Acceptance of the Terms of Use


Welcome to the Pitney Bowes EveryDoorDirectMail.com site (the “Website”). Through the Website, Pitney Bowes Inc., a Delaware corporation (“PB” also referred to herein as “we” or “us”) provides customers with the ability to configure, order and ship direct mail materials including Every Door Direct Mail ® (EDDM®).

The following terms and conditions (“Terms of Use”), together with our privacy policy at http://www.pitneybowes.com/us/legal/privacy-statement.html (“Privacy Policy”), govern your access to and use of the Website, including any content, functionality and services offered on or through the Website, whether as a guest or a registered user.

Please read the Terms of Use and the Privacy Policy carefully before you start to use the Website. By using the Website or the EDDM service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or the EDDM service and you should cancel any open orders immediately by contacting us.
 
Direct Mail Services

We cannot guarantee results from a direct mail campaign or that your materials will be delivered by the United States Postal Service (“USPS”).  All campaigns include printing, production, setup fees, and delivery to a certified US Post office facility.  You acknowledge that our responsibility is limited to preparing mail pieces and completing delivery to the USPS. You acknowledge that we shall not be liable for USPS performance failures or delivery delays.  An order shall be deemed complete upon PB obtaining a statement from the USPS verifying the mailing, or a bill of lading or any other evidence that the order has been completed.

For personalized mail, you should expect your mailing list and direct mail campaign to have an undeliverable mail volume (Return Rate) in accordance with industry averages.  PB uses the widely-accepted industry average Return Rate of 10% to 12% (for undeliverable names and addresses).  PB will not consider or review any Return Rate refund or replacement request where the Return Rate is 12% or less. PB will consider Refund Rate refund or replacement request where Return Rate is more than 12%. Any Return Rates caused by your provision of incorrect or incomplete address information will not be eligible for any refund.
 
Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
 
Content and Intellectual Property Ownership

The information published on or through the Website may include data, text, software, scripts, images, graphics, photographs, pre-designed templates, video recordings, audio recordings, audiovisual combinations, and other interactive or similar materials (the “Content”), provided by PB, or its third party licensors or suppliers (“Third Party Licensors”). The Content contains trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are held by PB and the Third Party Licensors, and all such proprietary material is protected by law, including, without limitation, U.S. trademark and copyright laws and international treaty provisions.

The “look and feel” of the Service (including color combinations, text, images, the names and logos, button shapes, layout, design compilation and presentation of information and all other graphical elements, other than those owned or licensed by Third Party Licensors) are also PB's trademarks and/or copyrights, as the case may be.

The Content on all pages of the Website is provided solely for the use of customers to interact with PB and may not be used by you, or any other person or entity, or for any other purpose. Users do not receive any copyright in or to the Content itself. Neither your use of the Content nor the creation of products or materials using such Content creates joint authorship, joint ownership or “works made for hire” in or regarding such Content.

You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any Content, except as expressly permitted under these Terms of Use, without the prior written consent of PB, the relevant Third Party Licensor or other legal owner of such Content.

Any unauthorized use of Content accessed through the Website may constitute trademark or copyright infringement, unfair competition, or other potential state or federal causes of action, as applicable, which could subject the user to substantial civil penalties, damages or other relief. The deletion or alteration of any copyright, trademark or other proprietary notices used or displayed through the Website is strictly forbidden. All rights not expressly granted under these Terms of Use are reserved.
 
Trademarks

The term Pitney Bowes and the PB logo and all related names, logos, product and service names, designs and slogans are trademarks of PB, or its affiliates or licensors (the “PB Marks”). You must not use the PB Marks without prior written permission from PB. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
 
Restrictions on User Material; Indemnification

In using the EDDM service, you agree not to order for print, upload, download, post, e-mail or otherwise transmit or communicate any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this Website or otherwise (“User Material”) that constitutes:


You agree that you are solely responsible for confirming that any User Material for which you submit an order may be legally possessed and used in the state, province or territory where you reside or where you intend to use the User Material and that any individuals whose images you have included in the User Material have given their permission for such use and that all such User Material meets all of the requirements set forth in this Agreement. Your submission of purchase instructions for a product or service shall constitute your representation and warranty to us that the User Material meets these requirements. We shall have the right, but not the obligation, to review the User Material you submit to determine its suitability for the EDDM service and compliance with these terms.

In addition, if you violate these restrictions on User Material and you publicize such violation, you acknowledge that PB and its Third Party Licensors will suffer substantial damage to their respective reputations and goodwill and that you will be liable for any resulting damage, including consequential and indirect damages and that PB and its Third Party Licensors shall be entitled to injunctive relief. You further agree to indemnify, defend and hold PB and its Third Party Licensors, and their respective officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives harmless from and against any and all claims, damages, losses, costs and expenses (including attorneys' fees) that arise directly or indirectly from: (a) your breach of any provision of the Website terms of use; (b) any and all materials you provide constituting infringing materials; or (c) any of your activities conducted in connection with the EDDM service and/or the Website.
 
Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:


To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to information provided through the use of any interactive features on the Website, is governed by the Privacy Policy, and you consent to all actions we take with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
 
Terms of Sale

Except as expressly provided otherwise, all sales are final.

No refunds are available on orders after an order has been placed unless art files have NOT been uploaded to the site, submitted to customer service or sent to press, or in the event of a defective product as described below. On jobs that meet the above criteria, you must contact PB at support@pbdirectmarketing.com within 30 days to request your refund. Any refund requests approved after 30 days will be issued as a credit toward the next order.

All refunds are subject to a 5% processing fee.

You acknowledge that PB may place and print a small code on a customer's print piece to help ensure accurate processing.
If a direct mail balance payment declines and is unable to be processed within 3 business days of your mail drop date, your pieces will be held and re-prepped for the next available drop date once your payment clears. A $25 per thousand pieces re-prep fee will be charged.

PB cannot take responsibility for typing, image quality, or design errors on user-submitted artwork.
You must notify PB within 6 business days of order acceptance of any damage discovered in the ordered product or the claim will be denied.

PB guarantees prints will not be defective in accordance with print industry standards. If a print is found to be defective, then you may contact PB for a reprint or other compensation. PB must be contacted IN WRITING via an email to support@pbdirectmarketing.com within 6 business days of receiving your order. Samples of the defective merchandise must be provided to PB prior to any resolution. If the product is deemed defective, PB will provide compensation within thirty (30) days.

All charges related to shipping are NOT REFUNDABLE.

All deposits received are non-refundable 90 days after receipt.

Gang Run Printing

Our service provider uses gang run printing. A gang-run is the method of producing print jobs for clients that lowers costs by printing several print jobs together on the same print run, thus spreading the cost of the printing amongst all jobs on the form. ALL gang run printing is subject to a 10% color variance. This is a standard commercial printing variance and meets customer satisfaction requirements for 99% of the work. HOWEVER, if a job is color critical, then the necessary attention it needs cannot be attained in a gang-run format. Therefore, the job must be printed by itself without the discounted price of gang-run printing. Color critical jobs require a dedicated run where the press is calibrated specifically to that run and job rather than a gang-run with other print jobs.
 
Disclaimer of Warranty

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE ARE AT YOUR SOLE RISK.

PB may provide links or references to Internet sites maintained by third parties through the Website. PB does not operate or control, and has no right or ability to modify or edit, in any respect any information, products or services provided on these third-party sites. PB assumes no responsibility for, and provides no warranty whatsoever with respect to, the content, privacy policies or practices of such third-party sites.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE, PB PROVIDES THE WEBSITE, AND ANY CONTENT PUBLISHED THEREIN, ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PB, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS AND OTHER PARTNERS DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, NONINFRINGEMENT, ACCURACY OF DATA OR CONTENT, DATA OR CONTENT SECURITY, AND ADEQUACY FOR ANY PARTICULAR USE, FUNCTIONALITY OR PRODUCTIVENESS, REGARDING THE WEBSITE, ITS CONTENT, OR ANY THIRD PARTY WEB SITES (AND THEIR RESPECTIVE CONTENT) LINKED TO THE WEBSITE. NOTHING IN THESE TERMS OF USE WILL IMPLY THAT ANY COMMUNICATIONS PROVIDED TO OR THROUGH THE WEBSITE OR THIRD PARTY WEB SITES (THROUGH LINKS PROVIDED THROUGH THE WEBSITE), WILL BE ACCURATE OR SECURE, THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED AT A CERTAIN TIME. YOU HEREBY ASSUME THE ENTIRE RISK ASSOCIATED WITH USE OF THE WEBSITE, RESULTS OBTAINED, AND PERFORMANCE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS OF USE.

PB DOES NOT ENDORSE, WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR PROMOTED THROUGH THE WEBSITE BY ANY THIRD PARTY, INCUDING WITHOUT LIMITATION, ANY THIRD PARTY LICENSORS OR REGISTERED AND NON-REGISTERED USERS OF THE WEBSITE.
 
Limitation of Liability

IN NO EVENT SHALL PB, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS HAVE ANY LIABILITY TO YOU UNDER THESE TERMS OF USE FROM THE USE (OR ATTEMPTED USE) OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PB, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS AND OTHER PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF ANTICIPATED BENEFITS, LOSS OF BUSINESS INFORMATION OR DATA, CORRUPTION AND THE LIKE), ERRORS, MISTAKES OR INACCURACIES IN ANY CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, UNAUTHORIZED ACCESS TO THE WEBSITE OR TO PERSONALLY IDENTIFIABLE INFORMATION OR FINANCIAL INFORMATION STORED ON OUR SERVERS, ANY INTERRUPTION OR TERMINATION OF THE WEBSITE OR YOUR ACCESS TO THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEB SITE LINKED THROUGH THE WEBSITE, ARISING OUT OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF PB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU ARE ENTIRELY LIABLE FOR ACTIVITIES CONDUCTED BY YOU OR ANYONE ELSE IN CONNECTION WITH YOUR VISITING AND USE OF THIS WEBSITE AND YOU ACKNOWLEDGE THAT PB SHALL NOT BE LIABLE FOR ANY CONTENT ACCESSED OR AVAILABLE THROUGH THE WEBSITE, OR COMMUNICATIONS TRANSMITTED, DISTRIBUTED, POSTED, OR OTHERWISE MADE AVAILABLE TO OR THROUGH THE WEBSITE, FOR ANY REASON WHATSOEVER.

IF YOU ARE DISSATISFIED WITH THE WEBSITE AND/OR ANY CONTENT PROVIDED THROUGH THE WEBSITE, OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE AND CONTENT.

The Website is controlled and offered from facilities in the United States. PB makes no representation that the Website is appropriate or available in other locations. Any access to the Website by you from jurisdictions other than the United States may be subject to compliance with local law, for which you are solely responsible.
 
Termination

These Terms of Use are effective until terminated by PB, which PB may do at any time without notice for any reason. In the event of termination, you are no longer authorized to access or use the Website. The applicable restrictions imposed on you with respect to material downloaded from the Website, indemnification obligations, and the disclaimers and limitations of liabilities set forth in these Terms of Use shall survive such termination.
 
Governing Law and Venue

You agree and acknowledge that the Website shall be deemed a passive site that shall not give rise to personal jurisdiction over PB in any jurisdiction other than the State of Connecticut.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Connecticut without giving effect to any principles or conflicts of law. Any claim, cause of action or proceeding arising from these Terms of Use or the conduct of the parties hereunder shall be commenced and maintained solely in the courts of Fairfield County and of the United States District Court for the District of Connecticut, to the extent such court has subject matter jurisdiction, and you irrevocably consent to personal jurisdiction and venue in any such court.
 
Waiver of Jury Trial

You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms of Use, the Privacy Policy or the Website.

If a dispute (other than a dispute involving an actual or threatened violation of our intellectual property rights or the intellectual property rights of our affiliates and Third-Party Licensors) arises under these Terms of Use, we agree to first try to resolve it with the help of a mutually agreed-upon mediator located in Fairfield County, Connecticut. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in Fairfield County, Connecticut, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
 
Contact Information


Should you have any questions concerning these Terms of Use, or the Privacy Policy, you may contact us at DataProtection@pbdirectmarketing.com . 
 
Notification of Copyright Infringement

If you believe in good faith that your copyrighted work has been reproduced on our Website without authorization in a way that constitutes copyright infringement, you may notify us at DataProtection@pbdirectmarketing.com . Any personal information you provide in your notice will be used only for purposes related to your notice.]
 
Miscellaneous

These Terms of Use, together with the Privacy Policy and any updates, modifications or amendments to same, as well as any other legal notices provided or displayed through the Website, shall constitute the entire agreement between PB and you regarding your use of the Website.

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Any failure by PB to exercise or enforce any legal right or remedy set forth in these Terms of Use, or otherwise under applicable law, shall not be deemed a waiver of our rights or remedies, which shall remain available to PB.

The rights granted to you under these Terms of Use may not be assigned to any third-party without the prior written consent of PB, in its sole discretion. These Terms of Use shall be binding upon you, your successors and approved assignees.

EVERY DOOR DIRECT MAIL®, EDDM®, EDDM RETAIL®, EDDM BMEU™, UNITED STATES POSTAL SERVICE®, U.S. POSTAL SERVICE®, USPS®, U.S. POST OFFICE®, POST OFFICE™, and ZIP CODE™ are trademarks of the United States Postal Service® and are used with permission under license.