These website terms of use (the “Terms”) apply to the entire contents of our website under the domain name www.esendex.com (the "Website"), and to any correspondence by email between us and you. This Website is owned and operated by Esendex Inc. We are the U.S. subsidiary of Esendex Limited, our parent company based in the United Kingdom.
Please read these Terms carefully before using the Website. Using the Website or any of our services indicates that you accept these Terms regardless of whether or not you choose to register with us. Use of this Website is subject to our Privacy Policy, posted at the footer of the Website, and incorporated in these Terms by reference. If you do not accept these Terms, do not use the Website.
You may access most areas of the Website without becoming a registered user, but certain areas and services of the Website are only open to you if you are a registered user.
By accessing any part of the Website or by using our services, you shall be deemed to have accepted these Terms in full. If you do not accept these Terms in full, your sole remedy is to discontinue your use of the Website.
We may revise these Terms at any time by updating this posting. You should check the Website from time to time to review the then current Terms. Your continued use after a change has been posted constitutes your acceptance of those changes going forward. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Website.
The Website and our services are not intended for persons under the age of 18. We do not seek through this Website to gather personal information from or about children under the age of 13.
2. Use of the website
Prices appearing on the Website are not offers either from us or any applicable third parties. They are an invitation for you to make an offer. Please read the terms and conditions of the relevant product or service before entering into a transaction on the Website.
The material made available at this Website is protected by copyright. You are permitted to download one copy of the materials available at this Website onto any single computer and produce one printed copy for your personal, noncommercial use only, provided:
You do not modify the material (including but not limited to graphics) in any way;
No graphics on the Website are used separately from accompanying text; and
Our copyright and trademark notices and a permission notice appear in all copies.
Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these Terms, any use of materials from the Website other than in accordance with paragraph 2.2 above for any purpose is prohibited. If you breach any of these Terms, your permission to use the Website automatically terminates and you must immediately destroy any downloaded or printed materials obtained from the Website.
Subject to paragraph 2.2, no part of the Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission
If you download any software from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or by other companies where so indicated. We do not transfer title to the Software to you. You may own the medium on which the Software is recorded, but we, or other companies where so indicated, retain(s) full and complete title to the Software, and all intellectual property rights therein. Except as otherwise authorized by us, you may not redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
All trademarks, service marks, logos and trade names on this Website, whether registered or unregistered, including but not limited to “Esendex,” are proprietary to us or to other companies where so indicated. Except as provided in paragraph 2.2 above, you may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of us or the appropriate owner thereof
Any rights not expressly granted in these Terms are reserved.
3. Website access
While we endeavor to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
We reserve the absolute right to withdraw access to a free trial if we believe that it is being used improperly or access is being abused, in particular if the trial is being used for personal or inappropriate use.
You understand that messages sent or received to or from a free trial may be scrutinized to determine whether or not they are appropriate.
4. Visitor material and conduct
Other than information covered under our Privacy Policy, any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting (or assisting or permitting any other person to post or transmit) to or from the Website any material:
That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
for which you have not obtained all necessary licenses and/or approvals; or
Which constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of, or infringe the rights of any third party; or
Which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone engaging in any activity in breach of paragraph 4.2 or paragraph 4.3 above.
5. Links to and from other websites
Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. We have not reviewed any of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and we shall have no liability to you for any failure on the part of the operator of the linked website or any of its suppliers to fulfill any obligation owed to you or for any defective or deficient product or service any of them might supply to you. These Terms do not apply to any third party website.
If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
You do not remove, distort or otherwise alter the size or appearance of our logo;
You do not create a frame or any other browser or border environment around the Website;
You do not in any way imply that we are endorsing any products or services other than our own;
You do not misrepresent your relationship with us nor present any other false information about us;
You do not otherwise use any of our trademarks displayed on the Website without our express written permission;
You do not link from a website that is not owned by you; and
your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in paragraph 5.2 for breach of these Terms and to take any action we deem appropriate.
As more fully set forth in paragraph 9 below, you shall fully indemnify us for any loss or damage we suffer or any of our affiliates suffer for breach of paragraph 5.2.
6. Registration
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you.
By registering, you represent, warrant and covenant that you will: (a) provide true, accurate, current and complete information about yourself, and (b) maintain and promptly update the registration data to keep it true, accurate, current and complete.
You agree to promptly notify us of any unauthorized use of your user name, password or any other breach of security that you become aware of involving or relating to the Website by emailing us at support@esendex.us. WE EXPLICITLY DISCLAIM LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES ARISING FROM YOUR FAILURE TO COMPLY WITH THIS PARAGRAPH 6.
7. Disclaimer
While we endeavor to ensure that the information on the Website is correct, we do not warrant the accuracy or completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.
Other than any service you decide to accept on separate terms and conditions from us, the material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, WE PROVIDE YOU WITH THE WEBSITE ON THE BASIS THAT WE EXCLUDE ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS, AND WE HEREBY EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY.
8. Limitation of Liability
WE, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE WEBSITE), AND ANY OF OUR AFFILATES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES, OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE WEBSITE IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE OR ANY WEBSITES LINKED TO THE WEBSITE, EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATION OF LIABILITY, SO PORTIONS OF THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU.
Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence or fraudulent misrepresentation.
If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
9. Indemnity
You agree to indemnify, defend and hold us, our affiliates, and directors, employees, agents and contractors of each of them, harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (a) your breach of any provision of these Terms or (b) your activities in connection with this Website.
10. Data protection
For the purposes of data protection legislation within the United Kingdom you hereby consent to our processing of “personal data” (as defined by the Data Protection Act 1998) by submission of your personal information on the Website and we agree that we will treat the personal data as confidential.
You acknowledge and agree to the terms of our Privacy Policy.
11. Governing law and jurisdiction
These Terms shall be governed in accordance with the laws of the state of California, without regard to its principles of conflict of laws.
Any dispute, controversy or claim arising out of or relating to the use of the Website or these Terms, including any breach thereof, shall be finally decided by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules. Subject to any valid requirements of any applicable statute, any such arbitration shall be held in San Francisco, California. The award rendered by the arbitrator shall be final, and judgment may be entered upon it at any court having jurisdiction.
Without limiting our rights under paragraph 11.2, where we or you makes a good faith determination that a breach of these Terms by the other (including infringement of intellectual or proprietary rights) is such that a temporary restraining order or other injunctive relief is the only appropriate and adequate remedy, such action may proceed without first resorting to arbitration.
12. Termination
We may terminate your use of this Website or any of our services at any time, and for any reason without notice, for conduct violating these Terms. Upon any such termination, you must destroy all materials obtained from this Website and all copies thereof. The provisions of these Terms concerning Website security, prohibited activities, copyrights, trademarks, user submissions, disclaimer, limitation of liability, indemnity, and jurisdictional issues shall survive any such termination.
13. Miscellaneous
The information communicated through the Website and our services constitutes an electronic communication. When you communicate with us through the Website and our services or the Website or other forms of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by us.
If any part of these Terms are unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected.
These Terms set out the whole of our agreement relating to use of and access to the Website. They may not be varied by you at any time. Nothing said by any person on our behalf should be understood as a variation of these Terms or an authorized representation about the Website or the nature and quality of items displayed thereon. We shall have no liability for any such representation being untrue or misleading.
