1. Opting into Text Messages, How to Opt Out and Get Help, and Cost

By providing your mobile number and opting in, you agree that (a) you are over the age of 18, (b) you have ownership rights or permission to use the number given to Pitney Bowes, and (c) you will contact Pitney Bowes to notify us if you ever transfer or cease use of the phone number you provided us. 

You may opt out of these communications at any time by replying STOP to opt out.   By replying “STOP”, you will receive a reply message to confirm that you have been unsubscribed and after that you will no longer receive messages from that particular consented opt-in (e.g., marketing/promotional or account management/informational) short code. If you want to reengage those particular messages, you can sign up as you did the first time and Pitney Bowes will start sending those particular messages to you again.

You can receive assistance at any time by replying “HELP” to any message you receive.

Data obtained from you in connection with this text messaging service may include your mobile phone number, your wireless provider’s name, the date, time, and content of your messages and other information you provide to Pitney Bowes as part of this service. If you have questions regarding our privacy practices, please read our Privacy Statement at Business Privacy Statement | Pitney Bowes.

Messaging and data rates may apply for any messages sent to you from us and to us from you. The maximum number of messages per month you receive will vary based on the service you opt into. If you have questions about your text or data plan, it is best to contact your wireless provider.

By opting in, you accept to be bound by these Text Messaging Terms. These Text Messaging Terms do not supersede the terms at Pitney Bowes Terms and Conditions. In the event of any conflict between the Text Messaging Terms and the Pitney Bowes Terms and Conditions as it relates solely to text messaging, these Text Messaging Terms shall control. 

2. Changes to these Text Messaging Terms

Pitney Bowes may revise, modify, or amend these Text Messaging Terms at any time without prior notice. Any such revision, modification, or amendment shall take effect when it is posted to the Pitney Bowes website. You agree to review these Text Messaging Terms periodically to ensure that you are aware of any changes. Your continued consent to receive Pitney Bowes text messages will indicate your acceptance of those changes.

3. Disclaimer of Warranties

WE MAKE NO GUARANTEE THAT YOUR CARRIER WILL BE SUPPORTED OR COMPATIBLE WITH OUR TEXT MESSAGE PROGRAM. NEITHER PITNEY BOWES NOR YOUR CARRIER PROVIDER ARE LIABLE FOR DELAYED OR UNDELIVERED MESSAGES. YOUR PARTICIPATION TO RECEIVE TEXTS IS VOLUNTARY. YOUR USE AND PARTICIPATION IN THE TEXT MESSAGE PROGRAM, OFFERING, CONTENT IS AT YOUR OWN RISK, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

4. Limitation of Liability

IN NO EVENT WILL PITNEY BOWES, ITS LICENSORS, SERVICE PROVIDERS, OR ANY OF THEIR EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE OR PARTICIPATE IN, THE TEXT MESSAGE PROGRAM, ANY CONTENT OFFERED ON OR THROUGH THE TEXT MESSAGE PROGRAM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

5. Limitation of Time to Bring Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TEXT MESSAGING TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

6. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. IT LIMITS THE RIGHT TO OBTAIN DISCOVERY OTHER THAN AS PERMITTED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR PITNEY BOWES WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

For purposes of this Section 6, “Pitney Bowes” shall include its subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.

A. MANDATORY NOTICE OF DISPUTE AND INFORMAL DISPUTE RESOLUTION PROCESS

If you and Pitney Bowes have a Dispute (defined below), you and Pitney Bowes agree to make a good faith effort to resolve the Dispute informally prior to initiating a formal arbitration proceeding. Before initiating an arbitration, you and Pitney Bowes each agree to first provide the other with a detailed written notice (“Notice of Dispute”). The Notice of Dispute must include (i) the name, telephone number, mailing address, and email address of the person or entity providing the notice; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and (iv) an accurate, good-faith calculation of the amount in controversy.

If you provide a Notice of Dispute to Pitney Bowes, the Notice of Dispute must be mailed via first-class mail, FedEx, or UPS to: Pitney Bowes, ATTN: Legal Department, 3001 Summer Street, Stamford, CT 06926. Your Notice of Dispute must include your personal signature. If Pitney Bowes provides you with a Notice of Dispute, Pitney Bowes will mail the notice via first-class mail, FedEx, or UPS to the billing address associated with your account and/or billing information (the “Notice Address”). If Pitney Bowes is unable to reach you at the Notice Address, it may provide a Notice of Dispute to you via email at the email address associated with your account.

If requested by the party that receives the Notice of Dispute, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute.

For a period of sixty (60) days from the date of receipt of a complete Notice of Dispute, you and Pitney Bowes agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until the sixty (60)-day post-notice resolution period expires, which period may be extended by agreement of the parties. If an agreement cannot be reached within sixty (60) days of receipt of the Notice of Dispute, you or Pitney Bowes may commence an arbitration proceeding, pursuant to the procedure outlined below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.

B. ARBITRATION AGREEMENT

IF WE ARE UNABLE TO RESOLVE ANY DISPUTE THROUGH THE INFORMAL DISPUTE RESOLUTION PROCESS, YOU AND WE AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND ANY PITNEY BOWES PARTIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THE SITES, TO THE USE OR ACCESS THEREOF, TO THE EQUIPMENT, SERVICES, MATERIALS, PROMOTIONS, PROGRAMS OR OTHER FEATURES OFFERED ON OR THROUGH THE SITES, AND/OR TO THE APPLICATION, ENFORCEABILITY, SCOPE, OR INTERPRETATION OF THIS AGREEMENT TO ARBITRATE ("DISPUTES"), SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION. THE SOLE EXCEPTIONS TO THIS REQUIREMENT ARE THAT (I) YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY, AS LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE BASIS); AND (II) EACH PARTY MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. DISPUTE WILL BE GIVEN THE BROADEST POSSIBLE MEANING PERMITTED BY LAW. IT INCLUDES CLAIMS THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT OR THAT ARISE AFTER ANY SUCH AGREEMENTS.

ALL DISPUTES SHALL BE DETERMINED BY BINDING ARBITRATION (1) ADMINISTERED BY JAMS, PURSUANT TO THE JAMS STREAMLINED ARBITRATION RULES & PROCEDURES EFFECTIVE JUNE 1, 2021 (THE “JAMS RULES”), AND AS MODIFIED BY THESE TEXT MESSAGING TERMS TO ARBITRATE; (2) CONDUCTED BY A SINGLE, NEUTRAL ARBITRATOR; AND (3) TAKE PLACE TELEPHONICALLY UNLESS AN IN-PERSON HEARING IS SPECIFICALLY REQUESTED BY EITHER PARTY. IF AN IN-PERSON HEARING IS REQUESTED, SUCH IN-PERSON HEARINGS SHALL TAKE PLACE IN THE COUNTY OF THE BILLING ADDRESS ASSOCIATED WITH YOUR ACCOUNT, OR THE COUNTY WHERE YOU RESIDE, IN THE INSTANCE WHERE NO ACCOUNT EXISTS. TO THE EXTENT THAT THIS AGREEMENT TO ARBITRATE CONFLICTS WITH THE JAMS POLICY ON CONSUMER ARBITRATIONS PURSUANT TO PRE-DISPUTE CLAUSES MINIMUM STANDARDS OF PROCEDURAL FAIRNESS (THE “MINIMUM STANDARDS”), THE MINIMUM STANDARD IN THAT REGARD WILL APPLY.

The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/ or by calling JAMS at 800-352-5267. To commence an arbitration, a Demand for Arbitration is required to be executed pursuant to the instructions provided by JAMS to submit a Dispute for arbitration. Service of the Demand for Arbitration on you will be sent to the Notice Address.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow the terms of these Terms of Use.

Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. The arbitrator shall have the authority under Federal Rule of Civil Procedure 11 to issue sanctions against any party and counsel as a court would. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. Notwithstanding anything to the contrary, Pitney Bowes will pay all fees and costs that we are required by law to pay.

BECAUSE THE PRODUCTS AND SERVICES PROVIDED TO YOU BY PITNEY BOWES CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT (“FAA”) GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE CONNECTICUT STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.

C. NO CLASS ACTIONS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR ARBITRATE ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Further, unless both you and Pitney Bowes expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding.

If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section 6, the arbitrator may not issue a "public injunction" and any such "public injunction," if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

D. Except as specifically provided in this Section, if any part or parts of the mandatory informal dispute resolution process, arbitration agreement, class action waiver, is/are found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of this section shall continue in full force and effect. The mandatory informal dispute resolution process, arbitration agreement, and class action waiver will survive the termination of these Text Messaging Terms.

7. Waiver and Severability

Pitney Bowes' failure to enforce the strict performance of any provision of these Text Messaging Terms will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder.

If any provision of these Text Messaging Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent required, and the remaining provisions of the Text Messaging Terms will continue in full force and effect.

8. Choice of Law and Jurisdiction

The validity and interpretation of these Text Messaging Terms, and the legal relations of the parties to it, will be governed by the laws of the State of Connecticut without regard to its conflict of laws principles.