Simpler Postage, Inc. (d/b/a BuySafe) (“BuySafe”) provides the content of the buysafe.com site(s) (the “Site”) on the World Wide Web (“Web”) as a service to our customers and visitors. We require that all visitors to the Site adhere to the following Terms of Use. By accessing the Site and any of its pages, you indicate your acknowledgement and acceptance of the Terms of Use set forth below without limitation or qualification. We may revise these Terms of Use at any time by updating this posting, which revisions will be binding upon all visitors to the Site. You should therefore visit this posting to review these Terms of Use whenever you visit the Site. For purposes of these Terms of Use, references to “us,” “our” and “we” refer to BuySafe and its affiliates, directors and employees, and the terms “you” and “your” refer to you, the visitor to the Site.

I. Access to buysafe.com

Visitors to the Site are permitted to view certain non-interactive introductory pages of the Site without registering. However, in order to access certain pages of the Site you must register on line and give us certain information about yourself.

II. Laws and Regulations

User access to and use of the Site is subject to all applicable federal, state and local laws and regulations. Unauthorized use of this system is prohibited and violators can be prosecuted under federal and state laws. Virginia law and Federal law will govern the interpretation and enforcement of these Terms of Use.

III. Copyright and Trademark Information

The text and images herein (other than certain images licensed from third parties) and their arrangement, are copyrighted by BuySafe. All rights reserved. The BuySafe name and logo are trademarks of Simpler Postage, Inc. (d/b/a BuySafe) (“BuySafe”). Designated trademarks and brands are the property of their respective owners.

Unless unambiguously and expressly provided on the Site, nothing contained on the Site shall be construed as granting any license or right under any patent, trademark, copyright or proprietary or other intellectual property rights of any kind to any visitor to or user of the site, whether by implication, estoppel, or otherwise You are authorized by us to copy, transmit or display any information registered or owned by us on any page of the Site solely for your personal, non-commercial use, provided that any such copy, transmission or display includes any copyright, trademark or service mark attribution as it appears on such page. The information and materials contained at the Site may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work or otherwise used for commercial or public purposes without our prior written consent. The Site, including this page, may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Certain images and information at the Site are the copyright or trademark of third parties and any use is subject to the Terms of Use of such third parties.

IV. Limitation of Liabilities and Warranties

INFORMATION ON THE SITE IS PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The information contained at the Site may include technical inaccuracies or typographical errors. We from time to time amend, change, add, delete, update or alter the information contained at the Site, including information regarding the products and services described at the Site, without notice. We assume no liability for any errors or omissions in the information contained at the Site and expressly disclaims any responsibility to update the information contained at the Site. IN NO EVENT SHALL WE BE LIABLE FOR ANY PUNITIVE, SPECIAL, DIRECT, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT AND TORT ACTIONS (INCLUDING LIBEL), ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING OR DISPLAY OF, OR THE INTERACTION OR ANY OTHER FORM OF COMMUNICATION WITH, THE SITE AND THE INFORMATION CONTAINED AT THE SITE (INCLUDING VIA COMPUTER VIRUSES OR ANY OTHER FORM OF SOFTWARE). IN ANY EVENT, THE MAXIMUM AMOUNT FOR WHICH WE SHALL BE LIABLE TO YOU IS THE AMOUNT OF ANY PURCHASE YOU HAVE MADE ON WHICH THE LEGITIMATE BUYSAFE SEAL HAS BEEN INCLUDED.

V. Marketing

Regardless of whether you have chosen to opt out of certain marketing offers from us, by using buysafe.com you agree that we may market our services and the services of other companies on the Site through the use of banner ads, “hyper-links,” and other similar marketing devices. Products offered will be at our sole discretion, and may be provided by companies not affiliated with us. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. We do not make any representations about such services, benefits or products and do not legally endorse or guarantee products or services provided by non-affiliated companies and such products or services are neither FDIC- insured nor bank guaranteed.

VI. Links to Other Internet Web Sites

Some of the Web sites listed as links herein are not under the control of us, but rather are exclusively controlled by third parties. Accordingly, we make no representations whatsoever concerning such Web sites. Although we may provide a link to a third party, such a link is not an authorization, endorsement, sponsorship or affiliation by us with respect to such Web site, its owners or its providers. We are providing these links only as a convenience to you. We have not tested any information, products or software found on such Web sites and does not make any representations whatsoever with respect thereto. It is up to you to take precautions to ensure that whatever you select is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. IN NO EVENT WILL ANY OF US BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF ANY HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

VII. Identifying Information

When you register to obtain access to the Site, apply for or obtain a service from us, we may ask for certain identifying information. You agree to provide us with accurate and complete information about yourself and your residence. You agree to never impersonate any other person or entity, misrepresent your affiliation with another person, entity or association, use false headers or otherwise conceal your true identity from us for any purpose. We will treat the information that you provide to us in accordance with our then-current Privacy Policy. Click here to view our Privacy Policy. For your protection, and the protection of our other customers, you should never share your identifying information that is required to access certain sections of the Site (such as passwords, usernames and screen names) with others. You are responsible for all messages posted, statements made or acts or omissions that occur in connection with the identifying information you provide to us, or made through or under your user name, password or account number(s), and you agree not to hold us liable for any damages of any kind resulting from your decision to disclose your user name, password, or account number(s) to a third party. If you believe that someone has used your identifying information, your user name, password or account number(s) to access any of our products or services without your authorization, or you believe that you may have lost or there has been a theft of your identifying information, user name, password and/or account number(s), e-mail us immediately at CustomerSupport@buysafe.com.

VIII. Notices and Communications

By using the Site, you are consenting to electronic delivery of information, including but not limited to any notices, disclosures, disclaimers or changes-in-terms related to the Site (“Communications”) in HTML format. You agree that we may provide change-in-terms notices to you, in our sole discretion, by sending an e-mail to you, by making the Communication regarding such a change-in-terms available at our Site, or by sending you a change-in-terms in a paper format to the property address we have for you in our records. You agree to accept all Communications from us regarding the use of our products and services at the address(es) we have for you in our records, or, in our sole discretion, by our making such Communications available to you at the Site. If your address(es) changes at any time, you agree to promptly inform us of any such changes to your information by sending us an e-mail at CustomerSupport@buysafe.com. We are entitled to rely on the e-mail address and U.S. mail address that you last provided to us, and you agree to waive all claims resulting from your failure to receive communications from us due to a change in your e-mail or U.S. mailing address. You agree that we may communicate with you about our products and services by e-mail. You can elect not to receive certain marketing e-mail solicitations from us by following instructions in our Privacy Policy or by sending an e-mail to us at CustomerSupport@buysafe.com in which you identify yourself and clearly opt out of receipt of marketing solicitation e-mails from us. You hereby directly consent, however, to receipt of e-mail from us of information that we believe is important about your account or products or services you receive from us, including but not limited to legal communications. You are deemed to have received any electronic messages we send to you upon the earlier of our e-mailing them or otherwise making them available to you at our Site. You can cancel your agreement to receive or access Communications related to these Terms of Use electronically by sending us a notice in writing that you are withdrawing such consent which includes your name, user name and the date of the written notice; the cancellation is effective only after we have (1) received written notice at CustomerSupport@buysafe.com or PO Box 9289, Arlington, VA 22219 and (2) had a reasonable period of time to act upon your withdrawal of consent. It does not otherwise operate as an opt-out of receiving any other information or Communications from us or third parties, electronically or in any other form, or in any way affect your obligation to abide by and comply with these Terms of Use at all times.

IX. Feedback

Any comments or materials sent to us, including feedback data, such as questions, comments, suggestions or the like regarding the content of any such documents (collectively “Feedback”), shall be deemed to be our property. Our use of the Feedback will be in compliance with our Privacy Notice, which is set forth on the Site, and applicable laws. We shall have no additional obligations with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, we shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback. Application information submitted to us shall be treated confidentially to the extent required by applicable law or as disclosed in such application.

X. Prohibited Uses of the Site, our Services or our Products

You agree that you will not (1) use any electronic communication feature offered by or through us or the Site for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy or property, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful, and you will comply at all times with all applicable laws and regulations; (2) upload, post, reproduce or distribute any information, software or other material protected by copyright or any other intellectual property right, or the rights of publicity and privacy, without first obtaining the permission of the owner of such rights to such usage; (3) collect or store personal data about other users; (4) use our products or services for any commercial purposes not expressly approved by us in writing; (5) upload, post, e-mail, or otherwise transmit any advertising or solicitation material, including but not limited to junk mail, surveys, spam, chain letters, pyramid schemes or any other form of solicitation or unauthorized communication; (6) upload, post, e-mail or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment; and (7) with the exception of using commonly known web browser software, use any software, program application or any other device to access or log onto our computer systems, the Site or proprietary software, or to automate the process of obtaining, downloading, transferring or transmitting any content to or from our computer systems, the Site or our proprietary software.

XI. Violations of Terms of Use and Indemnification

We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to the Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF US FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES, RELATED TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR USE OF THE SERVICES AND INFORMATION PROVIDED AT THE SITE.

XII. Other Provisions

Severability. If any clause or provision of these Terms of Use is deemed invalid or unenforceable for any reason, the remaining provisions shall remain valid and enforceable. The invalidity or unenforceability of any term, clause or provision in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

Waiver. No waiver of any provision of these Terms of Use or of the rights and obligations of any of us shall be effective unless in writing and signed by an authorized officer or agent of such waiving party. Any waiver shall be effective only in the specific instance and for the specific purpose stated in such writing.

Successors and Assigns. These Terms of Use shall be binding upon and inure to the benefit of each of us and you and our respective successors and assigns. You may not transfer or assign any of the obligations, rights or interests under these Terms of Use without our prior written consent.

Attorneys’ Fees. If any claim, legal action or any arbitration or other proceeding is brought for the enforcement of these Terms of Use or because of an alleged dispute, breach, default or misrepresentation in connection with the provision of the Site or these Terms of Use, the prevailing party shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that claim, action or proceeding, in addition to any other relief.

Governing Law. These Terms and Conditions shall be governed by the laws of the Commonwealth of Virginia and, where applicable, by federal law.

Dispute Resolution. You agree that you will notify us in writing of any claim or dispute concerning the Site, or the information or services or products provided by or through it, and give us a reasonable period of time to address the claim or dispute BEFORE bringing any legal action, either individually or as a class member, against us.

Waiver of Jury Trial; Limitation on Actions. ALL PARTIES, INCLUDING YOU AND EACH OF US, WAIVE TRIAL BY JURY WITH RESPECT TO ANY DISPUTE RELATING TO THESE TERMS OF USE OR YOUR OBTAINING PRODUCTS OR SERVICES THROUGH ANY OF US OR THE SITE. ANY CLAIM OR CAUSE OF ACTION WHICH YOU MAY HAVE WITH RESPECT TO ANY OF US MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES, UNLESS THE MANDATORY PERIOD OF LIMITATIONS ALLOWABLE BY LAW IS LONGER THAN ONE (1) YEAR, IN WHICH CASE THE MINIMUM PERIOD ALLOWABLE BY LAW SHALL APPLY.

XIII. Customer Service

Please email us at CustomerSupport@buysafe.com
or write us at: PO Box 9289, Arlington, VA 22219.