SentBySanta™ Terms and Conditions:

Welcome to the SentBySanta™ website (the "Website"). By using or accessing the Website and our "Santa" letter service (the "Service"), you are agreeing to comply with and be bound by the following terms and conditions (the "Agreement"). Please review the following provisions of this Agreement carefully. If you do not agree to all the terms and conditions contained in this Agreement in its entirety, you are not authorized to use this Website or the Service in any manner or form. SentBySanta™ is available solely for adults to purchase "Santa" letters for their family and friends. This Website and Service is not intended for use by children under the age of 18. If you are under the age of 18, you are not authorized to use the SentBySanta™ Website and you must have a parent or legal guardian purchase a letter on your behalf.

By purchasing a "Santa" letter at the Website, you understand and agree that the letter will contain a computer printed signature in the fictitious name "Santa," not by a genuine individual named Santa. Any reference to "Santa" appearing at the Website refers to the fictitious character.

  1. Acceptance of Agreement. You agree to the terms and conditions contained within this Agreement. This Agreement constitutes the entire and only agreement between you and us, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Website and access to the Service. We may amend this Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted at the Website, and you should review this Agreement prior to using the Website and Service. By your continued use of the Website and Service, you hereby agree to all the terms and conditions contained within the Agreement in effect at the time. Therefore, you should regularly check this page for any and all updates and changes.

  2. Purchase. To become a customer ("Customer") and purchase the Service, you must supply detailed information concerning the purchaser, intended recipient and payment information to complete the purchase. You agree to provide accurate, current and complete information about yourself (the "Purchase Data") as prompted by our online purchase form. You also represent that we may rely on your Purchase Data as accurate, current and complete. In addition, we may ask for credit card information or employ some other age verification measure. We will use the information you supply to bill your purchase. SentBySanta™ reserves the right, in its sole discretion, to terminate or cancel a purchase for inaccurate, untrue, deceptive and/or incomplete Purchase Data.


  3. The Service. Upon purchasing a "Santa" letter, we will create your personalized letter for mailing to the recipient(s) you indicate on our online purchase form. YOU MUST PLACE YOUR ORDER BY DECEMBER 17, 2020 IN ORDER TO ENSURE THE "SANTA" LETTER WILL BE DELIVERED BY CHRISTMAS TIME. IN ORDER TO HAVE A "SANTA" LETTER WITH A NORTH POLE POSTMARK, YOU MUST SUBMIT YOUR ORDER BY DECEMBER 7, 2020 OTHERWISE, THE "SANTA" LETTER WILL BEAR A REGULAR POSTMARK.


  4. Editing, Deleting and Modification. We reserve the right, in our sole discretion, to edit or delete any documents, information or other content appearing on the Website and Service. In addition, SentBySanta™ reserves the right to alter a customized "Santa" letter and/or refuse to send a "Santa" letter where SentbySanta™ believes, in its sole discretion, that a "Santa" letter is defamatory, threatening, abusive, harassing, vulgar, unlawful, obscene and/or otherwise offensive.


  5. Fees/Termination. You agree to pay for all charges incurred by you to purchase "Santa" letters, via the payment method you supply. SentBySanta™'s costs are provided to you at the Website and/or at the point of purchase, and may change from time to time in SentBySanta™'s sole discretion. These changes are effective when changed at the Website.


  6. Cancellation/Refund Policy. SentBySanta™ will cancel and/or refund your "Santa" letter order if your cancel and/or refund request, sent via e-mail, postal mail or telephone, is received prior to the mailing of your order. HOWEVER, ONCE MAILED, SENTBYSANTA™ DOES NOT ACCEPT AND/OR HONOR CANCELLATION AND/OR REFUND REQUESTS. If your order is not received by the correct recipient, your sole remedy is to permit SentBySanta™ to send a replacement "Santa" letter to the correct recipient.


  7. Content/Conduct. As a Customer, you agree that you are solely responsible for your customization of the "Santa" letter content. You agree to use the Service in a manner consistent with any and all applicable laws, rules and regulations, respecting the rights of the recipient and with the highest regard to the intellectual property rights of SentBySanta™, its licensors and/or third parties.

    You understand and agree that SentBySanta™ will not be responsible for any loss or damage resulting from the mailing of the "Santa" letter.

    Any attempt by any individual, whether or not a Customer, to damage, destroy, tamper with or vandalize this Website and/or Service, or any portion therein, or otherwise interfere with the operation of the Website and/or Service, is a violation of criminal and civil law and SentBySanta™ will diligently pursue all remedies in this regard against any offending individual or entity to the fullest extent permissible by law.

  8. Use of Your Information. We reserve the right, and you authorize us, to use and assign all information regarding your Website and Service use, and any and all other personal information provided by you, in any manner consistent with our Privacy Policy, as amended from time to time, which is hereby made a part of this Agreement. We may monitor your Website and Service usage and use this information as required by any law, regulation or court order.

  9. License Grant. You are granted a nonexclusive, nontransferable, revocable and limited license to access and use the Website, the Service and associated content in accordance with this Agreement. SentBySanta™ may terminate this license at any time for any reason.

    You may use the Website and/or Service on one computer for your own personal, non-commercial use. No part of the Website and/or Service may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website and/or Service, its associated content, or any portion thereof. SentBySanta™ reserves any rights not explicitly granted in this Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website and/or Service. You may not take any action that imposes an unreasonable or disproportionately large load on the SentBySanta™ infrastructure. Your right to use the Website and/or Service is not transferable.

  10. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website and Service are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Website and/or Service is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed, accessed and/or obtained at or through the Website and/or Service. The posting of information or material at the Website does not constitute a waiver of any right in such information and materials by SentBySanta™.

  11. External Links. The Website may provide, links to other Internet websites and/or resources. Because SentBySanta™ has no control over such websites and/or resources, you hereby acknowledge and agree that SentBySanta™ is not responsible for the availability of such third party websites and/or resources. Furthermore, SentBySanta™ does not endorse, and is not responsible or liable for, any content, advertising, products and/or other materials at or available from such third party websites or resources, or for any possible damages and/or losses arising therefrom.

  12. Indemnification. You agree to indemnify, defend and hold harmless SentBySanta™, its parents, affiliates, officers, directors, employees, agents, shareholders, licensors, suppliers and attorneys (collectively, "Affiliated Parties") from any and all against all losses, expenses, damages and costs, including reasonable attorneys' fees, in-house counsel time and settlement costs, resulting from any violation of this Agreement and/or your use of the Website and/or Service. The provisions of this paragraph are for the benefit of SentBySanta™ and its Affiliated Parties. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

  13. WARRANTIES/LIMITATION OF LIABILITY. THE WEBSITE, SERVICE AND "SANTA" LETTERS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE WEBSITE, SERVICE AND "SANTA LETTERS" MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, SERVICE OR A "SANTA LETTER." IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND/OR OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE WEBSITE, THE SERVICE AND "SANTA" LETTERS EACH WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

    UNDER NO CIRCUMSTANCES WILL WE AND/OR OUR AFFILIATED PARTIES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE MAILING OR CONTENT OF ANY "SANTA" LETTERS. WE CANNOT GUARANTEE, AND DO NOT PROMISE, ANY SPECIFIC RESULTS FROM USE OF THE WEBSITE AND/OR SERVICE. WE AND/OR OUR AFFILIATED PARTIES ARE NOT RESPONSIBLE FOR ANY PROBLEMS WITH THE UNITED STATES POSTAL SERVICE INCLUDING, WITHOUT LIMITATION, THE FAILURE OF A RECIPIENT TO RECEIVE A "SANTA" LETTER BY CHRISTMAS AND/OR RECEIVING A "SANTA" LETTER WITHOUT A NORTH POLE POSTMARK.

    OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE THAT YOU HAVE PAID FOR THE SERVICE. NOTWITHSTANDING THE FOREGOING, WE AND/OR OUR AFFILIATED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY SERVICES, GOODS OR INFORMATION AVAILABLE FROM THIRD PARTIES, EVEN IF OBTAINED AT OR THROUGH THE WEBSITE OR SERVICE.

  14. Jurisdictional Issues.

    SentBySanta.com makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or Services are appropriate or available for use in other locations. Accessing the Website from territories where the Website or any content or functionality of the Website or portion thereof is illegal is expressly prohibited. If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk, and that you are solely responsible for compliance with all applicable laws.

  15. Notice for California Users

    Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

  16. Dispute Resolution/Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding that body of law relating to conflict of laws. The parties agree that any controversy or claim arising out of or relating to this Agreement, or the breach thereof, will be settled by binding arbitration the then current rules and procedures of the American Arbitration Association. You may only bring claims against SentBySanta.com in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not preside over any form of a representative or class proceeding. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in at a mutually agreeable location, but no more than 60 miles from Merrick, NY and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in Merrick, NY. Venue will lie exclusively in New York. For the sake of clarity, nothing in this paragraph shall affect SentBySanta.com’s ability to seek from a court injunctive or equitable relief at any time. If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages. The arbitrator may not consolidate more than one person’s claims, and may not preside over any form of a representative or class proceeding. The arbitration shall be a confidential proceeding, closed to the general public. The arbitration will take place in at a mutually agreeable location, but no more than 60 miles from Merrick, NY, and be conducted in the English language. The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties consent to the jurisdiction of all federal and state courts in NY. Venue will lie exclusively in Merrick, NY. For the sake of clarity, nothing in this paragraph shall affect SentBySanta.com’s ability to seek from a court injunctive or equitable relief at any time. If any arbitration or other proceeding is brought to enforce or interpret this Agreement or matters relating to it, the substantially prevailing party, as determined by the arbitrator's award, will be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages. Other
  17. Other

  18. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

  19. This is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such subject matter.

  20. Neither this Agreement nor any right, obligation, or remedy hereunder is assignable, transferable, delegable, or sub-licensable by you except with SentBySanta.com’s prior written consent, and any attempted assignment, transfer, delegation, or sub-license shall be null and void.

  21. SentBySanta.com’s may assign, transfer, or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion.

  22. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

  23. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This Website is Operated By: SentBySanta.com.

  24. Miscellaneous. You are solely responsible for providing all personal computer and communications equipment necessary to gain access to the Website and Service.

    This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to its conflict of law principles).

    Should a dispute arise concerning the terms and conditions of this Agreement, or the breach of same by any party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in New York City, in accordance with the Commercial Arbitration rules of the American Arbitration Association then in effect. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction.

    Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.

    To the extent that anything in or associated with the Website and Service is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.

    SentBySanta™ does not guarantee continuous, uninterrupted or secure access to the Website and Service. Creation and delivery of "Santa" letters may be interfered with by numerous factors outside of SentBySanta™'s control.

    This Agreement sets forth the entire understanding and agreement between you and SentBySanta™ with respect to the subject matter hereof.

  25. Our Contact Information.

    SentBySanta™
    169 Commack Rd #1049
    Commack NY, 11725

    877-837-7032
    Service@SentbySanta.com