Terms and Conditions of Use
Last Update: September 18, 2013
PLEASE READ THESE TERMS AND CONDITIONS OF USE AS SET OUT BELOW (the “Terms and Conditions”) CAREFULLY BEFORE USING THIS WEB SITE (INCLUDING THE POSTBEYOND SERVICE) (the “Site”). THESE TERMS AND CONDITIONS GOVERN YOUR ACCESS TO AND USE OF THIS SITE, INCLUDING THE MESSAGES, INFORMATION, DATA, TEXT, SOFTWARE, IMAGES AND OTHER CONTENT THAT MAKE UP THIS SITE (the “Content”, which Content is part of this Site). THESE TERMS AND CONDITIONS EXEMPT POSTBEYOND INC. (“PostBeyond”, “we”, or “us”) AND OTHERS FROM LIABILITY AND/OR LIMIT OUR AND THEIR LIABILITY AND CONTAIN OTHER IMPORTANT PROVISIONS THAT APPLY TO YOUR USE OF THIS SITE.
1. Terms and Conditions of Use of Site Your use of this Site is conditional on your acceptance of these Terms and Conditions. By visiting or using this Site or the PostBeyond service (“Service“) you agree on your own behalf, and on behalf of any organization on whose behalf you may act (collectively referred to herein as “you”), to accept and abide by these Terms and Conditions for each use of and each visit to this Site. If you do not agree to abide by these Terms and Conditions, do not use this Site or the Service. You agree to have these Terms and Conditions and any related information made available to you, and to otherwise have communications between you and us occur, electronically. You may also be subject to additional terms and conditions applicable to certain services (including the PostBeyond mobile application and which are incorporated by reference into these Terms and Conditions. PostBeyond has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. If PostBeyond exercises this right the “Last Update” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the changes to these Terms and Conditions are posted to this Site. It is your responsibility to check these Terms and Conditions each time you access this Site to determine whether any changes have been made, including by checking the date of the “Last Update” at the top of these Terms and Conditions. If any change to these Terms and Conditions is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site after any such changes are posted will constitute acceptance of those changes. These Terms and Conditions apply exclusively to your use of this Site and do not alter the terms or conditions of any other agreement you may have with PostBeyond. PostBeyond may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Site, including: (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Site; (ii) removing, adding, modifying or otherwise changing any fees or charges arising out of use of this Site or any features of this Site (including the Service); and (iii) removing, adding, modifying or otherwise changing any Content on this Site. PostBeyond reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice, but confirms that it has no duty to do so.
2. Limited License You are granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to: (a) use the Service, subject to these Terms and Conditions; and (b) display and review this Site on your computer or mobile device, and to print, download and use the Content on this Site, solely for informational purposes and solely for your own personal use or internal use by your organization. You may not modify any aspect of this Site. You must include with any display or copy of the Content the copyright notice shown at the bottom of this page. No other activity or use is permitted. Your rights to use the Service limited to those rights expressly set out in these Terms and Conditions. All rights not expressly granted by these Terms and Conditions are reserved by PostBeyond. You may not, nor may you cause or assist another to:
- (a) modify, reverse engineer, decompile, create derivative works from, or disassemble this Site or the Service for any reason whatsoever, including for the purpose of creating competitive products or services;
- (b) resell any Content;
- (c) include any Content in or with any product that you create or distribute;
- (d) copy any Content onto your own or any other web site;
- (e) use this Site or the Service in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, this Site, the Service, or any other services, system resources, accounts, servers, networks, affiliated or linked sites connected to or accessible through this Site (including without limitation uploading, posting or otherwise transmitting on this Site any computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on this Site’s infrastructure);
- (f) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site, the Service, or the Content in whole or in part;
- (g) use this Site for commercial purposes or activities (other than the creation and sharing of Postings through the Service including without limitation:
- (i) selling or offering to sell any goods or services;
- (ii) soliciting for advertisers or sponsors;
- (iii) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to any person;
- (iv) displaying advertising or sponsorship banners, including those generated by banner or link exchange services;
- (v) soliciting for donations; or
- (vi) sending unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation;
- (h) use this Site or the Service in any manner that may dilute or depreciate the name or reputation of PostBeyond, its Marks (as defined below) or its affiliates or associates; or
- (i) interfere with any other persons’ use and enjoyment of this Site, the Service or of the Internet generally.
3. Membership and Accounts PostBeyond offers two levels of users, a corporate user, who has the power to create and control Postings (as defined below) (“Corporate User“) and an individual user (“Individual User”) who may only share Postings created by Corporate Users. In these Terms and Conditions, “Postings” refer to the text, images, comments, or other information posted by a Corporate User and/or shared by an Individual User through the Service. (A) FOR BOTH INDIVIDUAL AND CORPORATE USERS:
- (i) You must register as a member by providing a user name, password, and valid email address. You must provide complete and accurate information to PostBeyond and notify us if your information changes.
- (ii) You are responsible for all activity that occurs under your account, including any activity by unauthorized users and the content of any Postings you create and/or share. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you become aware of an unauthorized access to your account, you must change your password and notify us immediately. You agree to notify PostBeyond promptly of any unauthorized use of your password and you will remain liable for any use of the Service to the extent permitted by law.
- (iii) You must not use this Website or the Service in any manner that is unlawful (including by accessing this Website or the Service from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), or is otherwise objectionable or which does not respect the legal rights and interests of others.
- (iv) Equipment and Charges You will provide all hardware required to access and use the Service and agree to be responsible for all telephone and other charges necessary to access the Service and this Site.
(B) CORPORATE USERS
- (i) Payment
- (A) You represent that you have the authority to enter into these Terms and Conditions on behalf of your company, employer or other person on whose behalf you may be entering into these Terms and Conditions (“Employer”).
- (B) You agree, and represent that you have the right to agree, to have the name and logo of your Employer listed on the Site.
- (C) Your use of the Service is contingent upon payment of fees. By continuing to use the Service after the trial period, you expressly agree to pay to PostBeyond the subscription fees indicated for such service at the then-current rates. This monthly fee is calculated on the basis of the sum of the Corporate Users and Individual Users. Please note that prices and charges associated with the Service are set out in Canadian dollars for those Corporate Users with a billing address in Canada, and US dollars for those Corporate Users with a billing address outside of Canada.
- (D) Payment must be made using a valid credit card or PayPal account. Valid credit cards include Visa, Master Card and American Express. PostBeyond may obtain a pre-approval from the credit card company for an amount up to the amount of the monthly fee. Billing to your credit card or PayPal account occurs once you have confirmed your subscription at the end of the trial period and on a monthly basis thereafter unless and until you cancel or we terminate your subscription to the Service.
- (E) Cancellation.vIf you choose to cancel your subscription to the Service, you will continue to have access to the Service until the next monthly renewal date (“Termination Period”). At this point, your subscription will terminate. If you elect to re-subscribe prior to the expiry of the Termination Period, you will be charged a new subscription fee at the then-current rate on the date of such re-subscription.
- (G) You are responsible for and agree to pay promptly, all charges to your account, including applicable taxes on use by you or anyone you allow to use your account and password to access the Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, and email address. If your payment information expires, you remain responsible for all uncollected amounts. If you have three (3) failed attempts at collecting payment, we will cancel your subscription to the Service.
- (ii) Account Rights and Responsibilities
- (A) As the Corporate User, you agree that you will oversee and manage campaigns for your Employer, including the content of any Postings you create. You must also:
- (I) monitor the activities of other Corporate Users and Individual Users who are registered with us as affiliated with your Employer;
- (II) ensure that Individual Users who register to associate with your Employer are qualified to do so, and remove unqualified users, such as ex-employees;
- (III) create and approve Postings;
- (IV) select the social networks through which you wish to allow Postings to be shared; and
- (V) remove Postings from the Service that violate these Terms and Conditions.
- (B) If you choose to offer a reward or remuneration to an Individual User for sharing a Posting, you agree to remain responsible for such reward.
- (C) If you elect to send an electronic message through the Service to Individual Users, you are responsible for the content of such message and compliance with all applicable law, including anti-spam legislation.
- (A) As the Corporate User, you agree that you will oversee and manage campaigns for your Employer, including the content of any Postings you create. You must also:
(C) INDIVIDUAL USERS
- (i) Payment No payment is required from Individual Users.
- (ii) Account Rights and Responsibilities
- (A) Your use of the Site and the Service is subject to these Terms and Conditions. Your use of a social network is subject to the applicable terms and conditions of such social network.
- (B) If you share a Posting for which a reward or remuneration is offered, you agree to seek such reward directly from the applicable Corporate User and not from PostBeyond.
Proprietary Rights This Site is protected by Canadian copyright laws and treaty provisions. Any unauthorized copying, redistribution, reproduction or modification of this Site (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying, redistribution, reproduction or modification of this Site or any of the Content. Certain names, graphics, logos, icons, designs, words, titles and phrases on this Site, including without limitation “PostBeyond”, constitute trade-marks, trade names, trade dress and associated products and services of PostBeyond or its affiliates (the “Marks”) or constitute trade-marks, trade names, trade dress and associated products and services of PostBeyond suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Site does not convey or create any licence or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of PostBeyond or such third party, as applicable, is strictly prohibited.
Mobile Applications To use the PostBeyond mobile application you must have a device that is compatible with the mobile application. PostBeyond hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the PostBeyond mobile application on your mobile device, on the terms set out in the end user license agreement applicable to such PostBeyond mobile application. By using our downloadable application to enable your use of the Service, you are explicitly confirming your acceptance of the terms of the end user license agreement associated with the mobile application and provided at download or installation and/or activation, as may be updated from time to time. Those terms and conditions are hereby incorporated by reference into these Terms and Conditions, if applicable. In using our mobile applications, you acknowledge you are responsible for all charges and necessary permissions related to accessing the Service through your provider, including applicable data charges. Any mobile application downloaded via a third party store, such as iTunes or Google Play, may be subject to additional terms and conditions applicable to such store. You acknowledge and agree that the owner of such third party store is not a party to these Terms and Conditions.
Linked Sites Certain links on this Site or in Postings made or shared through the Service may take you to other web sites that are not owned or operated by PostBeyond. PostBeyond provides these links only as a convenience. PostBeyond is not responsible for the content of any such linked web sites. PostBeyond makes no representation or warranty regarding, and does not endorse, such linked web sites, the information or other content appearing thereon or any of the products or services available on or through such web sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. PostBeyond welcomes links to this Site. However, you agree that if you link to this Site your website shall not:
- create frames around any part of this Site or use other techniques that alter the visual presentation of this Site;
- imply that PostBeyond is endorsing you or any other person, or your or such other person’s products or services;
- imply an affiliation between you or any other person, or your or such other person’s products or services, and PostBeyond without the prior written consent of PostBeyond;
- misrepresent the relationship of you or any other person with PostBeyond or present false, misleading or otherwise damaging information or impressions about PostBeyond or any of its products or services; or
- contain materials that may be illegal or interpreted as distasteful, harmful, offensive, or inaccurate.
You acknowledge and agree that in no event will PostBeyond provide any form of remuneration for any links you may make to this Site or any PostBeyond products. Any remuneration or reward provided in connection with a Posting shall be the subject to the terms set out in the terms associated with that particular campaign and will be for the account of the Employer. In no event will PostBeyond be liable for any such remuneration or reward.
Privacy Statement Any personal information which PostBeyond collects via this Site is subject to the PostBeyond Privacy Statement available here, which is incorporated by reference into these Terms and Conditions. When you use our mobile applications or interact with the Site, you agree that information about you and your use of the Service, including but not limited to, the type of device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing plugins that load in your browser may be communicated to us.
Social Networks You may elect to share Postings, via the Service, with a social network approved by the Corporate User for the particular campaign. By publishing a Posting to your social network, you are allowing us to access your account information on such social network and you are subject to the terms and conditions of that social network. We strongly encourage you to read the terms and conditions (including privacy policies) of those social networks through which you choose to share Postings. Personal information a social network collects from you, and the purposes for which they may use or disclose such information is subject to the terms and conditions and privacy policies of such networks. We are not responsible for any personal information you choose to share via the social network, and are not responsible for the timeliness, accuracy, deletion, non-delivery or failure of any Posting on a social network.
User Communications Any non-identifiable information gathered by PostBeyond through your use of this Site may be used by PostBeyond for its own marketing, promotional and product development purposes and more specifically may be stored in a database and used by PostBeyond to identify, customize and personalize user access, and assess utilization of this Site. Such information may be shared among PostBeyond and its affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.
User Submissions (solicited and unsolicited)
- (a) Subject to any applicable law and the requirements of the PostBeyond Privacy Statement:
- (i) PostBeyond does not wish to obtain unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved Products, goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Submissions“) to PostBeyond.
- (ii) any communications sent by you to PostBeyond via this Site or otherwise, including Submissions, whether solicited by PostBeyond or otherwise, are on a non-confidential basis (other than personal information which is covered under the PostBeyond Privacy Statement), and PostBeyond shall be free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, trade secret, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of PostBeyond and its affiliates, licensees, successors and assignees. You also acknowledge that you have no right to receive any financial or other consideration in connection with such communication.
- (b) PostBeyond is not obliged to monitor, screen, police or edit your use of this Site, including Postings you or others may make to this Site or share through the Service, although PostBeyond may choose to do so in its sole discretion. PostBeyond will respond as it considers appropriate, in its sole discretion, if PostBeyond becomes aware of any inappropriate uses of this Site or the Service, including without limitation use that constitute copyright infringement.
- (c) Users of this Site may be permitted to create, submit, or share postings, images, comments, or other information (“Postings”) to this Site through the Service. In submitting any Postings, you agree:
- (i) you are solely responsible for your Postings and any other actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site. PostBeyond may investigate occurrences which may involve violations of such laws and co-operate with law enforcement authorities in prosecuting users who are involved in such violations. PostBeyond reserves the right at all times to disclose any information (including without limitation your personal information or your identity) regarding your usage of this Site (including any perceived violations of applicable law), in each case as may be permitted or required by applicable law, including as necessary to satisfy any request authorized by applicable law.
- (ii) not to post any Postings that may: (A) harm, threaten, harass, abuse or intimidate any other person in any way; (B) involve materials that constitute, depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals; (C) conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including PostBeyond; or (D) disclose any private or personal information about any person without that person’s permission.
Disclaimer PostBeyond makes reasonable efforts to ensure that the Content is accurate at the time it is posted on this Site; however, PostBeyond makes no representation or warranty and there are no conditions of any kind regarding this Site or the Content or Postings, including without limitation any representation, warranty or condition regarding the accuracy, reliability, currency, or completeness of the Content or Postings. PostBeyond makes no representation or warranty and there are no conditions that Content or Postings on this Site are appropriate or available for use at any locations outside Canada. Accessing the Content or Postings from locations where the Content or Postings are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. You acknowledge and agree that this Site (including without limitation the Content or Postings) are provided on an “AS IS” basis and that any use of or reliance on this Site shall be at your sole risk. POSTBEYOND AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THIS SITE (INCLUDING THE CONTENT OR POSTINGS). FOR GREATER CERTAINTY, POSTBEYOND DOES NOT WARRANT THAT THIS SITE WILL (i) MEET YOUR REQUIREMENTS, (ii) BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE OR ANY RELATED EQUIPMENT, (iii) BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT OR COMPLETE, (iv) CONTINUE TO OPERATE, (v) OPERATE WITHOUT INTERRUPTIONS, OR (vi) BE ERROR-FREE.
Limitation of Liability YOU AGREE THAT IN NO EVENT WILL POSTBEYOND OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “POSTBEYOND REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SITE OR THE POSTINGS FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SITE, THE CONTENT, THE POSTINGS OR ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES OR CONTENT OR POSTINGS, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES), EVEN IF POSTBEYOND OR ANY POSTBEYOND REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE. YOU ACKNOWLEDGE THAT POSTBEYOND ACTS AS TRUSTEE FOR THE POSTBEYOND REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF A POSTBEYOND REPRESENTATIVE. POSTBEYOND AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH SUCH POSTBEYOND REPRESENTATIVE.
INDEMNITY YOU WILL INDEMNIFY AND HOLD POSTBEYOND OR POSTBEYOND REPRESENTATIVES (THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE INFORMATION ACCESSED FROM THIS SITE OR YOUR USE OF THE SERVICE, AND ANY BREACH OF THESE TERMS AND CONDITIONS BY YOU, INCLUDING ANY USE OF THE CONTENT OR POSTINGS OTHER THAN AS EXPRESSLY AUTHORIZED IN THE TERMS AND CONDITIONS. YOU AGREE THAT THE INDEMNIFIED PARTIES WILL HAVE NO LIABILITY IN CONNECTION WITH ANY SUCH BREACH OR UNAUTHORIZED USE OR MODIFICATION, AND AGREE TO INDEMNIFY AGAINST ANY AND ALL RESULTING LOSS, DAMAGES, JUDGMENTS, AWARDS, COSTS, EXPENSES, AND LAWYERS’ FEES OF THE INDEMNIFIED PARTIES IN CONNECTION THEREWITH.
Choice of law You agree that all matters relating to the access to, or use of, this Site shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without reference to its conflict of laws principles, and that you will comply with all such applicable laws. Any dispute between PostBeyond and you or any other person arising from, in connection with or relating to this Site, these Terms and Conditions, any transaction through this Site or any related matters must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and you hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.
Termination of Use If you breach any provision of these Terms and Conditions, then you may no longer use this Site. PostBeyond, in its discretion, shall determine whether these Terms and Conditions have been violated. You agree that PostBeyond may, in its sole discretion, terminate or suspend your account with or without notice. Upon termination or suspension of your account, regardless of the reasons therefore, your right to use the Site or the Service immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
General These Terms and Conditions constitute the entire agreement between PostBeyond and you with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between PostBeyond or its affiliates and you with respect to this subject matter. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. No waiver of or consent to depart from the requirements of any provision of these Terms and Conditions will be binding unless it is in writing and signed by PostBeyond. You and PostBeyond are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms and Conditions. The provisions of these Terms and Conditions will enure to the benefit of and be binding upon you and PostBeyond and your respective successors and assigns, and, if you are contracting as an individual, your heirs, executors, administrators and personal representatives. You may not assign these Terms and Conditions or your rights and obligations under these Terms and Conditions without the express written consent of PostBeyond, which may be withheld in PostBeyond’s sole discretion. PostBeyond may assign these Terms and Conditions and its respective rights and obligations under these Terms and Conditions without your consent.
Language The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y attachent soient rédigés en langue anglaise.
Notices All notices to PostBeyond shall be in writing and shall be made via email. Notices to us must be sent to the attention of our customer service representatives at email@example.com. Notices to you may be sent, in our sole discretion, to the address or email address supplied by you as part of your subscription. In addition, we may broadcast notices or messages through this Site to inform you of changes to this Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.