Terms Of Use
Agreement Between User and Mail That Sells
Welcome to Mail That Sells. The Mail That Sells website (the “Site”) is comprised of various web pages operated by Mail That Sells. Mail That Sells is offered to you conditioned on your acceptance without modification contained herein (the “Terms”). Your use of Mail That Sells constitutes of the terms, conditions, and notices your agreement to all such Terms. By accessing or using the Site, you are agreeing to these Terms and concluding a legally binding contract with Mail That Sells.
Please read these terms carefully, and keep a copy of them for your reference. Do not access or use the Site if you are unwilling or unable to be bound by the Terms.
Electronic Communications
Visiting Mail That Sells or sending emails to MAIL THAT SELLS constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, 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. Your account is for your personal use only. Please provide accurate and truthful information in creating your account. Please note that you are not allowed to impersonate someone else (real or fictitious), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that MAIL THAT SELLS is not responsible for third party access to your account that results from theft or misappropriation of your account.
You agree to notify us immediately of any unauthorized use of your account. MAIL THAT SELLS and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. The Site may be modified, updated or suspended at any time without notice or liability and we reserve the right to close your account at any time for any or no reason.
MAIL THAT SELLS does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use Mail That Sell sonly with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
Mail That Sells may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of MAIL THAT SELLS and MAIL THAT SELLS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MAIL THAT SELLS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or control by MAIL THAT SELLS of the site or any association with its operators.
Certain services made available via Mail That Sells. LLC are delivered by third party sites and organizations. Some of the services made available through the Site may be subject to additional third party or open source licensing terms and disclosures. By using any product, service or functionality originating from the Mail That Sells domain, you hereby acknowledge and consent that MAIL THAT SELLS may share such information and data with any third party with whom MAIL THAT SELLS has a contractual relationship to provide the requested product, service or functionality on behalf of Mail That Sells users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Mail That Sells strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to MAIL THAT SELLS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of MAIL THAT SELLS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MAIL THAT SELLS content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MAIL THAT SELLS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MAIL THAT SELLS or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Mail That Sells LLC has no obligation to monitor the Communication Services. However, Mail That Sells reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MAIL THAT SELLS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
MAIL THAT SELLS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MAIL THAT SELLS ‘s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MAIL THAT SELLS does not control or endorse the content, messages or information found in any Communication Service and, therefore, MAIL THAT SELLS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MAIL THAT SELLS spokespersons, and their views do not necessarily reflect those of PRISSDY MEDIA .
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to Mail That Sells. LLC or Posted on any MAIL THAT SELLS Web page
MAIL THAT SELLS does not claim ownership of the materials you provide to Mail That Sells. LLC (including feedback and suggestions) or post, upload, input or submit to any MAIL THAT SELLS Site or our associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing or submitting your Submission you are irrevocably granting PRISSDY MEDIA , our affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. You hereby grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub licensable, transferable rights to use your Submission for any purpose.
No compensation will be paid with respect to the use of your Submission, as provided herein. MAIL THAT SELLS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MAIL THAT SELLS’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You assume all risks associated with our Submission. You may not imply that your Submission is in any way sponsored, endorsed or controlled by Mail That Sells.
You own your submission. We own all Mail That Sells content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Mail That Sells or MAIL THAT SELLS content except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Mail That Sells or MAIL THAT SELLS content are retained by us.
Third Party Accounts
You will be able to connect your MAIL THAT SELLS account to third party accounts. By connecting your MAIL THAT SELLS account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by MAIL THAT SELLS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the MAIL THAT SELLS Content accessed through Mail That Sells in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless PRISSDY MEDIA , its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MAIL THAT SELLS reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MAIL THAT SELLS in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAIL THAT SELLS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MAIL THAT SELLS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MAIL THAT SELLS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAIL THAT SELLS AND/OR ITS SUPPLIERS 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAIL THAT SELLS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
MAIL THAT SELLS reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and MAIL THAT SELLS as a result of this agreement or use of the Site. MAIL THAT SELLS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MAIL THAT SELLS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by MAIL THAT SELLS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MAIL THAT SELLS with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MAIL THAT SELLS with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Service Provider Designation of Agent to Receive Notification of Claims of Infringement
The Digital Millennium Copyright Act, signed into law on October 28, 1998, amended the United States Copyright Act, Title 17 of the U.S. Code, to provide in part certain limitations on the liability of online service providers (OSPs) for copyright infringement. Subsection 512(c) of the Copyright Act provides limitations on service provider liability for storage, at the direction of a user, of copyrighted material residing on a system or network controlled or operated by or for the service provider, if, among other things, the service provider has designated an agent to receive notifications of claimed infringement by providing contact information to the Copyright Office and by posting such information on the service provider’s website in a location accessible to the public. The provision of information to the Copyright Office about the service provider’s designated agent is a condition for reliance on the limitations on liability for service providers.
Mail That Sells policy is to act expeditiously upon receipt of written notification of claimed copyright infringement. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing : (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have 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; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent via certified mail:
Copyright Agent
Cassandra Segoviano
Mail That Sells LLC.
8748 Clay Road, Suite 300B
Houston, Texas 77080
Changes to Terms
MAIL THAT SELLS reserves the right, in its sole discretion, to change the Terms under which Mail That Sells. LLC and MailThatSells.com is offered. The most current version of the Terms will supersede all previous versions. You understand and agree that you will be governed by the Terms in effect at the time of your access to the Site. MAIL THAT SELLS encourages you to periodically review the Terms to stay informed of our updates. You understand and agree that your continued access to or use of the Site after the effective date of modifications to the Terms indicates your acceptance of the modifications.