TERMS OF USE

Please read these Terms of Use carefully before accessing the EZ-MAIL Program service (the “Service”) available through the website, www.Mail-Inc.com (the “Site”). Your access to the Site and the Service is subject to your agreement to these Terms of Use. If you do not agree to be bound by these Terms of Use, please refrain from visiting the Site and participating in the Service. By accessing, browsing, and using the Site, you accept, without limitation or qualification, these Terms of Use.

Use of the Site and the Service

The Site and the Service are owned and operated by M.A.I.L. Inc. in Lafayette, Inc. (“M.A.I.L. Inc.”) The Service on the Site includes the ability to search for and order catalogs from multiple catalog companies. Subject to these Terms of Use, you receive a nonexclusive, nontransferable, revocable license from M.A.I.L. Inc. to access the Site and the Service for commercial purposes. You may not rent, sublicense, resell, or make the Site or the Service available to persons who are not authorized users of the Site or the Service. You may not relay, transmit, broadcast, replicate, copy, sample, record, disassemble, or reverse engineer the Site or the Service. Subject to account authorization you may receive a User I.D. and Password for use of the Service through the Site. It is your responsibility to keep your User I.D. and Password confidential. You acknowledge that you are responsible for all activities that occur under your User I.D. and Password. You agree to immediately notify M.A.I.L. Inc. of any unauthorized use of your User I.D. and Password. It is your responsibility to logoff and exit the web site when you are finished. M.A.I.L. Inc. shall be held harmless in the event that your User I.D. or Password is deleted or modified in any way. Acceptable Use By accessing the Site or the Service, you assert that you:

  • Are at least 18 years of age or you are using the Site or the Service under parental or adult guardian supervision;
  • Agree to provide us with accurate information as necessary for the proper conduct of our Site and the Service and to take responsibility for the information you provide;
  • Acknowledge that we may be unable to process and shall have no responsibility to process requests the accuracy of which we cannot validate;
  • Agree not to create a link (other than personal “bookmark” or “favorites” entry) to our Site without first obtaining our permission;
  • Will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any e-mail or form entry created through this Site;
  • Are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the Site and the Service; Will only use this Site for lawful purposes in accordance with our terms and conditions;
  • Agree with our online Privacy Policy;
  • Agree to honor our intellectual property rights;

By accessing the Site and the Service, you agree that you WILL NOT:

  • Use the Site to commit a criminal offense or to encourage others to conduct that would constitute a criminal offense or give rise to a civil liability;
  • Violate any applicable law;
  • Post or transmit any profane, vulgar, inflammatory, libelous, or similarly discourteous material of any kind to or through the Site;
  • Impersonate other parties or entities;
  • Alter, damage, or delete any content posted on the Site;
  • Disrupt the normal flow of communication in any way.

Links to Other websites

The Site and the Service may contain links and pointers to the other related Internet sites, resources, and sponsors of the Site and the Service. Links to and from the Site and the Service to other third party sites, maintained by third parties, does not constitute an endorsement by M.A.I.L. Inc. or any of its parent companies, subsidiaries and affiliates of any third party resources or their contents. Links do not imply that M.A.I.L. Inc. is affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of M.A.I.L. Inc. or any of its affiliates. You should direct any concerns regarding any external link to its site administrator or webmaster. M.A.I.L. Inc. does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site and the Service. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. M.A.I.L. Inc. reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site and the Service.

Non-United States Residents

M.A.I.L. Inc. makes no representation that materials in the Site and the Service, including catalogs offered for request on the Site and the Service and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Disclaimer of Warranty; Limitation of Liability

THE SITE IS MADE AVAILABLE TO YOU “AS IS” WITHOUT WARRANTY OF ANYKIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. M.A.I.L. Inc. does not warrant, and hereby disclaims, any warranties, either expressed or implied, with respect to the Site, the Service, or information available on the Site or through the Service.M.A.I.L. Inc. does not warrant that the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of information obtained from or through the Site is at your own risk. You agree that M.A.I.L. Inc. and its employees will have no liability for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable, arising out of or relating to these Terms of Use, the Service, your use or inability to use the Site, or your reliance upon information obtained from or through the Site, including without limitation, loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, or computer failure or malfunction, whether based in contract, tort, statutory or other law.

Release; Indemnity

As a condition of your use of the Service and the Site, you agree to hold harmless M.A.I.L. Inc. and its officers, directors, agents, subsidiaries, affiliates and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Service and the Site. You agree to defend and indemnify M.A.I.L. Inc. and its employees from any and all liabilities and costs incurred by M.A.I.L. Inc. in connection with any claim arising from any breach by you of these Terms of Use, including reasonable attorney fees and costs. You agree to cooperate fully in the defense of any such claim. M.A.I.L. Inc. reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.

Modification of the Site, Service or Agreement

M.A.I.L. Inc. may discontinue, suspend or modify the Site, the Service, or your access at any time and without notice, for any reason in its sole discretion. You agree that M.A.I.L. Inc. is not liable to you or any third party if your access is blocked, terminated, or suspended. M.A.I.L. Inc. maintains the right to modify these Terms of Use and may do so by posting modifications on this page. Any modification is effective immediately upon posting the modification unless otherwise stated. Your continued use of the Site following the posting of any modification signifies your acceptance of that modification.

Ownership

You acknowledge that M.A.I.L. Inc. and/or related parties may hold copyrights and patents for elements of the Site or the Service. You do not have, receive or obtain any title or other property right in any information, images, code, scripts, expressions or data obtained through the Site or the Service; all such rights are retained by M.A.I.L. Inc.. This Agreement does not and shall not be construed to transfer title to any copyright or patent to you. All right, title, and interest in and to the Site and the Service, including all associated intellectual property rights, are and shall remain vested with M.A.I.L. Inc. and/or its affiliates or licensors.

Choice of Law, Forum Selection, Attorney Fees

You agree that any dispute arising out of or relating to the Site or these Terms of Use or the Service, whether based in contract, tort, statutory or other law, will be governed by federal law and by the laws of the State of Indiana, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of an exclusive venue in the federal and state courts located in and serving Indiana as the exclusive legal forums for any such dispute, and the prevailing party shall be entitled to reimbursement of its attorney fees and costs from the non-prevailing party.

Contact Information

M.A.I.L. Inc., P.O. Box 5685, Lafayette, IN 47903