Terms and Conditions
Endicia Web Client Terms of Use Agreement
Date Last Revised: March, 2017
This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site (“Endicia Web”), as owned and operated by PSI Systems, Inc., D/B/A Endicia, a California corporation (“Endicia”).. By using Endicia Web you agree to be bound by the terms and conditions of this Agreement, the Endicia Privacy Policy, and, as applicable, the Endicia PC Postage Terms and Conditions, as they may be amended from time to time in the future (see “Modifications” below).
1. Accepting the Terms
By using the information, tools, features and functionality located on Endicia Web (together the “Web Service”), you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Endicia Web) or you are a “PC Postage Service Customer” (which means that you have registered with Endicia and have agreed to the Endicia PC Postage Terms and Conditions). The term “you” or “User” refers to a Visitor or a PC Postage Service Customer. The term “we” refers to Endicia. You may not use the Web Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with Endicia.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
2. Privacy and your Personal Information
For information about Endicia’s privacy practices, please read Endicia’s Privacy Policy, which is hereby incorporated into this Agreement. This policy explains how Endicia treats your personal information when you access Web Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
3. Description of the Web Service
The Endicia Web Service is a web-based service allowing certain limited PC Postage services.
4. Endicia Offers and Third-Party Links
Some parts of Endicia Web or the Web Service may display Endicia Offers that may be custom matched to you based on information stored in the Web Service, queries made through the Web Service or other information.
In connection with Endicia Offers, the Endicia Web Service may provide links to other web sites belonging to Endicia advertisers and other third parties. Endicia does not endorse, warrant or guarantee the products or services available through the third party Endicia Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Endicia is not an agent or broker or otherwise responsible for the activities or policies of those web sites.
5. Use of the Web Service
Your access and use of Endicia Web may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Endicia Web, the Web Service or other actions that Endicia, in its sole discretion, may elect to take.
6. Endicia’s Intellectual Property Rights
Copyright 2011-2017 Endicia. All rights reserved. Endicia and the Endicia logo are trademarks or registered trademarks of Endicia. All other brands and names are property of their respective owners.
The contents of Endicia Web and the Web Service, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of Endicia Web and the Web Service belongs to Endicia or its software or content suppliers. Endicia grants you the right to view and use the Web Service subject to these terms.
7. Access and Interference
You agree that you will not:
Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Endicia Web or any portion of the Web Service, without Endicia’s express written consent, which may be withheld in Endicia’s sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search Endicia Web, other than the search engines and search agents available through the Web Service and other than generally available third-party web browsers (such as Microsoft Explorer);
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of Endicia Web or the Web Service; or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Endicia Web or the Web Service.
8. Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH ENDICIA WEB OR PROVIDED THROUGH THE WEB SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. ENDICIA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF ENDICIA WEB OR OF THE WEB SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SERVICE IS AT YOUR SOLE RISK.
ENDICIA MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON ENDICIA WEB OR OF THE WEB SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ENDICIA MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE WEB SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
9. Limitations on Endicia’s Liability
ENDICIA SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO ENDICIA WEB, YOUR USE OF THE WEB SERVICE OR THIS AGREEMENT, EVEN IF ENDICIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ENDICIA’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
10. Your Indemnification of Endicia
You shall defend, indemnify and hold harmless Endicia and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
11. Modifications
Endicia may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Endicia Website. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Web Service after those changes are posted.
12. Governing Law and Forum for Disputes
This Agreement, and your relationship with Endicia under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with Endicia, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Los Angeles, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Endicia may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Endicia is able to offer the Web Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.
You also acknowledge and understand that, with respect to any dispute with Endicia, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:
YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
13. Miscellaneous
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
You agree that if Endicia does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Endicia has the benefit of under any applicable law), this will not be taken to be a formal waiver of Endicia’s rights and that those rights or remedies will still be available to Endicia and its parent Stamps.com, Inc., a Delaware corporation. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
This Agreement represents the entire understanding and agreement between you and Endicia regarding the subject matter of the same, and supersedes all other previous agreements.