Terms of Service

Welcome to the terms of service that govern your use of the services provided by Sender, Inc. (“Sendoso,” “Sendoso.com,” “We,” “Our,” “Company,” or “Us”). We provide a software-as-a-service platform that (a) makes products available for purchase (b) allows any authorized user or any authorized person (collectively, "Customers", "Customers", "You", "Your") to send gifts, which include and not limited to eGifts, direct mailers, custom gifts, and/or 3rd party gifts (collectively the “Service”), www.Sendoso.com, and all linked pages thereof (collectively, the “Site”). Company is not a bank, a money services business (“MSB”), a money transmitter (“MTB”), or an issuer of stored value products, as defined by the United States Department of Treasury. We maintain a software-as-a-service platform and gifting service that offers notification and marketing services.

Sendoso Agreement

The terms and conditions below in their entirety are a legal agreement (the “Agreement”) between you and Us. When you purchase our products and/or use the Service, you must accept all of the terms of this Agreement. By clicking on the "Log in", "Sign-up" “Sign-Up Now”, "Send", “Install”, “activate”, or "complete" buttons you agree to accept all of the terms. Company will use commercially reasonable efforts to provide Customer the Services in accordance with the terms and limitations of each Order Form or Signup Form and hereby grants Customer a non-exclusive right to access and use the Services during the Term (defined on Order Form or Signup Form), and reasonable support services in accordance with Company's standard practice. Because you are agreeing to the Terms on behalf of a business/company, you represent and warrant that you have the authority to bind such entity to the Terms and the terms “you” or “your” refer to such company/business.

Access to Software-As-A-Service Platform

During the period of time that you maintain an account with us, you agree to maintain a valid email address where we may deliver information, notifications and disclosures to you. You will promptly notify us of any change in your email address. You understand that our ability to provide you this information is dependent upon this maintenance of a valid email address. Subject to completing our enrollment requirements, various eGift card (collectively, “eGift Cards”) will be available for you to purchase, in bulk, for your business. Company may reject access and refuse access to or use of our eGift Cards, products or services to anyone at any time, in its sole discretion. If your account is disabled by us, you, or anyone acting under your discretion, is/are strictly prohibited from creating another account on the Site. We may restrict access to funds in your account to allow us to investigate the use of your account, resolve any pending dispute, in response to a court order or if otherwise requested by law enforcement or any governmental entity. We may restrict access to funds in your account for the time that it takes for us to complete any pending investigation or resolve a pending dispute. If you fail to comply with Terms on Order Form or Signup Form and your We also may restrict access to your funds as required by law, court order, or if we receive a lawful request from law enforcement or Software-As-A-Service account is expired then we reservce the right to delete your account. There are no refunds for any reason for fees paid for access to Software-As-A-Service platform and there is no refunds for funds added to account balance for any reason.

Use of eGift Cards

The eGift Cards that you purchase are issued and activated by participating third-party merchants, retailers and vendors (collectively “Vendors”). After purchasing an eGift Card, these Terms will no longer apply and the eGift Card will be governed by certain terms and conditions established by the issuing Vendor.

Use of Warehouse Space

Company may provide You with access to store physical gifts and goods at one of our partner warehouse locations. You are required to pay any and all storage fees and other associated fees as described in the pricing section of the Agreement. Please refer to your Order Form for details. Company is not liable for items at warehouse locations or in transit from or to warehouse locations or in transit from or to recipient locations. Please refer to carrier websites for package delivery insurance details.

Gift Card Expiration

The expiration of your Gift Card is dependent on the specific Vendor policies. We have no control over the expiration date, however, most Gift Cards have no expiration date. After the Gift Card has expired or is deactivated, it is no longer valid.

No Returns or Refunds

All purchases are final and non-refundable and non-transferable and non-returnable.

Term Length and Auto Renewal

The term of your SaaS Subscription is either based on what you selected when you signed up on Sendoso.com or what your signed Order Form says. All SaaS Subscriptions automatically renew at the same term length until Subscripiton is cancelled or until the end date on the Order Form.

Fees and Taxes

In exchange for providing the Service, the Company charges service fees (collectively “fees”). As the Customer, you agree to pay these fees as listed on Site or on the Order Form. These fees may appear on your bank statement under the name Sendoso. Subject to the terms of this Agreement, We reserve the right to change our fees. If We change our fees, the new fee will be displayed on Site. All fees, charges, and payments collected or paid through the Service are denominated in U.S. dollars.

Paying for a Fee or eGift Card Purchase

In order to purchase an eGift Card, the Company accepts many forms of payment, including U.S. bank issued credit cards and debit cards. To create an account on Site, you will be asked to provide your billing information. We, or our payment processor, will charge your form of payment the full balance of your transaction. Billing occurs at the time of, or shortly after, your transaction. You agree that you will pay for the Service you purchase, and that the Company may charge your credit card, debit card, or other form of payment for any products purchased and for any additional amounts that may be accrued by or in connection with your Profile. You are responsible for the timely payment of all fees and for providing the Company with a valid form of payment. Prices for products offered via the Service may change at any time, and the Company does not provide price protection or refunds in the event of a price reduction or promotional offering. The Company reserves the right to change content option, including eligibility for and availability of particular features and promotions, without notice. All purchases are final and as-is, there are no refunds offered for gifts, credits, or monthly service fees.

Sendoso Profile

You must register for, and be issued, a Profile (“Profile”) with the Company to use the Service. By creating a Profile you agree to allow the Company to collect information. Additionally, you agree to provide accurate and complete information when you register with, and as you use, the Service. You further agree to update your registration information in order to keep it accurate and complete. You agree that the Company may store and use the information you provide, or authorize the Company to access, in connection with the Service.

Profile Updates and Statements

You will not be issued a statement in connection with your Profile. Except as required by law, you are solely responsible for (a) compiling and retaining permanent records of all transactions and other data associated with your gifts and Buying Actions and your use of the Service and (b) reconciling all transactional information associated with your gifts and Buying Actions. If you believe that there is an error, or unauthorized transaction activity associated with your gifts, you agree to contact us immediately.

Privacy & Security

Sendoso takes your privacy and security very seriously. Therefore our Privacy Policy is available at www.Sendoso.com/privacy and is incorporated by reference in this terms of service. You agree to abide by all terms set forth in the Privacy Policy, and at all times your information will be treated in accordance with the Privacy Policy. We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. You acknowledge that you provide your personal information at your own risk and the Company shall not be liable for the unauthorized access of your personal information.

Interacting With Sendoso

What you need to have to use the Service - Use of the Service requires Internet access and certain software (fees may apply), and may be affected by the performance of these, and other, factors. You agree that these requirements are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service. The Company does not warrant, represent, or guarantee that its Site or Service will be available on your mobile device. If you do use a mobile device to access the Service, you are subject to the terms of your agreement with your mobile device manufacturer and carrier. You may incur charges from your mobile carrier for accessing the Service, which are solely your responsibility.

Who May Use The Service

The Service is available for individuals who are at least eighteen (18) years of age or business entities authorized to conduct business by the state in which it operates. The Service is available only in the United States, its territories, and possessions. You agree not to use or attempt to use the Service from outside these locations. You may not export the Service directly or indirectly, and acknowledge that the Service may be subject to export restrictions. To access the Service you represent and warrant to Us that: (a) you are at least eighteen (18) years of age; (b) a person in the United States; (c) that the Recipient of the gift is a person in the United States and at least eighteen; (d) you are eligible to register and use the Service and have the right, power, and ability to enter into and perform under this Agreement; (e) the name identified by you when you create your profile is your legal name (f) any transaction entered into by you will represent a binding agreement; and (g) you and all transactions initiated by you will comply with all applicable federal, state, and local laws, rules, and regulations, including any applicable tax laws and regulations. Your use of the Service includes the ability to enter into agreements and to make transactions electronically. You acknowledge that either your using of the Service or your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreements and transactions. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on this Site, including notices of cancellation, policies, contracts, and applications. To access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

The Company’s Rights

We reserve the right to decline to provide the Service to any person for any or no reason. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Service and Sites. The Company reserves the right to close a user’s Profile or take other appropriate actions if such user violates any of the this terms of service in whole or part, or engages in any conduct the Company deems inappropriate.

Interacting with other Members of the Service

You are solely responsible for your interactions with other users of our Service. We will not be responsible for any damage or harm resulting from your interactions with other users of our Service. We do not confirm any user's purported identity. We do not endorse any persons who use or register for our Services, whether as senders or recipients. We do not investigate any user's reputation, conduct, morality, criminal background, or verify the information that any user submits to the Site. If you receive a gift from someone whom you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, or who engages in any other disturbing conduct, you should report such person to the appropriate authorities and to us at info[at]Sendosoapp.com. Your report of misconduct by another shall not obligate us to take any action, unless required by law, or cause us to incur any liability. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users will be limited to a claim against the particular user or users who caused you harm. You agree not to attempt to impose liability on, or seek any legal remedy from the Company. You release the Company from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other users on the Site.

First and Third Party Services and Materials

You agree that any ideas, feedback, information, materials or content that you provide, submit, upload or otherwise transmit to the Sites (“User Content”) will be available for our use free of any obligations to you, and you hereby (a) grant to the Company a royalty-free, perpetual, irrevocable, non-exclusive, worldwide license to any and all rights in the User Content including all copyrights therein, for any exploitation by the Company and/or by any person authorized by the Company, by any means and in all media now known or hereafter devised, without payment to you or any third party, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity; (b) waive all moral rights in the User Content which may be available to you; (c) appoint the Company as your agent with full power to enter into any document and/or do any act the Company may consider appropriate to confirm the grant and waiver set out above; (d) warrant that you are the owner of the User Content and entitled to enter into these Terms of Use; (e) confirm that no such User Content is subject to any obligation, of confidence or otherwise, to you or any third party, and that the Company shall not be liable for any use or disclosure of such User Content. In your use of the Service you may be offered services, products and promotions provided by third parties and not by the Company. If you decide to use these Third Party Services you will be responsible for reviewing and understanding the terms and conditions associated with these services. You agree that the Company is not responsible for the performance of these services. The Site may contain links to third party websites as a convenience to you. The inclusion of any website link does imply an approval, endorsement, or recommendation by the Company. You agree that you access any such website at your own risk, and that the site is not governed by the terms and conditions contained in this Agreement. The Company expressly disclaims any liability for these websites. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on our website, is subject to that website’s own rules and policies. THE COMPANY WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THIRD PARTY SERVICES NOR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH WEBSITES.

Intellectual Property

You agree that the Service, including graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contains proprietary information and material that is owned by the Company, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity. “Sendoso,” “www.Sendoso.com,” and other giftSedner trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Sender, Inc. in the United States. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks. You may not display any portion of our Site in a frame, or any content from our Site through in-line links, without our prior written consent, which may be requested by contacting us at hello[at]Sendoso.com. You may, however, establish ordinary links to the homepage of our Site without our written permission, and you may make use of embedded code, also known as "widgets," if we have provided the code.

Fraud, Abuse and Harm

We may decide not to authorize or settle any transaction that you submit to us if we believe that the transaction is in violation of any agreement or exposes you, other users, our service providers or the Company to harm. Harm includes fraud and other criminal acts. If we reasonably suspect that your Profile has been used for an unauthorized, illegal, or criminal purposes, you give us express authorization to share information about you, your Profile or purchase and any of your activity with law enforcement authorities. The Company reserves the right to review, postpone, or cancel the purchase of any gifts to any user at our discretion. Additionally, you represent and warrant that you will not use the Service, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the use of the Service, and you will not use the Service for: (1) any illegal activity; (2) adult entertainment oriented products or services, regardless of the manner or form of such products; (3) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries.); (4) internet/mail order/telephone order firearm or weapon sales; (5) internet/mail order/telephone order cigarette or tobacco sales; (6) drug paraphernalia; or (7) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races; (8) infringing the rights or any person or entity, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service-attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods of technology; (9) transmitting, distributing, posting or submitting any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers; (10) the distribution of unsolicited commercial email ("spam") or advertisements; (11) "stalking" or harassing any other user of our Services or collecting or storing any information about any other user other than for purposes of transacting as a user of the Service; (12) registering for more than one user account or registering for a user account on behalf of an individual other than yourself; (13) impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity; (14) running automated scripts to collect information or otherwise interact with the Service or the Site; or (15) advocating, encouraging, or assisting any third party in doing any of the foregoing.

Termination

We may terminate this Agreement and close your Profile for any reason or no reason at any time upon notice to you. We may also suspend the Service and access to your Profile if you (a) have violated the terms or conditions of the Agreement, (b) pose an unacceptable risk to us, or (c) provide any false, incomplete, inaccurate, or misleading information or otherwise engage in fraudulent or illegal conduct. If your Profile is terminated for any reason or no reason you agree: (a) to continue to be bound by this Agreement; (b) to immediately stop using the Service; (c) that we reserve the right, but have no obligation, to delete your information and account data stored on our servers; and (d) that the Company shall not be liable to you or any third party for termination of your access to the Service or deletion of your information or account data. If your account is terminated and you have items in a warehouse you are responsible for paying the full shipping and processing fee within thirty (30) days and all items must be shipped back to the address you provide. This Agreement may not be terminated by you for convenience and may only expire at the end of the Agreement Term. Upon closure of a Profile, any pending transactions will be cancelled. Any pending Account Balance in custody for you at the time of closure, less any applicable fees, will be paid out to you in a reasonable time. If an investigation is pending at the time you close your Profile, we may hold your funds as described herein. If you are later determined to be entitled to some or all of the funds in dispute, we will release those funds to you. If we terminate this Agreement and your Profile, and you will remain liable for all amounts due under your Account up to and including the date of termination.

Restrictions, Limitations, Reporting Requirements and Warranties

Restricting Access to Sendoso for Investigations - We may restrict access to your Profile in your to allow us to investigate the use of your Profile, resolve any pending dispute, in response to a court order or if otherwise requested by law enforcement or any governmental entity. We may restrict access to Profile for the time that it takes for us to complete any pending investigation or resolve a pending dispute. We also may restrict access to your funds as required by law, court order, or if otherwise requested by law enforcement or governmental entity.

Tax Reporting Requirements

Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements. We cannot and do not offer tax advice to users.

Purchasing Limitations

We may, in our sole discretion, prohibit the sale of a gifts or the creation of a Profile for any reason.

Warranties

The Company make no warranties, express or implied, with respect to a gift, including, without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. These limitations may not apply to you. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or liability may not apply to you, and you may also have additional rights.

Risk of Loss

Risk of loss and title for gift transmitted electronically pass to the purchaser in Virginia upon electronic transmission to the Recipient. Risk of loss and title for all electronically delivered transactions pass to the purchaser in California upon electronic transmission to the Recipient. The Company is not responsible for lost or stolen gifts Sendoso is not a money services business – The Company is not a bank or a money services business (“MSB”) and we do not offer banking or MSB services as defined by the United States Department of Treasury. Accordingly, you agree that you will not use the Service primarily for the purpose of transmitting funds.

Governing Law

Regardless of the state of your residence as a Buyer or Recipient of the Service, this Agreement will be governed by California law as applied to agreements entered into and to be performed entirely within California, without regard to its choice of law or conflicts of law principles, except to the extent preempted, superseded, or supplemented by federal law. You agree that the provisions of this Agreement relating to interest, charges and fees shall be governed by federal law and construed in accordance with federal law, and as made applicable by federal law, the law of the state of California. This Agreement does not limit any rights that the Company may have under trade secret, copyright, patent or other laws.

Changes to this Agreement

The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Service. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. If written notice is required by law, the Company will provide such notice to you. Amendments will apply to outstanding balances, except as otherwise indicated in the written notice or as otherwise provided by applicable law. Your continued use of the Service will be deemed acceptance thereof. This Agreement, except when amended in accordance with this Agreement, is the final expression of the Agreement between the Company and you and may not be contradicted by evidence of any alleged oral agreement. This Agreement and any revision thereof can be found at www.Sendoso.com

Electronic contracting

By clicking on the "Log in", "Sign-up" “Sign-Up Now”, "Send", “Install”, “activate”, or "complete" buttons or taking Buying Actions as mentioned above you hereby adopt that click as your electronic signature, and both consent to and agree that: (1) We can provide disclosures required by law and other information about your legal rights and duties to you electronically.

Access

You understand that in order to access and retain the electronic Disclosures you will need the following: (1) A computer with an Internet connection. (2) A current web browser that includes 128-bit encryption. (Minimum recommended browser standards are Microsoft Internet Explorer version 7.0 and above, Firefox version 4.0 and above, or Safari 4.0 and above.) The browser must have cookies enabled. (3) A valid email address (4) If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add gift[at]Sendoso.com and info[at]Sendosoapp.com to your email address book. Updating E-mail Address - At any time, you can update the e-mail . You can change your e-mail preferences by logging into www.Sendoso.com and going to “Settings.” You can also do this by contacting us at hello[at]Sendosoa.com.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, THE COMPANY, ITS PROCESSORS, ITS PROVIDERS, ITS LICENSORS (AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS PROCESSORS, SUPPLIERS OR ITS LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR PROFILE OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS PROCESSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Sendoso, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Indemnity

You will indemnify, defend and hold us and our processors harmless (and our respective employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Agreement, including without limitation any violation of our terms and conditions; (b) your wrongful or improper use of the Service; (c) any transaction submitted by you through the Service (including without limitation the accuracy of any product information that you provide or any claim or dispute arising out of products or services offered or sold by you); (d) your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (e) your violation of any law, rule or regulation of the United States or any other country; or (f) any other party’s access and/or use of the Service with your unique username, password or other appropriate security code.

Disputes

Except as expressly provided in this Agreement, these terms are a complete statement of the agreement between you and the Company, and describe the entire liability of the Company and its vendors and suppliers and your exclusive remedy with respect to your access and use of the Service. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The Company’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control. In the event of a conflict between this Agreement and any other Company agreement or policy, this Agreement shall prevail on the subject matter of this Agreement. Headings in this Agreement are included for convenience only, and shall not be considered in interpreting this Agreement.

Arbitration

For any claim (excluding claims for injunctive or other equitable relief) where the total amount sought is less than $10,000.00 USD per claimant, the dispute shall be resolved through binding non-appearance-based arbitration before a sole arbitrator and through an alternative dispute resolution (ADR) provider selected by the party initiating arbitration from a list of qualified providers maintained by the Company. The parties further agree that the prevailing party in the arbitration shall be entitled to recover its costs of arbitration or of any related court proceedings (including attorneys’ fees and expenses), collection agency fees, and any applicable interest. The arbitrator’s award shall be final and binding on the parties, who undertake to fulfill the terms of the award without delay. Judgment on the award may be entered in any court of competent jurisdiction.

Limitation on Time to Sue

Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under this Agreement or by law must commence within one year after the cause of action accrues.

Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions of this Agreement.

Miscellaneous

The Company reserves the right to take steps we believe are reasonably necessary or appropriate to enforce or verify compliance with any part of this Agreement. You agree that the Company has the right, without liability to you, to disclose any registration data and other Account information to law enforcement authorities, government officials, or a third parties, as the Company believes is reasonably necessary or appropriate to enforce or verify compliance with any part of this Agreement. The Company is not responsible for any typographical errors.

Contact

Please contact us at hello[at]Sendoso.com with any questions regarding these Terms.

Last Updated

January 1, 2017