SalesWarp SHIP License Agreement

Terms and Conditions

Last revised April 4^th, 2024

The following Terms and Conditions (“Terms” or “Agreement”) constitute an agreement between you (“you”) and 6^th Street Inc. dba SalesWarp.com (“SalesWarp.com,” “Company,” “SalesWarp”, “us,” or “our”) and govern your use of this website or any software or services provided, your SalesWarp.com account, your monthly service fee (if applicable), and any and all purchases from or through SalesWarp.com (including all communications and interactions with the Company). You must read, agree with, and accept all of the terms and conditions contained in the Terms and Privacy Policy before you become a user of our products, as they constitute the entire agreement between the Company and you with respect to such matters. By using the service, you acknowledge and agree that Company’s collection, usage and disclosure of this personal information is governed by our Privacy Policy.

The terms SalesWarp, SalesWarp.com, Company, us and our shall include SalesWarp Inc., its representatives, officers, shareholders, subsidiaries, parent companies, predecessors, successors, affiliates, employees, and agents. Terms related to specific carriers in this Agreement apply to the extent you use those carriers in connection with the Services.

IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHTS OR PERMISSIONS TO USE SALESWARP.COM WEBSITE, SOFTWARE OR SERVICES.

1. Service Fees

SalesWarp offers a variety of services that may be offered individually or bundled – including, without limitation, monthly service plans, term service plans, and pre-paid service plans. In addition, you are responsible for all variable and transactional costs of using your applicable Services (for example, postage, fees for carrier services, package insurance, items purchased in the online store, direct and indirect costs of third party service providers and carriers, transaction fees charged directly by SalesWarp.com for shipping or other services, or other special services selected) in addition to your applicable service fees, if any. The total fees quoted for shipping and other services may include third party carrier fees, partner and other fees charged by SalesWarp.com which may not be separately delineated from the overall charge. Rates for services charged will be based on the rates that are available for your account and may be updated by SalesWarp.com in its sole discretion. SalesWarp.com may, at its discretion, offer substitute services for any selected Services, with substantially the same or improved service levels.

Your recurring service fee, if any, will be calculated and billed based on the terms of your offer. Unless otherwise indicated in the offer, if you have registered for a monthly billing plan, the monthly billing cycle ends one month after you register.

2. Transaction Fees, Meters and Aggregate USPS rates

You must pay for any variable transactional charges relating to mailing and shipping (for example, postage) purchased. To use SalesWarp for any mailing and shipping services, you must pre-fund your account in an amount equal to or greater than the mailing or shipping service to be purchased. All purchases and debits will be reflected in your account balance.

To provide our customers with the lowest possible shipping rates, credit card processing fees are not automatically added to our shipping rates and/or metered services. All Shipping Purchases made via credit card will be charged a 3% processing fee and this fee will be added to the purchase total; for example, if you reload your Postage meter with $100 USD using your credit card, then you will be billed $103 total ($100 + $3 fee). After three months of shipping history, you may request to fund your account by check or wire to reduce processing fees. Please contact sales@SalesWarp.com to make any funding changes.

Aggregate carrier rates are typically beneficial to SalesWarp.com customers and often provide the lowest overall rates. SalesWarp.com cannot guarantee these are always the lowest rates available to you due to the variety of factors specific to carriers, customers, services selected, promotions and other factors from the service providers. You agree to the rate provided and displayed at the time of the transaction, as that amount may fluctuate. No refunds shall be applicable to transactions that could have been obtained at a less expensive rate using other systems, unless the transaction qualifies for a refund as provided for elsewhere in our terms. Our Carrier rate cards are available upon request to active account holders and subject to change at any time.

3. ACCOUNT DURATION

While SalesWarp.com reserves the right to cancel your account for lack of use, lack of payment, or breach of this Agreement, as a general matter, all SalesWarp.com user accounts are maintained perpetually unless and until cancelled by the user. If you select a term service plan or a pre-paid service plan, at the conclusion of the term or pre-paid payment period, your account will be automatically converted into a monthly service fee account for all purposes. Following any account cancelation, SalesWarp.com may maintain certain account settings and information for a period of time in the event of account re-activation. The period of time SalesWarp.com maintains account information shall be in the sole discretion of SalesWarp.com.

4. ACCOUNT CANCELLATION/TERMINATION

You may terminate or close your account at any time. However, depending on the service plan you selected, certain restrictions or fees may apply, as detailed below.

To cancel, call SalesWarp.com customer support at 1-410-276-4600, Monday – Friday, 5 am – 5pm (EST). Online cancellation options may also be available. You will be asked to verify your account information and confirm your intent to cancel your account.

• Monthly Service Plan. You are free to end your monthly service plan at any time. If you terminate your monthly service plan after the applicable trial period, if any, has expired, your account will be handled as follows at the discretion of SalesWarp.com: (i) either a pro-rated/partial refund of that month’s service fee (if one was charged) will apply and your account will be closed immediately; or (ii) your account will remain open and accessible until the end of that month’s billing cycle, at which point the last monthly service fee (for the preceding month) will be charged and the account will be closed and no longer accessible.
• Term Service Plan. If you terminate your term service plan after the applicable trial period, if any, has expired but before the end of your term, you will be required to pay an early termination fee equal to your monthly billing fee multiplied by the number of months remaining on your term. (If you cancel mid-billing cycle, that month’s billing fee will also be charged in full.)
• Pre-Paid Plan. If you terminate a pre-paid plan after the applicable trial period, if any, has expired, your account will be closed immediately and you will not receive any refund.

Except where prohibited by applicable law, unused free or other postage related to an offer, reflected in your account is never refunded; such credits, if any, expire and are forfeited automatically upon termination of your account. Any monthly service fee credits (for trial periods), if any, are likewise not redeemable or refundable. Non-offer related, non-pre-paid account will be refunded pursuant to USPS regulations. You may request a refund of your non-offer related postage balance when you call to close your account. If you have unpaid service fees or other outstanding charges, or a user initiated postage refund request is pending (see User Refunds for Unused on Misprinted Transactions; Destruction of Unused or Misprinted Transactions below for additional details), your refund, if approved, may be delayed or used to pay, in whole or in part, the outstanding balance.

5. METHOD OF PAYMENT

SalesWarp.com currently accepts Visa, MasterCard, American Express, and Discover. Alternatively, you may set up an automated debit from your bank savings or checking account after three months of shipping and/or business verification. Acceptable payment methods are subject to change at any time. You must include correct information (e.g., the address and phone number the credit card issuer has on file for you) when enrolling. Incorrect information may cause delays in establishing service. All information received from you, including credit card and/or bank account information, will be treated in accordance with SalesWarp.com’s Privacy Policy. By utilizing our services, you are consenting to be contacted at the phone number you select to authenticate such phone number, and you will complete the steps required to confirm such authentication. If you select to receive a text message, wireless and text message fees may apply from your carrier. Please note that SalesWarp.com may receive updated information regarding your payment card account, debit card account or bank account from your financial institution and by accepting this Agreement you hereby consent to such updating. SalesWarp.com reserves the right to charge you any unpaid fees or other delinquent obligations by your provided payment method including, but not limited to, your credit/debit card or direct debit from a checking account (ACH) if such checking account information has been provided to be debited via ACH by SalesWarp.com for any purpose. You hereby give SalesWarp.com permission for such payment method charges or debits to your checking account for any overdue fees or other delinquent payments owed. The billing entity for part or all of the services provided by Company may be that of a subsidiary, affiliate or partner organization of Company and you hereby consent to any such billing, including changes to the billing entity from time to time.

DEBIT NOTICE WAIVER: If you elect to pay SalesWarp.com via a debit card, you hereby waive your rights under 12 C.F.R. 205.10(d) to receive ten days’ advance notice of the amount and date of all varying electronic fund transfers, so long as the transfer falls inside the range of $0.01 and the sum of any amounts you authorize for insurance transactions, mailing and shipping charges, hidden postage labels, reset fees or other non-recurring charges.

6. ACCOUNT FUNDING

You may add funds to your SalesWarp.com account up to the amount of your maximum permitted balance. The minimum purchase (to fund your account) and the maximum permitted SalesWarp.com account balance varies by service program. You may also have the option to set your SalesWarp.com account to pre-fund automatically when the balance is low.

With the exception of certain SalesWarp.com services, which may require you to maintain a minimum balance in your SalesWarp.com account for a specific duration following the transaction, you are allowed to print or create labels up to the current balance of pre-funding in your account, as long as all service fees have been paid. If any service fee payment cannot be completed successfully, your account will be suspended until payment is made. You will be notified that your service has been temporarily suspended until all overdue balances have been paid.

If your account balance becomes negative, you authorize SalesWarp.com to automatically charge your payment method and/or seek reimbursement so that the account balance is no longer negative (to cover previously selected mailing and shipping transactions, short-paid transactions or other requested purchases with SalesWarp.com). If you utilize services requiring a minimum balance, and your account balance falls below that minimum, you authorize SalesWarp.com to automatically charge your payment method and/or seek payment to maintain that minimum balance. The minimum additional funding amount for insufficient or negative account balances is $10, and you authorize these charges whether your SalesWarp.com account is active, suspended, or canceled.

7. BILLING DATE

Recurring, Service Fee Billing: SalesWarp.com’s service fee and any other applicable fees due will be automatically charged to the account holder’s credit card, debited from the account holder’s debit card or collected via Direct Account Withdrawal from the account holder’s bank account at the end of each billing cycle.

Account Funding and Product Purchase Billing: Purchases for your account balance and product purchases, as well as any fees related to such purchases, will be charged to the account holder’s credit card, debited from the account holder’s debit card or collected via Direct Account Withdrawal from the account holder’s bank account at the time of purchase.

8. MAILING & SHIPPING ADJUSTMENT TRANSACTIONS

If you use a shipping service that is paid only when the label is used or if it is determined by SalesWarp.com or a carrier partner of SalesWarp.com that a mailing or shipping transaction did not contain sufficient funds (for example, not enough postage to cover a USPS shipment due to an underreporting of weight at time of print, or a change in mail class eligibility because of carrier rule changes), SalesWarp.com may automatically deduct the amount for the unpaid or short-paid transaction from your account balance. You will be able to review these adjustments in your account history and reports. If one or more of these payments cannot be collected from your account due to a lack of available funds, your account billing method may be charged (with a minimum charge of $10.00) until you fund your account to cover all outstanding payments and your account may be suspended. SalesWarp.com reserves the right to retain the services of a collection agency to recover the amount due for outstanding payments.

9. USER REFUNDS FOR UNUSED OR MISPRINTED TRANSACTIONS; DESTRUCTION OF UNUSED OR MISPRINTED TRANSACTIONS

You may request a refund for mailing and shipping unused transactions, subject to the following rules and limitations, for any unused or misprinted items:

Authorized User Request: You acknowledge and agree that SalesWarp.com and/or its authorized partners, to the extent necessary by any carrier service, is appointed to act on your behalf to request and obtain refunds. In addition to SalesWarp.com’s refund requirements set forth in this agreement, refund requests are further subject to the rules and requirements of SalesWarp.com’s third party carrier services, including the USPS. SalesWarp.com makes no guarantee that a refund will be made.

Unused or Misprinted Postage: Unused and/or misprinted mailing and shipping labels or “postage” shall be defined as an envelope, label, plain paper, label stock containing carrier-compliant labels, or electronic image files, with full, intact indicium which is scan-able and unused. Postage handled and/or returned to sender shall not be considered valid unused and/or misprinted postage.

Time Limit: You must complete the refund request within thirty (30) days of generating the mailing or shipping label.

Active Account Required: Your account must be active and in good standing to request a refund and at the time the refund is to be credited to your account, in order for the refund to be processed and your account to be credited.

Refund Process: Learn how to submit your refund request by contacting support@SalesWarp.com. You will receive instructions on to submit a refund and must follow all the steps listed and provide all of the required information to initiate and complete your refund request, including the return or destruction, if required, of the printed or misprinted but unused mailing and shipping labels. Incomplete requests will not be processed.

Refund Rejections: You take the risk of the carrier partner improperly rejecting a refund request. SalesWarp.com will not refund the transaction unless the relevant carrier partner approves the refund.

Reimbursement of SalesWarp.com Account: If you manually initiate a refund request and such request is completed within thirty (30) days of purchasing/printing the label pursuant to SalesWarp.com requirements, your account is active and in good standing, and the relevant carrier approves the refund, SalesWarp.com will credit your account for the full value of the transaction to be refunded, as approved by the carrier. Refund processing times may vary. If you have an outstanding balance in any amount (including but not limited to for unpaid service fees or unpaid termination fees) you may not receive any reimbursement credit until your account is brought current. In addition, SalesWarp.com may, in its sole discretion, deduct such unpaid fees from any refund otherwise due.

Destruction of Unused or Misprinted Postage: All transactions printed through SalesWarp.com with a designated mailing date, expire after that date (USPS transactions expire pursuant to the Code of Federal Regulations). USPS misprinted or unused labels must be destroyed or returned to the USPS, as provided in the Domestic Mail Manual (see Section 14), regardless of whether a refund is requested.

10. PRE-PAID SHIPPING LABELS:

To keep the available shipping rates as low as possible, SalesWarp.com only offers PRE-PAID shipping labels. You must have an available balance to purchase a PRE-PAID shipping label and are responsible for all other Carrier related charges for any and all shipping labels purchased via SalesWarp.com services.

11. POSTAL POSTAGE ACCOUNT REQUIREMENTS

By and as a result of accepting these Terms, you are also entering into an Agreement with the United States Postal Service (USPS) in accordance with the Domestic Mail Manual (DMM) 604.4, Postage Payment Methods, Postage Meters and PC Postage Products (Postage Evidencing Systems or “PES”). You accept responsibility for control and use of your account and the PES printed therefrom. You agree and certify that: (i) you will comply with all laws and regulations applicable to USPS services, including, without limitation, the provisions of the Domestic Mail Manual and the International Mail Manual, (ii) you do not owe any money to the USPS and you are not a controlling member or officer of an entity that owes money to the USPS, and (iii) you authorize SalesWarp.com to disclose your personal information to the USPS and such other information retained by SalesWarp.com that may enable the USPS to collect debts owed to it.

You acknowledge that you have read the Domestic Mail Manual 604.4, Postage Payment Methods, Postage Meters and PC Postage Products (Postage Evidencing Systems) and agree to abide by all rules and regulations governing its use.

Failure to comply with the rules and regulations contained in the DMM or use of the PES in any fraudulent or unlawful scheme or enterprise may result in the revocation of this agreement.

You further acknowledge that any use of this PES that fraudulently deprives the USPS of revenue can cause you to be subject to civil and criminal penalties applicable to fraud and/or false claims against the United States. The submission of a false, fictitious or fraudulent statement can result in imprisonment of up to five (5) years and fines of up to $10,000 (18 U.S.C. 1001). In addition, a civil penalty of up to $5,000 and an additional assessment of twice the amount falsely claimed may be imposed (3 U.S.C. 3802).

You further understand that the rules and regulations regarding the use of this PES as documented in the DMM may be updated from time to time by the USPS and it is your obligation to remain up to date on the rules and regulations and to comply with any current and future rules and regulations regarding its use.

You acknowledge, agree, and warrant that: (1) you bear full responsibility and liability for obtaining authorization to reproduce and otherwise use the image printed by a postage evidencing system as proposed (including, without limitation, any trademarks, slogans, likenesses or copyrighted material contained in the image); (2) you in fact have the legal authority to reproduce and otherwise use the image as proposed; and (3) you understand that images or other matter is not provided, approved, or endorsed in any way by the Postal Service.

12. USE OF SERVICE AND COMPLIANCE WITH LAWS

You represent and warrant that your use of the Services will comply with all applicable laws and regulations. You’re responsible for determining whether the Services are suitable for you to use in light of your obligations under any regulations like U.S. state or federal data or privacy laws, HIPAA, GLB, EU data privacy laws (including the General Data Protection Regulation) (collectively, “EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws. If you’re subject to regulations (for example, HIPAA) and you use the Service, then we won’t be liable if the Service doesn’t meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or other laws that apply to commerce. You will comply with CAN-SPAM and any other laws applicable to emailing third parties. You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to us and to enable such data to be lawfully collected, processed, and shared for the purposes of providing any Service or as otherwise directed by you.

If you collect any personal information pertaining to a minor and store such information within your account, you represent and warrant that you have obtained valid consent from the minor according to the applicable laws of the jurisdiction in which the minor lives, or that you have otherwise obtained the required parental or guardian consent according to the applicable laws of the jurisdiction in which the minor lives.

If you are located in the European Economic Area, the United Kingdom, or Switzerland (collectively, the “EEA”) and/or distribute any Campaigns through the Service to anyone located in the EEA (each an “EEA Member”), you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests we receive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly. “Campaign” is defined as an online marketing and transactional email platform that allows you to, among other things, create, send and manage certain marketing campaigns and mailings.

You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section 15.

13. ADDITIONAL PRIVACY, EMAIL AND DATA TERMS

By agreeing to these Terms, you promise to follow these rules:

• You agree to follow and abide by all Amazon Data Privacy rules for Sellers. See link Amazon Data Protection Policy
• You agree to follow and abide by all Amazon Acceptable use rules for Sellers. See link Amazon Acceptable Use Policy
• You will not send spam. Spam can be in the form of bulk emails or one to one commercial emails. You must be able to point to an opt-in form or show other evidence of consent for bulk email.
• You will not use purchased, rented, or third-party lists of email addresses.
• You own or have permission to use all of the material, content, data and information (including your personal information and the personal information of others) you submit to SalesWarp.com in the course of using any Service (“Content”).
• You will not send anything offensive, promote any illegal good or activity, pornography or sexually explicit content and that your use of the Service is not related to the following types of services, products, or content: escort services, mail-order bride/spouse finders, international marriage brokers, and other similar sites and services; hookup, swinger, or sexual encounter sites or services; pharmaceutical products; work from home, make money online, and lead generation opportunities; gambling services or products; multi-level marketing; affiliate marketing; credit repair and get out of debt opportunities; list brokers or list rental services; services selling “Likes” or followers for a social media platform. Also, we do not allow businesses involved in any aspect of the sale, transaction, exchange, storage, marketing or production of cryptocurrencies, virtual currencies, and any digital assets related to an Initial Coin Offering, to use SalesWarp.com to facilitate or support any of those activities.
• You will not put into your Campaigns or account any material that was not created by you, provided for you to use, or that would violate the rights of third parties. That includes text, photos, graphics, and other content.
• You will not use any misleading or incorrect names, addresses, email addresses, subject lines, or other information in the Service or in any Campaigns created, managed or sent using a Service.
• You will not share your password.
• You will not use an outside unsubscribe process when sending bulk content to a list hosted in SalesWarp.com.
• You will not set up multiple accounts for any person or entity in order to send similar content, unless you’re part of a franchise or agency.
• You will not import or incorporate any of this information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, or sensitive personal information.
• You will not send Campaigns that will be delivered to recipients as text, SMS, or MMS messages unless using a feature designed for that purpose.
• You will not upload or send to purchased, rented, third-party, co-reg, publicly available data, or partner lists of any kind.
• You will not send or forward personal mail.
• You will not send content created in SalesWarp.com through another service.
• You will not host images on our servers for any purpose other than for your use of the Service.
• You will not host Content on our servers for any purpose other than for your use of the Service.
• Except as permitted under our Standard Terms of Use, take any action intended to avoid our billing thresholds.

SalesWarp.com does not allow accounts that promote or incite harm toward others or that promote discriminatory, hateful, or harassing Content. To this end, we may suspend or terminate your account if you send a Campaign or otherwise distribute any Content that we determine, in our sole discretion, contains either of the following:

• A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
• Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

• an organization that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
• a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
• a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

If you violate any of these rules, then we may suspend or terminate your account.

Reporting Abuse
If you think a SalesWarp.com customer is violating any of these Terms, please notify us immediately. If you received spam you think came from a SalesWarp.com customer, please report it to our customer care team at 1-410-276-4600.

14. LEGAL DISCLAIMERS

SERVICES PROVIDED “AS IS;” NO REPRESENTATIONS OR WARRANTIES:

THE CLOUIDQIX.COM WEBSITE, SALESWARP.COM SERVICES, SALESWARP.COM SOFTWARE, INCLUDING ANY VARIATIONS THEREOF, ANY SITE LINKS AND ALL OTHER DOCUMENTATION ARE PROVIDED “AS IS.”

SALESWARP.COM MAKES NO PROMISES, WARRANTIES, OR REPRESENTATIONS OF ANY KIND, AND SALESWARP.COM SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

SALESWARP.COM MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF THE SALESWARP.COM WEBSITE, PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT SALESWARP.COM PRODUCTS AND SERVICES WILL BE AVAILABLE FOR PURCHASE FROM THE SALESWARP.COM WEBSITE.

LIMITATION ON DAMAGES: WITHOUT LIMITING THE FOREGOING, SALESWARP.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY OF THE FOLLOWING: (A) ERRORS OR OMISSIONS IN THE CONTENT DELIVERED BY SALESWARP.COM (THROUGH ANY MEDIUM); (B) RECOMMENDATIONS OR ADVICE PROVIDED BY CUSTOMER SERVICE; (C) ANY FAILURE OR INTERRUPTION IN THE AVAILABILITY OF THE SALESWARP.COM SERVICE AND/OR WEBSITE OR USER INTERFACES, (D) DELIVERY AND OR DISPLAY OF ANY CONTENT OR SERVICES BY SALESWARP.COM (THROUGH ANY MEDIUM); (E) ANY LOSSES OR DAMAGES ARISING FROM THE USE OR VIEWING OF THE CONTENT, SOFTWARE OR SERVICES PROVIDED BY SALESWARP.COM, INCLUDING BUT NOT LIMITED TO ANY LOSSES OR DAMAGES ARISING FROM DOWNLOADING OF SOFTWARE, DOWNLOADING AND/OR USE OF ANY OTHER SOFTWARE, OR ANY CONDUCT BY USERS OF THE SALESWARP.COM SERVICE, WEBSITE OR USER INTERFACES.

IN NO EVENT SHALL SALESWARP.COM, OR ANY OF ITS AFFILIATES, SERVICE PROVIDERS, OR ANY LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT SALESWARP.COM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, REGARDLESS OF ANY THEORY OF LIABILITY, ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OR PERFORMANCE OF SALESWARP.COM’S SERVICES, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE SALESWARP.COM SERVICE, INCLUDING ANY SALESWARP.COM STORE PURCHASES OR SPECIAL ITEMS ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SALESWARP.COM SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF ONE MONTH’S FEE ON YOUR SERVICE PLAN. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY OR ANY APPLICABLE EULA YOU ARE REQUIRED TO AGREE TO IN ORDER TO DOWNLOAD SOFTWARE, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

15. DISPUTE RESOLUTION; AGREEMENT TO ARBITRATE; AND CLASS WAIVER

Agreement to Arbitrate; Class Waiver: You and SalesWarp.com agree that, except as provided below regarding small claims court proceedings, any dispute, claim or controversy arising out of or relating in any way to the SalesWarp.com services, including, without limitation, our PC Postage services, our website, your account(s), our SalesWarp.com online store, special offers, user interfaces, our Privacy Policy or our privacy practices generally, these SalesWarp.com Terms, and this Agreement to Arbitrate, shall be determined by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. YOU AGREE THAT, BY AGREEING TO THESE TERMS, THE U.S. FEDERAL ARBITRATION ACT GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS PROVISION, AND THAT YOU AND SALESWARP.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. This arbitration provision shall survive termination of these Terms and the termination of your SalesWarp.com account(s).

Pre-filing Mediation. In the event of a dispute, prior to initiating arbitration, the party asserting the claim must first send to the other, by certified mail with return receipt requested (or any successor service), a written Notice of claim (“Notice”). If you are the claimant, the Notice to SalesWarp.com must be addressed to: Legal Department – Dispute Resolution, SalesWarp.com Inc., 1200 Agora Dr, Ste C #229, Bel Air, MD 21014. If SalesWarp.com is the claimant, the Notice must be addressed to the address used for your membership account. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. Following receipt of the Notice, each party agrees to negotiate with the other in good faith about the claim. If the claim is not resolved to the satisfaction of the claimant within sixty (60) days after Notice is provided, the claimant may pursue the claim in arbitration or file a claim in small claims court.

ADDITIONAL ARBITRATION PROVISIONS:

Settlement Offers: During the arbitration, the amount of any settlement offer made by SalesWarp.com or you shall not be disclosed to the arbitrator.

Initiating A Claim: The form required to initiate an arbitration can be printed or downloaded from www.adr.org. Alternatively, you can contact the arbitration administrator by calling 800-778-7879.

Fees for Initiating Arbitration: If you are required to pay a filing fee to initiate arbitration, after SalesWarp.com receives notice of the initiation of arbitration, it will promptly reimburse you for your payment of the filing fee at the address we have for you on file (or the address provided in the Notice), unless your claim is for greater than US $10,000.

Applicable Rules; Administrator: The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879. The arbitrator is bound by the requirements of this Section of the Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this Agreement to Arbitrate.

Location of Hearing: Unless SalesWarp.com and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address. (If you reside outside of the United States, any arbitration hearings will take place in your country of residence at a location reasonably convenient to you, but will remain subject to the AAA Rules including the AAA rules regarding the selection of an arbitrator). If your claim is for US $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a written decision sufficient to explain the essential findings and conclusions on which the award is based.

Award Enhancement: If the arbitrator issues you an award that is greater than the value of SalesWarp.com’s last written settlement offer made before an arbitrator was selected (or if SalesWarp.com did not make a settlement offer before an arbitrator was selected), then SalesWarp.com will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

Class Waiver: YOU AND SALESWARP.COM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and SalesWarp.com agree otherwise, the arbitrator may not consolidate the claims of more than one party, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable as applied to any claim asserted by you, the remainder of the arbitration provision set forth in this Section 18 shall still be applicable.

Injunctive Relief Limitation: The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

Small Claims Procedure Alternative: Notwithstanding the foregoing binding arbitration procedure, either party may bring an individual action in small claims court (provided the claim otherwise qualifies for such program) as an alternative to proceeding with arbitration.

16. MODIFICATION OF TERMS

SalesWarp.com may modify these Terms at any time with 30 days advance notice (except in the event changes are required by applicable law to go into effect immediately) or upon direct acceptance by the user of the modified Terms. The 30 day advance notice period will commence when the revised Terms are uploaded to SalesWarp.com’s website and made accessible to the SalesWarp.com users. You acknowledge that SalesWarp.com may change these Terms at any time and from time to time pursuant to this provision and that posting the updated Terms on the SalesWarp.com website shall constitute adequate and sufficient notice, and you further agree to check for updates from time to time. The date the Terms were last updated will be noted at the top of the Terms. Any change shall only apply prospectively. Past transactions and interactions shall continue to be governed by the Terms in effect when such transaction or interaction occurred.

Your continued use of the SalesWarp.com website and/or service (including your account) following the effective date of an update to the Terms constitutes your affirmation that you have read, understand and accept the revised Terms.

17. MISCELLANEOUS:

The following miscellaneous terms are fully applicable and important. Please read them with the same degree of care you read the preceding provisions.

ACCOUNT ACCESS: All transactions originating from your account are your responsibility.

ACCOUNT DELINQUENCY: If you fail to pay your monthly service fee for three months or longer or you maintain a negative account balance, SalesWarp.com may elect, in its sole and absolute discretion, to terminate your account. In this event, in addition to all other fees due and owing, SalesWarp.com shall charge a $25.00 processing fee.

AUTHORITY: By completing the registration process, you agree to pay all fees incurred on your account in accordance with the terms of the service plan selected by you. If you change service plans or your account is automatically converted pursuant to Section 3, you agree to be bound by the payment terms of the new plan. If a SalesWarp.com account is established for a business or other entity, the person establishing the account represents that he or she has all necessary authority to establish an account with SalesWarp.com on behalf of the business or other entity.

COLLECTION: Each party agrees that if timely payment by the other of any amounts due is not made, the aggrieved party may pursue the claim directly or assign such claim for collection, and the collection agency may pursue the collection of the past due amounts and any interest or cost of collection permitted by law.

CREDIT VERIFICATION: SalesWarp.com reserves the right to verify the credit of all persons or companies applying for services.

NO SUBLICENSE OR THIRD PARTY USE: You may use your SalesWarp.com account for transactions for your own direct use. SalesWarp.com does not grant the right to sublicense, resell, offer, or utilize any SalesWarp.com products or services such that SalesWarp.com products or services are stored, loaded, installed, combined, integrated or displayed as part of a product or software offering (including as part of an application programming interface) of yours to other third party products and services. SalesWarp.com does not allow you to sublicense, resell, offer, or utilize SalesWarp.com  products or services to third parties (including customers of yours). If SalesWarp.com determines, in its sole and absolute discretion, that you have violated the foregoing limitations, SalesWarp.com reserves the right to immediately suspend or terminate your service/account (without notice).

ORDER ACCEPTANCE/REJECTION: SalesWarp.com reserves the right at any time after receipt of an order for products or services to accept or decline the order for any reason.

RELOCATION: You agree to provide updated address information to SalesWarp.com in the event of relocation.

CARRIER TERMS: You agree to be bound by the terms and conditions of each carrier and partner accessed through SalesWarp.com, and must accept such terms and conditions prior to using such carrier’s services. Please note that each carrier may change their terms and condition within their sole discretion, and we strongly suggest that you visit each carrier’s website regularly, to familiarize yourself with each company’s individual terms and conditions, as well as any potential changes, prior to using each service.

RISK OF LOSS: The risk of loss and title for non-postage products purchased from SalesWarp.com passes to you upon our delivery of the purchase to our common carrier for delivery to you.

SALES AND USE TAX: No sales tax is charged on the purchase of postage. If required by applicable law, sales/use/other taxes may be charged/collected on non-postage purchases and service fees. You are responsible for the payment of all sales, use, or other taxes owed on products, services or taxable items purchased or utilized, regardless of whether such taxes are collected by SalesWarp.com at the time of purchase.

SERVICE CHANGES: SalesWarp.com reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, any functions and features of its services, in its sole discretion, with or without notice, all without liability to you, except where prohibited by law. SalesWarp.com reserves the right, in its sole discretion, to offer selected products from its third party partners, including only selected services of the USPS, to each individual customer and does not warrant or represent that a full complement of services from each partner will be available through SalesWarp.com’s services. SalesWarp.com may, at its discretion, offer substitute services for any selected services, with substantially the same or improved service levels.

SOFTWARE USAGE: Subject to compliance with this Agreement and the EULA, SalesWarp.com software (download and/or web access) is provided for no additional consideration on a, non-transferable, limited, revocable, royalty-free basis.

WEBSITE MISTAKES: Although we make reasonable efforts to provide accurate pricing information and product descriptions, pricing mistakes, typographical errors or mistakes regarding product availability may occur. We reserve the right to correct such mistakes and errors.

VIOLATIONS OF LAW: SalesWarp.com services may not be used in violation of any law or in any way that interferes unreasonably with others’ use of the services.