Terms & Conditions
The MyMailout Website is online software and information service. Use of the Website is subject to your compliance with the terms and conditions set forth below. Please read this document carefully before accessing or using the Website. By accessing or using the Website, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Website. MyMailout may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Website. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the Website shall be deemed your conclusive acceptance of the modified agreement.
1. Copyright, Licenses, and Idea Submissions.
The entire contents, graphics, Website design, logos, icons, and images of the Website are protected by international copyright laws. The owner of the copyrights is MyMailout’s. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the Website, including text, graphics, code, and/or software. You may print and download portions of material from the different areas of the Website solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to MyMailout a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display, and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Website or by email to MyMailout by all means and in any media now known or hereafter developed. You also grant to MyMailout the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no recourse against MyMailout for any alleged or actual infringement or misappropriation of any proprietary right in your communications to MyMailout.
2. Use of the Service.
You agree to represent yourself accurately and truthfully at all times. You agree that any information you post, transmit, or otherwise make available through the Website: (a) shall not be fraudulent or intentionally misleading or inaccurate; (b) shall not infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary right or right of publicity or privacy; (c) shall not violate any law, statute, ordinance, or regulation; (d) shall not be defamatory, libelous, harmful, abusive, vulgar, obscene, profane, hateful, unlawfully threatening or harassing, and shall not contain any pornography or racially, ethnically, or otherwise objectionable material; (e) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
You understand that, except for information, products, or services clearly identified as being supplied by MyMailout, MyMailout does not operate, control, or endorse any information, products, or services on the Internet in any way. Except for MyMailout, identified information, products, or services, all information, products, and services offered through the Website or on the Internet generally are offered by third parties that are not affiliated with MyMailout. You also understand that MyMailout cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND THE INTERNET GENERALLY. MYMAILOUT PROVIDES THE WEBSITE AND ALL RELATED INFORMATION, PRODUCTS, AND SERVICES (COLLECTIVELY, THE “SERVICE”) “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS OF ANY KIND (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY USE OF THE SERVICE, AND ANY MERCHANDISE INFORMATION PROVIDED BY OR THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided through the service or on the Internet generally. The information, products, and services published on this Website may include inaccuracies or typographical errors. MyMailout does not warrant that the service will be uninterrupted or error-free or that defects or errors in the service will be corrected.
You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. MyMailout has no control over and accepts no responsibility whatsoever for such materials.
Limitation of Liability
In no event shall MyMailout be liable for (1) any death or personal injuries suffered and losses arising there from, (2) any property or economic losses, or (3) any damages of any kind whatsoever, including any direct or any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of or in any way connected with the service, any use of the service, use of the software, any merchandise information or services provided by or through the service, any information downloaded from the service or the Internet generally, and any transactions provided on or resulting from the service or the Internet generally including without limitation any errors, omissions or other inaccuracies, delays, or the ability to use any of the aforementioned, whether based in contract, tort, strict liability, or otherwise, even if MyMailout or its authorized representatives have been advised of the possibility of such damages.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, MyMailout’s liability is limited to the greatest extent permitted by law. In no event shall MyMailout’s liability to you or any other party exceed the amount paid by you under this agreement.
MyMailout makes no representations whatsoever about any other Website which you may access through www.MyMailout.com or any of its joint venture sites (including www.GroupieCorral.com and www.FinancialEnote.com) or which may link to either Website. When you access a non-MyMailout Website, it is independent from MyMailout and MyMailout has no control over the content on that Website. In addition, a link to a MyMailout Website does not mean that MyMailout endorses or accepts any responsibility for the content, or the use, of such Website.
You agree to indemnify, defend, and hold harmless MyMailout, its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Website from your computer or using your user ID or password (with or without your permission).
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of MyMailout and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term, Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses, and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement and the resolution of any dispute related to the Agreement or the Service shall all be governed by and construed in accordance with the laws of the Province of Alberta, without giving effect to any principles of conflicts of law. You agree that any legal action or proceeding between MyMailout and you for any purpose concerning this Agreement, the parties’ obligations hereunder, or the Service shall be brought exclusively in a federal or provincial court of competent jurisdiction sitting in the province of Alberta. You agree that regardless of any statute or law to the contrary, any cause of action or claim arising out of or related to use of the Service or this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. MyMailout’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. MyMailout may assign its rights and duties under this Agreement to any party at any time without notice to you.
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We care about your privacy
MyMailout has a firm commitment to protecting your privacy online. The following document discloses our information gathering and dissemination practices for the Websites: www.MyMailout.com, www.FinancialEnote.com and www.GroupieCorral.com. This Privacy Statement applies to visitors to our web site, to our customers who make use of our email services, and to our customers’ subscribers who receive email from our customers. The contents and structure of this policy may change from time to time so please check back with us occasionally for updated material.
The information we collect and how we use it
MyMailout asks for your personal information so that you may receive better online content and because it is the best way for us to know our Website users. Your personal information enables us to enhance your unique site visits and follow up with you after you visit our Website or use our propriety software.
The types of personal information collected within our Website include but are not limited to:
- Email address
- City, State and Country of residence
- Entry and exit points from our Website
- Your navigation path within our Website
- Your Internet browser and operating system
- IP address used to access our service, including dates and time of access
- Technical support/customer service history
We collect this information in a variety of ways. Examples include the various registration and log in forms on the Website. MyMailout also collects information indirectly such as the usage patterns of our Website. MyMailout assesses and identifies the usage volume, length of time spent, paths taken through the Website, and other similar research of our Website on an ongoing basis. This research allows us to determine the areas of our Website that need improvement, as well as to better customize the content and information you see displayed using your personal preferences. Our commitment is to continuously deliver meaningful, relevant content and software to you and other users.
Disclosure of your personal information
We will not share with our Business Partners, sponsors, or any other group or individual who is not directly employed at MyMailout any personally identifiable information provided to us without asking your specific consent. MyMailout does not disclose personal information to third parties unless we have your specific consent to do so. However, in special cases, MyMailout may have reason to disclose personal information about a user. Such occurrences would happen in order to bring legal action against a person who has violated or may be violating MyMailout’s Website Terms & Conditions or a person causing injury to or interference with MyMailout’s rights or property, other MyMailout community members or any other person who could be harmed by such actions or activities. MyMailout may disclose aggregate statistical information about our users in order to better describe our Website audience to our partners, prospective partners, and other third parties, and for other lawful purposes.
Security of your Personal Profile
Your personal profile is collected by MyMailout and stored in a secure operating environment that is not available to the public. We constantly monitor and update the security of our computer equipment and software based on industry trends and our own initiatives.
MyMailout contains links to third party Internet sites independent of us and we cannot control or protect the privacy of any information that you may submit to these third parties. We disclaim any responsibility or liability for the use of information that you or others not associated with MyMailout submit to third party Websites. While we strive to protect your confidential information, MyMailout cannot ensure or warrant the security of any information you transmit in this manner.
All of MyMailout’s public Web pages can be accessed anonymously. Again, we track user navigation paths and Website usage to:
- Determine user habits
- Make improvements to our Website
Solicited mail from MyMailout
Following registration, new users of www.MyMailout.com will receive a welcome email explaining the features and services we provide. In addition, we will subscribe you to our customer support newsletter. We may occasionally be required to send you administrative information about the service or your account or updates on our services. Otherwise, MyMailout will not send you unsolicited email.
How to contact us
MyMailout supports responsible e-mail usage and prohibits the use of unsolicited commercial mailings, or “SPAM”.
SPAM is an unsolicited commercial email sent to a recipient has not provided their email address directly to the sender, or an email sent to a recipient who would not have a reasonable expectation of receiving email from the sender.
What IS Spam?
- Any email advertising illicit or illegal activities
- Any message sent to email addresses provided by a third party
- Any message sent to email addresses which were not provided by the recipient, including those collected from newsgroups, web sites, and domain registration information.
What IS NOT Spam?
Email notifications sent by an organization about a topic which the recipient had previously requested information about, PROVIDED THAT the sender provides a mechanism for recipients to remove themselves from the mailing list. This can include:
- Product support updates
- Organizational news updates
- New related product offerings
In order to prevent the use of MyMailout in sending SPAM, all messages sent via email will include instructions for recipients to remove their email addresses from the mailing list from which the message was sent.
Despite our spam policy, there remains the possibility that a customer will send emails to a person (or a list of people) who will view the email received as un-welcomed solicitation or unwanted email. In some cases this may be due to a misunderstanding between our customer and the recipient. In other cases this may be due to an abuse of our spam policy. As a first step, we encourage email recipients to first consider if they are indeed part of an “opt-in” email list that this publisher has used. If not, and in light of these potential problems, a special email box has been reserved for reporting SPAM mail and Financial Enote policy abuse. To file a report, send an email here