Click Through End User Agreement
THE FOLLOWING TERMS (THIS “AGREEMENT”) DESCRIBE THE CONDITIONS PURSUANT TO WHICH PITNEY BOWES OF CANADA, LTD. (“WE”, “US” OR “PITNEY BOWES”) OFFERS YOU ACCESS TO THE DIRECT MARKETING SERVICES (THE “SERVICES”) ON THIS WEBSITE (THIS “SITE”). BY CLICKING THE “I AGREE” BUTTON BELOW 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 SERVICES.
Fees and Services
We may in our sole discretion change or discontinue, temporarily or permanently, some or all of our Services at any time. In the event we introduce a new service, the fees for that service are effective at the time the service is launched. We may increase our fees for the Services at any time, whether in association with the introduction of a new service or otherwise, and such new fees will be posted on the Site and will apply to any additional Services you use on a going forward basis. Unless otherwise stated, all fees are quoted in Canadian Dollars. You are responsible for paying all fees associated with using the Services and this Site and all applicable taxes.
You agree that you are solely responsible for all use of the Services under your account, including the content of all visual, written, audible or other communications. You agree that you will comply with all applicable laws, including applicable privacy, advertising and consumer protection laws in your use of the Services, and will not use the Services to send unsolicited mail or email in violation of applicable laws, including applicable privacy laws. You further agree not to use the Service to communicate any message or material that is harassing, libellous, threatening, obscene, fraudulent or misleading, would violate the intellectual property or privacy rights or any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal or provincial offence, under any applicable laws or regulations. Although Pitney Bowes is not responsible for any such communication, Pitney Bowes may suspend any such communications of which Pitney Bowes is made aware, at any time with or without prior notice to you.
In addition you agree not to use or permit the use of the Services in any matter (including, without limitation, transmission, distribution or storage) for any purpose that is or is likely to be an unauthorized use, access or monitoring of any host, the Site or other network or any component or device, authentication system, data, web site, passcode, account, or any other breach of any security measure.
Without limiting the foregoing, undertaking or attempting to undertake any of the following is deemed to violate this Agreement:
- Transmitting, distributing or storing any material protected by copyright, trademark, trade secret or other intellectual property right without proper authorization, and sending of material that is obscene, defamatory, an invasion of privacy, that constitutes an illegal threat, or that is otherwise illegal.
- Uploading to the Site and/or using any personal information of any third party without such third party’s consent or not otherwise in accordance with applicable privacy laws;
- Altering the source of any data (causing origination of malformed data or network traffic);
- Impersonating, relaying, spoofing, misrepresenting identity, using a third party E-mail server to relay without express authorization, or the altering or forging of, electronic mail headers (including any portion of the IP packet header and/or electronic mail address) or sender identity, posting or any other method used to forge, disguise, or conceal the user’s identity or to cause disruption;
- Hacking or scamming (or other unauthorized use of non-Customer accounts or resources, scamming, stealing or tricking the release of passwords, etc.);
- Distributing harmful codes such as computer viruses, worms and trap doors;
- Overloading any shared infrastructure;
- Causing denial of service, SYN flood or other attacks by sending mass volumes of data or other abusive behaviour likely to disrupt or disable the recipient system; or
- Creating liability for us or causing us to lose (in whole or in part) the services of our ISPs or other suppliers.
Access and Passwords
The Site is owned and operated by Pitney Bowes. Any and all content, data, graphics, photographs, images, audio, video, software, trademarks, service marks, trade names and other information (collectively, the “Content”) contained in this Website are proprietary to Pitney Bowes, its affiliates and/or third-party licensors. The Content is protected by Canadian and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Pitney Bowes. You may download, print and reproduce the Content for your own informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and that you cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Pitney Bowes.
You further agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Site; or (iv) bypass the measures we may use to prevent or restrict access to the site.
In consideration for your use of this Site and the Services, you agree to provide true, current, complete and accurate information as requested on any account registration form to which this 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.
THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LISTS, DATA OR MATERIALS OBTAINED FROM THIS SITE, AND THE SERVICES IS BEING PROVIDED “AS IS”, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR PARENT, SUBSIDIARIES, AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OR TRADE.
WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, OFFICERS, DIRECTORS EMPLOYEES AND SUPPLIERS BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE SERVICES, TELECOMMUNICATIONS SYSTEMS OR THE INTERNET, TECHNICAL MALFUNCTION, COMPUTER ERROR, OR OTHER CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND THAT IS BEYOND OUR CONTROL.
Limitation of Liability
IN NO EVENT SHALL WE, OUR PARENT, SUBSIDIARIES, AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PITNEY BOWES’ MAXIMUM LIABILITY HEREUNDER SHALL BE FOR DIRECT, PROVABLE DAMAGES IN AN AMOUNT NOT GREATER THAN THE FEES ACTUALLY PAID BY YOU IN RESPECT OF THE TRANSACTION THAT IS THE SUBJECT OF THE CLAIM.
You agree to indemnify and hold us and our parent, subsidiaries, affiliates and each of their officers, directors, agents, and employees, harmless from any claim or demand, including legal costs and fees, made by any third party due to or arising out of your use of the Services, your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You and Pitney Bowes are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notice shall be given by registered mail to Pitney Bowes of Canada Ltd., 5500 Explorer Dr. Mississauga, ON L4W 5C7, with a copy to Pitney Bowes Inc., One Elmcroft Road, Stamford CT 06926-0700, ATTN: Deputy General Counsel (in the case of Pitney Bowes) or to the email address you provide during the registration process for the Services (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
In addition to the terms contained herein, when using particular Services on the Site, you agree that you are subject to any posted policies or rules applicable to service you use through the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.
This Agreement shall be governed in all respects by the laws of the Province of Ontario and the federal laws of Canada applicable therein. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated terms and conditions may be assigned by Pitney Bowes in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
It is the express wish of the parties that this document and any related documents be drawn up and executed in English. Les Parties aux présentes ont expressément demandé que ce document et tous les documents s’y rattachant soient rédigés et signés en anglais.