Terms of Service
Last updated: April 30, 2025
1. Introduction
Welcome to KiteCourier, a service owned and operated by Gant Street LLC ("Company", "we", "our", or "us"). These Terms of Service ("Terms") govern your access to and use of the KiteCourier website and services, including any content, functionality, and services offered on or through our website (collectively, the "Service").
By accessing or using the Service, you are accepting these Terms, which form a legally binding agreement between you and Gant Street LLC. If you do not agree to these Terms, you must not access or use the Service.
2. Definitions
"User" refers to individuals who access or use our Service.
"Content" includes text, graphics, images, and other materials.
"Mail" refers to physical letters, documents, or packages sent through our platform.
"Certified Mail" refers to mail sent with proof of mailing and delivery through authorized postal services.
3. Service Description
KiteCourier provides a platform for sending physical and certified mail to recipients. The Service utilizes third-party mail delivery providers to fulfill these requests.
We do not guarantee delivery timeframes as these are dependent on third-party postal services. While we make reasonable efforts to ensure timely processing, actual delivery times are outside our direct control.
Third-Party Providers Disclaimer: You acknowledge and agree that we are not responsible for the acts, omissions, or failures of any third-party providers, including payment processors and mail delivery services. Your use of third-party services through our platform is subject to those providers' own terms, conditions, and privacy policies. We make no warranties or representations regarding the quality, accuracy, or reliability of these third-party services.
4. User Obligations
You agree to:
- Provide accurate information when using our Service
- Not use the Service for any unlawful purpose
- Not attempt to interfere with the proper working of the Service
- Not send harassing, threatening, or otherwise illegal content
- Maintain the confidentiality of your account credentials
- Accept responsibility for all activities that occur under your account
- Comply with all applicable local, state, national, and international laws and regulations
5. Payments and Fees
Users agree to pay all fees associated with the services requested. Fees are clearly displayed before purchase and are non-refundable once mail has been processed.
We reserve the right to change our pricing at any time. Any price changes will apply to future services and will be clearly communicated before purchase.
Payment processing is handled by third-party payment processors, and you may be subject to their terms and conditions in addition to ours.
6. Ownership and Intellectual Property
The Service and its original content, features, and functionality are owned by Gant Street LLC and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
You retain ownership of any content you submit through our Service. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, and distribute such content solely for the purpose of providing the Service.
7. User Content and Privacy
You are solely responsible for the content of the messages and mail you send through our Service. Our Privacy Policy, which is incorporated by reference into these Terms, governs our collection and use of your information.
We do not review the content of your mail except as necessary to provide the Service or as required by law. We will maintain appropriate technical and organizational measures to protect your content.
User Representations and Warranties: You represent and warrant that any content you submit through our Service: (a) does not infringe upon the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party; (b) does not violate any applicable local, state, national, or international law or regulation; (c) is not defamatory, libelous, unlawfully threatening, or harassing; and (d) is not obscene or pornographic. You agree to indemnify and hold us harmless from any claims resulting from your breach of these representations and warranties.
8. Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
GANT STREET LLC DOES NOT WARRANT THAT (A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.
9. Limitation of Liability
IN NO EVENT SHALL GANT STREET LLC BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (C) ANY CONTENT OBTAINED FROM THE SERVICE; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT PAID BY YOU TO GANT STREET LLC FOR THE SERVICE GIVING RISE TO THE CLAIM.
Force Majeure: Gant Street LLC shall not be liable for any failure or delay in performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, civil disorder, governmental actions, labor strikes or disruptions, fire, floods, electrical outages, equipment or transmission failures, internet service provider failures or delays, denial of service attacks, or other events that are beyond our reasonable control. If such an event occurs, our obligations under these Terms will be suspended for the duration of the force majeure event.
10. Indemnification
You agree to defend, indemnify, and hold harmless Gant Street LLC and its licensees, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.
11. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service or contact us to request account deletion.
12. Governing Law
These Terms shall be governed by the laws of the state where Gant Street LLC is incorporated, without regard to its conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Service or these Terms shall be instituted in a state or federal court in said state.
You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
13. Dispute Resolution
Any dispute arising from or relating to the subject matter of these Terms shall first be attempted to be resolved through good faith negotiations between the parties. If such dispute cannot be settled through negotiation, it shall be finally settled by arbitration in accordance with the rules of the American Arbitration Association then in effect.
14. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
15. Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
16. Entire Agreement
These Terms, including our Privacy Policy, constitute the entire agreement between you and Gant Street LLC regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
17. Contact Information
If you have any questions about these Terms, please contact us at:
Gant Street LLCEmail: legal@gantstreet.com
Address: 1500 N GRANT ST STE N DENVER, CO 80203