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Terms of Service

In order to use the RealMailers.com web application (the "Application" or "Website") or make use of the services (the "Service" or "Services"), provided by Real Mail LLC ("RealMailers", "We", or "Us"), you (hereinafter referred to as "You," "Your," and 'Yours") must first read this agreement (the "Agreement") and accept it. You may not avail Yourself of the Application or Services if You do not accept this Agreement and the terms therein. You accept the terms of the Agreement by clicking to accept, by agreeing to the terms of the Agreement in the user interface, or by using the Application or Services. In the latter case, You understand and agree that we will treat Your use of the Services as acceptance of the terms from that point onwards. BY USING THE APPLICATION OR SERVICES YOU CONSENT TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE PLEASE DO NOT USE THE APPLICATION AND/OR SERVICES.

By using the Application or Services, You represent that You have read and agree to the terms and conditions of this Agreement, which also include and incorporate RealMailers.com Privacy Policy. These terms and conditions will remain in effect throughout Your use of the Application and Services. These terms and conditions are legally binding should You choose to register for the Application or Service. You may not use the Application or Services and may not accept the terms if (a) You are not of legal age to form a binding contract with us, or (b) You are a person barred from receiving the Services under the laws of the United States or other countries including the country in which You are resident or from which You use the Services.

If You are accepting on behalf of Your employer or another entity, You represent and warrant that: (i) You have full legal authority to bind your employer, or the applicable entity, to these terms of service; (ii) You have read and understand this Agreement; and (iii) You agree, on behalf of the party that You represent, to this Agreement. If You don't have the legal authority to bind Your employer or the applicable entity, please do not use the Application or Services. We reserve the right to change these Terms of Service from time to time without notice by posting them to the Website. When we do, we will also revise the "last update" date of these Terms of Service. Your continued use of the Service after such posting will constitute acceptance by You of such amendments.

1. Grant of Rights to Use Services

1.1 To take advantage of many of the Services, You must register for an account. You must provide accurate and complete information and keep Your account information updated. By registering, You represent and warrant that You are providing accurate and complete information and that You will keep Your account information updated. You are responsible for the activity that occurs on Your account, and for keeping Your account password secure. You will be held liable for losses or damages incurred by You or us due to someone else using Your user name, ID, password, or other information which provides access to the Services. You must notify us immediately of any breach of security or unauthorized use of Your Account.

1.2 Subject to Your acceptance of and compliance with this Agreement, RealMailers hereby grants You a limited, non-exclusive, non-transferable, non-sublicenseable, revocable right and license during the Term of this Agreement under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless explicitly stated otherwise, any new features provided by RealMailers that augment or enhance the current Services shall also constitute "Services" and shall be subject to these terms and conditions. You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. You may not allow any unauthorized third party to access the Services for any purpose whatsoever. All rights not expressly granted under this Agreement are retained by RealMailers.

1.3 We may make available to You, for Your use in connection with the Services, from time to time, a variety of software, data and other content and printed and electronic documentation (the "RealMailers Properties"). Subject to Your acceptance of and compliance with this Agreement, ongoing compliance with its terms and conditions with respect to the subject Service and payment if and as required for Your right to use the subject Service, RealMailers hereby grants to You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the Term of this Agreement under our intellectual property rights in the RealMailers Properties only use the RealMailers Properties solely in connection with and as necessary for Your use of such Services, solely in accordance with the terms and conditions of this Agreement.

1.4 You may not, and may not attempt to, reverse engineer, disassemble, or decompile the Application or the Services or apply any other process or procedure to derive the source code of any software or data accessible to you by the use of the Application and Services.

2. Term, Termination and Suspension

2.1 The term ("Term") of this Agreement will commence once You accept this Agreement as provided above. The Agreement will remain in effect until terminated by You or RealMailers in accordance with this Section 2.

2.2 You may terminate this Agreement for any reason or no reason at all, at Your convenience, by closing Your account for any Service for which we provide an account closing mechanism.

2.3 We may suspend Your right and license to use any or all Services or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to You), for any reason or for no reason, at our discretion at any time with or without advance notice.

3. Security

3.1 We strive to keep information You provide to us secure, but cannot guarantee that we will be successful at doing so. You acknowledge that You bear sole responsibility for adequate security, protection and backup of Your content. We strongly encourage You, where available and appropriate, to use encryption technology to protect Your content from unauthorized access and to routinely archive Your content. We will have no liability to You for any unauthorized access or use, corruption, deletion, destruction or loss of any of Your content.

4. Intellectual Property

4.1 Other than the limited use and access rights and licenses expressly set forth in this Agreement, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to any technology, software and data that we provide or use to provide the Services. You do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in the Services, Application, any technology, software, or data, except for the limited use and access rights described in this Agreement.

4.2 In the event You elect, in connection with any of the Services, to communicate to us suggestions for improvements to the Services or the Application (collectively, "Feedback"), we shall own all right, title and interest in and to the same, even if You have designated the Feedback as confidential, and we shall be entitled to use the Feedback without restriction. Furthermore, any other content or information You post or provide to RealMailers via comments, support chat, emails and the like (collectively, "Communications") shall be considered the property of RealMailers. You hereby irrevocably assign all right, title and interest in and to the Feedback and Communications to us and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback and Communications.

4.3 During and after the Term of the Agreement, with respect to any of the Services that You elect to use, You will not assert, nor will You authorize, assist or encourage any third party to assert, against us or any of our customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of us), sub-licensees or transferees, any patent infringement or other intellectual property infringement claim with respect to such Services.

5. Representations and Warranties; Disclaimers; Limitations of Liability

5.1 You represent and warrant that: (i) the information You provide in connection with Your registration for the Services is accurate and complete; (ii) You are duly authorized to do business in the jurisdiction where You operate; and (iii) You are an authorized representative of Your entity duly authorized to access the Services and to legally bind You to this Agreement and all transactions conducted under Your account.

5.2 REALMAILERS SERVICES AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, CONTENT, IMAGES, MATERIALS AND OTHER DATA OR INFORMATION PROVIDED BY US OR OUR LICENSORS IN CONNECTION THEREWITH (COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS." WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES AND APPLICATION. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES OR APPLICATION WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, FREE OF HARMFUL COMPONENTS OR THAT THE DATA YOU STORE WITHIN THE SERVICES WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. WE AND OUR LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR APPLICATION INTERRUPTIONS, INCLUDING, WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

6. Indemnification

6.1 You agree to indemnify, defend and hold us, our affiliates and licensors, each of our and their business partners (including third party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorney's fees), arising out of or in connection with any claim arising out of your use of the Services and/or the Application.

7. Disputes

7.1 Notwithstanding anything to the contrary, we may seek injunctive or other relief in any state, federal or national court of competent jurisdiction for any actual or alleged infringement of RealMailers' or any third party's intellectual property rights and/or proprietary rights. You further acknowledge that our rights in the Services and the Application are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

7.2 By using the Services and the Application, You agree that the laws of the State of New York, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between You and us.

7.3 Arbitration. YOU AND REALMAILERS BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND THE PROCEDURES MAY BE DIFFERENT, BUT AN ARBITRATOR CAN AWARD YOU THE SAME DAMAGES AND RELIEF, AND MUST HONOR THE SAME TERMS IN THIS AGREEMENT, AS A COURT WOULD. IF THE LAW ALLOWS FOR AN AWARD OF ATTORNEY'S FEES, AN ARBITRATOR CAN AWARD THEM TOO. YOU AND REALMAILERS ALSO BOTH AGREE THAT:

7.3.1 THE FEDERAL ARBITRATION ACT APPLIES TO THIS AGREEMENT. ANY DISPUTE THAT IN ANY WAY RELATES TO OR ARISES OUT OF THIS AGREEMENT OR FROM ANY SERVICES YOU RECEIVE FROM US WILL BE RESOLVED BY ONE OR MORE NEUTRAL ARBITRATORS BEFORE THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). YOU CAN ALSO BRING ANY ISSUES YOU MAY HAVE TO THE ATTENTION OF FEDERAL, STATE OR LOCAL GOVERNMENT AGENCIES, AND IF THE LAW ALLOWS, THEY CAN SEEK RELIEF AGAINST US FOR YOU.

7.3.2 UNLESS YOU AND REALMAILERS AGREE OTHERWISE, THE ARBITRATION WILL TAKE PLACE IN NEW YORK CITY, NEW YORK.

7.3.3 THIS AGREEMENT DOESN'T ALLOW CLASS OR COLLECTIVE ARBITRATIONS EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. NO CLASS OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL THEORIES OF LIABILITY OR PRAYERS FOR RELIEF MAY BE MAINTAINED IN ANY ARBITRATION HELD UNDER THIS AGREEMENT.

7.3.4 IF EITHER YOU OR REALMAILERS INTENDS TO SEEK ARBITRATION UNDER THIS AGREEMENT, THE PARTY SEEKING ARBITRATION MUST FIRST NOTIFY THE OTHER PARTY OF THE DISPUTE IN WRITING AT LEAST 30 DAYS IN ADVANCE OF INITIATING THE ARBITRATION. NOTICE TO REALMAILERS SHOULD BE SENT AS REQUIRED BY THIS AGREEMENT. THE NOTICE MUST DESCRIBE THE NATURE OF THE CLAIM AND THE RELIEF BEING SOUGHT. IF YOU AND REALMAILERS ARE UNABLE TO RESOLVE OUR DISPUTE WITHIN THIRTY (30) DAYS, EITHER PARTY MAY THEN PROCEED TO FILE A CLAIM FOR ARBITRATION.

7.3.5 AN ARBITRATION AWARD AND ANY JUDGMENT CONFIRMING IT APPLY ONLY TO THAT SPECIFIC CASE; IT CAN'T BE USED IN ANY OTHER CASE EXCEPT TO ENFORCE THE AWARD ITSELF.

7.3.6 IF FOR SOME REASON THE PROHIBITION ON CLASS ARBITRATIONS SET FORTH IN SUBSECTION 8.3.3 CANNOT BE ENFORCED, THEN THE AGREEMENT TO ARBITRATE WILL NOT APPLY.

7.3.7 IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND REALMAILERS AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND REALMAILERS UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT. YOU AND REALMAILERS ALSO AGREE THAT ANY DISPUTE HEREUNDER SHALL BE ADJUDICATED IN ANY STATE OR FEDERAL COURT IN NEW YORK CITY, NEW YORK, AND YOU CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN SUCH COURTS.

Last Updated May 2nd, 2020