Terms and Conditions of Use
Copyright© 2005 Pitney Bowes of Canada Ltd., 5500 Explorer Drive, Mississauga, Ontario Canada L4W 5C7. All rights reserved
Please read these Terms and Conditions carefully before using this Site.
This Web Site is provided by Pitney Bowes of Canada Ltd. ("Pitney Bowes"), conditional on your acceptance of these Terms and Conditions of use. By browsing, accessing, using and/or downloading information from this Web Site or ordering products from this Web Site, you agree to accept and abide by these Terms and Conditions for each use and each visit to this Web Site.
These Terms and Conditions are entered into between Pitney Bowes and you. If you are accessing this Web Site on behalf of your employer, you represent that you are authorized to accept these Terms and Conditions on your employer's behalf. Pitney Bowes provides the products and services available on this Web Site subject to these Terms and Conditions. Unless explicitly stated otherwise, these Terms and Conditions govern your use of any new features that augment or enhance the current Services, including the release of new Pitney Bowes products.
The terms "you", "your" and "yours" refer to the surfer/customer/purchaser/shopper utilizing this Web Site to obtain information on Pitney Bowes' products or to purchase products. The terms "we", "us" and "our" refer to Pitney Bowes
2. Changes to Terms and Conditions
Pitney Bowes reserves the right, at any time, to modify, alter, or update these Terms and Conditions, and you agree to be bound by such modifications, alterations, or updates. Such modifications, alterations or updates shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on this Web Site or by electronic or conventional mail. You agree to regularly review the Terms and Conditions posted at this Site and to be aware of such revisions. Your use of this Web Site or ordering of any Products following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed.
3. Permitted and Prohibited Uses
This Web Site is intended for the lawful use of Pitney Bowes' customers, employees, and members of the general public who are over the age of 16, and who are physically located in Canada at the time of accessing this Web Site. Pitney Bowes makes no representation that this Web Site is appropriate or that the Products are available in other locations.
Subject to these Terms and Conditions, Pitney Bowes grants you a right to access, use, copy, view, print and distribute this Web Site and the information thereon ("Content"), solely for your own personal use or for the use of the Company you represent, subject to the following conditions:
- The Content may be used for informational purposes only.
- The Content may only be used for non-commercial purposes.
- Any copy of the Content or any portion thereof must include this copyright notice.
You may download one copy of the content found on this Web Site on a single computer for personal, non-commercial use only. You shall not copy, use, modify, transmit, distribute reverse engineer, or in anyway exploit copyrighted or proprietary materials available on this Web Site, except as expressly permitted by the respective owner(s). Use of any software available for download from this Web Site is governed by the terms of the applicable license agreement accompanying or included with the software. All trademarks, service marks, and trade names on this Web Site are the marks of the respective owner(s), and any unauthorized use is strictly prohibited.
The Content of this Web Site is provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, any implied warranty as to the satisfactory quality (and/or merchantability), fitness for a particular purpose or non-infringement. We do not warrant that materials will be error free, nor free of viruses, defamatory, offensive, or other harmful matter. You assume the entire cost of any necessary service, repair, or correction.
This Web Site may include technical inaccuracies or typographical errors. Changes are periodically added to the content; these changes will be incorporated in new versions of this Web Site. Pitney Bowes may make improvements and/or changes in the product(s) and/or the program(s) described on this Web Site at any time.
You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Web Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Web Site.
4. Copyright and Trademarks
Unless otherwise noted, all Content on this Web Site and all trade-marks, service marks and trade names used on this Web Site are subject to intellectual property rights including copyrights and trade-marks held by or licensed by Pitney Bowes. Except as expressly provided herein, no license to use or reproduce the content is given to you and all intellectual property rights therein are expressly reserved. No logo, graphic, text, sound or image from this Web Site may be copied, re-produced, modified, published, un-loaded, posted, transmitted, or distributed in any way without Pitney Bowes' prior written permission, except as is expressly provide herein. Pitney Bowes does not grant any expressed or implied right to you under any patent, copyright, trademark, service mark or trade secret information
5. Links and Third Party Content
As a convenience to you, Pitney Bowes may provide, on this Web Site, links to web sites operated by other entities. The materials that can be accessed from linked sites are not maintained by us and we are not responsible for their content. Any reference to a linked site or any specific third party product or service by name does not constitute or imply its endorsement by Pitney Bowes, and you assume all risk with respect to its use. Links do not imply that Pitney Bowes or this Web Site is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Pitney Bowes.
6. Submission of Information
Although Pitney Bowes may provide certain security in an effort to protect the electronic transmission of credit card numbers or other financial information ("Financial Information") that you submit to Pitney Bowes through this Web Site, of what we do with your Pitney Bowes does not guarantee the security of any information transmitted to or from this Web Site.
Other than the Financial Information, do not send any confidential or proprietary information to Pitney Bowes through this Site. Except for the Financial Information or personal information about you, any information you do send to Pitney Bowes through this Web Site will be deemed NOT to be confidential
You expressly agree that the use and browsing of this Web Site is at your sole risk. Neither Pitney Bowes, its affiliates nor any of their respective employees, agents, third-party content providers or licensors, if any, warrant that the use of this Web Site will be uninterrupted or error free: nor do they make any warranty as to the results that may be obtained from use of this Web Site, Products and services provided therein, or as to the accuracy, reliability, or content of any information, or merchandise provided through this Web Site.
This site provides listings of a wide range of Pitney Bowes products and therefore may contain references or cross references to particular products and services that are not readily available in all markets in Canada. Any such reference does not imply that Pitney Bowes in any particular province intends to market such products or services. All actions resulting from a search of this Web Site must be related to solutions using only products and services announced by Pitney Bowes Ltd in any particular province. In particular Pitney Bowes makes no claim for the accuracy of product information on this site with regard to any country outside Canada.
9. Limit of Liability
Under no circumstances shall Pitney Bowes, nor its directors, officers, employees, representative, contractors, affiliates, agents, suppliers, successors or assigns be liable for any damages, including without limitation, direct, indirect, incidental, special, punitive, consequential, other damages (including without limitation lost profits, lost revenues, or similar economic loss), whether in contract, tort, or otherwise, arising out of the use or inability to use the materials available in this site or any linked site, even if we are advised of the possibility thereof, nor for any claim by a third party.
MAXIMUM LIABILITY TO YOU UNDER OR RELATED TO THIS AGREEMENT SHALL IN NO EVENT EXCEED ONE-HUNDRED CANADIAN DOLLARS ($100 CDN).
The limitations of liability and disclaimers in these Terms and Conditions shall apply regardless of the form of action, whether in contract, warranty, delict, quasi-delict, strict liability, negligence or other tort and shall survive a fundamental breach or breaches or the failure of the essential purpose of contract or the failure of an exclusive remedy.
You agree to defend, indemnify, and hold Pitney Bowes and its directors, officers, employees, representative, contractors, affiliates, agents, suppliers, successors or assigns harmless from and against any and all claims, losses, liabilities, damages and expenses (including legal fees) arising out of your use of this site.
You agree that all disputes or disagreements between you and us relating to these Terms and Conditions, the use of this Web Site in any way, or to the purchase of any product at this Web Site or to any other matter will be settled by final and binding arbitration by a single arbitrator pursuant to the provisions of the Arbitration Act, 1991 (Ontario). Judgement upon the award rendered in any such arbitration may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the award and enforcement, as the law of such jurisdiction may require or allow. The arbitration shall take place in the City of Toronto, Ontario, Canada. There shall be no discovery. The arbitrator shall not limit, expand or modify the terms of this Agreement nor award damages in excess of compensatory damages permitted under this Agreement, and you waive any claim to such excess damages. The arbitrator shall not have any ability to award any equitable remedies against us. The arbitrator shall not have the right to award any damages in excess of damages that could lawfully be awarded by a court of competent jurisdiction. The arbitrator shall issue a written decision containing findings and conclusions on all significant issues. Each party shall bear its own expenses and an equal share of all costs and fees of the arbitration. The content and result of any arbitration shall be held in confidence by all participants, each of whom will be bound by an appropriate confidentiality agreement.
12. Choice of law
These Terms and Conditions shall be deemed to have been made and performed exclusively in Ontario and shall be governed by and construed under the laws of Ontario and the laws of Canada applicable therein without giving effect to its conflict of laws principles. You hereby submit to the exclusive forum, jurisdiction and venue of the courts of Ontario for any claim related hereto, arising hereunder or in connection herewith and agree not to bring any action, claim, suit or proceeding against Pitney Bowes (directors, officers, employees, representative, contractors, affiliates, agents, suppliers, successors or assigns) in any jurisdiction other than Ontario.
These Terms and Conditions constitutes the entire agreement between Pitney Bowes and you with respect to your use of this Web Site. Pitney Bowes' failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. Any cause of action you may have with respect to your use of this Web Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises.