Keep your name on display all year long!
Welcome to Posty Cards®! Posty Cards® (also referred to as “we,” “us,” or “our” below) offers you a fun and easy way to connect with your family, community, employees, and customers as well as promote your business. Our customizable stationary, greeting cards, invitations, and other paper goods (collectively, “Products”) allow you to send warm wishes to a loved one or valued employee or customer. Never forget an important anniversary or birthday again when you sign up for a PostyProTM membership plan for scheduled and managed mailing services. Our customization offerings; membership plans; printing, mailing, and delivery services; managed mailing and scheduling services; and all other offerings or features provided by Posty Cards® are collectively referred to as “Services” in these Terms and Conditions (“Terms”).
Our Products, Services, and interactions with you are governed by these Terms. Before you use or access our Services described below, carefully read these Terms and all policies and guidelines on our Posty Card® website at https://www.postycards.com/ or Print Forest website at https://printforest.com/ (collectively, “Sites”), including our Privacy Policy, Return Policy, and FAQs, all of which are incorporated by reference into these Terms and form part of our agreement with you. We take pride in our Products and Services and aim to provide quality offerings you enjoy; however, occasionally issues may arise. These Terms explain how we handle disputes and resolve potential claims should any occur (see for example, “Limited Warranty and Disclaimers,” “Limitation of Liability,” “Indemnity,” “Limitations of Time to File Claims Against Posty Cards®,” and “Governing Law” provisions below).
You agree to these Terms when you (a) click or check the “I Accept” button included on our Sites or correspondence with you; (b) create a Posty Cards® account; (c) sign up for a PostyProTM membership; (c) access our Products or Services; or (d) purchase our Products or Services. By taking one or more of the actions previously described in (a) through (d), you agree that you understand and accept these Terms and are authorized to do so on your own behalf, or on behalf of the individual or organization you represent.
Your access to and use of our Sites, Products, or Services (collectively, “Offerings”) is subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use any Offerings.
As part of our Services, you have the option to create an account or sign up for a PostyProTM membership plan. As an account owner or PostyProTM member, you must provide Posty Cards® with true, accurate, current, and complete information to allow us to effectively perform our Services. For more information about how we collect and use your information, please see our Privacy Policy.
You are responsible for preserving the confidentiality of your Posty Cards® account and password, for restricting access to your Posty Cards® account, and for all activities that occur under your Posty Cards® account. You must immediately notify Posty Cards® of any actual or suspected unauthorized use of your Posty Cards® account by calling 1-800-821-7968 or 1-816-231-2323 or customerservice@postycards.com.
Posty Cards® offers a range of PostyPro™ membership plans to our customers. Depending on the type of PostyPro™ membership plan you sign up for, you will get access to a growing set of Services, including discounts, mailing services, scheduled and automated mailings, and a saved, editable address book.
We charge customers for our PostyProTM membership plans. Pricing for our PostyProTM membership plans is outlined at https://www.postycards.com/pricing.html. We may change our membership plans and pricing from time-to-time by posting the changes on our Sites in advance of any price increase or reduction of Services; however, we will not provide advance notice for any temporary promotions or any changes that result in the reduction of fees. Membership fees do not purchase exclusive rights to our Products or Services. We may display promotional content, ads (including links and references to third parties), or other content on our Sites or in any part of our Services, at our sole discretion and without a membership fee reduction or credit to you.
As a PostyProTM member, you must have a payment method on file and pay all membership fees and applicable taxes associated with your PostyProTM membership by the payment due date. If your payment method fails or your account is past due, we may place restrictions on your PostyProTM membership and account. Posty Cards®, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information Posty Cards® reports to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact us at Posty Cards® by calling 1-800-821-7968 or 1-816-231-2323 or customerservice@postycards.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Posty Cards® account, you must contact the collection agency directly.
While many of our greeting card designs are perfect to send to minors, our Offerings are intended for adults. This means you must be at least 18 years old to use our Offerings, including creating a Posty Cards® account or signing up for our PostyProTM membership plan.
Subject to these Terms, including all policies, rules, guidelines, and additional terms posted on our Sites or in connection with our Products and Services, Posty Cards® hereby grants you a revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable, limited right to access and use our Offerings solely to (a) browse, access, and view our Products and Services on our Sites; (b) create a Posty Cards® account; (c) sign up for a PostyProTM membership plan; (d) customize and purchase Products; (e) use our Products and Services to send correspondence to your family, friends, employees, colleagues, clients, and customers; (f) utilize our Offerings in accordance with these Terms and governing law; and/or (g) communicate with us about our Offerings (“License”). This License and the rights granted under this License are conditioned upon your compliance with these Terms.
Unless otherwise stated, Posty Cards® or our licensors own the Intellectual Property Rights (defined below) in and to our Offerings, including our Sites, trademarks, and logos. Subject to the License granted in this section, all such Intellectual Property Rights are reserved.
Please note that our Products may include trademarks, logos, or brand elements that are owned by Posty Cards® or third parties. We make an effort to keep such trademarks, logos, or brand elements subtle. If you have any additional questions about how these trademarks, logos, or brand elements may appear on your Product, please contact us.
Our Offerings are designed to help you make meaningful connections with clients and express gratitude to employees, friends, and customers. By using our customization Services, you can stay in touch with your customers and/or employees and keep your business name front and center on our Products. We strive to offer user-friendly Sites and fun and convenient Products and Services. To do this, we need your cooperation. When using any of our Offerings, you agree that you will not:
If we believe you are violating these Terms or any of our policies, rules, or guidelines, or abusing our Offerings in any way, we may, in our sole discretion, with or without notice, and without limiting other remedies, (a) limit, suspend, or terminate your Posty Cards® account, PostyProTM membership, and access to our Offerings; (b) delay or cancel any Product orders or deliveries; (c) remove any special status associated with your Posty Cards® account or PostyProTM membership; (d) reduce or eliminate any discounts; and/or (f) take technical and/or legal steps to prevent you from using our Offerings. If you are aware of a possible violation of these Terms or any of our policies, rules, or guidelines posted on our Sites, please email customerservice@postycards.com with a detailed description of the possible violation for us to investigate.
We may cancel unconfirmed Posty Cards® accounts or terminate Posty Cards® accounts that have been inactive for a substantial period of time. Additionally, except when prohibited by applicable law, we reserve the right to refuse, modify, or terminate all or part of our Offerings to anyone for any reason, with or without notice, at our discretion.
Pricing for our Products and Services are listed on our Sites and at https://www.postycards.com/pricing. All prices are subject to the shipping and delivery charges that are stated at https://www.postycards.com/pricing, as well as any applicable taxes, duties, fees, or levies. Sales tax, added tax (VAT) or goods and services tax (GST) at the appropriate rate are additioanl, where applicable. Posty Cards® reserves the right to change the prices published on Offerings at any time. However, orders already submitted to us will not be affected by such changes.
After selecting or customizing any Products or Services and adding these to your shopping cart on our Sites, you will be able to review and edit the Products or Services and remove any Products or Services before placing your order. Please double check quantity, customization details, delivery contact information, and addresses for accuracy. Posty Cards® is not responsible or liable for delivery errors or delays arising from inaccurate shipping or addressing information submitted by you or on your behalf. There is no right to withdraw your order once it is placed.
Your order constitutes an obligation to pay, subject to acceptance by Posty Cards® at our sole discretion. Your order is accepted by us when we ship or mail the Products. An order confirmation does not signify our acceptance of your order, but merely confirms receipt of your order. We will send you a shipment confirmation once your order is accepted.
Posty Cards® reserves the right to cancel any order prior to delivery at our sole and absolute discretion, whether or not you have already been charged. If your order is cancelled pursuant to this section, and you have already been charged, Posty Cards® will automatically issue a refund to you. As the Products or Services are individually produced or customized, an approximate availability and delivery time are shown alongside the description prior to order completion. The Products will be shipped as soon as they are available. The times are estimates only and cannot be guaranteed. At the latest, shipping from our facility will occur within thirty (30) days from acceptance of your order by Posty Cards® unless otherwise stated. Mailing Services orders are mailed or shipped either as soon as the Products are available or based on the scheduled date.
Please note that Posty Cards® may not be able to deliver to all regions worldwide. If your desired country for delivery is not in the dropdown list of countries on the order entry page, then we do not currently deliver to that country.
We want you to be happy with your order from Posty Cards®. If you are not satisfied, please call 1-800-821-7968 or e-mail customerservice@postycards.com and our Customer Service Department will work with you to resolve any issues. Please refer to our Return Policy, which is incorporated into these Terms. While we strive to find acceptable resolutions with our customers, and these Terms apply and govern our resolution process with you.
We strive to ship only quality, error free Products, but occasionally defects or other mistakes happen. Please open and inspect orders as soon as you receive them. To report a defect or mistake, please call 1-800-821-7968 or e-mail customerservice@postycards.com. Please specify the delivery note/invoice number when reporting defects.
Only technical inadequacies and inaccuracies, which were avoidable with the technology or methods available, are considered a defect. Defects do not include aspects of personal taste. Differences in color between the images and the original image data are not a defect. There is no defect if reduced quality is due to the poor quality (for example, low resolution) of the original image data.
It is important to note that all sizes mentioned on our Offerings are approximate and some deviations can be expected as Products are created on an individual basis.
To facilitate our shipping, mailing, and delivery Services, Posty Cards® utilizes third-party mail couriers and carriers, such as the United States Postal Service, FedEx, and UPS (“Third-Party Mail Couriers”). However, Posty Cards® is not an affiliate of these Third-Party Mail Couriers and does not control their respective shipping, mailing, and delivery processes, schedules, or routes. If you experience a shipping, mailing, or delivery delay or error with your order, please contact us at 1-800-821-7968 or e-mail customerservice@postycards.com. Although Posty Cards® may assist you to try and resolve any shipping, mailing, or delivery delay or error, you understand and agree that Posty Cards® is not responsible or liable for any shipping, mailing or delivery delays or errors of such Third-Party Mail Couriers.
Posty Cards® may modify, suspend, or discontinue any aspect of our Offerings, at any time for any reason, with or without notice to you, including the availability of any feature of our Products or Services. If we modify, suspend, or discontinue a Product or Service you have already paid for, we will fulfill your order prior to such modification, suspension, or discontinuation of the applicable Product or Service to the best of our ability or contact you for a substitution.
We may need to collect and use your personal information when you access or use our Offerings. Please see our Privacy Policy for more information about our practices regarding your personal information. Our Privacy Policy is a part of these Terms. We may modify our Privacy Policy at any time in the same manner as we may modify the rest of these Terms. In circumstances where we need your affirmative consent, we will send you updates to our Privacy Policy to the contact information you provided us in connection with your Posty Cards® account, PostyProTM membership, or other submission.
The term “User Content” or “Your Content” means material that you submit to Posty Cards®, including, without limitation, text, images, graphics, audio or visual material, art, works, lists, contact information, and other content. When you submit Your Content using our Sites or Services (directly or indirectly), you grant Posty Cards® a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, all paid up, transferable, assignable, and sublicensable (through multiple tiers) license and right to exercise any and all Intellectual Property Rights you have in Your Content, in any media known now or developed in the future, including the right to use, crop, reproduce, adapt, publish, translate, and distribute Your Content in connection with the performance of our Services, fulfillment of your orders or purchases, and/or our other legitimate business interests, such as research and development, customer support and trouble-shooting, training, and the expansion or promotion of our Offerings.
You represent and warrant that, for all User Content you, or cause others to, submit to us:
You are solely responsible for Your Content submitted by you or on your behalf. You are solely liable for any intellectual property infringement or other violations that arise or result from your User Content and submissions. Posty Cards® takes no responsibility and assumes no liability for any User Content submitted by you or on your behalf.
Posty Cards® reserves the right to crop, edit, alter, or remove any User Content submitted by you or on your behalf in connection with our Products or Services with or without notice to you; however, Posty Cards® is not obligated to monitor, review, or examine the submission of User Content through our Sites or Services. Posty Cards® in no way guarantees the completeness, accuracy, currentness, fitness, quality, or appropriateness of Your Content submitted through our Sites or Services. You will not attempt to hold Posty Cards® liable for inaccurate, incomplete, or incompatible User Content.
We respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. If you believe that your User Content or submissions, or the User Content or submissions of someone else, has been used in a way that constitutes copyright infringement, Posty Cards® has a process in place to respond to your concerns. You can report any concerns regarding copyright infringement to our customer service team at customerservice@postycards.com.
Many jurisdictions have laws or regulations governing use of personal information for marketing purposes and unsolicited communications. You acknowledge and agree that Posty Cards® is not responsible for educating you on such laws or regulations. It is your responsibility to be aware of and comply with all international, federal, state, and local laws and regulations related to or governing your marketing activities or communications with others when using our Offerings.
You hereby agree to indemnify, defend, and hold Posty Cards®, our shareholders, directors, officers, employees, contractors, representatives, affiliates, and agents (collectively, “Posty Cards® Parties”) harmless from and against any and all demands, claims, liabilities, damages, causes of actions, judgments, settlements, losses, costs, and/or expenses (including attorneys’ fees) related to or arising out of your noncompliance with, or actions or omissions in violation of, any law, statute, rule, regulation, or ordinance governing or related to your marketing activities or communications with others when using our Offerings.
Posty Cards® may contact you at any telephone number or email address that you have shared with us to: (i) confirm or verify your identity; (ii) confirm or verify your order and shipping and billing details; (iii) notify you regarding your Posty Cards® account or PostyProTM membership; (iv) send you promotional news and updates about our Offerings with your consent; (v) provide customer service or troubleshoot problems with your order, Posty Cards® account, or PostyProTM membership; (vi) resolve a dispute; (vii) collect a debt; (viii) request your participation in case studies or testimonials; (ix) poll your opinions through surveys or questionnaires; (x) perform research and development concerning our Offerings; and/or (xi) enforce these Terms, our rules, guidelines, and policies, applicable law, or any other agreement we may have with you. As described in our Privacy Policy, Posty Cards® may collect telephone numbers from you and may send text messages to any of those numbers with a code to verify your identity. Standard telephone rates and charges may apply and may include overage fees if you have exceeded your plan limits.
Posty Cards® may share your telephone number or email address with its authorized service providers as stated in our Privacy Policy. These service providers may contact you, including using autodialed or prerecorded calls, only as authorized by Posty Cards® to facilitate and process your order or carry out our business purposes.
Posty Cards® may, without further notice or warning and in its discretion, monitor or record telephone conversations you or anyone acting on your behalf has with Posty Cards® or its agents for quality control and training purposes, or for its own protection.
Our automated systems may scan and analyze the contents of every message sent through the messages platform on our Sites to detect and prevent spam, phishing, fraudulent activity, or violations of these Terms, including the incorporated terms, notices, rules, and policies. This may result in a manual review of messages sent through our messaging tools. This scanning and analysis may occur before, during, or after the message is sent, or while in storage, and may result in your message being delayed or withheld. Posty Cards® may store message contents, including to conduct this scanning and analysis.
We like to share our success stories by posting case studies and testimonials from our customers on our Sites and social media (“Case Studies”). Posty Cards® may ask you to share a testimonial or request permission to use your content or posts about our Offerings (including photos or videos) uploaded to your social media profile(s) (collectively, “Posts”). By agreeing to these Terms and by giving us permission to use a Post, you grant Posty Cards® and our licensees, designees, successors, agents, and assigns (collectively, “Posty Cards® Licensees”) the non-exclusive, transferable, sub-licensable, perpetual, irrevocable, royalty-free, fully-paid up right and license to use, publish, transmit, reproduce, copy, and adapt the Posts, as well as your username, name, picture, likeness, social media handle, caption, comments and statements in connection with any use of your Posts, edited or altered, as the Posty Cards® Licensees see fit, throughout the world, including, but not limited to, on Posty Cards® Licensees’ social media platforms, in-app content, and on other domains, properties, or websites owned or licensed by the Posty Cards® Licensees, for any lawful purposes, including, without limitation, for purposes of advertising or trade and you waive any applicable moral rights you may have under the laws of the jurisdiction in which you reside, in and to the Posts, in favor of the Posty Cards® Licensees. You understand that Posty Cards® Licensees shall be under no obligation to exercise the rights granted herein.
You agree and represent to us (i) that you are the sole author of the Posts; (ii) if the Posts include any photos, you are the photographer of the photos or you have secured the rights from the photographer or copyright owner necessary to allow you to grant the rights granted herein; (iii) if the Posts include any photos of people, you have permission from each person who appears in the Posts to grant the rights granted herein; (iv) the use of the Posts as permitted hereunder will not violate or infringe upon the rights of any party or violate any law; (v) you have the full and exclusive right and authority to agree to Terms and licenses herein; and (vi) you are 18 years old or older. You also certify that any statements made by you in the Posts reflect your honest opinions, findings, beliefs, and experiences.
We are continuously improving our Offerings and welcome your comments and feedback. If you share comments or feedback regarding our Offerings, please be specific in your comments, but do not submit confidential information. If you send us creative suggestions, ideas, drawings, concepts, inventions, materials, or other information (a “User Submission”), you understand and agree that the User Submission will become solely our property and we will have the right to use and exploit the User Submission. A User Submission and any elements or imbedded materials contained in User Submissions, are not subject to any obligation of confidentiality on our part, and we will not be liable for any use or disclosure of any User Submission. We shall exclusively own all now known or later discovered rights to the User Submission and shall be entitled to unrestricted use of the User Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
Without limiting or waiving Posty Cards®’ rights and interests under these Terms or remedies available at law or equity, if you violate these Terms, including any rules, guidelines, and/or policies, in any way, Posty Cards® may take such action as Posty Cards® deems appropriate to deal with the violation, including terminating your Posty Cards® account, suspending your PostyProTM membership, prohibiting you from using or accessing our Services, blocking your devices from accessing our Sites, contacting your internet service provider to request that they block your access to our Sites, and/or bringing court proceedings against you.
We try to keep our Offerings safe, secure, and functioning properly, but we cannot guarantee the continuous operation of, or access to, our Offerings, including our Sites. The following limited warranty and disclaimers are made on behalf of Posty Cards® and all Posty Cards® Parties:
EXCEPT FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAW, ANY AND ALL OFFERINGS, INCLUDING OUR SITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF OUR OFFERINGS IS AT YOUR OWN RISK. WITHIN THE LIMITS OF APPLICABLE LAWS, POSTY CARDS® WARRANTS ONLY THAT THE PRODUCTS AND SERVICES WILL BE PROVIDED IN USABLE CONDITION. IF OUR PRODUCTS OR SERVICES IN YOUR ORDER ARE DEFECTIVE, OR OUR PRODUCTS AND SERVICES ARE OF UNACCEPTABLE QUANTITY OR QUALITY AT OUR FAULT, POSTY CARDS®’ SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR POSTY CARDS®, AT POSTY CARDS®’ SOLE OPTION, TO EITHER (1) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH DEFECTIVE OR FAULTY PRODUCTS OR SERVICES; OR (2) REPRINT THE PRODUCTS OR RE-PERFORM THE SERVICES AT NO EXTRA COST.
EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, POSTY CARDS® AND ALL POSTY CARDS® PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR OTHER IMPLIED WARRANTIES THAT MIGHT ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WE DO NOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR OFFERINGS, INCLUDING THAT YOUR CORRESPONDENCE WILL BE DELIVERED TO YOUR INTENDED RECIPIENTS. WE DO NOT WARRANT THAT YOUR USE OF OUR OFFERINGS OR OUR FEATURES WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS OR THE REQUIREMENTS OF ANY THIRD PARTY, THAT ANY DEFECTS IN OUR OFFERINGS WILL BE CORRECTED, OR THAT OUR OFFERINGS WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, INTEROPERABILITY WITH ANY SYSTEM, CONNECTIVITY, OR AVAILABILITY OF OUR SITES. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM THE UNAUTHORIZED USE OF YOUR POSTY CARDS® ACCOUNT OR YOUR USE, POSSESSION, AND AUTHORIZED OR UNAUTHORIZED DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION, AND ALL OTHER INFORMATION THAT YOU RECEIVE OR SUBMIT TO US THROUGH USE OF OUR OFFERINGS.
To the extent permitted by applicable law, in no event will Posty Cards® or any Posty Cards® Parties be liable to you or any third party under any claim at law or in equity for any special, exemplary, punitive, incidental, indirect, or consequential damages or losses (including, but not limited to, loss of data, loss of money, goodwill or reputation, profits, or other intangible losses) (collectively “Special Damages”), in connection with our Offerings and all such Special Damages are expressly excluded by these Terms whether or not they were foreseeable or Posty Cards® was advised of such damages or losses. Some jurisdictions do not allow the exclusion of Special Damages, so this limitation of Special Damages may not apply to you.
Regardless of the previous paragraph in this section, if we are found to be liable by a court or regulator with competent jurisdiction, our total liability to you or to any third party is limited to the greatest of (a) the amount of fees in dispute, not to exceed the total fees you paid to us in the twelve (12) months immediately prior to the action giving rise to the liability; or (b) One Hundred United States Dollars (US$100). Some jurisdictions do not allow the limitation of direct damages, so this limitation of direct damages may not apply to you.
By using our Services, you agree that the exclusions of warranties and limitations of liability set out in these Terms are reasonable. If you do not think they are reasonable, you must not use our Services.
Some of our Sites’ features are accessible from countries around the world and may contain references to Products or Services that are not available in your country. These references do not imply that we intend to announce such Products or Services in your country. The Products and Services are controlled and offered by us from our facilities in the United States. Posty Cards® makes no representations that the Sites or our Products or Services are appropriate or available for use in other countries. Those who access the Sites or use our Products or Services from other countries do so at their own free will and are responsible for compliance with local law in their respective countries.
Our Sites may provide links or access to third-party software, services, websites, or applications (“Third-Party Services”). These Third-Party Services may enhance or be necessary to enjoy some features or functions of our Offerings. Use of these Third-Party Services may require that you enter into separate terms of use or other agreements with the applicable third parties. Posty Cards® makes no representations or warranties concerning, nor endorses, these Third-Party Services or applicable third parties. You agree that Posty Cards® has no liability or responsibility to you relating to your use of the Third-Party Services, and your sole rights and obligations, if any, relating to the Third-Party Services, will be with the applicable third party. These third parties have their own privacy and data collection practices, and we are not responsible for their privacy practices. We recommend carefully reviewing the user terms and privacy notices of these other websites prior to use.
You hereby agree to indemnify, defend, and hold Posty Cards® and all Posty Cards® Parties, harmless from and against any and all damages, claims, liabilities, demands, causes of actions, judgments, settlements, losses, costs, and/or expenses (including attorneys’ fees) made by any third party due to or arising out of your (a) violation of these Terms; (b) improper use of our Offerings; (c) failure to comply with applicable privacy and consumer protection laws or your policies or contractual agreements related to use of your employee or customer data; and/or (d) violation of any law or the rights of a third party, including, without limitation, fraud, misrepresentation, infringement, misappropriation, invasion of privacy, or jurisdictional limitations on our Products or Services.
We reserve the right to assume the exclusive defense and control of any claim or matter otherwise subject to indemnification by you. You hereby agree to fully cooperate with us in asserting any available defenses.
This indemnity provision does not require you to indemnify Posty Cards® or any Posty Cards® Parties for any unconscionable commercial practice, fraud, deception, false promise, misrepresentation or concealment, or intentional suppression or omission of any material fact in connection with our Products or Services that is committed by Posty Cards®.
You may terminate your Posty Cards® account at any time through our Sites, which will cut-off or reduce your ability to receive and enjoy our Products and Services. We reserve the right to suspend, restrict, or terminate your Posty Cards® account at any time and without notice if we, in our sole discretion, suspect or determine that (a) you violated these Terms; (b) violated any law or third-party agreement; or (c) committed any other act which we, in our sole discretion, consider to be detrimental to, or inappropriate for, our Offerings or harmful to us or others.
If your Posty Cards® account is terminated or suspended, your right and license to use our Offerings will be limited or cut-off entirely depending on the circumstances. However, termination or suspension of your Posty Cards® account will not limit any rights or remedies available to Posty Cards® or any Posty Cards® Parties at law or equity.
Upon expiration or any other termination of your Posty Cards® account, you will no longer have access to your Posty Cards® account, certain Products or Services, or any information accessible through your Posty Cards® account. After your Posty Cards® account is terminated, we have no obligation to maintain any information stored in or related to your Posty Cards® account, including, but not limited to, your User Submissions, User Content, or profile information, unless otherwise required by governing law or court order; however, we may use and store your information for our business purposes explained in our Privacy Policy. We reserve the right to permanently erase all User Submissions, User Content, profile information, and other information you submitted or otherwise had access to at any time after your Posty Cards® account is terminated.
Even after you are no longer an active PostyProTM member or customer using our Offerings and after termination of your Posty Cards® account, you will remain bound by the representations, warranties, and promises you made to us regarding any User Submission, User Content, account activity, or other information you submitted to us. You will likewise remain responsible for any violation, injury, damage, or other liability that arises out of, or relates to, your User Submissions, User Content, account activity, submitted information, or any other aspect of your use of our Offerings.
All matters relating to these Terms (along with any rules, guidelines, and policies of Posty Cards®) and any dispute or claim arising from use of our Offerings (including non-contractual disputes or claims, such as torts or statutory violations), shall be governed by and construed in accordance with the laws of Kansas without giving effect to any choice or conflict of law provision or rule.
Except where and to the extent prohibited by law, by using or purchasing our Offerings, you and Posty Cards® agree that if there is any controversy, claim, action, or dispute arising out of or related to your use of our Offerings, or the violation, enforcement, interpretation, or validity of these Terms or any part of them, other than disputes related to or involving Posty Cards®’ intellectual property or a security breach, (each a “Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute.
Notice shall be sent to:
Both you and Posty Cards® agree that this Dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party; provided, however, if the party receiving notice of the Dispute fails to respond within the thirty- (30-) day period, the other party may proceed with initiating a lawsuit or other proceeding to prosecute the Dispute. Notwithstanding the foregoing, Posty Cards® may immediately seek injunctive relief or a temporary restraining order with a court or government agency to limit or prevent misappropriation of Posty Cards®’ trade secrets or infringement of Posty Cards®’ Intellectual Property Rights without first utilizing the Dispute resolution procedure.
Any legal suit, action, or proceeding arising out of, or related to, these Terms (along with any rules, guidelines, and policies of Posty Cards®) shall be instituted exclusively in the state courts located in Jackson County, Missouri, or the Western Division (Kansas City Division) of the United States District Court for the Western District of Missouri.
EXCEPT AS OTHERWISE PROHIBITED BY GOVERNING LAW, ANY CAUSE OR ACTION YOU MAY HAVE AGAINST POSTY CARDS® OR ANY POSTY CARDS® PARTIES ARISING OUT OF OR RELATING TO THESE TERMS OR OUR OFFERINGS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY TIME-BARRED.
Posty Cards® may convey, transfer, assign, subcontract, sublicense, or otherwise deal with Posty Cards®’s rights and/or obligations under these Terms without notifying you or obtaining your consent.
You may not convey, transfer, assign, subcontract, sublicense, or otherwise deal with your rights and/or obligations under these Terms without our prior written consent. Any attempt to do so will be null and void.
Any and all Posty Cards® Parties are third-party beneficiaries under these Terms with rights to enforce the terms and covenants set forth in these Terms, including any rules, guidelines, and/or policies referenced herein or listed in our Offerings.
Except as otherwise provided in these Terms, if any provision of these Terms is held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and will not affect the validity and enforceability of the remaining provisions in these Terms.
Headings are for reference purposes only and do not limit the scope or extent of such section.
Our failure to act with respect to a violation by you or others does not waive our right to take action with respect to subsequent or similar violations. We are not obligated to and do not guarantee that we will take action against all violations of these Terms.
We may amend these Terms at any time by posting the amended terms on our Sites or sending you a message with the amended terms. Our right to amend these Terms includes the right to modify, add to, or remove terms or conditions in these Terms to the extent permitted by governing law. Your continued access or use of our Offerings constitutes your acceptance of the amended terms; however, we will make efforts to obtain your express consent when necessary under applicable law. We may ask you to acknowledge your acceptance of these Terms, including any amendments or modifications of these Terms, through an electronic click-through feature. These Terms may not otherwise be amended except by a Posty Cards® representative who is duly authorized to amend these Terms and agree to such an amendment.
Without limiting Posty Cards®’s ability to refuse, modify, or terminate all or part of our Offerings, Posty Cards® may also terminate these Terms with anyone at any time for any reason, at our sole discretion, by giving notice of such termination, unless otherwise prohibited by governing law.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms or our Offerings.
Posty Cards® will not be liable for any delay or failure to perform, including failure to deliver purchased Products or Services, resulting from causes outside its reasonable control, including, but not limited to, acts of God, epidemic, pandemic, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, materials, or any other similar or dissimilar event or cause beyond the control of Posty Cards®.
These Terms and all rules, guidelines, codes of ethics, and/or policies posted on our Sites or through our Services set forth the entire understanding and agreement between you and Posty Cards®, and supersede all prior understandings and agreements.
Both your and our respective obligations, representations, warranties, promises, or covenants under these Terms which by their nature involve performance, or continued performance, of such obligations, representations, warranties, promises, or covenants after termination of these Terms or our Offerings used or accessed by you, including delivery of your ordered Products or termination of your Posty Cards® account or PostyProTM membership, shall survive such termination.
If you require any more information or have any questions about our Terms, please feel free to contact us or call us at 1-800-821-7968 or 1-816-231-2323.
You may also write to us at:
Posty Cards, Inc.
1600 Olive Street
Kansas City, Missouri 64127
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