TrackMyMail Terms and Conditions
AGREEMENT
THE FOLLOWING TERMS (THIS "AGREEMENT") DESCRIBE THE CONDITIONS PURSUANT TO WHICH PITNEY BOWES ("WE", "US" OR "PITNEY BOWES") OFFERS YOU ACCESS TO THE TRACKMYMAIL SERVICES (THE "SERVICE") ON THE TRACKMYMAIL WEBSITE (THE "SITE"). BY CLICKING THE "I AGREE" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. IF YOU DO NOT AGREE TO BE BOUND BY ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICE.
1. By clicking the "I AGREE" button you also acknowledge that you have accessed, read and understand the information contained in our Privacy Policy, which is set forth on the Site and is incorporated herein by reference and which contains further terms and conditions that may apply to our provision of the Service.
2. You may not create any Web links to any URL on the Site or to any web pages contained therein.
3. You are not authorized to copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Service. You are not authorized to distribute any part of the Service over any network, including a local area network, or to sell or offer it for sale. Notwithstanding the foregoing, you are authorized to download material from the Service for your own personal, noncommercial use. As used herein, "personal, noncommercial use" means that you may make one machine readable copy and/or one print copy of information of personal interest.
4. No file comprising any part of the Service may be used to develop any kind of database.
5. We reserve the right to discontinue the Service at any time or to modify any feature of the Service at any time. By continuing to use the Service after any such changes, you agree to be bound by such changes.
6. The Service, including, but not limited to data, text, reports, content, photographs, graphics, video and audio ("Content") is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual elements comprising the Service are also copyrighted works. You must abide by all additional copyright notices or restrictions contained in the Service. You agree to not use any Content to create a competitive product.
7. In consideration for your use of the Site and the Service, you agree to provide true, current, complete and accurate information as requested on any account registration form to which the Site may direct you, and to update that account information as soon as possible after any such information changes. You agree that you are responsible for maintaining the confidentiality of your account number and passwords to the Site. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware.
8. You represent and warrant that you agree to use the Site and the Service for lawful purposes only and in a manner consistent with local, state and federal laws and regulations. You represent, warrant, and covenant to Pitney Bowes that (i) any information provided to Pitney Bowes in connection with your use of the Service shall be accurate, (ii) you have and will continue to have the power and authority to enter into and perform your obligations under this Agreement, and (iii) you will not use Pitney Bowes' name, image, copyright or any of its intellectual property without our prior express written consent, which may be withheld, denied or withdrawn, by us at any time for any reason, in our sole discretion.
9. You agree to indemnify and hold harmless Pitney Bowes, its directors, officers, shareholders, subsidiaries, affiliates, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, relating to your use of the Service or resulting from any violation of this Agreement. We reserve the right to take over the exclusive defense of any claim for which we or any of the foregoing entities or individuals is entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as we may reasonably request.
10. The Service provides processing of confirm data provided by the U.S. Postal Service (the "Postal Service"). We make no warranty of any kind whatsoever, and specifically with respect to data provided by the Postal Service, makes no assurances as to the accuracy, timeliness, or completeness of said data, and we also have no responsibility for delivery of mail by the U.S. Postal Service, or any role in investigating any delivery problems beyond delivering data in accordance with our standard business operations.
11. THE SERVICE IS MADE AVAILABLE "AS IS." WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE DATA, NEWS, REPORTS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE. WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THE SERVICE OR WHICH PROVIDE DATA TO THE SERVICE, INCLUDING WITHOUT LIMITATION THE POSTAL SERVICE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH THE SERVICE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY INFORMATION, ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED IN THE SERVICE OR AVAILABLE THOUGH LINKS IN THE SERVICE. WE RESERVE THE RIGHT IN OUR SOLE AND ABSOLUTE DISCRETION TO CORRECT ANY ERRORS OR OMISSIONS IN THE SERVICE. WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE, OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICE, WILL NOT CONTAIN VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON THE SERVICE AND ANY MATERIALS AVAILABLE THROUGH THE SERVICE, YOU DO SO SOLELY AT YOUR OWN RISK.
12. NONE OF THE LINKS IN THE SERVICE, WHICH MAY ALLOW YOU TO VISIT THE SITES OF OTHER COMPANIES, AND NONE OF SUCH COMPANIES TO WHOM THEY BELONG, ARE CONTROLLED BY US. WE MAKE NO REPRESENTATIONS CONCERNING THE INFORMATION PROVIDED IN THESE SITES NOR THE QUALITY OR ACCEPTABILITY OF THE PRODUCTS OR SERVICES OFFERED BY THE COMPANIES REFERENCED IN THESE SITES. WE HAVE NOT TESTED AND MAKE NO REPRESENTATIONS REGARDING THE CORRECTNESS, PERFORMANCE OR QUALITY OF ANY SOFTWARE FOUND AT THESE SITES. YOU SHOULD RESEARCH AND ASSESS THE RISKS WHICH MAY BE INVOLVED IN ACCESSING AND USING ANY SOFTWARE ON THE INTERNET BEFORE USING IT.
13. USE OF THE INFORMATION AND FEATURES OF THE SERVICE ARE AT YOUR SOLE RISK. PITNEY BOWES AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS WILL IN NO EVENT BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES UNDER ANY THEORY OF LAW FOR ANY ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN THE SERVICE OR THE INFORMATION AND FEATURES OF THE SERVICE, OR FOR THE USE OF ANY INFORMATION OR FEATURES AVAILABLE FROM THE SERVICE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA, OR DAMAGE TO YOUR COMPUTER SYSTEMS (INCLUDING WITHOUT LIMITATION AS A RESULT OF BREACH OF ANY WARRANTY OR OTHER TERM OF THIS AGREEMENT), EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICE.
14. You agree that Pitney Bowes may at any time without notice: a) refuse to accept your orders for the Site and/or Service; b) move, suspend or terminate all or any part of the Site and/or Service; or c) refuse to fulfill any order, or any part of any order or terminate your account and delete any content stored in your account if, in Pitney Bowes' sole discretion, you fail to comply with any of the terms or conditions contained in this Agreement or if you violate any laws in connection with your use of the Site or the Service or if a competent regulatory authority requires Pitney Bowes to do so. Pitney Bowes will not be liable to you or any third party for any suspension or termination of your access to the Site or Service.
15. If Pitney Bowes' performance of the terms of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of fire, earthquake, or other casualty or accident, strikes or labor disputes, war, terrorism or other violence, any law, order, proclamation, regulation, ordinance, demand or requirement of any government agency including, without limitation, the Postal Service, or any other act or condition beyond the reasonable control of Pitney Bowes, then Pitney Bowes shall be excused from such performance during such prevention, restriction or interference.
16. The Site and the offering of the Service hereunder is limited to only those jurisdictions where it may lawfully be made. This Agreement and performance hereunder shall be governed by and construed in accordance with the laws of Connecticut, but without recourse to Connecticut's conflict of law provisions that would otherwise require the application of the law of any other jurisdiction. The parties hereby agree and consent to the exclusive jurisdiction and venue of the courts situated in Fairfield County, Connecticut, in any action arising out of or relating to this Agreement and hereby submit to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. The waiver or failure of Pitney Bowes to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. If any portions of this Agreement are invalid under any applicable statute or rule of law to that extent they shall be deemed omitted from Agreement.