She thought Larry was super cute and followed the story in the letter intently. When we got to the end and she learned that we could go online for some more, she asked, 'Can we go online now?'
We logged on using our Super-Secret-Password from the letter, clicked through the slide show and did all the beginner activities. After I showed her how to do the first one she did the rest on her own.
The next day while we were at breakfast she looked at the lump of grape jelly on her plate and said it looked like Mount Rushmore.
She can't wait to get her next letter from Larry to learn about his other adventures. I love it!"
- Annette R., Social Worker, New York
"My seven year old daughter was pumped up when she find out there was mail for her."
- Russ Lande, NFL Analyst, New Jersey
"The letters are SOOOOO funny!
- Jessie, Age 8, New York
"Can we go online now?"
- Emily, Age 6, New York
"My eight year old daughter LOVES her letters!"
- Dina K., M.D., New York
Happy Kid Guarantee
Try everything 100% risk free.
If 5 Letters from Larry the Labrador doesn't make at least one kid in your household happy we'll refund 100% of the cost of the gift.