This End User Agreement (the "Agreement") between you and Click2Mail governs your access to and purchase of products and services from Click2Mail (this Agreement uses the terms "Click2Mail" and "the Service" interchangeably and the use of one term shall be considered to encompass the other as well). By establishing an account with a username and password, you agree, on your own behalf and on behalf of any entity which you might represent, to accept and be bound by the terms and conditions of this Agreement. Your use of the Service and any purchase of products or services, now or in the future, indicates your continued acceptance of this Agreement. You agree that the electronic acceptance of this Agreement is intended to have the same force and effect as if this Agreement were physically signed. In addition, when using particular Click2Mail services, you are subject to any posted guidelines or rules applicable to such services. All such guidelines and rules applicable to such services are incorporated by reference into and are subject to this Agreement.
This Agreement shall remain in effect for a period of one year from the establishment of your account and shall continue in effect thereafter until canceled by either party.
This Service 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 Service 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.
Click2Mail grants you a non-exclusive, non-sublicensable, revocable, non-transferable, limited right to access the Service and use it to create, print and have placed in the United States Mail or with other delivery providers, based upon the intended destination, of 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.
Use of Service and Compliance with Laws
You are solely responsible for and assume all liability arising from all use of the Service,
including but not limited to Printed Materials, by you or anyone using your account.
Your use of the Service must comply at all times with all applicable federal, state, and local laws. You may not use the Service in any way that harms or violates the rights of any person or entity.
Click2Mail and the Service are based in the United States. If you mail Printed Material to addresses outside of the United States, you will comply with the laws of the country to which such Printed Material is mailed.
When you visit the Service 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 Service. 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.
Proprietary and Intellectual Rights
The Service and any software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws in both the United States and other countries. Any and all intellectual property rights ("Intellectual Property") associated with the Service and its contents are the sole property of Click2Mail, its affiliates or third parties. In addition, the Service 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 Service are trademarks, service marks or trade dress ("Marks") of Click2Mail, its affiliates or third parties 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 Service 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.
All information, data, text, software, photographs, graphics, messages or other materials
("Content") you upload, post, or create using the Service is solely your responsibility.
The Service is a passive conduit for your online design, creation, printing, and mailing of
your Content. We do not routinely screen or review text or graphics before printing and
mailing Printed Material. You have all liability arising from all Printed Material that you
and any other person using your User ID and password print and mail using the
You represent and warrant to Click2Mail that: (i) you and your authorized users have the full right, power, and authority to perform any function with relation to the Content (including without limitation uploading, posting, reproducing, distributing, publicly displaying and making derivative works from the Content) that you or they perform using Click2Mail's services; and (ii) your use and the use by your authorized users of the Content does not and will not infringe any copyright or right of privacy; violate any statutory or common law right; interfere with any intellectual property or other proprietary rights of any third party; contain any matter that is libelous or otherwise in contravention of law; or harm a minor in any way. If a third party notifies us of a problem, or if we become aware of a problem with any Printed Material, we may review the Printed Material and take any action with respect to the Printed Material that we deem necessary in our sole discretion, including, but not limited to, refusing to mail any Printed Material. The fact that we may review Printed Material and allow it to be mailed does not mean that: (1) we will always review Printed Material, even if informed of a problem; (2) we approve or endorse the contents, (3) the content complies with all applicable laws, or (4) you will not incur any liability or harm arising from the Printed Material. You bear all risks associated with the use of any of your Content and mailing of your Printed Material.
Your mailing lists and documents are your private information. All document and list files you submit will be used solely to produce your mailings. Electronic information submitted by you is securely stored for the time specified herein, after which time it is subject to being purged from our system.
Data Storage and Retention
Click2Mail will retain Content that you upload, but do not use in producing a mailing, for
90 days, after which it is subject to be deleted unless you choose to subscribe to an
optional data storage plan. If you subscribe to a data storage plan, Click2Mail will retain
Content as described by the terms of that plan.
Content shared by a master user of a business account may be shared among its sub- users. When a master user deletes Content, Click2Mail will delete that Content according to this policy. However, although Content files deleted by a master user are no longer available to sub-users, sub-users will continue to have access to copies of that Content that they have generated. Those copies of the Content will be subject to the retention rules and storage options described in the preceding two paragraphs.
Return Address on Printed Material
Click2Mail requires users to provide a return address so that their mailings can comply with postal regulations. Users may have multiple return addresses in their account. Users located outside of the United States can add their non-US address at registration but due to postal regulations, a domestic return address must be used on mailings. Click2Mail may provide a post office box address at the time of mailing.
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 and unexpired Click2Mail Credit at any time, by
submitting a support request to Customer Support [email protected] Refund
requests carried out through other means are not accepted and will not be treated as
valid. 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
In certain jurisdictions, sales tax at state and local rates may apply, in which case you
may be charged the applicable taxes in addition to any monthly fee and/or price for the
Services. The list of taxable states is available on the account registration page.
If you are tax exempt, you can submit a request to be exempted from paying sales tax on future purchases. Please email us your completed and signed "State Sales Tax Exemption Form" to [email protected] - Attention: Tax Claims. We'll notify you within 5 business days of your account status. We cannot refund your tax on previous purchases. Tax exempt organizations may file for a refund of taxes on previous purchases with your state, using a receipt from us to show you have paid tax. We cannot assist you in filing these forms with your state.
Click2Mail, in its sole discretion without prior notice to you, may: (1) terminate your access to the Service or your use of any feature of the Service, (2) remove and discard any of Your Information and your Content stored on the Service, or (3) refuse to mail any Printed Material, and/or (4) terminate the Service, or any feature on the Service. Click2Mail will not be liable to you or any third-party for any suspension or termination of your access to the Service 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. Such refunds will be sent by 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 Service) may be deleted.
This Service may provide links to external Internet Services or resources ("Linked Sites"), Click2Mail is not responsible for the availability of such Linked Sites and does not endorse (except where expressly noted otherwise) and is not responsible or liable for any content, advertising, products, or other materials on or available from Linked Sites.
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 Service, the use of this Service by any person who uses this Service 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.
Disclaimer of Warranties
This Service is provided on an "as is" and "as available" basis. Click2Mail DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLED, 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 Service will meet your requirements, (2) the Service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the Service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through this Service 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 Service 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 Service shall create any warranty not expressly stated in this user agreement. Click2Mail is not a publisher of the Content supplied by third parties and users of the Service; as such, Click2Mail specifically disclaims all warranties and representations of a publisher of any content transmitted on or in connection with the Service.
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).
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 Service during the creation of your Printed Material; (c) if the Service 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. You acknowledge and agree that Click2Mail is not 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).
Neither Click2Mail nor any other third-party partner or agent of Click2Mail involved in the provision of the Service (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 is not liable for any interruptions in your ability to access the Service or timely send out Printed Material resulting from or related to the actions or inactions of third parties, hardware/software problems with the public Internet infrastructure, or other events beyond the reasonable control of Click2Mail.
Click2Mail does not control the actions of the United States Postal Service or the delivery of U. S. Mail. Therefore, Click2Mail is not 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 is 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.
Limitation of Liability
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. 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) RESULTING FROM YOUR USE OF OR OINABILITY TO USE THE SERVICE, YOUR PURCHASE OF ANY GOODS OR SERVICES, THE LATE DELIVERY OR NON-DELIVERY OF ANY PRINTED MATERIAL, 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 APPLIES WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE BEEN HELD TO BE INVALID OR INEFFECTIVE.
Any dispute relating in any way to your visit to the Service 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 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 Service 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 Service shall survive
notwithstanding completion of any transaction in connection with which the Service is
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 Service, however, is subject to the additional disclaimers and caveats that may appear throughout the Service.
We may amend this Agreement by posting the changes on the Service and these changes will be effective when posted.
September 15, 2021