Online privacy concerns focus on the use and protection of customer information which a customer reasonably expects to be kept private."Customer information" is information which can be associated with a specific individual or entity, including, for example, a customer's name, address, telephone number, email address, financial information and information about online activities that are directly linked to the Customer. As is common practice, we collect customer information, such as name, address, telephone number, credit card information and a variety of other information in the course of providing products and services to a customer and billing a customer.
Information collected and stored automatically
During the course of your use of the Click2Mail Web Site and internet services, we automatically track and store certain information about your visit. This information may include the URL that you just came from (whether this URL is on our site or not), which URL you next go to (whether this URL is on our site or not), what browser you are using, and your IP address. We use this information in the normal operation of the Click2Mail Web Site and we may disclose or use this information but only on an aggregated basis. We do not use this information to identify you personally without your express consent. See information regarding cookie usage below.
Collection and Use
Click2Mail has implemented technology and security features and strict policy guidelines to safeguard the privacy of your customer information from unauthorized access or improper use, and we continue to enhance our security procedures as new technology becomes available.
E-mail and Postal Mail Contents
Data Center and Production Center Security
Click2Mail's physical facilities are very secure. Access to our data center and our production areas is granted to select employees only and limited by electronic badge entry. Our data center and all production facilities are also monitored with surveillance cameras.
Click2Mail may also use customer information to investigate and help prevent potentially unlawful activity or activity that threatens the network or otherwise violates our Terms of Service.
Collection of Information by Third Party Sites
Comments or Concerns
You can request a refund for unused Click2Mail Credit at any time, by submitting a support request to Customer Support. Refund requests carried out through other means shall not be eligible for a refund. No refunds shall be given for Click2Mail Credit that is not directly acquired online from Click2Mail (e.g. vouchers or pre-paid cards are not refundable), or to members of a Business Account for Click2Mail Credit paid for by the Administrator. Upon a duly submitted refund request, Click2Mail will refund you the credit balance of your Click2Mail Credit. In the event you terminate your user account(s) as permitted under these Terms of Service or in the event that Click2Mail terminates these Terms of Services without serious cause Click2Mail will refund the balance of Your Click2Mail Credit. All refunds shall be paid to the person who initially purchased the Click2Mail Credit, either through the original payment method used, or any other reasonable payment method to be determined by Click2Mail in its sole discretion. Click2Mail reserves the right to terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, in the event of any abuse by you of these terms relating to refunds.
Click2Mail, in its sole discretion without notice to you, may: (1) terminate your access to the Site or your use of any feature of the Site, (2) remove and discard any of Your Information and your Content stored on the Site, or (3) refuse to mail any Printed Material and (4) terminate the Site, or any feature on the Site. Click2Mail will not be liable to you or any third-party for any suspension or termination of your access to the Site or your Content; except Click2Mail will refund to you any unused or residual amounts which you have paid for but not used in connection with any Printed Material if you are so terminated by sending a check for such amount to your address of record. In the event you do not use your account or any of your Information within one (1) year of the creation of your account, any Information and any Content stored within the Click2Mail System (and the USPS site) may be deleted.
Disclaimer of Warranties
Your use of the Site is at your sole risk. This Site is provided on an "as is" and "as available" basis. Click2Mail disclaims 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. Click2Mail makes no warranty that (1) the Site will meet your requirements, (2) the Site will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the Site will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through this Site will meet your expectations, (5) that any Printed Material will be received by an addressee, and (6) any errors in the Software will be corrected. Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Click2Mail or through or from the Site shall create any warranty not expressly stated in this user agreement.
This Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Click2Mail is not responsible for the availability of any external sites or resources to which we hyperlink ("Linked Sites"), and does not endorse, except where noted otherwise, and is not responsible or liable for any content, advertising, products, or other materials on or available from Linked Sites. Click2Mail will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Sites.
Limitation of Liability
In no event shall Click2Mail be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses even if Click2Mail has been advised of the possibility of such damages), resulting from your use of or inability to use the Site, your purchase of any goods or services, the late delivery or nondelivery of any Printed Material, whether based on warranty, contract, tort or any other legal theory, whether or not Click2Mail has been advised of the possibility of such damages.
With respect to any Printed Material which has a material defect, our liability, and the liability of our printers, suppliers, contractors and vendors, to you or any third parties in any circumstance is limited to the (i) reprinting of such Printed Material or (ii) a refund equal to the lesser of amount paid by you for the defective Printed Material or Five Hundred Dollars ($500).
You acknowledge that neither Click2Mail nor any other third party partner or agent of Click2Mail involved in the provision of the Site (each such third party, a "Third Party Provider") can ensure that the operation of, performance of, and/ or access to the services will be uninterrupted or error-free. Click2Mail will not be obligated to correct, cure, or otherwise remedy any nonconformity or defect in any Printed Material (a) if caused by software or other equipment used by you which has not been provided by Click2Mail; (b) if you have inputted data incorrectly or disregarded any information or advice provided to you by the Site during the creation of your Printed Material; (c) if the Site has been misused or damaged in any respect; or (d) if you have not reported to Click2Mail the existence and nature of any such nonconformity or defect promptly upon discovering it.
Click2Mail does not and cannot control the flow of data to or from the Site, as such flow depends in large part on the performance of computer hardware and Internet services and software provided or controlled by third parties (including you), on the public Internet infrastructure, and on other events beyond the reasonable control of Click2Mail. At times, action or inaction of third parties, hardware/software problems with the public Internet infrastructure or with your computing equipment, or other events beyond the reasonable control of Click2Mail can impair or disrupt your connection to the Site or between the Site and the third party printing companies responsible for any printing or mailing. Save as specified in the foregoing paragraph, Click2Mail will not be liable for any such interruptions in your ability to access the Site or timely send out Printed Material resulting from or related to such services, software, or events. Click2Mail does not and cannot control the actions of the United States Postal Service or the delivery of U. S. Mail. Therefore, Click2Mail cannot be responsible for the actual or timely delivery of any Printed Material after it is delivered to the USPS. Neither the USPS nor Click2Mail will refund any postage costs for any Printed Material not delivered or timely delivered nor shall the USPS or Click2Mail be liable for any costs to redeliver Printed Material which was not originally timely delivered by the USPS. Neither the USPS nor Click2Mail shall be liable for the mailing costs for re-mailing any Printed Material which was materially defective and which you elect, under the warranty set forth above, to have reprinted by Click2Mail. You acknowledge and agree that Click2Mail shall not be responsible for the content of Printed Material or the modification, use or publication of any Printed Material by you or any other participant or third party (other than Click2Mail's agents and subcontractors).
THE SITE AND ITS SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. IN NO EVENT WILL CLICK2MAIL OR ANY THIRD PARTY PROVIDER BE LIABLE TO YOU IN RELATION TO THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF REVENUES OR SAVINGS, LOSS OF DATA OR COSTS OF RECREATING LOST DATA) WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF CLICK2MAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE BEEN HELD TO BE INVALID OR INEFFECTIVE. CLICK2MAIL IS NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, CLICK2MAIL EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, CLICK2MAIL SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE, OR AS THE MANUFACTURER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
Any dispute relating in any way to your visit to the Site or to any Printed Material shall be submitted to confidential, binding arbitration in Arlington, Virginia, except that, to the extent you have in any manner violated or threatened to violate Click2Mail's intellectual property rights, Click2Mail may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Virginia, and you consent to exclusive jurisdiction of and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. You agree that any claim or cause of action arising out of or related to your use of the Site or MOL must be filed within one (1) year after such use.
All provisions of this Agreement which expressly or by implication continue to govern the parties' rights and obligations after termination of use of the Site shall survive notwithstanding completion of any transaction in connection with which the Site is used.
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Click2Mail to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Click2Mail in writing. This Agreement comprises the entire agreement between you and Click2Mail and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Your use of the Site, however, is subject to the additional disclaimers and caveats that may appear throughout the Site.
EU-US and Swiss-US Privacy Shield
Click2Mail has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD, operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://bbbprograms.org/privacy-shield-complaints/ for more information and to file a complaint.
Under certain limited conditions, it may be possible for EU or Swiss individuals to seek redress from the Privacy Shield Panel, a binding arbitration mechanism.
Last updated: 5 December, 2018