Terms and Conditions Regarding Your Use of this Site
Last Updated December, 2013
By accessing and using this World Wide Web Site or any service of the PMSI DIRECT Web Site, you acknowledge, accept and agree to all of our terms, conditions and privacy policies described below, and otherwise contained on or referenced on the PMSI DIRECT Web Site. If you do not agree to this Terms and Agreement, you are not authorized to access and use this site. You also acknowledge and agree that we may modify this Terms and Agreement at any time, in our sole discretion; that all modifications to this Terms and Agreement will be effective immediately upon our posting of the modifications on this site; and that you will review this Terms and Agreement each time you access this site, so that you are aware of and agree to any and all modifications made to this Terms and Agreement. You also acknowledge and agree that, unless we specifically indicate otherwise, this Terms and Agreement only applies to this site and our online activities and does not apply to any of our offline activities.
For purposes of this Terms and Agreement, "PMSI DIRECT" (which is the tradename of Professional Mailing Services, Inc) and affiliates, and its officers, directors, employees and agents. The "PMSI DIRECT Web Site" shall mean the web sites of PMSI DIRECT available to the general public and located at pmsidirect.com.
The PMSI DIRECT Web Site is for informational and educational purposes only. The information and materials contained on the PMSI DIRECT Web Site are provided 'as is' and PMSI DIRECT does not warrant the accuracy, adequacy or completeness of the information and materials and expressly disclaims liability for errors or omissions. None of the information contained on the PMSI DIRECT Web Site constitutes an offer, solicitation or recommendation to acquire or dispose of any security or investment or to engage in any other transaction or to provide legal, tax, accounting or investment advice or services regarding the suitability or profitability of any security or investment. PMSI DIRECT has not made any recommendations regarding the merit of any company, security or other financial product or investment identified on the Web Site, made any recommendation regarding the purchase or sale of any such company, security, financial product or investment, or endorsed or sponsored any company identified on the PMSI DIRECT Web Site.
The PMSI DIRECT Web Site is not directed at or intended for publication or distribution to any person in any jurisdiction where doing so would result in contravention of any applicable laws or regulations. It is the responsibility of the individual user to consider his or her legal and regulatory position in the relevant jurisdiction, the risks associated with trading such securities or investments and to ensure that the use of the content of the PMSI DIRECT Web Site and the subsequent making of any investment does not contravene any such restrictions or applicable laws and regulations of any jurisdiction.
The PMSI DIRECT Web Site, including but not limited to the text, content, all real time or other information, any software programs, tools, applications and/or code available on or through the PMSI DIRECT Web Site and accompanying links, photographs, images, video, audio and graphics contained on the PMSI DIRECT Web Site ("Content"), is protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and laws of the United States and other countries. You acknowledge and agree to abide by all applicable intellectual property laws, as well as any additional notices or restrictions contained on the PMSI DIRECT Web Site. Unauthorized use of the PMSI DIRECT Web Site and the materials and Content contained on through the PMSI DIRECT Web Site or any linked web sites may violate applicable, copyright, trademark, patent, or other intellectual property laws or other laws. The copyrights, trademarks, service marks and any other proprietary Content displayed on the PMSI DIRECT Web Site are registered and common law copyrights, trademarks, service marks, trade dress and proprietary material of PMSI DIRECT and various third parties. Nothing contained on the PMSI DIRECT Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the Content or proprietary material without the express written permission of PMSI DIRECT or such other party as may own the proprietary rights therein.
All right, title and interest in and to the Contents are owned, licensed or controlled by the PMSI DIRECT or the party credited as the provider of the Content ("Third Party Provider"). Except as specifically permitted by this Terms and Agreement or applicable Third Party Provider license, any use of the Content contained or provided through the PMSI DIRECT Web Site is strictly prohibited. You acknowledge and agree that, except if we and/or the applicable Third Party Provider give you prior written permission, you will not sell, license, rent, modify, print, copy, reproduce, download, upload, transmit, distribute, disseminate, publicly display, publicly perform, publish, edit, adapt, compile or create derivative works from any Content or materials (including, without limitation, through framing or systematic retrieval to create collections, compilations, databases or directories) or otherwise transfer any of the Contents to any third person (including, without limitation, others in your company or organization). Requests for such permission regarding PMSI DIRECT Content must be in writing and should be sent to: PMSI DIRECT at 262 Old New Brunswick Rd, Suite M, Piscataway, NJ 08854. Except if we give you prior written permission, use of any Web browsers (other than generally available third-party browsers), engines, software, spiders, robots, avatars, agents, tools or other devices or mechanisms to navigate or search the PMSI DIRECT Web Site is strictly prohibited.
Notwithstanding the foregoing, you may print or download a single, unaltered, permanent copy or one temporary copy in a single computer's memory of any Content for your personal, non-commercial use only, provided you keep intact all trademark, copyright and other proprietary notices. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
Certain Third Party Providers impose additional terms and conditions of use set forth elsewhere herein. Your use of Content from those Third Party Providers is also subject to those terms and conditions of use and you forever hold PMSI DIRECT harmless from any and all claims, obligations, and/or liability arising in connection with the use of any Third Party Provider Content.
PMSI DIRECT and its subsidiaries own registered and common-law trademarks, service marks, domain names and trade dress protected by trademark laws in the United States and other countries. Other names, whether or not appearing in large print, italics or with the trademark/service mark symbol are trademarks and service marks of PMSI DIRECT, its subsidiaries, related companies or third party content providers, unless otherwise noted. The use or misuse of these trademarks/service marks or any other Content or materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law and/or other relevant laws. Please be advised that PMSI DIRECT actively and aggressively enforces its intellectual property rights to the fullest extent of the law. PMSI DIRECT marks, names, logos and trade dress include, but are not limited to the following: Professional Mailing Services, Inc and PMSI DIRECT.
Disclaimers of Warranty and Limitation of Liability
DUE TO THE NUMBER OF SOURCES FROM WHICH THE CONTENTS ARE OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, ERRORS, OR INACCURACIES IN THE CONTENTS, AND ALTHOUGH THE CONTENTS HAVE BEEN OBTAINED FROM SOURCES BELIEVED TO BE RELIABLE, THEY ARE PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. PMSI DIRECT, THE THIRD PARTY PROVIDERS, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS CANNOT AND DO NOT MAKE ANY REPRESENTATIONS AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY DISCLAIM WITH RESPECT TO THIS WEBSITE AND THE CONTENTS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS AND WARRANTIES REGARDING ACCURACY, TIMELINESS, COMPLETENESS, CURRENTNESS, RELIABILITY, STABILITY, READINESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY REPRESENTATIONS OR WARRANTIES ARISING FROM USAGE OR CUSTOM OR TRADE OR BY OPERATION OF LAW. PMSI DIRECT, THE THIRD PARTY PROVIDERS, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS ASSUME NO RESPONSIBILITY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS.
IN NO EVENT SHALL PMSI DIRECT OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART BY CONTINGENCIES BEYOND THEIR CONTROL OR NEGLIGENCE IN PROCURING, COMPILING, INTERPRETING, EDITING, WRITING, REPORTING, TRANSMITTING OR DELIVERING ANY CONTENT.
IN NO EVENT SHALL PMSI DIRECT OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PMSI DIRECT WEB SITE OR ANY CONTENT, INCLUDING, BUT NOT LIMITED TO (1) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON SUCH CONTENT; (2) ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN THE DELIVERY OR TRANSMISSION OF DATA AND SERVICES AVAILABLE ON THE PMSI DIRECT WEB SITE OR ANY THIRD PARTY PROVIDER WEB SITE, FOR ANY OTHER ASPECT OF THE PERFORMANCE OF ANY SERVICES OR FOR ANY TYPES OF DAMAGES (SUCH AS, BUT NOT LIMITED TO, DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Content on the PMSI DIRECT Web Site has been prepared for informational and/or educational purposes only without regard to any particular user's business objectives, financial situation or means. Neither PMSI DIRECT, the Third Party Providers, nor any of their respective affiliates, officers, directors, employees, agents or licensors are soliciting any action based on it. The Content on the PMSI DIRECT Web Site is not to be construed as a recommendation or offer to buy or sell or the solicitation of an offer to buy or sell any security, financial product or instrument; or to participate in any particular trading strategy in any jurisdiction in which such an offer or solicitation, or trading strategy would be illegal. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC SECURITY, INDEX, REPORT, OPINION, ADVICE, TOOLS OR OTHER CONTENT.
Use of Links
PMSI DIRECT prohibits caching, unauthorized hypertext links by others to the PMSI DIRECT Web Site and the framing of any Content available on the PMSI DIRECT Web Site. PMSI DIRECT reserves the right to disable any unauthorized links or frames and disclaims any responsibility for the content available on any other site reached by links to or from the PMSI DIRECT website.
PMSI DIRECT reserves the right, in its sole discretion, to revise, modify, change, add or remove portions of these Terms and Conditions of Use at any time and users are deemed to be aware of and bound by any changes to these Terms and Conditions of Use upon publication on the PMSI DIRECT Web Site. Any changed Terms and Conditions of Use will apply only to nonpublic personally identifiable information you give to us or confirm to us (including by entering into a transaction with us) after the effective date of the change. Accordingly, we recommend that you review our Terms and Conditions of Use before giving or confirming to us any nonpublic personally identifiable information. Our policy on the privacy of your personal information has been in effect since 2004 and was last updated in July 2009.
Laws and Applicable Jurisdiction
You acknowledge and agree that your access to and use of the PMSI DIRECT Web Site is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to any principles of conflicts of law. You acknowledge and agree that any legal action, whether at law or in equity, arising out of or relating to these Terms and Conditions of Use will be filed only in the state or federal courts located in Middlesex County; that you irrevocably consent and submit to the exclusive personal jurisdiction of those courts for the purpose of litigating any such action; and that you will irrevocably waive any jurisdictional, venue or inconvenient forum objections to such court. The failure of PMSI DIRECT to exercise or enforce any right or provision of these Terms and Conditions of Use shall not constitute a waiver of such right or provision.