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1. Acceptance of contract terms. |
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The following are terms of an agreement between you and Pitney Bowes Inc. and its subsidiaries and affiliates (collectively "Pitney Bowes"). By accessing, browsing or using the pitneyworks.com site ("Site"), you acknowledge that you have read, understood and agree to be bound by these terms and the terms of our privacy policy. If you do not agree to these terms and/or to the terms of the privacy policy, please do not use the Site. Users should check these terms of use and the privacy policy periodically. By accessing, browsing or using the Site after these terms of use and/or the privacy policy are revised, you agree to accept those revisions. Certain Pitney Bowes products and services available through the Site may have their own terms of use. In the event of any conflict between these terms of use for the Site and the terms of use for any Pitney Bowes product or service, the terms of use for the Pitney Bowes product or service will control. |
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2. Users. |
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Users agree to provide the Site with accurate information in connection with the purchase of any product purchased or obtained via the Site and in connection with the ClickStamp® Online registration process ("User Information") and to maintain and update such User Information as necessary. |
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3. The Site. |
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Pitney Bowes reserves the right, in its sole discretion, to modify and/or discontinue any part of the Site or any services or products offered via the Site at any time, with or without notice. |
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4. Links to Other Sites. |
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The Site may contain links to other sites hosted and/or maintained by third parties. Pitney Bowes shall not be responsible for the content of any third party sites that may be linked to or from pitneyworks.com. These links are provided for your convenience, and you use them at your own risk. A link to a third party site is not an endorsement of any third party site or service, nor does Pitney Bowes assume any responsibility or liability for the content or use of any third party site or any third party's products and/or services. |
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5. Software |
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Certain software ("Software") that you may download from the Site, including but not limited to ClickStamp® Online and DirectNetSM document templates, are the copyrighted work of Pitney Bowes. Your use of the Software is governed by the terms of any end user license agreement which accompanies the online download process. You may use the Software only in accordance with the terms of any accompanying license agreement, and you are prohibited from using, reproducing, copying, in whole or in part, distributing, decompiling, decrypting, reverse engineering, disassembling, displaying, downloading, storing, transmitting, distributing, selling or otherwise commercially exploiting any part of the Software. Any third party software you may download via the Site is subject to the terms and conditions of the third party's license agreement with you, if any. |
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6. Indemnification. |
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You agree to indemnify and hold harmless Pitney Bowes, its subsidiaries and affiliates, and their respective officers, employees and agents, from any and all third party claims or demands, including reasonable attorney's fees, arising out of your use of the Site, your breach of these terms of service and/or your infringement of any intellectual property right(s). |
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7. Disclaimer and Limitation of Liability. |
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Pitney Bowes assumes no liability for any errors or omissions contained on or in the Site. The Site is offered to you on an "As Is" basis without a warranty of any kind, either express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose. PITNEY BOWES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS OR LOST POSTAGE, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE EVEN IF PITNEY BOWES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PITNEY BOWES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED ONE DOLLAR ($1.00). |
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8. Trademarks and Copyrights. |
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All trademarks and service marks owned by Pitney Bowes, its affiliates and/or subsidiaries appearing herein may not be used or reproduced without the written permission of Pitney Bowes, except as provided by applicable trademark law. Any authorized uses of the Marks must comply with Pitney Bowes' trademark usage guidelines. All third party trademarks on the Site are the property of their respective owners and are used with the owners' permission. All copyrightable material ("Material") on the Site, including but not limited to the arrangement and presentation of materials on the Site, is copyrighted by Pitney Bowes and is protected by United States copyright laws. The Material may not be used and/or reproduced without the written permission of Pitney Bowes. The Site may contain the copyrighted material of a third party, and such third party material is used with the owner's permission. Pitney Bowes will enforce its intellectual property rights to the fullest extent permitted under the law. |
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9. Waiver. |
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Pitney Bowes' failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder. |
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10.Choice of Law and Jurisdiction. |
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The validity and interpretation of this Agreement and the legal relations of the parties to it shall be governed by the laws of the State of Connecticut, without regard to its conflict of laws principles. In the event of a dispute, the parties hereto agree to consent to the exclusive jurisdiction of the state and federal courts of the State of Connecticut. |
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