Terms of Service

Please read these Terms carefully. By using PostalMethods or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and PostalMethods (“Agreement”). We’ll start with the basics, including a few
definitions that should help you understand these Terms. PostalMethods (“PostalMethods,” “we,” or “us”) is an online marketing platform (the “Service”) offered through the URL www.PostalMethods.com (we’ll refer to it as the “Website”) that allows you to, among other things, create, send, and manage certain marketing Letter/Postcard, including, without limitation, emails, advertisements, and mailings (each a “Campaign,” and collectively, “Letter/Postcard”). PostalMethods is a Texas limited liability company whose legal name is Anderton Group LLC d/b/a PostalMethods. PostalMethods has employees, independent
contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this Agreement (or “you”).

These Terms of Use (“Terms,” define the terms and conditions under which you’re allowed to use theService in accordance with the Agreement, and how we’ll treat your account while you’re a Member. If you don’t agree to these Terms, you must immediately discontinue your use of the Service.

If you have any
questions about our Terms, feel free to contact us.

ACCOUNT

1.
Eligibility

In order to use the Service, you
must:

1.  
be at least eighteen (18) years old and able to enter into
contracts;

2.  
complete the registration process;

3.  
agree to these Terms;

4.  
provide true, complete, and up-to-date contact and billing
information; and

5.  
not be based in Cuba, Iran, North Korea, Syria, or any other
country that is subject to a U.S. government embargo, or that has been
designated by the U.S. government as a “terrorist-supporting” country.

By using the Service, you
represent and warrant that you meet all the requirements listed above, and that
you won’t use the Service in a way that violates any laws or regulations. Note
that by representing and warranting, you are making a legally enforceable
promise.

PostalMethods may refuse
service, close accounts of any users, and change eligibility requirements at
any time.

2. Term

When
you sign up for the Service and agree to these Terms, the Agreement between you
and PostalMethods is formed, and the term of the Agreement (the “Term”) will
begin. The Term will continue for as long as you have a PostalMethods account
or until you or we terminate the Agreement in accordance with these Terms,
whichever happens first. Entering your username and clicking the “Get Started”
button and means that you’ve officially “signed” and accepted the Terms. If you
sign up for the Service on behalf of a company or other entity, you represent
and warrant that you have the authority to accept these Terms and enter into
the Agreement on its behalf.

3. Closing Your Account

You or PostalMethods may terminate the Agreement at any time and
for any reason by terminating your PostalMethods account or giving notice to
the other party. We may suspend the Service to you at any time, with or without
cause. If we terminate your account without cause, and your account is a paid
account, we’ll refund a prorated portion of your monthly prepayment or
reimburse you for unused credits . We
won’t refund or reimburse you in any other situation, including if your account
is suspended or terminated for cause, like a breach or any violation of the
Agreement. If your account is inactive for 24 or more months, we may terminate
the account. Once your account is terminated, you acknowledge and agree that we
may permanently delete your account and all the data associated with it,
including your Letter/Postcard. Usernames are unique and can only be used once.
If your account has been terminated, the username will no longer be available
for use on any future accounts and cannot be reclaimed.

4. Changes

We may
change any of the Terms by posting revised Terms of Use on our Website and/or
by notifying you of the new Terms by sending an email
to the last email address you gave us or displaying prominent notice within the
Service. Unless you terminate your account within 10 days, the new Terms will be effective immediately and apply to any
continued or new use of the Service. We may change the Website, the Service,
Add-ons, or any features of the Service at any time, and we may discontinue the
Website, the Service, Add-ons, or any features of the Service at any time.

5. Account and Password

You’re
responsible for keeping your account name and password confidential. You’re
also responsible for any account that you have access to and any activity
occurring in such account (other than activity that PostalMethods is directly
responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll
immediately notify us of any unauthorized access or use of your accounts. We’re
not responsible for any losses due to stolen or hacked passwords that are
caused by or result from your negligence. We don’t have access to your current
password, and for security reasons, we may only provide you with instructions
on how to reset your password. We have the right to update any of your contact
information in your account for billing purposes. In addition, you represent
and warrant that all information you provide to us when you establish an
account, and when you access and use the Service, is and will remain complete
and accurate.

6. Account Disputes

We
don’t know the inner workings of your organization or the nature of your
personal relationships. You won’t request access to or information about an
account that’s not yours, and you’ll resolve any account-related disputes
directly with the other party. We decide who owns an account based on the
content in that account, and if multiple people or entities are identified in
the content, then we’ll rely on the contact and profile information listed for
that account. In cases where differing contact and profile information is
present, we’ll require you to resolve the matter through proper channels
outside of PostalMethods.

When a dispute is
identified, we may suspend any account associated with the dispute, including
disabling login and sending capabilities, to protect the security and privacy
of the data held within the account.

PAYMENT

8. Prepaid Plans

You must buy prepaid credits to use the Service. When prepaying,
you are considered a Member and all of these Terms
will apply to you. Credits for prepaid accounts roll over each month and don’t
expire, but if your account is inactive for more than 24 months, it may be
deleted.

9. Credit Cards

Anyone
using a credit card represents and warrants that they are authorized to use
that credit card, and that any and all charges may be
billed to that credit card.

10. Refunds

You
won’t be entitled to a refund from us under any circumstances. We may, at our
sole discretion, offer a refund if a Member requests one.

11. Charges for Add-Ons

If you
use an Add-on such as a reply envelope that has a charge, then you’ll be billed
that additional amount when you submit your letter.

12. Billing Changes

We may
change our fees at any time by posting a new pricing structure to our Website
and/or sending you a notification by email. Quoted fees don’t include sales or
other transaction-based taxes of any kind.

RIGHTS

13.
Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website and the
software used to provide the Service (proprietary rights include, but aren’t
limited to, patents, trademarks, service marks, trade secrets, copyrights, and
other intellectual property).

14. Proprietary Rights
Owned by You

You represent and warrant that you either own or have permission
to use all of the material, content, data, and
information (including your personal information and the personal information
of others) you submit to PostalMethods in the course of using the Service
(“Content”). You retain ownership of the Content that you upload to the
Service. We may use or disclose your Content (including any personal
information therein) only as described in these Terms, our Privacy
Policy

15. Privacy Policy

Your privacy is important to us. Please read our privacy policy for
information regarding how we collect, use, and disclose your Content and
personal information and protect your privacy when you use the Service.

16. Right to Review

We may
view, copy, and internally distribute Content from your Letter/Postcard and
account to create algorithms and programs (“Tools”) that help us spot problem
accounts and improve the Service. We use these Tools to find Members who
violate these Terms or laws and to study data internally to make the Service
smarter and create better experiences for Members and their contacts.

RULES
AND ABUSE

17.
General Rules

By
agreeing to these Terms, you promise to follow these rules:

PostalMethods doesn’t
allow accounts with the primary purpose of promoting or inciting harm toward
others or the promotion of discriminatory, hateful, or harassing Content. To
this end, we may suspend or terminate your account if you send a letter or
otherwise distribute any Content that we determine, in our sole discretion,
contains either of the following:

·        
A Threat of Physical Harm. This
means any statement, photograph, advertisement, or other Content that in our
sole judgment could be reasonably perceived to threaten, advocate, or incite
physical harm to or violence against others.

·        
Hateful Content. This
means any statement, image, photograph, advertisement, or other Content that in
our sole judgment could be reasonably perceived to harm, threaten, promote the
harassment of, promote the intimidation of, promote the abuse of, or promote
discrimination against others based solely on race, ethnicity, national origin,
sexual orientation, gender, gender identity, religious affiliation, age,
disability, disease, or immigration status.

We also may suspend or
terminate your account if we determine, in our sole discretion, that you are
either:

·        
an organization that has publicly stated or acknowledged that
its goals, objectives, positions, or founding tenets include statements or
principles that could be reasonably perceived to advocate, encourage, or
sponsor Hateful Content or A Threat of Physical Harm;

·        
a person that has publicly made a comment or statement, or
otherwise publicly made known a position, including by membership in an
organization as discussed above, that could be reasonably perceived as Hateful
Content or A Threat of Physical Harm; or

·        
a person or organization that has acted in such a way as could
be reasonably perceived to support, condone, encourage, or represent Hateful
Content or A Threat of Physical Harm.

If you violate any of
these rules, then we may suspend or terminate your account.

18. Reporting Abuse

If you think anyone is violating any of these Terms, please
notify us immediately. If you received a letter you think came from a PostalMethods
Member, please report it to our support team. If you think anyone has
posted material that violates any protected marks or copyrights, then you can
notify us at abuse@postalmethods.com.

19. Bandwidth
Abuse/Throttling

You may
only use our bandwidth for your PostalMethods Letter/Postcard. We may throttle
your sending or connection through our API at our discretion.

20. Compliance with Laws

You represent and warrant that your use of the Service will comply
with all applicable laws and regulations. You’re responsible for determining
whether the Service is suitable for you to use in light of
your obligations under any regulations like HIPAA, GLB, EU data privacy laws
(including the General Data Protection Regulation) (collectively, “EU Data
Privacy Laws”), United States export control laws and regulations and economic
sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or
other applicable laws. If you’re subject to regulations (like HIPAA) and you
use the Service, then we won’t be liable if the Service doesn’t meet those
requirements. You may not use the Service for any unlawful or discriminatory
activities, including acts prohibited by the Federal Trade Commission ActFair Credit Reporting ActEqual Credit Opportunity ActChildren’s Online Privacy Protection
Act
, or other laws that apply to commerce.

If you’re located in the European Economic Area, the United
Kingdom, or Switzerland (collectively, the “EEA”) and/or distribute Letter/Postcard
or other Content through the Service to anyone located in the EEA (each such
Member an “EEA Member”)
 in creating your letter distribution
list, sending Letter/Postcard via the Service, and/or otherwise collecting
information as a result of creating or sending Letter/Postcard,
you represent and warrant to PostalMethods that:

1.   You
will clearly post, maintain, and abide by a publicly accessible privacy notice
on the digital properties from which the underlying data is collected that
satisfies the requirements of applicable data protection laws, describes your
use of the Service, and includes a link to PostalMethods’s
Privacy Policy

2.  
You will get and maintain all necessary permissions and valid
consents required to lawfully transfer data to PostalMethods and to enable such
data to be lawfully collected, processed, and shared by PostalMethods for the
purposes of providing the Service or as otherwise directed by you.

3.  
You will comply with all laws and regulations applicable to the Letter/Postcard/postcards
sent through the Service, including those relating to (a) acquiring consents
(where required) to lawfully send Letter/Postcard, (b) the Content of Letter/Postcard,
and (c) your Campaign deployment practices.

4.   You
will provide and obtain all notices and obtain all necessary consents required
by applicable data protection laws to enable PostalMethods to deploy cookies
and similar tracking technologies (like web beacons or pixels) lawfully on and
collect data from the devices of contacts and end users of the Service in accordance
with and as described.

5.   You
will sign and return PostalMethods’s  Data
Processing Addendum which sets out your and PostalMethods’s
obligations with respect to data protections and security when processing
personal information. Once signed, the Data Processing Addendum will form part
of and be incorporated into the Agreement.

In addition, if you are
an EEA Member, you acknowledge and agree that we have your prior written
authorization to respond, at our discretion, to any data subject access
requests we receive from your contacts made under EU Data Privacy Laws, or,
alternatively, we may direct any such contacts to you so that you can respond
to the request accordingly.

You agree to indemnify
and hold us harmless from any losses, including all legal fees and expenses,
that result from your breach of this Section 20.

21. U.S. Export Controls

The
software that supports the Service (the “Software”) is subject to U.S. Export
Control Laws and Regulations. Export laws are set up by the government to keep
certain goods and services from reaching other countries, usually because of
security concerns or trade agreements. None of the Software may be downloaded
or otherwise exported or re-exported in violation of U.S. Export Control Laws
and Regulations and any other applicable export laws and regulations
(collectively, “Export Control Laws”). Therefore, you agree that you won’t,
directly or indirectly through a third party, allow the Software or your Letter/Postcard
to be accessed or generated from within, or distributed or sent to, any
prohibited or embargoed country as mentioned in any Export Control Laws. In
addition, you certify that neither you nor any principals, officers, directors,
or any person or entity you know to be directly involved with the use of the
Service is designated on any U.S. government list of prohibited or restricted
persons.

It’s important to note
that this Section 21 isn’t meant to provide a comprehensive summary of the
Export Control Laws that govern PostalMethods, the Service, or the Software.
You’re downloading and using the Software at your own risk, and it’s your
responsibility to consult with a legal advisor to make sure your use of the
Service and the Software complies with applicable laws.

LIABILITY

22.
Limitation of Liability

To the maximum extent permitted by law, you assume full
responsibility for any loss that results from your use of the Website and the
Service, including any downloads from the Website. We and our Team won’t be
liable for any indirect, punitive, special, or consequential damages under any
circumstances, even if they’re based on negligence or we’ve been advised of the
possibility of those damages. In any calendar month, our total liability to you
arising under or in connection with the
Agreement—whether in contract, tort (including negligence), breach of statutory
duty, or otherwise—will be no more than what you paid us for the Service the
preceding month.

In addition, for the avoidance of doubt, in no instance will we
or our Team be liable for any losses or damages you suffer if you use the
Service in violation of our Acceptable Use Policy, regardless of whether we
terminate or suspend your account due to such violation.

23. No Warranties

To the maximum extent permitted by law, we provide the Website
and the Service as-is. This means that, except as expressly stated in these
Terms, we don’t provide warranties, conditions, or undertakings of any kind in
relation to the Website and/or Service, either express or implied. This
includes, but isn’t limited to, warranties of merchantability and fitness for a
particular purpose, which are to the fullest extent
permitted by law, excluded from the Agreement. Since Members use the Service
for a variety of reasons, we can’t guarantee that it’ll meet your specific
needs.

24. Indemnity

You
agree to indemnify and hold us and our Team harmless from any losses, including
legal fees and expenses that directly or indirectly result from any claims you
make that aren’t allowed under these Terms due to a “Limitation of Liability”
or other provision. (Indemnity is an agreement to compensate someone for a
loss.) You also agree to indemnify and hold us harmless from any losses,
including legal fees and expenses, that directly or indirectly result from (a)
your Content, (b) your use of the Service, (c) your violation of any laws or
regulations, (d) third-party claims that you or someone using your password did
something that, if true, would violate any of these Terms, (e) any
misrepresentations made by you, or (f) a breach of any representations or
warranties you’ve made to us.

25. Legal Fees and
Expenses

If we
file an action against you claiming you breached these Terms and we prevail,
we’re entitled to recover all reasonable legal fees, expenses, and any damages
or other relief we may be awarded.

26. Equitable Relief

If you
violate these Terms, then we may seek injunctive relief (meaning we may request
a court order to stop you) or other equitable relief.

27. Subpoena Fees

If we have to provide information in response to a subpoena, court
order, or other legal, governmental, or regulatory inquiry related to your
account, then we may charge you for our costs. These fees may include attorney
and employee time spent retrieving the records, preparing documents, and
participating in a deposition.

28. Disclaimers

We and
our Team aren’t responsible for the behavior of any third parties, linked
websites, or other Members.

FINE
PRINT

29.
Notice to U.S. Government End Users

The
Software and Website, including all documentation, are “Commercial Items,” as
that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer
Software” and “Commercial Computer Software Documentation.” The Commercial
Computer Software and Commercial Computer Software Documentation are licensed
to U.S. government end users:

1.  
only as Commercial Items,

2.  
with the same rights as all other end users, and

3.  
according to the Terms.

Published and unpublished
rights are reserved under the copyright laws of the United States. The
manufacturer is The Rocket Science Group LLC, 675 Ponce de Leon Ave NE, Suite
5000, Atlanta, Georgia 30308.

30. Assignments

You may
not assign any of your rights under this agreement to anyone else. We may
assign our rights to any other individual or entity at our discretion.

31. Choice of Law

The
State of Georgia’s laws, except for conflict of laws rules, will apply to any
dispute related to the Agreement or the Service. Any dispute related to the
Agreement or the Service itself will be decided by the state and federal courts
in Fulton County, Georgia, and each party will be subject to the jurisdiction
of those courts.

32. Force Majeure

We
won’t be held liable for any delays or failure in performance of any part of
the Service, from any cause beyond our control. This includes, but is not
limited to, acts of god, changes to law or regulations, embargoes, war,
terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie
apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe
weather conditions, and acts of hackers, or third-party internet service
providers.

33. Survivability

Even if
this Agreement is terminated, the following sections will continue to apply:
Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance
with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law,
Severability, and Entire Agreement.

34. Severability

If it
turns out that a section of these Terms isn’t enforceable, then that section
will be removed or edited as little as required, and the rest of the Agreement
will still be valid.

35. Interpretation

The
headers and sidebar text are provided only to make these Terms easier to read
and understand. The fact that we wrote these Terms won’t affect the way the
Agreement is interpreted.

36. Amendments and Waiver

Amendments
or changes to the Agreement won’t be effective until we post revised Terms on
the Website. If we don’t immediately take action on a
violation of these Terms, we’re not giving up any rights under the Terms, and
we may still take action at some point.

37. No Changes in Terms
at Request of Member

Because
we have so many Members, we can’t change these Terms for any one Member or
group.

38. Further Actions

You’ll
provide all documents and take any actions necessary to meet your obligations
under these Terms.

39. Notification of
Security Breach

In the
event of a security breach that may affect you or anyone on your Campaign
distribution lists (each a “List”), we’ll notify you of the breach once we have
determined, in our discretion, that it occurred and will provide a description
of what happened. If we determine, and notify you, that you need to forward all
or part of that information to anyone on your Lists, you’ll promptly do so.

40. Notices

Any
notice to you will be effective when we send it to the last email or physical
address you gave us or when posted on our Website. Any notice to us will be
effective when delivered to us along with a copy to our legal counsel: Attn.
Legal Department, PostalMethods, 675 Ponce de Leon Ave NE, Suite 5000, Atlanta,
Georgia, 30308, or any addresses as we may later post on the Website.

41. Entire Agreement

The Agreement and any Additional Terms you’ve agreed to by
enabling any Add-ons make up the entire agreement
between us in relation to its subject matter and supersede all prior
agreements, representations, and understandings. Any Additional Terms will be
considered incorporated into the Agreement when you activate the corresponding
Add-on.

Where there’s a conflict
between these Terms and the Additional Terms, the Additional Terms will control
to the extent of the conflict.

Congratulations! You’ve
reached the end.

Thanks for taking the
time to learn about PostalMethods’s policies.

Updated May 23, 2018.