Terms of Service

This web page represents a legal document that serves as our Terms of Service and governs the legal terms of our website, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by MailFlyer, Inc.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below. These Terms of Service, along with our Privacy Policy, any mobile license agreement, and other posted guidelines within our Website, collectively “Legal Terms,” constitute the entire and only agreement between you and MailFlyer, Inc., and supersede all other agreements, representations, warranties, and understandings with respect to our Website and the subject matter contained herein. We may amend our Legal Terms at any time without specific notice to you. The latest copies of our Legal Terms will be posted on our Website, and you should review all Legal Terms prior to using our Website. After any revisions to our Legal Terms are posted, you agree to be bound to any such changes to them. Therefore, it is important for you to periodically review our Legal Terms to make sure you still agree to them.

By accessing this website, you agree to be bound by these Website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this Website are protected by applicable copyright and trademark law.

The last update to our Terms of Service was posted on June 1, 2024.

Definitions

The terms “us,” “we,” or “our” refer to MailFlyer, Inc., the owner of the Website.

A “Visitor” is someone who merely browses our Website but has not registered as a Member.

A “Member” is an individual that has registered with us to use our Service.

Our “Service” represents the collective functionality and features as offered through our Website to our Members.

A “User” is a collective identifier that refers to either a Visitor or a Member.

All text, information, graphics, audio, video, and data offered through our Website are collectively known as our “Content.”

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on MailFlyer, Inc.’s Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:

• Modify or copy the materials;
• Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• Attempt to decompile or reverse engineer any software contained on MailFlyer, Inc.’s website;
• Remove any copyright or other proprietary notations from the materials; or
• Transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by MailFlyer, Inc. at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Restricted Uses

Listing of offered products on the Website could be used only for lawful purposes by Users of the Website. You could not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or most proprietary details (consisting of images, text, page layout, or type) of MailFlyer, Inc. without express written consent. You might not use any meta tags or any various other “unseen text” utilizing MailFlyer, Inc.’s name or trademarks without the express written consent of MailFlyer, Inc. You agree not to offer or modify any content found on the Website consisting of, but not limited to, names of Users and Content, or to recreate, display, openly perform, distribute, or otherwise make use of the Material, in any way for any public purpose, in connection with services or products that are not those of MailFlyer, Inc., in any other way that is likely to trigger confusion among consumers, that disparages or challenges MailFlyer, Inc. or its licensors, that dilutes the strength of MailFlyer, Inc.’s or its licensor’s property, or that otherwise infringes MailFlyer, Inc.’s or its licensor’s copyright rights. You also agree to abstain from abusing any of the material that appears on the Site. The use of the Material on any other website or in a networked computer system environment for any purpose is prohibited. Any code that MailFlyer, Inc. develops to generate or display any Material of the pages making up the Website is likewise secured by MailFlyer, Inc.’s copyright, and you may not copy or adjust such code.

MailFlyer, Inc. has no duty to keep track of any products published, transferred, or connected to or with the Site. If you think that something on the Website violates these Terms, please contact our designated representative as set forth below.

If alerted by a User of any products which allegedly do not conform to these Terms, MailFlyer, Inc. could in its sole discretion investigate the allegation and determine whether to take other actions or request the removal or deletion of the Content. MailFlyer, Inc. has no liability or duty to Users for performance or nonperformance of such activities.

Electronic Communication

You are communicating with us electronically when you visit the Website or send emails to us. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing.

Your Account

If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You also agree not to disclose any personally identifiable information, including, but not limited to, first and last names, credentials, or other details of a personal nature (“Personal Data”) from the Site. Your disclosure of any Personal Data on the website may result in the immediate termination of your account. MailFlyer, Inc. reserves the right to refuse service, terminate accounts, and remove or edit Content at its sole discretion.

MailFlyer, Inc. does not guarantee the truthfulness or represent, accuracy, or reliability of Content on the site, including Personal Data. Each User is responsible for updating and changing any relevant account information when necessary to maintain the truthfulness, accuracy, or reliability of the information.

Reviews, Comments, and Other Material

Registered Users of the Website may post reviews and comments of products and services purchased via the Website, as long as the Material is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain commercial solicitation, mass mailings, or any form of “spam.” You may not use another User’s account to impersonate a User or entity or otherwise mislead as to the origin of the opinions. MailFlyer, Inc. reserves the right (but is not obligated) to remove or edit such Material but does not regularly review posted Material.

If you post a review or submit comments, and unless MailFlyer, Inc. indicates otherwise, you grant MailFlyer, Inc. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant MailFlyer, Inc. and sublicensees the right to use your name in connection with such Material, if they choose. You represent and warrant that you own or otherwise control all the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify MailFlyer, Inc. for all claims resulting from Content you supply. MailFlyer, Inc. has the right but not the obligation to monitor and edit or remove any activity or Material. MailFlyer, Inc. takes no responsibility and assumes no liability for any content posted by you or any third party.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website. MailFlyer, Inc. reserves the right to investigate complaints or reported violations of our Legal Terms and to take any action we deem appropriate, including but not limited to canceling your Member account, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information, as allowed under our Privacy Policy.

Intellectual Property

Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use, or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.

Revisions and Errata

The materials appearing on MailFlyer, Inc.’s Website could include technical, typographical, or photographic errors. MailFlyer, Inc. does not warrant that any of the materials on its Website are accurate, complete, or current. MailFlyer, Inc. may make changes to the materials contained on its Website at any time without notice. MailFlyer, Inc. does not, however, make any commitment to update the materials.

Disclaimer

The materials on MailFlyer, Inc.’s Website are provided “as is” MailFlyer, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MailFlyer, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet Website or otherwise relating to such materials or on any sites linked to this site. The Website serves as a venue for Users to purchase distinct products or services. Neither MailFlyer, Inc. nor the Website has control over the quality or fitness for a particular purpose of a product. MailFlyer, Inc. likewise has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted information and makes no representations or warranties about any information on the Site.

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY MAILFLYER, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. MAILFLYER, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MAILFLYER, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MAILFLYER, INC. DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM MAILFLYER, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MAILFLYER, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. UNDER NO CIRCUMSTANCES SHALL MAILFLYER, INC.’S LIABILITY ARISING FROM OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), EXCEED $100.

Links to Other Websites

Our Website may contain links to third-party websites. These links are provided solely as a convenience to you. By linking to these websites, we do not create or have an affiliation with or sponsor such third-party websites. The inclusion of links within our Website does not constitute any endorsement, guarantee, warranty, or recommendation of such third-party websites. MailFlyer, Inc. has no control over the legal documents and privacy practices of third-party websites; as such, you access any such third-party websites at your own risk.

Site Terms of Service Modifications

MailFlyer, Inc. may revise these Terms of Service for its Website at any time without notice. By using this Website, you are agreeing to be bound by the then-current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to MailFlyer, Inc.’s Website shall be governed by the laws of Florida without regard to its conflict of law provisions, and you consent to exclusive jurisdiction and venue in such courts.

Indemnity

You agree to defend, indemnify, and hold harmless MailFlyer, Inc., its affiliates, and their respective officers, directors, agents, and employees, from and against any claims, actions, or demands, including without limitation reasonable legal, accounting, and other professional fees, asserting or resulting from (i) any Content of most material you provide to the Site, (ii) your use of any Content, or (iii) your breach of the terms of these Terms. MailFlyer, Inc. will provide notice to you promptly of any such claim, suit, or proceeding.

General Terms

Our Legal Terms shall be treated as though it were executed and performed in Florida, United States, and shall be governed by and construed in accordance with the laws of Florida, United States without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website must be instituted within one (1) year after the cause of action arose or be forever waived and barred. Should any part of our Legal Terms be held invalid or unenforceable, that portion shall be construed consistent with applicable law, and the remaining portions shall remain in full force and effect. To the extent that any Content in our Website conflicts or is inconsistent with our Legal Terms, our Legal Terms shall take precedence. Our failure to enforce any provision of our Legal Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. The rights of MailFlyer, Inc. under our Legal Terms shall survive the termination of our Legal Terms.