DESCRIPTION OF MAILING ONLINE
The Click2Mail Mailing Online (MOL) service (formerly NetPost Mailing Online) has been designed and developed to meet the needs of postal mailers through a Web interface. It allows small volume mailings to be quickly and easily created entirely online and then submitted to be printed and mailed by Click2mail.
When you visit the Site or send e-mails to us, you are communicating with us electronically and by doing so you consent to receive related communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. We may amend this Agreement without notice to you by posting the changes on the Site and these changes will be effective when posted. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
This Site is available only to persons over the age of 18 who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Site or order product or services from Click2Mail. We may refuse any or all of our services to anyone at any time, in our sole discretion.
LICENSE AND SITE ACCESS
Click2Mail grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited right to license, to access the Site and it to create, print and have placed in the United States Mail or with other delivery providers based upon the intended destination of such printed materials ("Printed Material") in accordance with the terms of this Agreement. Any rights not expressly granted to you by this Agreement are reserved to Click2Mail.
The Site and any software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Any and all intellectual property rights ("Intellectual Property") associated with the Site and its contents are the sole property of Click2Mail, its affiliates or third parties. The Site is protected by copyright and other laws in both the United States and other countries. In addition the Site is presented with a distinctive "look and feel," and this "look and feel" is the proprietary property of Click2Mail. All custom graphics, icons, and other items that appear on the Site are trademarks, service marks or trade dress ("Marks") of Click2Mail, its affiliates or other entities that have granted Click2Mail the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Click2Mail. Except as otherwise expressly authorized by this Agreement, you may not use, copy, reproduce, modify, lease, loan, sell, reverse assemble or otherwise attempt to discover any source code, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Site in any way without Click2Mail's or the appropriate third party's prior written permission. Except as expressly provided herein, Click2Mail does not grant to you any express or implied rights to Click2Mail's or any third party's Intellectual Property.
USE OF SITE
Click2Mail will not read or disclose to third parties private postal or electronic communications that are transmitted using Click2Mail services except as required to operate the service or as otherwise authorized by law.
RETURN ADDRESS ON PRINTED MATERIAL
We consider your mailing lists and documents to be your private information. All document and list files you submit will be used solely for the production of your mailings. Electronic information submitted by you is securely stored only for the time specified in our Terms of Service after such time data is purged from our system.
COMPLIANCE WITH LAWS
When you use the Site in any way, such as creating, printing and mailing Printed Material, you will comply at all times with all applicable United States Federal, state and local laws, statutes, regulations, rulings and ordinances and will not take any action that harms or violates the rights of any person or entity. If you mail Printed Material outside the United States, you will comply with the laws of the country to which such Printed Material is mailed. Click2Mail and the Site are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export any software or information to countries or persons prohibited under the United States or other applicable export control laws or regulations.
You will indemnify and hold Click2Mail, and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys' fees, due to or arising out of Your Information, your Content, your Printed Material, your use of this Site, the use of this Site by any person who uses this Site while logged on under your user name and password, your default under any provision in this Agreement, your violation of any laws and your violation of any rights of another person.
PAYMENT AND CREDIT
To use Click2Mails services you must provide payment through your debit or credit card, PayPal, promotional voucher, or other means which may be made available by Click2Mail. Click2Mail reserves the right to stop accepting debit or credit cards from one or more issuers. Click2Mail Credit, which is credit purchased by you (or an Administrator of a Business Account) from Click2Mail and allocated to your user Account (Click2Mail Credit) does not guarantee that you will be able to use your Click2Mail Credit balance to purchase all Click2Mail products and services. Certain products and services may have to be paid separately. A credit balance for Click2Mail Credit in your user account expires 180 days after the last chargeable use of that Click2Mail Credit. Credit balances that are not used within this 180 day period will be lost.
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.