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Amazing Mail™ User Agreement
  1. Acceptance of Terms. To obtain full access to the AmazingMail™ website, you must read the terms and conditions of service set forth below (the "User Agreement") and agree to be legally bound by the obligations imposed on you in this User Agreement. By clicking the "I Accept" button, you accept the terms and conditions of this Agreement. We may amend this User Agreement without notice to you by posting the changes on our website, and changes will be effective ten days after being posted.

  2. Registered Users Limited. The postcard printing and mailing services offered on this website are available only to individuals age 18 or over who are residents of the United States. We may refuse any or all of our services to anyone at any time, in our sole discretion.

  3. Retail Policies. Our Retail Policies for purchasing AmazingMail™ postcards and purchasing other products or services from AmazingMail™ on this website and our refund policy are available here and are incorporated herein. All costs and taxes are quoted in U.S. dollars. You must pay all applicable taxes on purchases made on our website. We may in our sole discretion add, delete or change some or all of the prices of our products and services at any time without notice.

  4. Free Cards. From time to time AmazingMail™ may offer one or more "free cards" to its visitors and members. AmazingMail™ reserves the right to cancel free cards that are not used within 90 days of issue. AmazingMail™ reserves the right to cancel free cards that are associated in any way with incorrect user information including non-functional email addresses. Generally, such free cards will be removed at about the end of the month following expiration of the free card.

  5. AmazingMail™ is a Tool for Creating & Mailing Postcards. Other than when you use an image or text supplied by us or our licensors, AmazingMail™ will not be involved in any way with the design or creation of your postcards. Except for postcards created by users before verification of their user information (collectively "Nonverified Users"), we will not routinely screen or review text or graphics before printing and mailing postcards. We cannot nor do we try to control the content of postcards created on our website, except postcards created by Nonverified Users. You (whether or not you are a Nonverified User), are solely responsible for and assume all liability arising from all postcards that you and any other person using your User ID and password print and mail using the AmazingMail™ website. If a third party notifies us of a problem postcard, or if we become aware of a problem postcard created by you, we may review the postcard and take any action with respect to the postcard that we deem necessary in our sole discretion, including, but not limited to, refusing to mail the postcard. The fact that we review a postcard and allow the postcard to be mailed does not mean that: (1) we approve or endorse the content of the postcard, (2) the postcard complies with all applicable laws, or (3) you will not incur any liability or harm arising from the postcard.

  6. Return Address on Your Postcards. AmazingMail™ will automatically print a return address on every postcard that you create using the AmazingMail™ website. The default return address is the billing address on your credit card unless you modify your return address. It is a breach of U.S. Postal Regulations to show a false return address on mail.

  7. Your Content & Information. All information, data, text, software, photographs, graphics video, messages or other materials ("Content") you upload, post or create using this website is solely your responsibility. You must evaluate and bear all risks associated with the use of any of your Content and mailing of your postcards. You represent and warrant to AmazingMail™ 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 via the AmazingMail™ website; (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; or contain any matter that is libelous or otherwise in contravention of law; and (iii) Your Information will be true, accurate, current and complete at all times. All information you provide to us about yourself during the registration process or through any other feature on this website will be referred to as "Your Information." AmazingMail™ 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 User Agreement.

  8. You Will Comply with All Laws. When you use the AmazingMail™ website in any way such as creating, printing and mailing postcards, you will comply at all times with all applicable United States federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity. If you mail a postcard outside the United States, you will comply with the laws of the country to which the postcard is mailed.

  9. AmazingMail™ Privacy Policy. We collect personal information on this website. To learn more about how we use Your Information please see our Privacy Policy, which is incorporated herein by reference and made a part of this Agreement. We may collect and use Your Information as set forth in our Privacy Policy.

  10. AmazingMail™ May Cooperate with Third Parties. You authorize AmazingMail™ 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, AmazingMail™ 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.

  11. Indemnity. You will indemnify and hold AmazingMail™, 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 use of this website, the use of this website by any person who uses this website while logged on under your user name and password, postcards mailed using your user name and password, your default under any provision in this User Agreement, your violation of any laws and your violation of any rights of another person.

  12. Termination. AmazingMail™, in its sole discretion without notice to you, may: (1) terminate your access to its website or your use of any feature of its website, (2) remove and discard any of Your Information and your Content stored on the website, or (3) refuse to mail any postcard and (4) terminate this website, or any feature on the website. AmazingMail™ will not be liable to you or any third-party for any suspension or termination of your access to this website or your Content; except AmazingMail™ will refund to you any unused amounts credited to your account.

  13. Links. This website may provide, or third parties may provide, links to other World Wide Web sites or resources. AmazingMail™ is not responsible for the availability of any external sites or resources to which we hyperlink ("Linked Sites"), and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from Linked Sites. AmazingMail™ 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.

  14. AmazingMail™ Proprietary Rights. This website and any necessary software used in connection with it ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you on this website may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by AmazingMail™ or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this website or the Software, in whole or in part. AmazingMail™ grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.

  15. Disclaimer of Warranties. Your use of this website is at your sole risk. This website is provided on an "as is" and "as available" basis. AmazingMail™ 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. AmazingMail™ makes no warranty that (1) the website will meet your requirements, (2) the website will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the website will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through this website will meet your expectations, and (5) any errors in the Software will be corrected. Any material downloaded or otherwise obtained through the use of this website 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 AmazingMail™ or through or from this website shall create any warranty not expressly stated in this user agreement.

  16. Limitation of Liability. AmazingMail™ will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if AmazingMail™ has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use this website; (2) the cost of procuring substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on this website; or (5) any other matter relating to this website. 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 lesser of (1) the amount of fees you pay to us in the 12 months before the action giving rise to liability, or (2) $100.

  17. Notice. Notices from us to you and from you to us may be given by either email or regular mail. Notice is deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. If we use the U.S. mail to send you a notice, the notice will be deemed given 3 days after the date of mailing. This website may also provide notices of changes to the User Agreement or other matters by displaying notices or links to notices to you generally on the website.

  18. Copyrights. AmazingMail™ respects the intellectual property rights of others and we ask our users to do the same. You should assume that all text, graphics and images that you find on the World Wide Web are subject to a copyright. In general, it is a violation of federal law to copy text, graphics or images that are subject to a copyright and use the copyrighted material on an AmazingMail™ postcard without the consent of the owner of the copyright. Before copying any text, graphics or images, you must confirm that it is in the public domain and not subject to a copyright or obtain the consent of the owner of the copyright to use the material on an AmazingMail™ postcard. You authorize AmazingMail™ to cooperate with copyright owners who claim that you have infringed or may infringe their intellectual property rights. This cooperation includes, but is not limited to taking the following action without notice: disclosing Your Information and your Content to the copyright owner or its agent and destroying all alleged infringing material. Please refer to our Copyright Policy.

  19. General Information. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. This User Agreement and the agreements incorporated herein are the entire agreements between you and AmazingMail™ and governs your use of this website. This User Agreement supercedes any prior agreements between you and AmazingMail™. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. The User Agreement and the relationship between you and AmazingMail™ will be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and AmazingMail™ agree to submit to the personal and exclusive jurisdiction of the courts located in Maricopa County, Arizona. The failure of a party to exercise or enforce any right or provision of this User Agreement will not constitute a waiver of the right or provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

  20. Disclosures. This website is provided by AmazingMail™, Inc., located at 17767 N Perimeter Dr. Suite A103, Scottsdale, Arizona 85255. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.

If you have any questions or comments about the User Agreement, contact us at support@amazingmail.com.
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