1. Acknowledgement and Acceptance of Terms of Service
The Select Direct, Inc. direct mail web site service ("Service"), owned and operated by Select Direct, Inc. ("Select Direct"), is provided to you ("User") under the terms and conditions of this Select Direct Terms of Service (TOS) agreement and any operating rules or policies that may be published by Select Direct. This comprises the entire agreement between User and Select Direct and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
2. Description of Services
Select Direct is providing User with a number of capabilities related to mailing items such as cards, letters, flyers, and brochures to a mailing list. These capabilities include printing and mailing items created from files that Users have transmitted to Select Direct ("Job"), per the instructions of the User.
3. Service Warranty
If Select Direct fails to process a Job in accordance with the specifications submitted by the User and accepted by Select Direct, then Select Direct shall repeat the Job in whole or in part as the case may be, at no expense to the User. If a repeat Job is not feasible, then Select Direct shall issue a credit to the extent of any portion of the Job not processed satisfactorily. In the event that Select Direct fails to mail a Job within the promised time period, then Select Direct shall issue a credit towards future jobs for the non-postage portion of the Job not processed in a timely manner. THESE WARRANTIES ARE THE ONLY WARRANTIES APPLICABLE TO THE SERVICES, AND ARE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY. A REPEAT MAILING IN WHOLE OR IN PART, OR CREDIT IF APPROPRIATE, OF THE SERVICE ARE THE USER'S SOLE AND EXCLUSIVE REMEDIES FOR BREACHES OF WARRANTY.
THESE WARRANTIES WILL NOT APPLY IN THOSE CASES WHERE THE FAILURE TO PERFORM THE MAILING PROPERLY WAS AS A RESULT OF ERRORS IN INFORMATION SUPPLIED BY THE USER. SELECTDIRECT, INC. DOES NOT ASSUME RESPONSIBILITY FOR ANY DAMAGES THAT THE USER MAY INCUR BY REASON OF FAILURE OF PERFORMANCE OF THE SERVICE, INCLUDING INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
4. Privacy
Select Direct maintains a separate privacy policy. All provisions of the privacy policy are incorporated by reference as part of the TOS, including provisions regarding cross checking of mailing lists, use of customer information, etc.
5. Modifications to Terms of Service
Select Direct may change the terms and conditions of the TOS and Privacy Policy from time to time. Upon any change in the terms and conditions of the TOS or Privacy Policy, Select Direct will notify you by posting the changes as a start-up screen prior to your subsequent use of the Service. If you agree to be bound by the changes, you must again click the "I Accept" button that will follow the posted changes. If you do not click the "I Accept" button, you may terminate your use of the Service at that time. User's continued use of the Service constitutes an affirmative: (1) acknowledgment by User of the TOS, Privacy Policy, and modifications; and (2) agreement by User to abide and be bound by the TOS and its modifications.
6. Modifications to Service
Select Direct reserves the right to modify or discontinue the Service with or without notice to User. Select Direct shall not be liable to User or any third party should Select Direct exercise its right to modify or discontinue the Service. Should Select Direct terminate any of the services for which Users have paid annual fees in advance, those fees will be refunded on a prorata basis.
7. Disclaimer of Warranties SELECT DIRECT, INC. IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. SELECT DIRECT, INC. DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, SELECT DIRECT, INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. Price and availability information is subject to change without notice. Except as specifically stated on this site, neither Select Direct nor any of its directors, employees or other representatives will be liable for damages arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.
8. No Resale of the Service
User's right to use the Service is personal to User. User may be an individual, a corporation or other business entity. User agrees not to resell the Service without the express written consent of Select Direct.
9. User Conduct
User is solely responsible for the contents of his or her transmissions through the Service. User's use of the Service is subject to all applicable local, state, national and international laws and regulations. User agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. User agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; and (5) not to use the Service in violation of any rules and regulations governing the United States Postal Service, or any other nation's postal service. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited. Select Direct may, at its sole discretion, immediately terminate Service should User's conduct fail to conform to these terms and conditions of the TOS.
10. Indemnification
User agrees to indemnify and hold Select Direct, its parents, subsidiaries, affiliates, officers, directors, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, the violation of this TOS by User, or the infringement by User, or other user of the Service using User's computer, of any intellectual property or other right of any person or entity.
11. Termination
Either User or Select Direct may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. Select Direct shall not be liable to User or any third party for termination of Service. Should User object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, User's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service usership; and (3) notify Select Direct of termination. Upon termination of the Service, User's right to use the Service and Software immediately ceases. User shall have no right and Select Direct will have no obligation thereafter to forward any unread or unsent messages to User or any third party.
12. Notice
All notices to a party shall be in writing and shall be made either via email or conventional mail. Select Direct may broadcast notices or messages through the Service to inform User of changes to the TOS, the Service, or other matters of importance; such broadcasts shall constitute notice to User.
13. Proprietary Rights to Content
User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material presented to User by the Service ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, User is only permitted to use this Content as expressly authorized by the Service. User may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service. Select Direct and the Select Direct logo are registered trademarks of Select Direct, Inc.
14. Laws
The TOS shall be governed by and construed in accordance with the laws of the state of California, excluding its conflict of law provisions. User and Select Direct agree to submit to the exclusive jurisdiction of the courts of the state of California. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Select Direct's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Select Direct in writing. User and Select Direct agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
