SUMMARY OF THE USER AGREEMENT:
The following User Agreement governs and controls the understanding between you and Zairmail (Powered by Cendix).
ACCEPTANCE OF TERMS
To obtain full access to Zairmail services, you must read the terms and conditions of service set forth below (the "User Agreement") and agree to be bound by the obligations imposed on you in this User Agreement. By clicking the "Submit Form" button on the Signup page, you accept the terms and conditions of this Agreement.
AMENDMENTS TO THE USER AGREEMENT
From time to time we may amend the User Agreement without notice to you by posting the changes on our website. You can review the most current version of the User Agreement at any time. The amended terms shall automatically be effective thirty days after they are initially posted on our website. Except for the method of amending stated in this paragraph, this Agreement may not be otherwise amended. This Agreement was created on September 9, 1999 and last updated on May 27, 2009.
IS A TOOL FOR PRINT COMMUNICATION
Zairmail provides a service that allows clients to submit documents over the Internet that are automatically printed, addressed, and mailed through United States Postal Service. You are solely responsible for and assume all liability arising from all correspondence that you and any other person using your account submit using the Zairmail service.
YOUR NAME AND ADDRESS WILL BE ON YOUR CORRESPONDENCE
Zairmail software will automatically print a return address on every piece of correspondence that you create, print and mail using the Zairmail service - unless you have included the return address in your mail piece design and you have explicitly asked Zairmail not to). According to the terms of this agreement, you authorize Zairmail to print a return address on every piece of correspondence that you create, print and mail when it is not already present. You may not otherwise alter or prevent your name and address from being printed on your correspondence.
NCOA PROCESSING APPROVAL
The Zairmail service takes advantage of discounts provided by the USPS for pre-sorted First Class mail and pre-sorted Standard A mail. These discounts require processing lists through the Coding Accuracy Support System (CASS) and the National Change of Address database (NCOA) prior to mailing. The USPS requires a signed NCOALink Processing Acknowledgement Form (PAF) from the owner of each list processed. When you use the Zairmail service you give us (or our agents) permission to complete, sign, and retain a copy of this form physically or electronically on your behalf. You understand and agree that the sole purpose of the NCOALink service is to provide a mailing list correction service that will be used for preparation of mailings. Furthermore, you understand and agree that NCOA Link may not be used to create or maintain new mover lists.
YOUR CONTENT AND INFORMATION
All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") you upload, post, or create using this website, are solely your responsibility. You are required to evaluate and bear all risks associated with the use of any of your Content, including the accuracy, completeness, graphic image clarity, or usefulness/effectiveness of the Content. We are NOT responsible for the quality of printed images if you submit low resolution (less than 300 dpi) artwork. Please review your online proof carefully before you submit your order. We will produce exactly what you approve and submit. You or your licensors are the owners of your Content. We act merely as a passive conduit for your online composition, creation, printing, and mailing of your Content.
There is NO guarantee that your campaign will be successful or generate new sales for your business even if Zairmail has provided a template, helped design your direct mail piece, supplied your list, or provided consultative or design services. You are responsible for evaluating the appropriateness of your list, your offer, and your creative, and you bear the full risk and responsibility for the results of your direct mail campaign. When in doubt we always recommend that you start with a small low-risk test campaign, test thoroughly to come up with a formula that works, and then increase the size/frequency of your campaigns. We are only responsible for producing and mailing/shipping what you have approved and submitted.
YOU AGREE TO COMPLY WITH ALL LAWS
When you use the Zairmail service in any way, including, but not limited to, creating, printing and mailing correspondence, you will comply at all times with all applicable federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity. You acknowledge that it is a violation of law and that you may be charged with a crime if any mail piece created or mailed by you contains: (i) child pornography or anything that is indecent, obscene, lewd, lascivious, indecent, filthy, or vile; (ii) a threat to kidnap or injure a person, a threat to injure the property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States. Your correspondence will be mailed by the U.S. Postal Service, which may take action against you if it believes that mailing the correspondence violates any U.S. law.
You agree to indemnify and hold Zairmail , and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys' fees, due to or arising out of Your Information, your Content, your use of this website, the use of this website by any person who uses this website while logged on using your account, your default under any provision in this User Agreement, your violation of any laws and your violation of any rights of another person.
MODIFICATIONS TO SERVICE
Zairmail reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this website (or any part thereof) with or without notice. You agree that Zairmail shall not be liable to you or to any third party for any modification, suspension or discontinuance of this website.
Zairmail , in its sole discretion without notice to you, may terminate your access and your use of this entire website, or your use of any feature of this website, and remove and discard any of your Personal Account Information and your Content stored on the website, for any reason or for no reason, including, without limitation, for lack of use or if Zairmail believes that you have violated or acted inconsistently with the letter or spirit of this User Agreement. Zairmail may also in its sole discretion and at any time without notice discontinue providing the website, or any part thereof, without notice. Zairmail will not be liable to you or any third-party for any suspension or termination of your access to this website or your Content.
This website may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Zairmail has no control over such sites and resources, you acknowledge and agree that Zairmail is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Zairmail shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that this website and any necessary software used in connection with it ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements, mailing lists purchased, or information presented to you on this website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Zairmail , advertisers, or business partners, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this website or the Software in any form.
Zairmail grants you a personal, non-transferable and non-exclusive right and license to use the object code (and visible source code) of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to this website. You agree not to access this website by any means other than through the interface that is provided by Zairmail for use in accessing the website.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THIS WEBSITE WILL MEET YOUR EXPECTATIONS, AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OR FROM THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THIS WEBSITE; (2) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS WEBSITE; OR (5) ANY OTHER MATTER RELATING TO THIS WEBSITE. OUR LIABILITY, AND THE LIABILITY OF OUR PARTNERS, PRINTERS, SUPPLIERS, AND VENDORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (1) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS BEFORE THE ACTION GIVING RISE TO LIABILITY, OR (2) $250. WE ARE NOT RESPONSIBLE FOR FUNDS THAT ARE GIVEN TO THE UNITED STATES POSTAL SERVICE (USPS) TO MAIL YOUR PROJECT OR FUNDS GIVEN TO OTHER CARRIERS TO DELIVER YOUR ORDER. THESE FUNDS ARE NEVER ELIGABLE FOR A REFUND UNLESS THE USPS OR THE CARRIER OFFER TO PROVIDE ONE DIRECTLY TO YOU.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE PRECEDING TWO SECTIONS MAY NOT APPLY TO YOU.
Notices from us to you and from you to us may be given by either email or regular mail. Notice is deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. If we use the U.S. mail to send you a notice, the notice will be deemed given 3 days after the date of mailing. This website may also provide notices of changes to the User Agreement or other matters by displaying notices or links to notices to you generally on the website.
Zairmail respects the intellectual property rights of others and we ask our users to do the same. The names Cendix, Zairmail , eLetter, Launchpoint, and Speedgreetings may not be used in ANY form without the explicit written consent of Cendix.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. This User Agreement constitutes the entire agreement between you and Zairmail and governs your use of this website. This User Agreement supersedes any prior agreements between you and Zairmail . You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. The User Agreement and the relationship between you and Zairmail will be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and Zairmail agree to submit to the personal and exclusive jurisdiction of the courts located in Portland, Oregon. The failure of a party to exercise or enforce any right or provision of this User Agreement will not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or the User Agreement must be filed within one year after such claim or cause of action arose or be forever barred. The section titles in the User Agreement are for convenience only and have no legal or contractual effect. 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. 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 Web site is provided by Zairmail (Powered by Cendix) located at:
5 Centerpointe Dr # 400
Lake Oswego, OR 97035-8661
If you have any questions or comments about the Zairmail User Agreement contact us at firstname.lastname@example.org.