Terms of Use

Welcome to Compu-Mail, LLC’s (“Compu-Mail”) products, software, services and website (collectively, “Services”). Before registering, accessing or using any of Compu-Mail’s Services, please carefully review the terms and conditions of use provided below and the Compu-Mail Privacy Policy provided at https://www.compu-mail.com/privacy-policy (“Privacy Policy”), which is incorporated by reference. As used herein, Compu-Mail means Compu-Mail, LLC and its subsidiaries and affiliates.

By using and accessing the Services, you are agreeing to these Terms of Use. If you do not agree to these Terms of Use, please DO NOT USE any of the Services.

Compu-Mail may modify or update these Terms of Use from time to time without prior notice. Compu-Mail may also modify, add to, delete and/or discontinue any or all parts of Compu-Mail’s website, provided at https://compu-mail.com (“Website”), without prior notice. Your continued use of the Services following any modification or update means you accept any changes made. The Website contains links to other websites that have their own separate terms and conditions and privacy policies. The terms and conditions and privacy policies of such websites, in addition to other written agreements that you have with Compu-Mail, govern your use of the services offered on those websites.

Use of Content

Except for User Content (as defined below), any designs, text, graphics, photographs, images, videos, audio files and other files or materials, and their selection and arrangement, provided by or accessed through the Website (“Website Content”), and all copyrights, trademarks, service marks, patents and other intellectual property rights, are the property of Compu-Mail or Compu-Mail’s licensors. All rights not expressly granted herein are reserved. Unless you have agreed with Compu-Mail otherwise in writing, nothing in these Terms of Use gives you a right to use any of Compu-Mail’s trade names, trademarks, service marks, logos, trade dress, domain names or other distinctive brand features. You agree that you shall not remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Compu-Mail, you agree that in your use of the Services, you will not use any trademark, service mark, trade name, trade dress, logo of any company or organization in a way that is likely to cause confusion about the owner or authorized user of such marks, names or logos.

Any content you submit, including text, photographs, graphics, images, information, multimedia documents, links and other content enabled by the Website from time to time (“User Content”) may be accessed by you and other users, subject to the restrictions set forth herein. Do not submit User Content if you do not want other users to have access to it. Under no circumstance will Compu-Mail be held liable for any errors or omissions in any User Content or for your exposure to User Content that you deem offensive, indecent or objectionable. Compu-Mail may, but is not obligated to, review and delete or remove any of the User Content, without prior notice, for any reason, including but not limited to, if in Compu-Mail’s sole judgment, such User Content violates these Terms of Use. By submitting User Content to the Website, you grant to Compu-Mail the non-exclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sell, perform and display such User Content (in whole or part, including modified or adaptive versions thereof) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, without any obligation to acknowledge authorship or ownership. You warrant that you have all rights necessary to disclose such User Content and post it to the Website, and that submitting the User Content will not violate the rights of any third party, including without limitation any proprietary or privacy rights.

User Accounts

You may be required to register with Compu-Mail to access certain areas of the Website. When you register, you may be required to provide personal information that may be used to identify you including, but not limited to, your name, address, email address or other personally identifiable information. You acknowledge and understand that through your use of the Services, you consent to the collection and use of your personal information. Your submission of such personal information to Compu-Mail is always voluntary; provided, however, certain information may be obtained and used just by your access to the Compu-Mail Website. The personal information you submit to the Website will be treated by Compu-Mail in accordance with the Compu-Mail Privacy Policy at https://compu-mail.com/privacy (“Privacy Policy”). To the extent there is an inconsistency between these Terms of Use and the Privacy Policy, these Terms of Use shall govern.

You agree (a) that any personal information you provide to Compu-Mail will be accurate, correct and current; (b) to use the Services only for purposes that are permitted by these Terms of Use and any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries); and (c) that you are solely responsible for (and that Compu-Mail has no responsibility to you or to any third-party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which Compu-Mail may suffer) of any such breach.

User Conduct

You agree not to use any of the Website to:

Attempt to gain unauthorized access to the Website, User Content, or computer systems and networks connected to the Website
Upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening to another person or entity, abusive, defamatory, vulgar, obscene, tortuous, indecent, libelous, invasive of another’s privacy or otherwise objectionable
Harm legal minors
Impersonate another user, person or entity, or falsely state or otherwise misrepresent your affiliation with another user, person or entity
Collect and store personal data about other users, cyber stalk or harass another user or engage in conduct that negatively affects the online experience of another
Upload, post, email, transmit or otherwise make available any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam or any other form of solicitation
Upload or transmit any information that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs
Reproduce, modify, rent, lease, loan, sell, trade, resell or create derivative works based on the Website Content or User Content for any commercial purpose
Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law
Attempt to take any action that, in Compu-Mail’s sole discretion, imposes or may impose an unreasonable or disproportionately large load or burden on the Website or the infrastructure of the Website
Interfere with the operation of the Website, other computers, or Internet or network connections

You acknowledge and agree that Compu-Mail may access, preserve and disclose the User Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any User Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect Compu-Mail’s rights, property or personal safety, or the rights, property or personal safety of Compu-Mail users and the public. You understand that the use of the Services is subject to usage rules set by Compu-Mail and/or content providers who provide content to the Website. Compu-Mail may, at Compu-Mail’s sole discretion and without notice, terminate your account and/or your right to access or use the contents of the Website for violations of these Terms of Use. You may not attempt to override or circumvent any of the usage rules.

International Users

The Services are controlled, operated and administered by Compu-Mail from our offices within the United States. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws and regulations. You agree that you will not use any of the Services or any User Content accessed through the Website in any country or in any manner prohibited by any applicable laws or regulations.

Termination: Survival of Terms of Use

You agree that absent a written agreement to the contrary, Compu-Mail may under any circumstances and without prior notice temporarily or indefinitely suspend you from the Website or from use of any of the Services. You acknowledge and agree that all of the legal rights, obligations and liabilities that you and Compu-Mail have benefited from, been subject to (or which have accrued over time while these Terms of Use have been in force), or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of these Terms of Use that by their nature would survive its termination shall survive indefinitely.

Disclaimer of Warranties

Nothing in these Terms of Use shall exclude or limit Compu-Mail’s warranty or liability for losses, which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only the limitations that are lawful in your jurisdiction will apply to you and Compu-Mail’s liability will be limited to the maximum extent permitted by the law.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPU-MAIL OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY. SPECIFICALLY, COMPU-MAIL MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (D) THAT DEFECTS IN THE QUALITY, OPERATION OR FUNCTIONALITY OF ANY OF THE SERVICES PURCHASED OR OBTAINED BY YOU WILL MEET YOUR REQUIREMENTS.

COMPU-MAIL FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

You expressly understand and agree that Compu-Mail and is subsidiaries and affiliates shall not be liable to you for any loss or damage that may be incurred by you including but not limited to loss or damage as a result of:

Any changes that Compu-Mail may make to the Services or for any permanent or temporary cessation in the provision of the Services (or any features within the Services)
The deletion of corruption of or failure to store any content or other data maintained or transmitted by or through your use of the Services, (3) Your failure to provide Compu-Mail with accurate personal information
Your failure to provide Compu-Mail with accurate personal information
Your ability to access or the availability of external websites or resources (with Hyperlinks on the Compu-Mail Website), or your reliance on the completeness, accuracy or existence of any content of other materials on or available from such websites, content or resources.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPU-MAIL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF COMPU-MAIL, HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Indemnification

You will indemnify, defend and hold harmless Compu-Mail (and its subsidiaries and affiliates, and its respective officers, directors, agents, joint ventures and employees) from any costs, expenses, claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach or violation of these Terms of Use, your use of the Services, or your violation of any law or the rights of any third party.

Testimonials

The Website may contain comments and statements by third parties about Compu-Mail or its Services. Compu-Mail does not represent or warrant that any statements or comments by third parties are accurate or that you will have a similar experience. Compu-Mail explicitly disclaims any liability for reliance on any comments or statements made by third parties.

Copyright Policy

Compu-Mail respects the intellectual property rights of others and Compu-Mail asks its users to do the same. If you are a copyright owner or an agent thereof and believe that any of the Website Content, User Content, or other content or material on any of the Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing COMPU-MAIL’s Copyright Agent with the following information in writing as outlined in 17 U.S.C. § 512(c)(3):

A physical or electronic signature of the owner of the right that is allegedly infringed, or a person authorized to act on their behalf
Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Website
Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number and email address
A statement that the owner or agent 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
A statement that the information in the notification is accurate and, under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Compu-Mail’s designated Copyright Agent for receiving notifications of claimed infringement is:

Compu-Mail, LLC
3235 Grand Island Boulevard
Grand Island, New York 14072
Attention: Marketing Department
Via email to: marketing@compu-mail.com

In accordance with the DMCA and other applicable law, Compu-Mail has adopted a policy of terminating, in appropriate circumstances and at Compu-Mail’s sole discretion, members who are deemed to be repeat infringers. Compu-Mail may also, at Compu-Mail’s sole discretion, limit access to the Website and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Changes and Corrections

The content featured on the Compu-Mail Website might contain technical, typographical, or photographic inaccuracies. Compu-Mail does not guarantee the accuracy, completeness, or current status of any materials on its Website. Compu-Mail reserves the right to modify the materials on its Website without prior notice. It should be noted that Compu-Mail does not explicitly commit to updating the Website or User Content.

Linking

The Services may include hyperlinks to other websites, content or resources. Compu-Mail has no control over any websites or resources that are provided by companies or persons other than Compu-Mail. You acknowledge and agree that Compu-Mail is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.

Miscellaneous

No waiver of a breach of any term of these Terms of Use will be effective unless in writing and duly executed by the waiving party. No such waiver will constitute a waiver of any subsequent breach of the same or any other term of these Terms of Use. No failure on the part of a party to exercise, and no delay in exercising, any of its rights hereunder will operate as a waiver thereof, nor will any single or partial exercise by a party of any right preclude any other or future exercise thereof or the exercise of any other right. No course of dealing between the parties will be deemed effective to modify, amend or discharge any part of these Terms of Use or the rights or obligations of any party hereunder.

These Terms of Use contains the entire understanding of the parties with respect to the transactions contemplated and supersedes any prior agreements or understandings among the parties with respect to the subject matter hereof. This Agreement may only be amended by a written document signed by all parties. There are no representations, warranties or obligations of any party not expressly contained herein.

Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use. You agree that no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

The Terms of Use will be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. In the event that any legal proceedings are commenced with respect to any matter arising under these Terms of Use, the parties specifically consent and agree that the courts of the State of New York and/or the Federal Courts located in the State of New York will have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action will be in Erie County of New York and/or the U.S. District Court for the Western District of New York. The substantially prevailing party in any judicial action brought to enforce the provisions of these Terms of Use shall be entitled to recover their costs and expenses from the losing party, including reasonable attorneys’ fees, incurred in the preparation for, investigation of, and the filing and prosecuting or defending such action.

If any provision of these Terms of Use is held invalid or unenforceable by a competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of these Terms of Use will not affect its other provisions and these Terms of Use will be construed in all respects as if the invalid or unenforceable provision were omitted.