TERMS OF USE
END USER SERVICE AGREEMENT
Welcome to Certified Mail Envelopes (the “Site”) which is operated by Certified Mail Envelopes, Inc. the site is a Service Mark and business name owned and operated by Certified Mail Envelopes, Inc. Any information provided by you is being provided to Certified Mail Envelopes, Inc and is subject to our Privacy Policy (which you may review by clicking on “Privacy Policy”). You may have transitioned to this site from Google, Yahoo, Bing, Certified Mail Envelopes and the United States Postal Services or other third party’s web site and any information you provided while on that site will be governed by their privacy policy. Our End User Agreement (the “Agreement”) between you and Certified Mail Envelopes, Inc governs your access to and purchase of products and services from Certified Mail Envelopes, Inc (this Agreement uses the terms “Certified Mail Envelopes, Inc” and “the Site” interchangeably and the use of one term shall be considered to encompass the other as well). By establishing an account with a user name and password, you agree, on your own behalf and on behalf of any entity which you might represent, to accept and be bound by the terms and conditions of this Agreement. Your use of the Site and any purchase f products or services, now or in the future, indicates your continued acceptance of this Agreement. You agree that the electronic acceptance of this Agreement is intended to have the same force and effect as if this Agreement were physically signed. In addition, when using particular Certified Mail Envelopes, Inc services, you are subject to any posted guidelines or rules applicable to such services. All such guidelines and rules applicable to such services are hereby incorporated by reference in this Agreement.
DESCRIPTION OF SERVICES
The Certified Mail Envelopes and Certified Mail Envelopes, Inc service has been designed and developed to meet the needs of USPS Certified Mal and business class postal mailers using a Internet Web interface. It allows mailings to be quickly and easily created online and then submitted to be printed and mailed by the Site.
PRIVACY
Your privacy is very important to us at Certified Mail Envelopes, Inc. Our Privacy Policy is our commitment to safeguarding your privacy and governs the use of information collected from you or provided by you while on the Site. Please review our Privacy Notice to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically and by doing so you consent to receive related communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. We may amend this Agreement without notice to you by posting the changes on the Site and these changes will be effective when posted. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
USER ELIGIBILITY
This Site is available only to persons over the age of 18 who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use the Site or order product or services from Certified Mail Envelopes, Inc. We may refuse any or all of our services to anyone at any time, in our sole discretion.
LICENSE AND SITE ACCESS
Certified Mail Envelopes, Inc grants you a non-exclusive, non-sub licensable, revocable, non-transferable, limited right to license, to access the Site and it to create, print and have placed in the United States Mail or with other delivery providers based upon the intended destination of such printed materials (“Printed Material”) in accordance with the terms of this Agreement. Any rights not expressly granted to you by this Agreement are reserved to Certified Mail Envelopes, Inc.
PROPRIETARY RIGHTS
The Site and any software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Any and all intellectual property rights (“Intellectual Property”) associated with the Site and its contents are the sole property of Certified Mail Envelopes, Inc, its affiliates or third parties. The Site is protected by copyright and other laws in both the United States and other countries. In addition the Site is presented with a distinctive “look and feel,” and this “look and feel” is the proprietary property of Certified Mail Envelopes, Inc. All custom graphics, icons, and other items that appear on the Site are trademarks, service marks or trade dress (“Marks”) of Certified Mail Envelopes, Inc, its affiliates or other entities that have granted Certified Mail Envelopes, Inc the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of Certified Mail Envelopes, Inc. Except as otherwise expressly authorized by this Agreement, you may not use, copy, reproduce, modify, lease, loan, sell, reverse assemble or otherwise attempt to discover any source code, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Site in any way
without Certified Mail Envelopes, Inc’s or the appropriate third party’s prior written permission. Except as expressly provided herein, Certified Mail Envelopes, Inc does not grant to you any express or implied rights to Certified Mail Envelopes, Inc’s or any third party’s Intellectual Property.
USE OF OUR SITE
Certified Mail Envelopes, Inc will not read or disclose to third parties private postal or electronic communications that are transmitted using Certified Mail Envelopes, Inc services except as required to operate the service or as otherwise authorized by law.
RETURN ADDRESS ON PRINTED MATERIAL
We consider your mailing lists and documents to be your private information. All document and list files you submit will be used solely for the production of your mailings. Electronic information submitted by you is securely stored only for the time specified in our Terms of Service after such time data is purged from our system.
YOUR CONTENT
All information, data, text, software, photographs, graphics, messages or other materials (“Content”) you upload, post, or create using the Site is solely your responsibility. Certified Mail Envelopes, Inc will retain the Content for at least one (1) year and will use such Content only in accordance with this Agreement and the Certified Mail Envelopes, Inc Privacy Policy. You should evaluate and bear all risks associated with the use of any of your Content and mailing of your Printed Material. We will not routinely screen or review text or graphics before printing and mailing Printed Material. We cannot nor do we try to control the content of Printed Material created on the Site. You are solely responsible for and assume all liability arising from all Printed Material that you and any other person using your User ID and password print and mail using the Site. You represent and warrant to Certified Mail Envelopes, Inc that: (i) you and your authorized users have the full right, power, and authority to perform any function with relation to the Content (including without limitation uploading, posting, reproducing, distributing, publicly displaying and making derivative works from the Content) that you or they perform using Certified Mail Envelopes, Inc services; and (ii) your use and the use by your authorized users of the Content does not and will not infringe any copyright or right of privacy, violate any statutory or common law right; interfere with any intellectual property or other proprietary rights of any third party; contain any matter that is libelous or otherwise in contravention of law; or harm a minor in any way. If a third party notifies us of a problem, or if we become aware of a problem with any Printed Material, we may review the Printed Material and take any action with respect to the Printed Material that we deem necessary in our sole discretion, including, but not limited to, refusing to mail any Printed Material. The fact that we may review Printed Material and allow it to be mailed does not mean that: (1) we will always review Printed Material, even if informed of a problem; (2) we approve or endorse the contents, (3) the content complies with all applicable laws, or (4) you will not incur any liability or harm arising from the Printed Material.
YOUR INFORMATION
All information you provide to us about yourself during the registration process or through any other feature on the Site will be referred to as “Your Information.” Certified Mail Envelopes, Inc will only use Your Information in accordance with our Privacy Policy. We act merely as a passive conduit for your online design, creation, printing, and mailing of your Content, in reliance on your representations and warranties in this Agreement. You authorize Certified Mail Envelopes, Inc and its vendors and contractors to cooperate with the U.S. Postal Service and any U.S. or non-U.S. law enforcement or governmental agency, which cooperation includes but is not limited to, Certified Mail Envelopes, Inc voluntarily disclosing (i.e. without being subject to a lawful order to disclose) to the U.S. Postal Service, and any U.S. or non-U.S. law enforcement and/or governmental agency any or all of Your Information and your Content.
COMPLIANCE WITH LAWS
When you use the Site in any way, such as creating, printing and mailing Printed Material, you will comply at all times with all applicable United States Federal, state and local laws, statutes, regulations, rulings and ordinances and will not take any action that harms or violates the rights of any person or entity. If you mail Printed Material outside the United States, you will comply with the laws of the country to which such Printed Material is mailed. Certified Mail Envelopes, Inc and the Site are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export any software or information to countries or persons prohibited under the United States or other applicable export control laws or regulations.
INDEMNIFICATION
You will indemnify and hold Certified Mail Envelopes, Inc, and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys’ fees, due to or arising out of Your Information, your Content, your Printed Material, your use of this Site, the use of this Site by any person who uses this Site while logged on under your user name and password, your default under any provision in this Agreement, your violation of any laws and your violation of any rights of another person.
PAYMENT AND CREDIT
To use Certified Mail Envelopes, Inc services you must provide payment through your debit or bank card, PayPal, check, bank wire, money order, promotional voucher, or other means which may be made available by Certified Mail Envelopes, Inc. Certified Mail Envelopes, Inc reserves the right to stop accepting debit or credit cards from one or more issuers. Certified Mail Envelopes, Inc which is credit purchased by you (or an Administrator of a Business Account) from Certified Mail Envelopes, Inc and allocated to your user Account does not guarantee that you will be able to use your Certified Mail Envelopes, Inc Credit Balance to purchase all Certified Mail Envelopes, Inc products and services. Certain products and services will require pre-payment separately (Postage, Special USPS Services etc).
MONEY BACK GUARANTEE:
Certified Mail Envelopes wants each of its customers to be completely satisfied our product. If you are unhappy with your order, it may be returned. All returns must be received by Certified Mail Envelopes no later than 30 days after the order date. No custom orders or custom printed orders can be returned without our written Return Merchandise Authorization Code (Call our office for a RMA Code). lf the return is the result of our shipping error, then CME will arrange for the return. If the goods being returned are what you ordered, then it is your responsibility to return the merchandise for proper credit. It is recommended all returns be sent via Common Carrier with delivery tracking and signature confirmation capabilities. Any return that arrives after the 30 day window will be subject to re-stocking charges. All returned goods must be returned in their entirety, in the original inner boxes, and in acceptable condition suitable for resale. Once the goods are received by CME, the credit will be issued within 7 business days. Credits can only be applied to the same credit card that was used for the original purchase. If your order was over $100, and you received discounted shipping, you will only be refunded the value of the shipping in the event of an CME error. If the return was not due to an CME error, you will receive a credit of the total purchase price minus the cost paid to have them shipped to you. If your order was under $100, and there were shipping charges associated with the original order, you will be refunded 100% of the cost of the goods, shipping excluded.
Customers have 5 days after receipt of a shipment to notify CME of any errors. Goods must be inspected upon receipt by the customer and any claim of incorrect size, or defective merchandise must be submitted by a support ticket to our Help and Support desk at http://www.certified-mail-envelopes.com/about/ no later than the fifth day after receipt. No credit, refund or exchange will be permitted after any data processing, printing, or postage is applied to the envelopes or papers,
The return address is:
Certified Mail Envelopes
P.O. Box 470175
Celebration, FL 34747
If the customer sends back a return that is not eligible for a credit, or damaged, it is the customer’s responsibility to pay the freight if they would like the product back again.
RETURN POLICY:
Certified Mail Envelopes has a ‘No Questions Asked’ 30 day return policy. For unopened, undamaged, or unused goods, please ship the items with a copy of your order to the Certified Mail Envelopes address above. Only full cartons or full packages can be returned, no partial boxes or loose envelopes. Goods over 30 days from the original ship date cannot be returned. Should the goods be received after 30 days from the original ship date, for whatever reason, re-stocking charges will be applied to the credit. They are as follows:
31-45 days: 30% Restocking fee
46-60 days: 50% Restocking fee
61+ days: No refund accepted.
Customers have 5 days after receipt of a shipment to notify CME of any errors. Goods must be inspected upon receipt by the customer and any claim of incorrect size, or defective merchandise must be submitted by a support ticket to our Help and Support desk at http://www.certified-mail-envelopes.com/about/ no later than the fifth day after receipt. No credit, refund or exchange will be permitted after any data processing, printing, or postage is applied to the envelopes or papers.
SHIPPING INFORMATION:
We do our best to ship the goods from the warehouse that is closest to your destination, but this is not always possible.
We provide a choice of shipping providers including USPS, FedEx and UPS.
USPS Priority Mail can take from 2 to 3 business days. USPS Express Mail is available to most areas the next business day. FedEx provides a number shipping options available when you purchase online. USP Ground can take anywhere from 2-6 business days after we receive your order. We offer same day shipping on web orders placed before 2pm EST. In the event an item is out of stock, we will notify you via e-mail for any order with expedited shipping or any order where the backorder exceeds 3 business days from the order date. When your order is shipped, you will receive a shipping confirmation e-mail which will have your tracking number. Of course, if you need a definite delivery date, you can always choose Next Day Air or 2nd Day Air, regardless of your location.
CANCELLATIONS:
You have a certain amount of time to cancel your order after it is placed. The only way to cancel an order is to speak to our Help Desk at 1-800-406-1792 between 9:00 AM and 5:00 PM EST Monday to Friday. You would need to give your order number and receive, via e-mail, a cancel order confirmation. Orders received during business hours (9:00 AM – 5:00 PM) must be cancelled within 2 hours or the order becomes non-refundable. Afternoon orders (2 PM – 5PM) have until 9 AM the following day in which to cancel. Orders received during off hours have until 9 AM the next business day in which to cancel or the order becomes non-refundable.
ORDER TURNAROUND:
Our turnaround is usually same business day prior to 2:00 PM Eastern. If you need your envelopes rushed, please call Customer Service at 1-800-406-1792 ahead of you having placed the order with your deadline, and we will let you know: a) if it’s possible and b) how much extra shipping would it cost.
TERMINATION
Certified Mail Envelopes, Inc, in its sole discretion and without notice to you, may: (1) terminate your access to the Site or your use of any feature of the Site, (2) remove and discard any of Your Information and your Content stored on the Site, or (3) refuse to mail any Printed Material and (4) terminate the Site, or any feature on the Site. Certified Mail Envelopes, Inc will not be liable to you or any third-party for any suspension or termination of your access to the Site or your Content.
DISCLAIMER OF WARRANTIES
Your use of the Site is at your sole risk. This Site is provided on an “as is” and “as available” basis. Certified Mail Envelopes, Inc disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Certified Mail Envelopes, Inc makes no warranty that (1) the Site will meet your requirements, (2) the Site will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the Site will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through our Site will meet your expectations, (5) that any Printed Material will be received by an addressee, and (6) any errors in the Software will be corrected. Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Certified Mail Envelopes, Inc or through or from the Site shall create any warranty not expressly stated in this user agreement.
WEB LINKS
This Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Certified Mail Envelopes, Inc is not responsible for the availability of any external sites or resources to which we hyperlink (“Linked Sites”), and does not endorse, except where noted otherwise, and is not responsible or liable for any content, advertising, products, or other materials on or available from Linked Sites. Certified Mail Envelopes, Inc will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Sites.
LIMITATION OF LIABILITY
In no event shall Certified Mail Envelopes, Inc be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses even if Certified Mail Envelopes, Inc has been advised of the possibility of such damages), resulting from your use of or inability to use the Site, your purchase of any goods or services, the late Delivery or Non Delivery of any Printed Material, whether based on warranty, contracts, tort or any other legal theory, whether or not Certified Mail Envelopes, Inc has been advised of the possibility of such damages.
LIMITED WARRANTY
With respect to any Printed Material which has a material defect, our liability, and the liability of our printers, suppliers, contractors and vendors, to you or any third parties in any circumstance is limited to the (i) reprinting of such Printed Material or (ii) a refund equal to the lesser of amount paid by you for the defective printed material or a maximum of Fifty Dollars ($50).
You acknowledge that neither Certified Mail Envelopes, Inc nor any other third party partner or agent of Certified Mail Envelopes, Inc involved in the provision of the Site (each such third party, a “Third Party Provider”) can ensure that the operation of, performance of, and/or access to the services will be uninterrupted or error-free. Certified Mail Envelopes, Inc will not be obligated to correct, cure, or otherwise remedy any nonconformity or defect in any Printed Material (a) if caused by software or other equipment used by you which has not been provided by Certified Mail Envelopes, Inc; (b) if you have inputted data incorrectly or disregarded any information or advice provided to you by the Site during the creation of your Printed Material; (c) if the Site has been misused or damaged in any respect; or (d) if you have not reported to Certified Mail Envelopes, Inc the existence and nature of any such nonconformity or defect promptly upon discovering it. Certified Mail Envelopes, Inc does not and cannot control the flow of data to or from the Site, as such flow depends in large part on the performance of computer hardware and Internet services and software provided or controlled by third parties (including you), on the public Internet infrastructure, and on other events beyond the reasonable control of Certified Mail Envelopes, Inc. At times, action or inaction of third parties, hardware/software problems with the public Internet infrastructure or with your computing equipment or other events beyond the reasonable control of Certified Mail Envelopes, Inc can impair or disrupt your connection to the Site or between the Site and the third party printing companies responsible for any printing or mailing. Save as specified in the foregoing paragraph, Certified Mail Envelopes, Inc will not be liable for any such interruptions in your ability to access the Site or timely send out Printed Material resulting from or related to such services, software, or events.
Certified Mail Envelopes, Inc does not and cannot control the actions of the United States Postal Service or the delivery of U. S. Mail. Therefore, Certified Mail Envelopes, Inc cannot be responsible for the actual or timely delivery of any materials. Neither the USPS nor Certified Mail Envelopes, Inc will refund any postage costs for any items not delivered or timely delivered nor shall the USPS or Certified Mail Envelopes, Inc be liable for any costs to redeliver materials which were not originally timely delivered by the USPS. Neither the USPS nor Certified Mail Envelopes, Inc shall be liable for the mailing costs for re-mailing any materials which were materially defective and which you elect, under the warranty set forth above, to have reprinted by Certified Mail Envelopes, Inc.
You acknowledge and agree that Certified Mail Envelopes, Inc shall not be responsible for the content of your printed material or any modification, use or publication of any materials by you or any other participant or third party (other than Certified Mail Envelopes, Inc’s agents and subcontractors).
DISCLAIMER
THE WEB SITE AND ITS SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. IN NO EVENT WILL CERTIFIED MAIL ENVELOPES, Inc OR ANY THIRD PARTY PROVIDER BE LIABLE TO YOU IN RELATION TO THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF REVENUES OR SAVINGS, LOSS OF DATA OR COSTS OF RECREATING LOST DATA) WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF CERTIFIED MAIL ENVELOPES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE BEEN HELD TO BE INVALID OR INEFFECTIVE. CERTIFIED MAIL ENVELOPES, INC. IS NOT A PUBLISHER OF THE CONTENT SUPPLIED BY THIRD PARTIES AND USERS OF THE SITE; AS SUCH, CERTIFIED MAIL ENVELOPES, INC. EXERCISES NO EDITORIAL CONTROL OVER SUCH CONTENT AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RELIABILITY OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, CERTIFIED MAIL ENVELOPES, INC. SPECIFICALLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS AS THE PUBLISHER OF ANY CONTENT TRANSMITTED ON OR IN CONNECTION WITH THE SITE OR ON SITES THAT MAY APPEAR AS LINKS ON THE SITE, OR AS THE MANUFACTURER OF THE PRODUCTS PROVIDED AS A PART OF, OR OTHERWISE IN CONNECTION WITH, THE SITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
ARBITRATION
Any dispute relating in any way to your visit to the Site or to any Printed Material shall be submitted to confidential, binding arbitration in Osceola County, Florida, except that, to the extent you have in any manner violated or threatened to violate Certified Mail Envelopes, Inc’s intellectual property rights, Certified Mail Envelopes, Inc may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to exclusive jurisdiction of and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. You agree that any claim or cause of action arising out of or related to your use of the Site must be filed within one (6) months after such use.
SURVIVAL
All provisions of this Agreement which expressly or by implication continue to govern the parties’ rights and obligations after termination of use of the Site shall survive notwithstanding completion of any transaction in connection with which the Site is used.
GENERAL
If any provision of this Agreement 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 all other provisions remaining in full force and effect. The failure of Certified Mail Envelopes, Inc to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Certified Mail Envelopes, Inc in writing. This Agreement comprises the entire agreement between you and Certified Mail Envelopes, Inc and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Your use of the Site, however, is subject to the additional disclaimers and caveats that may appear throughout the Site.
