EPOSTAL
SERVICES, INC.
WEB
SITE TERMS OF USE AGREEMENT
IMPORTANT --- READ CAREFULLY:
Welcome to the ePostal®
System’s Web Site (the “Site”). The
Site is operated by ePostal Services, Inc. (“ePostal”, “our”, “us” or “we”).
If you do not have an ePostal® Account, this Terms of Use Agreement (“TOU”) contains important information governing your use of our
Site. ePostal provides you access
to the Site subject to your compliance with these TOU.
If you have an
ePostal Account, you are not only bound by this TOU in your use of this
Site, but also bound by the End User Software License and Services Agreement
(“EULSA”) and the Privacy and Security Policy (“PSP”).
If there is a conflict between the TOU, EULSA and PSP, the EULSA and PSP
will prevail.
By accessing the Site, you agree
to be bound by the terms and conditions set forth below.
If you do not wish to be so bound, please exit the Site now.
Your sole recourse for
dissatisfaction with the Site or any of its content and information is to stop
using the Site. ePostal reserves
the right to amend the TOU from time to time by updating this page.
Your continued use of the Site indicates your acceptance of the revised
TOU. Please review this page for
updates, and to ensure that you are familiar with the most current version.
1.
SCOPE OF THE SITE.
The Site is not directed to children under the age
of 13 and ePostal does not provide, through the Site or otherwise, products or
services directed to children of any age.
ePostal does not collect or maintain information, via the Site or otherwise,
from those we actually know are under the age of 13.
2
PROPERTY RIGHTS IN CONTENT.
ePostal reserves all proprietary rights in the Site and its content not
expressly granted to you in this TOU.
All material within the Site is the property of ePostal.
With the exception of making a single, personal copy, you may not
reprint, republish, resell or redistribute these materials in any form or
manner without ePostal’s express written permission.
ePostal does not warrant or represent that your use of materials
displayed on the Site will not infringe the rights of third parties.
The content is protected by copyright and other intellectual property
laws and treaties. ePostal owns all
title, copyrights, and other intellectual property rights in and to the Site.
This TOU does not grant you any rights to trademarks or service marks of
ePostal, and you are expressly prohibited from using such trademarks or service
marks without ePostal’s prior written consent.
3. INFORMATION AND RESOURCES ON THE SITE.
While ePostal works hard to include accurate and up-to-date content on
the Site, ePostal: (a) makes no
warranties or representations as to the completeness, accuracy, currency, or
availability of anything available (or intended to be available) on the Site;
and (b) assumes no liability or responsibility for any errors or omissions in
the content of the Site (regardless of the cause) or for any resulting damages.
If you do become aware of an error, please contact us at
CustomerService@ePostalServices.com.
Under no circumstances will
ePostal be liable for any loss or damage caused by your reliance on information
obtained on the Site. It is your
responsibility to evaluate the accuracy, completeness, or usefulness of any
content available on the Site. Your
use of the Site is at your own risk.
ePostal shall not be liable for any direct, incidental, consequential,
indirect, or punitive damages, whether under any contract, negligence, strict
liability, or other theory, arising out of or in connection with:
(a) your access to, or use of, the Site; (b) any content on the Site;
(c) any error, defamation, libel, slander, omission, falsehood, obscenity,
pornography, profanity, danger, or inaccuracy found on the Site, regardless of
its origin; (d) any breaches of security involving the Site, or any lack of
availability or operational problem of the Site; or (e) any viruses or other
code that may affect your computer equipment or other property as a result of
your use of the Site.
Without limiting the foregoing,
everything available on the Site is provided to you "AS IS," without warranty
of any kind, either express or implied, including but not limited to the
implied warranties of merchantability, fitness for a particular purpose, and
non-infringement. Please note that
some jurisdictions may not allow the exclusion of implied warranties, so some
of these exclusions may not apply to you.
Check your local laws for any restrictions or limitations regarding the
exclusion of implied warranties.
4. USER CONDUCT.
You represent and warrant that your use of the Site will comply with any and
all applicable local, state, and federal laws and regulations, and you are
solely responsible for ensuring that your use of the Site is in compliance with
such applicable laws or regulations.
You agree not to restrict or inhibit any other user from using and enjoying the
Site. This includes, without
limitation: (a) using, or
attempting to use, any ePostal
Account which is not yours without the owner's permission, (b) obtaining or
soliciting an ePostal Account holder’s password or other personal information without that person’s permission, or (c)
impersonating another user or otherwise misrepresenting yourself to ePostal,
the Site's systems, or other entities.
Impersonation of ePostal personnel is grounds for immediate termination of
access without notice.
5. PROHIBITED CONDUCT AND CONTENT.
You represent and warrant that you will not interfere or attempt to
interfere with the operation of the Site.
This includes, without limitation: (a)
interfering with, defeating, or circumventing any security function of the
Site, or attempting to do so, or (b) accessing, or attempting to access, any
portion of the Site that you are not authorized to access.
Unauthorized access or an attempt to gain unauthorized access can
subject you to civil and criminal penalties.
You
further represent that you will not:
(a)
Misuse any function
available on the Site;
(b)
Use the Site to
transmit any information or software that contains a virus, worm, Trojan horse,
or other harmful or disruptive component;
(c)
Use the Site for any unlawful purposes; or modify, adapt, sublicense,
translate, resell, retransmit, reverse engineer, decompile, or disassemble any
portion of the Site.
6. FURTHER TERMS.
ePostal may at any time, without prior notice: (a) deny or limit
any site visitor’s access to all or portions of the Site; (b) change or
eliminate any component of the Site; and (c) impose, remove, or change any fees
or charges for use of the Site or any feature thereof.
Nothing contained in this TOU
shall be construed to limit the actions or remedies available to ePostal with
respect to any prohibited activity or conduct.
Non-enforcement by ePostal of any part of the TOU does not constitute consent
or waiver, and ePostal reserves the right to enforce such terms at its sole
discretion.
You agree to indemnify, defend,
and hold harmless ePostal and its officers, directors, members, employees, and
agents from and against any and all claims, damages, costs, or other expenses
that arise directly or indirectly from:
(a) your breach of the TOU, (b) your activities in connection with the Site, or
(c) any other matter for which you are responsible hereunder or under law.
7. MISCELLANEOUS.
This TOU shall be governed by the laws of the State of
Connecticut exclusive of its choice of law rules, and without regard to the
United Nations Convention on the International Sales of Goods.
Any action to be brought in connection with the TOU or the Site shall be
brought exclusively in the state or federal courts located in the State of
Connecticut
,
United States of America
, and you irrevocably consent to the jurisdiction of such
courts. In any action to enforce
this TOU, the prevailing party will be entitled to costs and attorneys' fees.
In the event that any provision of the TOU is held to be unenforceable,
such provision shall be limited or eliminated to the minimum extent necessary
to keep the TOU otherwise in full force and effect.
END
OF AGREEMENT
TOU.RO.120109
