Terms of Use

Terms of Use

These terms of use (“Terms”) set forth the terms and conditions of the use of the website (“Site”) of PebblePost, Inc., a Delaware corporation (the “Company” or “we” or “us” or “our”). By using the Site, users of our Site (“users” or “you” or “your”) expressly agree to these Terms. If you do not agree with these Terms, you are not authorized to use our Site.

We may change or revise these Terms at any time for any reason, with or without prior notice of such changes or revisions to you. If we decide to change or revise these Terms, we will post the changed or revised Terms here. Your continued use of the Site indicates your express acceptance to the Terms as posted.

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.

Use of the Site. (a) You may use the Site only in accordance with and subject to these Terms, our Privacy Policy, and any additional terms and conditions referred to in these Terms (collectively, the “Agreement”). You may not use the Site for any purpose that is unlawful or prohibited by this Agreement or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or others.

Notwithstanding any other rights or restrictions in this Agreement, you shall not use the Site to: (1) transmit via or through the Site any information, data, text, images, files, links, or software except in connection with your authorized use of the Site or otherwise in response to specific requests for information by us; (2) violate any laws, rights of third parties (including intellectual property rights and privacy rights), or the Company’s policies; (3) introduce to the Site or any other computer or website viruses, worms, Trojan horses, or harmful code; (4) obtain unauthorized access to any computer system; (5) impersonate any other person; (6) invade the privacy of any person or entity; (7) misrepresent the identity of a user of the Site or use a false email address; (8) tamper with or obtain access to the Site or any element of the Site; (9) conduct fraudulent activities; or (10) collect or harvest information regarding other users of the Site for any reason whatsoever, including, without limitation, for sending such users unsolicited commercial email.

You shall maintain the confidentiality of your account and password. You are responsible for all activities that occur under your account or password. You shall immediately notify us in the event of any unauthorized access or use of your account or other breach of security. We are not liable for any damages or losses caused by unauthorized access or use of your account. You may be liable if the Company (or any other party) suffers any damage or loss due to unauthorized access or use of your account.

Services. Through the Site, the Company provides user with access to certain tools, features, and information for use solely in connection with our direct mail services and other services we offer (collectively, “Services”).

User Eligibility. The Site is available to users who are at least 18-years-old, who have properly registered by completing and submitting the Site’s registration form, and who have not been prohibited by the Company from using the Site for any reason. By using the Site you represent that you are at least 18-years old. If you do not qualify to use the Site, you may not use the Site. As a user of the Site, you agree to provide true, accurate, current, and complete information about yourself as prompted by the Site's registration form, and you agree to use the Site solely for your internal business purposes in accordance with these Terms. Use of the Site is void where prohibited by law. The Company reserves the right to revoke or prohibit your use of the Site for any reason at any time, without notice.

Electronic Communication. By submitting information through the Site, you consent to receive email communications from us. When you use the Site or send emails to the Company, you are communicating with the Company electronically. The Company will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

Additional Terms and Conditions. Additional terms and conditions (“Additional Terms”) may apply to specific portions of the Site and/or other Services. The Additional Terms are made part of this Agreement by reference. If there is a conflict between this Agreement and any Additional Terms applicable to a specific portion of the Site and/or other Services, the Additional Terms shall control with respect to your use of that portion of the Site and/or such other Services.

Proprietary Rights. (a) You acknowledge and agree that the Site and the underlying elements of the Site (including text, images, and audio-visual elements) (collectively, “Site Content”) are the property of the Company and its affiliates, its subsidiaries, or its licensors and are protected by copyright, trademark, and other laws of the United States and other jurisdictions. Title to the Site Content remains with the Company, its affiliates, its subsidiaries, or its licensors. Any use of the Site Content not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws. Site Content and other features of the Site are subject to change or termination without notice in the sole discretion of the Company. All rights not expressly granted herein are reserved to the Company, its affiliates, its subsidiaries, and its licensors.

The Company authorizes you to view or download a single copy of the Site Content solely for your personal, noncommercial use if you include the following copyright notice: “©2014, PebbePost, Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Site Content.

You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Site Content, in whole or in part. Use of the Site Content for any purpose not expressly permitted in this Agreement is prohibited and shall be deemed a breach of this Agreement. You may not decompile, reverse engineer, disassemble, or otherwise reduce the Site Content, in whole or in part, to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance. You may not copy, frameset, enclose, or otherwise distribute any part of the Site Content.

If you violate any of terms of this Agreement, your permission to use the Site Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Site Content.

Liability of the Company; Disclaimers. (a) Use of the Site and the Site Content is at your own risk. When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of the Company and its service providers. Accordingly, the Company assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

THE SITE AND THE CONTENT ARE PROVIDED ON AN "AS IS" BASIS. THE COMPANY, ITS LICENSORS, ITS SERVICE PROVIDERS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE COMPANY, ITS LICENSORS, ITS SERVICE PROVIDERS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES AS TO EITHER (1) THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE CONTENT, SOFTWARE, TEXT, GRAPHICS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE OR THE COMPANY, OR (2) THE APPROVAL, COMPLIANCE, OR COMPATIBILITY OF OR WITH ANY SOFTWARE OR SYSTEMS WITH REGARD TO THE SITE OR ANY SITE CONTENT.

In no event shall the Company, its licensors, its service providers, its suppliers, or any third parties contributing Site Content (collectively, “Content Providers”) be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Site Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not any Content Providers are advised of the possibility of such damages. The Content Providers shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $100. The Content Providers shall not be liable for any personal injury, including death, caused by your use or misuse of the Site, Site Content, or any message board, blog, forum, or any other publicly accessible area of the Site (together, “Public Areas”). Any claims arising in connection with your use of the Site, any Site Content, or the Public Areas must be brought within one year of the date of the event giving rise to such action occurred. Remedies under this Agreement are exclusive and are limited to those expressly provided for in this Agreement.

Links to Third-Party Websites; No Implied Endorsements. The Site may contain links to other websites on the Internet. You acknowledge that we have no control over such websites and that we are not responsible for the accuracy, content, legality, or any other aspect of any linked website. You acknowledge that reference to any third party products, websites, services or other information by trade name, trademark, manufacturer, or otherwise does not constitute or imply approval, endorsement, sponsorship, or recommendation by us of any third party or product, website, service or other information of that third party or of any affiliation of the Company with that third party or product, website, service or other information of that third party.

Indemnification. By using the Site and other services offered by us, you agree to indemnify, hold harmless, and defend the Company, its subsidiaries, divisions, and affiliates, and their respective officers, directors, employees, successors, agents, subsidiaries, partners, contractors, vendors, manufacturers, distributors, representatives, and affiliates (collectively, the “Company Indemnitees”) from any claims, damages, losses, liabilities, and all costs and expenses of defense, including, without limitation, attorney fees, resulting directly or indirectly from a claim (including, without limitation, claims made by third parties for infringement of intellectual property rights or privacy rights) by a third party that arises in connection with (1) your use or misuse of the Site or any Site Content; (2) your breach of this Agreement; or (3) your violation of any law or the rights of a third party. You agree to cooperate as fully as reasonably required in the defense of any claim. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you for which you will remain responsible for indemnifying and holding harmless the Company Indemnitees.

Unavailability of Site; Termination; Fraud; Survival. We may alter, suspend, or discontinue the Site in whole or in part, at any time and for any reason, without notice or cost. In addition, the Site may be temporarily unavailable from time to time for maintenance or other reasons. We may, in our sole discretion, terminate or suspend your use or access to all or part of the Site at any time for any reason, including, without limitation, breach of this Agreement. If at any time we notify you that your access to or use of the Site is terminated, you must cease and desist from all such access or use immediately. We reserve the right to cancel or delay access to or use of the Site if fraud is suspected. Sections 6, 7, and 9 of this Agreement will survive any termination of this Agreement, or termination of your access to or use of the Site, for any reason.

International Use. The Company is a Delaware corporation with its principal office in New York, New York, United States of America. The Company makes no claims that the Site and the Site Content are appropriate for access or use outside of the United States of America. Access to the Site Content may not be legal by certain persons or in certain countries. If you access or use the Site from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Governing Law. This Agreement, and all matters arising out of this agreement, including all tort and fraud claims, is governed by laws of the State of New York, without regard to its conflict of laws principles.  The parties submit to the exclusive jurisdiction of the state courts of the State of New York and to the jurisdiction of the United States District Court for the Southern District of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Complete Agreement. These Terms, our Privacy Policy and any other Additional Agreements collectively constitute the entire agreement between you and the Company with respect to the use of the Site.

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