MailPound Brochure Rack Subscription Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THE
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.
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.
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.
You may cancel your Brochure Rack subscription at any time online through your account or by sending an email to email@example.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.
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.
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.