Terms of Use

This site ("Site") is operated by Postable LLC ("Postable"). Please read these terms of use, which include the Privacy Policy, ("Terms"). By accessing this Site or using the services offered on the Site, including by responding to a registered user’s request to provide your contact information, you indicate your agreement to these Terms. If you do not agree, please do not use this Site. We may modify these Terms (including the Privacy Statement) from time to time by displaying updated Terms on the Site. Your continued use of the Site after updated Terms are displayed indicates your agreement to the modified Terms.

Register for an Account; Address Book

To create an online address book ("Address Book"), you must register by creating a user account ("Account") with a username and password and providing other information as part of the registration process. When you register and create an Account, you can add contact information to your Address Book. You may also send emails inviting others to be added to your Address Book by providing you with their contact and other information. If the person you invite wishes to be included in your Address Book, he or she may visit our Site to complete an online form, which includes both mandatory information (such as name and address) and optional information (such as cell phone, home phone, preferred email, birth month and day, and name of spouse, if applicable). A person does not have to register and create an account to be included in your Address Book. A registered user may respond to an invite request and be added to another registered user’s Address Book without manually entering their contact information. If you register for an Account and create an Address Book, you agree to update or delete any entries in your Address Book as requested by the person(s) who provided the information or by the person(s) about whom the information applies (e.g., a spouse). If a person notifies our Site that he or she wishes to have his or her contact information deleted from your Address Book, we will notify you about the request; we reserve the right to delete the person’s contact information from your Address Book.

You are responsible for (1) maintaining the confidentiality of your username and password and for notifying us immediately if you become aware of any actual or suspected unauthorized use, (2) all uses of your username or password, (3) all activity, including purchases, conducted under your Account (e.g., if others send a link on your behalf inviting a person to be added to your Address Book), and (4) providing accurate information in connection with your Account. If you breach these Terms, we reserve the right in our sole discretion to restrict, suspend or terminate your access to your Account and to the Site with or without notice to you. You may terminate your Account at any time by contacting info@postable.com and we will delete your account as soon as possible. If you decide to terminate your Account, we will delete your Address Book, so be sure to export or print any contact information in your Address Book that you wish to retain before you terminate your Account. We reserve the right to retain a copy of your Address Book for a limited period if we determine in good faith that it may be appropriate to do so to comply with legal process, law enforcement, or law, to protect our property or rights or the rights or safety of any third party, to address suspected illegal activity, and for similar reasons we determine in good faith are appropriate.

Conduct

You expressly agree that you will not use the Site or send any email containing a postable.com link:

• for any unlawful purpose, including posting, storing, sending, or otherwise transmitting information, data or material that is libelous, obscene, threatening, harrassing or defamatory or which infringes the intellectual property rights of any person or which in any way encourages conduct that would be unlawful or inappropriate;

• in connection with any unsolicited bulk or commercial messages (commonly known as "spam"), any advertising or other form of communication that violates these Terms or any law or regulation, or in any manner that would disrupt in any way any internet site or services;

• to initiate or perpetuate any illegal scheme (such as a pyramid scheme);

• to harvest (or engage in any type of systematic retrieval of) e-mail addresses or other identifiers or information or collect e-mail addresses;

• to impersonate any person or entity, falsify any sender address, forge anyone’s identity or perform any other fraudulent activity (such as "phishing");

• to interfere with, or attempt to interfere with, any person’s ability to use the services offered on the Site;

• to transmit or otherwise make available through our Site any computer code, file, program or other element (including any virus, worm, or other harmful malware of any nature) that would interrupt, destroy, interfere with or otherwise cause any other effect that might reasonably be considered undesirable;

• to register or attempt to use the services under the name of another person, allow another person to use your username or password or your Account, use another person’s Account; or

• to attempt to (or actually) circumvent the Site’s security or any means to control access to the Site’s services.

Ownership

Unless otherwise noted, all rights, title and interest in all information including, but not limited to, screens, texts, user names, passwords, web pages, or other materials (collectively “Information”) appearing in and on this Site are the exclusive property of Postable. Postable’s use of such information is subject to its Privacy Policy.

You acknowledge that all content on or provided through this Site, including, but not limited to software, images, illustrations, whether tangible or intangible (collectively “Content”), is protected by copyrights, trademarks or service marks and other intellectual property rights which are owned and controlled by Postable or by third parties that have licensed their Content or the right to market and sell their products to Postable. Such Content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or exploited in any way, without proper permission from the Content’s owner.

"Postable" and other names, trademarks, service marks, and indicia of source ("Postable Trademarks") are owned by Postable. You may not use the Postable Trademarks in connection with any products or services that do not belong to Postable or in any manner likely to cause confusion about the source of any product or service, that implies that Postable endorses anyone else’s product or service, or that disparages or discredits Postable.

Alleged Copyright Infringement

If you believe that your intellectual property rights have been violated by Postable or by a third party who has provided Content on our Site, please provide the following information to the Postable-designated copyright agent listed below.

a. A description of the copyrighted work or other intellectual property that you claim has been infringed;

b. A description of where the material that you claim is infringing is located on the Site;

c. An address, a telephone number, and an e-mail address where Postable can contact you;

d. A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;

e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;

f. Your electronic or physical signature.

Postable may request additional information before removing any infringing material. Postable may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations.

Pursuant to Title 17, United State code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent listed below. ALL INQUIRES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Larson/Sobotka PLLC
Attn: Mitchell A. Skinner
2701 University Ave. Ste. 201
Minneapolis, MN 55414

Links, Frames and Metatags

You may not frame the content of our Site unless you first obtain our express prior written consent in each case. You may not use metatags or any other "hidden text" that incorporates Postable Trademarks or marks confusingly similar to our Postable Trademarks without our prior written consent.

Links to Third-Party Web Sites

Our Site may contain links to web sites controlled by third parties ("Third-Party Sites"). We are not responsible for Third-Party Sites or their content, activities, or privacy practices. Any information you share or actions you take on Third-Party Sites are governed by those sites’ terms of use and privacy statements, which you should review carefully to learn about their practices. Including links on our Site does not imply our endorsement of Third-Party Sites, their content, or any associated organization or activity. We make no representation or warranty whatsoever about the nature of Third-Party Sites.

Purchase; Payment Terms

Postable accepts major U.S. credit cards (Visa, MasterCard, American Express, and Discover). Billing occurs at the time of or shortly after your transaction. You agree that you will only use your own credit card or have express permission to use another person’s credit card.

You agree that you will pay for all products you purchase and that Postable may charge your credit card for any products purchased and for any additional amounts (including any taxes and late fees, as applicable). You are responsible for the timely payment of all fees to Postable.

You can cancel your order anytime up until 11:59 pm the day you place your order. To cancel an order email cancel@postable.com with your order number and “cancel” in the subject line. Otherwise, unless otherwise posted, all sales on Postable are final. There are no returns or refunds.

Your total price will include the price of the product(s) plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase the product(s).

Product Fulfillment

Purchased product(s) are generally shipped the following business day but may from time to time take longer. Items shipped directly to recipients with first class stamps will arrive in approximately 3 to 7 business days from the date of order. Bulk products shipped directly to customers (box of cards) will arrive in approximately 1 to 5 business days, depending on the method of shipping chosen (overnight vs. standard).

Disclaimers

OUR SITE AND THE SERVICES AVAILABLE THROUGH IT ARE AVAILABLE "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED) AND ANY WARRANTY THAT OUR SITE OR SERVICES (1) WILL BE UNINTERRUPTED, FREE FROM ERRORS, OR FREE FROM VIRUSES, WORMS, "TROJAN HORSES" OR OTHER MALICIOUS CODE OR HARMFUL FEATURES OR (2) WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, TIMELY, RELIABLE, OR NON-INFRINGING. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS IN OUR SITE OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF AND PRESERVING ALL INFORMATION IN YOUR ADDRESS BOOK. IF YOU RELY ON OUR SITE OR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

UNDER NO CIRCUMSTANCES WILL POSTABLE (OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR USE OF OUR SITE OR SERVICES, INCLUDING ANY (1) ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN OUR SITE OR ANY SERVICES, (2) FAILURE TO STORE OR PRESERVE INFORMATION IN CONNECTION WITH YOUR ADDRESS BOOK, OR (3) DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF YOUR USE OR MISUSE OF OUR SITE OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU RELEASE POSTABLE (AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES AND AGENTS) FROM ANY CLAIM RELATING TO YOUR USE OF OUR SITE OR SERVICES. YOU AGREE THAT THE LIABILITY OF POSTABLE (AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES, AND AGENTS), IF ANY, ARISING OUT OF ANY LEGAL CLAIM ARISING FROM YOUR USE OF OUR SITE OR SERVICES WILL NOT EXCEED $1,000.00 IN THE AGGREGATE.

YOU ARE RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR ACCOUNT AND PASSWORD. POSTABLE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE FROM YOUR FAILURE TO MAINTAIN THE SECURITY OF YOUR ACCOUNT OR PASSWORD. YOU ARE RESPONSIBLE FOR ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT, INCLUDING ALL PURCHASES.

ADDITIONALLY, TO THE EXTENT PERMITTED BY LAW, POSTABLE EXCLUDES AND DISCLAIMS ALL IMPLIED WARRANTIES FOR PRODUCTS OFFERED THROUGH THIS SITE. POSTABLE PROVIDES PRODUCTS ON AN “AS IS,” “AS AVAILABLE” BASIS.

SOME STATES DO NOT PERMIT THE EXCLUSIONS OF CERTAIN TYPES OF LIABILITY OR LIMITATIONS ON CERTAIN TYPES OF WARRANTIES. IF THESE STATE LAWS APPLY TO YOU, SOME OF THE LIMITATIONS AND EXCLUSIONS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS OR REMEDIES.

Indemnification

You agree to indemnify and hold harmless Postable (and its members, directors, officers, employees, service providers, representatives, and agents) against all liabilities, losses, damages, and costs (including reasonable attorneys' fees) that they may incur based on claims arising out of your use of our Site or violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with whatever cooperation we reasonably request.

Changes to Site; Termination

We reserve the right to make changes or improvements to this Site at any time for any reason without notice.

We reserve the right to terminate our Site and any services offered through our Site at any time for any reason with or without notice to you. The "Disclaimers," "Limitation of Liability,""Indemnification," and "General" sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms.

Communications

You consent to email communications from us.

General

These Terms, which includes the Privacy Policy, are the complete agreement between you and Postable regarding your use of our Site and are governed by the laws of the State of New York applicable to agreements made and completely performed in the State. You irrevocably agree to bring any claim or dispute relating to your use of our Site or these Terms exclusively in the state and federal courts located in the State and County of New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts. If a court of competent jurisdiction determines that any provision of these Terms are unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law. In the event a court having jurisdiction over the parties holds any provision of this Agreement invalid or unenforceable, the parties shall negotiate in good faith to replace the invalid or unenforceable provision, if possible, with a valid provision that most closely approximates the intent and economic effect of the invalid provision. You agree that we may provide you with notices by posting on our site, by e-mail, or by regular mail. If we do not exercise or enforce a right or remedy in these Terms or otherwise available, you agree we have nor waived such right or remedy. The term "including" in these Terms means "including, but not limited to."

Questions

For any questions or comments you may have about these Terms, please contact us at: info@postable.com