These Terms of Use and Conditions (hereinafter, these “Terms”) apply to all users and clients of this website and include all pages, portals, mobile applications, channels, software, and social media pages, including any services, features, pages, and functions contained or offered therein (collectively, “the Websites”) provided by Inbox Mailers, LLC and its affiliated companies and subsidiaries based in the United States (collectively, “Inbox Mailers” or “we” or “us” or “our”). These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.

Acceptance of Terms of Use

By using the Websites, you agree that you are over the age of eighteen (18) years of age and that you will abide by all applicable federal, state, and local laws and understand you will be legally bound by the terms and conditions of these Terms. You also agree to abide by the Privacy Policy and all future modifications or amendments to same. If for any reason you do not accept and agree to these Terms, then accessing the Websites is strictly prohibited.

Modification of Terms of Use

These Terms may be changed from time to time, and your use of the Websites following any such changes shall confirm your agreement to be bound by the Terms as modified.

Links to Third Party Websites

The Websites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Inbox Mailers and Inbox Mailers is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Inbox Mailers is not responsible for webcasting or any other form of transmission received from any Linked Site. Inbox Mailers provide Linked Sites only as a convenience, and their inclusion does not imply any endorsement of the Linked Sites or any association with their operators.

Inbox Mailers Communication

Your submission of contact information, no matter the type, to the Websites constitutes acceptance of certain Inbox Mailers communications. Inbox Mailers may contact you via surveys to conduct research or to solicit your opinion on current services or new services that may be offered. Inbox Mailers may, from time to time, contact you on behalf of external business partners about an offering that may be of interest to you. You may opt-out of these communications at any time using the means provided in the communication.

No Unlawful or Prohibited Use

As a condition of your use of the Websites, you warrant to Inbox Mailers that you will not use the Websites for any purpose that is prohibited by these Terms or unlawful. You may not use the Websites in any manner which could damage, disable, overburden, or impair the Websites or interfere with any other party’s use or enjoyment of the Websites.

Use of Communications Services

The Websites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). The Communication Services are considered part of the Websites. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the Communication Services. The Communication Services cannot be used to conduct commercial activities, including, but not limited to, transactions, advertising, fundraising, contests, or other promotions, absent Inbox Mailers’ prior has written consent. Inbox Mailers has no obligation to monitor the Communication Services. However, Inbox Mailers reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.

Inbox Mailers may terminate your access to any or all the Communication Services at any time without notice for any reason whatsoever.

Inbox Mailers reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in Inbox Mailers’sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children to or through a Communication Service. Inbox Mailers does not control or endorse the content, messages or information found in any Communication Services and, therefore, Inbox Mailers specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Inbox Mailers’ spokespersons, and their views do not necessarily reflect those of Inbox Mailers.

If you elect to receive marketing text messages from Inbox Mailers, either via our Websites or by sending a text message indicating your consent, you are providing your prior express written consent to receive recurring marketing or promotional SMS text messages from Inbox Mailers(the “Text Messages”) sent through an automatic telephone dialing system. Message frequency varies.

This service is optional and is not a condition for use. You can opt-out of receiving any further Text Messages from Inbox Mailers at any time by replying “STOP” to any Text Messages you receive from Inbox Mailers.

For help, reply “HELP” to any Text Messages you receive from Inbox Mailers or email legal@inboxmailers.com .In addition to any fee of which you are notified, your mobile provider’s message and data rates may apply to the Text Messages according to your individual rate plan provided by your wireless carrier.

Please consult your mobile service carrier’s pricing plan to determine the charges for browsing data and sending and receiving Text Messages. Under no circumstances will Inbox Mailers or Inbox Mailers’ affiliates be responsible for any SMS messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number. If your carrier does not permit SMS messages, you may not receive the Text Messages.

Neither Inbox Mailers nor any wireless carriers will be liable for any delays in the receipt of, or failure to deliver, any Text Messages, as delivery is subject to effective transmission from your network operator. Text Message services are provided on an “AS IS” basis.

Data obtained from you in connection with any Text Message services may include your cell phone number, your provider’s name, and the date, time, and content of your text messages.

We may use this information in accordance with our Privacy Policy to contact you and to provide the services you request from us.

For more information on how we use your data, please read our Privacy Policy.

If you change or deactivate the phone number you provided, you have an affirmative obligation to update your account information and the phone number(s) attached to your account to prevent Inbox Mailers from inadvertently communicating with anyone who acquires any phone number(s) previously attributed to you, and any new phone number(s) you attach to your account may receive our standard marketing Text Messages unless you also unsubscribe via the above procedures.

Materials Provided to Inbox Mailers

Any materials you provide to Inbox Mailers (including feedback and suggestions) or post, upload, input, or submit to the Websites (collectively “Submissions”) shall be and remain the property of the submitter, and Inbox Mailers shall have an irrevocable, perpetual nonexclusive, royalty-free and fully paid, worldwide license to use the Submissions to provide Inbox Mailer’s services, and to prepare derivative works of, incorporate into other works, and otherwise use, your Submissions, and to grant sublicenses of the foregoing, solely for the purposes of including your Submissions in the Websites and for any cross-contextual behavioral advertising.

You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution concerning your Submissions.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submission.

Please note that if your Submissions include mailing or customer lists, Inbox Mailers will not provide these mailing or customer lists to third-parties or sell or otherwise distribute your mailing or customer lists- rather, Inbox Mailers may use information (such as metadata) from your mailing or customer lists to assist in cross-contextual behavioral advertising associated with metadata and activity regarding individual behaviors.

You are solely responsible for your Submissions. You assume all risks associated with use of your Submissions, including any reliance on their accuracy, completeness, or usefulness by others, or any disclosure of your Submissions that makes you or any third party personally identifiable. You hereby represent and warrant that your Submissions do not violate these Terms. You may not state or imply that your Submissions are in any way provided, sponsored or endorsed by Inbox Mailers. Because you alone are responsible for your Submissions, you may expose yourself to liability if, for example, your Submissions violate these Terms. Inbox Mailers is not obligated to backup any Submissions and Submissions may be deleted at any time.

Website Revisions & Accuracy

Inbox Mailers or its service provider may, from time to time, revise the Websites and reserve the right to do so without recourse from you or any other user. You also agree that the Websites may contain inaccurate content — including potentially inaccurate pricing information associated with clerical or scriveners’ errors — and Inbox Mailers reserves the right to change or alter all content, including but not limited to pricing, present on the Websites.

Authority to Bind Company and Personnel

You hereby represent covenant and warrant that you have the authority to bind the company, corporation, or other legal entity (the “Company”) on whose behalf you are accepting these Terms and that Company, through you, has agreed to each and every term and requirement in these Terms, including liability disclaimers and indemnity provisions.

Further, you and the Company hereby represent covenant, and warrant that Company is and shall be responsible for (i) all actions taken by Company or its employees, contractors, agents, or other individuals authorized by Company to interact with or utilize Inbox Mailers’ Websites or services (collectively, the “Users”), and (ii) the Users’ compliance with these Terms. You and the Company shall be solely responsible for any violations of these Terms committed by the Users.

Compliance with Applicable Privacy Laws

You agree to and shall fully comply with all applicable state and federal laws governing the purchase, collection, maintenance, use, sharing, or sale of personal information, as defined under any such applicable state or federal law.

In addition, you shall either disclose to your customers in your privacy policy that you utilize Inbox Mailers for purposes of delivering targeted advertising from you and other Inbox Mailers’ business partners and third parties, and that Inbox Mailers may share or sell your customers’ personal information in the context of cross-contextual behavioral advertising, or provide legally sufficient language and disclaimers to allow Inbox Mailers to utilize your customers’ information with cross-contextual behavioral advertising purposes and to otherwise ensure that you obtain and document any required consents.

Liability Disclaimers

OTHER THAN ANY EXPRESS WARRANTIES PROVIDED TO YOU IN WRITING ASSOCIATED WITH YOUR PURCHASE OF GOODS OR SERVICES FROM INBOX MAILERS, THE WEBSITES AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITES ARE PROVIDED TO YOU “AS IS” WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE WEBSITES AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITES, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.

WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITES (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE WEBSITES, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE, AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE WEBSITES AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE WEBSITES. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU SOLELY BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE WEBSITES, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SITE.

INBOX MAILERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND IN CONNECTION WITH THE WEBSITES, NOR FOR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE WEBSITES, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. FURTHER, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE WEBSITES OR FROM ANY INFORMATION OR MATERIALS ON THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITES IS TO STOP USING THE WEBSITES. INBOX MAILERS’MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO INBOX MAILERSTO ACCESS AND USE THE WEBSITES.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

Indemnity

Except to the extent prohibited under applicable law, you agree to defend, indemnify, and hold harmless Inbox Mailers from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of your use of, or activities in connection with, the Websites or your violation of these Terms. You further agree, except to the extent prohibited under applicable law, to defend, indemnify, and hold harmless Inbox Mailers from and against all claims, losses, costs, and expenses (including attorneys’ fees) arising out of any violations of law related to your use of, or activities in connection with or related to, the Websites, including any violations related to your purchase, collection, maintenance, use, sharing, or sale of personal information.

Inbox Mailers reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us or any other indemnitee hereunder and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Inbox Mailers. Inbox Mailers will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

If you are a California resident or resident of a state with a similar applicable law, you hereby expressly waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in your state), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Termination/Access Restriction

Inbox Mailers may reject your use of the Websites at any time and for any reason at Inbox Mailer’s sole discretion.

Agreement to Arbitrate All Claims on Individualized Basis:

You and Inbox Mailers agree that any and all disputes or claims that have arisen or may arise between you and Inbox Mailers that relate in any way to your use of or access to this website or the Websites, or any products or services sold, offered, or purchased shall be resolved through confidential, final and binding arbitration rather than in court, with the exception of any dispute relating to the enforcement or validity of intellectual property rights.  The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Agreement to Arbitrate.

If a dispute arises between you and Inbox Mailers, we want to learn about and address your concerns and, if we are unable to do so to your satisfaction, to provide you with a neutral and cost-effective means of resolving the dispute quickly. Please contact us regarding disputes between you and Inbox Mailers related to the Websites, including, without limitation, Inbox Mailers’ products and services.

UNLESS YOU AND INBOX MAILERS AGREE OTHERWISE, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL PROCEEDING. ALSO, TO THE EXTENT AVAILABLE BY LAW, AND SUBJECT TO THE DAMAGE LIMITATIONS DISCUSSED HEREIN, THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR, AND FOR THE BENEFIT OF, THE INDIVIDUAL PARTY SEEKING RELIEF.  If a court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this Section shall still apply. Specifically, if a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim or a particular request for a remedy (such as a request for public injunctive relief), then that claim or that remedy request (and only that claim or that remedy request) may be severed from the arbitration and may be brought in court, subject to your and Inbox Mailers’ right to appeal the court’s decision. All other claims shall be arbitrated.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Section. The AAA’s rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s website at http://www.adr.org.

The arbitration shall be held in Orange County, Florida, or at another mutually agreed location.

The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

Applicable Law

You agree that the laws of the State of Florida, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Inbox Mailers, except as otherwise stated in these Terms. You understand that the Websites are directed only to residents of the United States.

Claims and Disputes Must Be Filed Within One Year.

To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Websites, including, without limitation, any Website-related product, services, or other content, must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.

Severability

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.

Agreement & Assignment

A printed version of these Terms and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Inbox Mailers may also freely assign their rights and obligations under these Terms.

Content & DMCA Policy

All of the content on the Websites including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and audio materials are copyrights, trademarks, and other intellectual property owned, controlled, or licensed by Inbox Mailers. You may not copy, reproduce, publish, transmit, or otherwise use any copyrighted or trademarked materials present on the Websites without the express written authorization to do so. You agree not to alter, delete, obscure, or change any proprietary rights affiliated with the Websites. Inbox Mailers shall retain all rights in and to its copyrights, trademarks, trade names, brand names, and trade dress depicted on this site.

This Digital Millennium Copyright Act (“DMCA”) Policy (hereinafter, the “Policy”) applies to all users of the Websites. Inbox Mailers respect the intellectual property rights of others, and we require that others, including our advertising partners, do the same. The Websites provide transitory digital network communications under 17 U.S.C. § 512(a) of the Copyright Act.

Inbox Mailers complies with the notice-and-takedown procedures set out in the United States DMCA, which applies to content reported and removed for violating U.S. copyrights. If your content is removed under the DMCA takedown process as a result of a takedown notice, you will have an opportunity to file a counter-notification. When Inbox Mailers receive an effective DMCA counter-notification, Inbox Mailers forwards it to the party that reported the content. The information they receive includes your contact information.

DMCA Takedown Notices

Content owners of copyrighted material and their representing agents may submit a DMCA notice to Inbox Mailers’ registered Copyright Agent if they believe that infringing activity has taken place on the Websites. The abuse team will only consider valid reports of infringement.

You may submit a complete DMCA notice that features all the points described below only if the representing party sending the request is the content owner or the authorized agent acting on the behalf of the copyright owner. To be effective under the DMCA, any notification of claimed infringement must be in written communication that includes substantially the following which must include a certification made under penalty of perjury:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, as well as information sufficient for Inbox Mailers to determine the legitimacy of the signature and the identity of the signatory;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site, including citation to the application copyright registrations where available;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Inbox Mailers to locate the material, including a timestamp and visible identification of the material in a screenshot or comparable medium, with all metadata intact;

(iv) Information reasonably sufficient to permit Inbox Mailers to contact the complaining party, including an email address, telephone number, and, if available, physical mail address;

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any such notifications of claimed infringement must be sent to:

Inbox Mailers’ Copyright Agent
Attn: Adam Losey
Address: 1420 Edgewater Dr.,
Orlando, Florida 32804 USA
Email: alosey@losey.law
Phone: 407-906-1605
Fax: 407-710-5645

Please note that if any notification of claimed infringement does not meet the above requirements, Inbox Mailers have no responsibility to respond to or act on any such defective notification of claimed infringement. It is also the policy of Inbox Mailers, in appropriate circumstances and in our sole discretion, to suspend or terminate accounts or access to individuals who are repeat copyright infringers.

Right of Refusal of Service

Inbox Mailers reserves the right to refuse service to any client, customer, business or vendor to their own discrection. 

DMCA Counter Notification

If you receive a notification of claimed infringement, you may submit a counter-notification to us pursuant to the DMCA. It must include the following, which includes a certification made under penalty of perjury:

(i) Your physical or electronic signature, as well as information sufficient for Inbox Mailers to determine the legitimacy of the signature and the identity of the signatory;

(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(iii) A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(iv) Your name, address, and telephone number, and a statement that you consent to the exclusive jurisdiction of any state or federal court located in Orange County, Florida, and that you will accept service of process from the person who provided notification under the DMCA or an agent of such person.

Any such counter-notification must be sent to:

Inbox Mailers’ Copyright Agent
Attn: Adam Losey
Address: 1420 Edgewater Dr.,
Orlando, Florida 32804 USA
Email: alosey@losey.law
Phone: 407-906-1605
Fax:407-710-5645

Effective as of March 1, 2022