ePS ePostal Services

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

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