MailPound Brochure Rack Subscription Agreement

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THE BROCHURE RACK.

By using MailPound's Brochure Rack ("Website"), you agree to the terms and conditions set forth in this Subscription Agreement (this “Agreement”). We reserve the right, in our sole discretion, to change, modify, add or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. By using the Website after we post any changes to this Agreement or otherwise notify you of such changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use the Website and you should arrange to cancel your account with us.

1. Scope of Agreement
Unless we indicate otherwise, this Agreement applies to your use of the MailPound Brochure Rack which is owned or operated by MailPound.

2. Your Use of the Website
Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use of the Website and the material provided hereon, provided that you comply fully with the provisions of this Agreement. 

By using the Website , you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your account, and access to the Website. In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website. You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your account and all related information and/or files in your account and bar any further access to such information and/or files. Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, the Website, except for a refund of any fees or charges prepaid by you in accordance with paragraph 5 of this Agreement. You acknowledge that your only right with respect to any dissatisfaction with any modification or discontinuation of service made by us pursuant to this provision or this Agreement, or any policies or practices by us in providing this Website, including without limitation any change in content or any change in the amount or type of fees or charges associated with the Website, is to cancel or terminate your account, as applicable. 

3. Responsibilities
The eBrochures contained in MailPound's Brochure Rack are the properties of the respective suppliers.  MailPound is not responsible for the content or accuracy of supplier eBrochures and will make every effort to ensure the eBrochures are current.  Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display the Website and the material provided, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that the Website contains information, photos, video, text, graphics and other materials (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All trademarks appearing on this Website are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive prior written consent.

4. Term
MailPound currently offers the following Brochure Rack subscription plans: Monthly (bills on the same day each month) and Annual (bills on the same day each year).  All Brochure Rack subscriptions renew automatically. The subscription fee will be billed at the beginning of your subscription period and will automatically renew at the end of the subscription period to minimize subscription interruptions. It is your responsibility to cancel Your Account prior to your next billing date.

  1. You agree to pay, using a valid credit card, the monthly or annual fee as set forth on this Website. We will automatically charge your credit card 7 days after you register, provided you have not cancelled within the first 7 days. In the event we cannot charge your account, we reserve the right to terminate your access to the Website. If your credit card is declined, you will receive notification to the email address on file.  You will have 7 days to log into your account to update your credit card information and process the charge.  If after 7 days we have been unable to successfully charge your credit card, your account will be cancelled.
  2. For purposes of your use of the Website including identification and billing, you agree to provide us with true, accurate and complete information as required by the subscription or sign up process, including your legal name, address, telephone number, email address and applicable billing information (e.g., credit card number and expiration date), and to allow us to share your Subscription Data with third parties for the purpose of verifying the information you provide and billing your credit card or otherwise charging your account. You agree to maintain and promptly update the Subscription Data and any other information you provide to us to keep it accurate. Without limiting any other provision of this Agreement, if you provide any information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such is the case, we reserve the right to suspend or terminate your account. If your account is revoked for any reason, you agree not to register again using another user name or through any other means. If we have reason to suspect, in our sole discretion, that your account has previously been terminated, we reserve the right to terminate any new accounts you have registered without any notice to you, or to exercise any other remedies available to us under this Subscription Agreement or by law.
  3. If your credit card expires, is canceled, is lost or is subject to use without your authorization, access the Billing feature of the Website to update your Billing Data. You are entirely responsible for any and all activities which occur under your user account.

5. Cancellation
You may cancel your Brochure Rack subscription at any time online through your account or by sending an email to support@mailpound.com.  Cancellations are processed upon receipt of request by email, or by cancelling online. Cancellations must be received before the first day of a new billing cycle in order to take effect for that billing cycle. MailPound does not grant refunds for partial or unused subscription time.

  1. You understand and agree that the cancellation or termination of your subscription is your sole right and remedy with respect to any dispute with us including, without limitation, any dispute related to, or arising out of: (i) any terms of this Agreement or our enforcement or application of this Agreement;  (ii) the content available through this Website or any change in content provided through the Website; (iii) your ability to access and/or use the Website; or (iv) the amount of our fees, or billing methods, or any change to our fees or billing methods.
  2. Upon cancellation or termination of your subscription to the Website, we will immediately deactivate your brochure racks and all related information and/or files in your user account and bar any further access to such information and/or files.

6. Refund Policy
**PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS.**

7. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (D) ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE WEBSITE.
IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

8. Indemnification
You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from your improper use of the Website, your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

9. Governing Law and Choice of Forum
 This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of the Website or this Agreement shall be filed only in the state or federal courts located in Burlington County in the State of New Jersey and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

10. Miscellaneous Terms
If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement, together with the Terms & Conditions (if applicable), are the entire agreement between you and us relating to the subject matter herein. In the event of any conflict between this Agreement and the Terms & Conditions, this Agreement shall control.