pbSmart Products Terms & Conditions

share this product: Facebook Digg Del.icio.us

pbSmart™ Codes Terms & Conditions

TERMS OF USE

THESE TERMS OF USE ("TERMS OF USE") DESCRIBE THE CONDITIONS SUBJECT TO WHICH PITNEY BOWES INC. ("WE", "US" OR "PITNEY BOWES") OFFERS YOU ("YOU" OR A "USER") ACCESS TO THE pbSmfart Codes WEBSITE (THE "pbSmart Codes WEBSITE"), AND THE SERVICES AVAILABLE ON THE pbSmart Codes WEBSITE (THE "SERVICES"). BY CLICKING THE "I AGREE" BUTTON BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN, AS AMENDED FROM TIME TO TIME BY PITNEY BOWES IN ITS SOLE DISCRETION. IF YOU DO NOT AGREE TO BE BOUND BY ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU MAY NOT USE THE pbSmart Codes WEBSITE OR THE SERVICES.

1. Acceptance of Terms of Use.

This agreement constitutes a legally binding agreement between you and Pitney Bowes. By accessing or using the pbSmart Codes Website or the Services, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and the terms of our privacy statement located at https://www.pb.com/legal/privacy-statement.shtml (the "Privacy Statement"), which is incorporated into these Terms of Use. If you do not agree to these Terms of Use, you may not use the pbSmart Codes Website or the Services. You should check these Terms of Use and the Privacy Statement periodically. By posting updated versions of these Terms of Use and/or the Privacy Statement on the pbSmart Codes Website, or otherwise providing notice to you, Pitney Bowes may modify these Terms of Use, the Privacy Statement or any Services in its sole discretion. All changes will become effective upon the posting of revisions on the pbSmart Codes Website or upon your receipt of notice from Pitney Bowes. By accessing or using the pbSmart Codes Website or these Services after these Terms of Use and/or the Privacy Statement are revised, you accept those revisions.

2. User Requirements.

a. Users must be at least eighteen (18) years of age. By using the pbSmart Codes Website and/or the Services, you represent and warrant that you are not less than eighteen (18) years of age and that your use of the pbSmart Codes Website and/or Services does not violate any applicable law or regulation. We may terminate these Terms of Use with you without warning if we have reason to believe you are less than eighteen (18) years of age.

b. We will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information to us. Pitney Bowes will not be responsible or liable for the actions of any individuals who misuse your pbSmart Codes Account (as defined below) or other assets using your username and password or other appropriate account identifying information.

c. When you sign up to the pbSmart Codes Website on behalf of a business with which you are associated, you represent and warrant that you, as the individual who completed the registration and verification processes for such business, (i) have the authority to provide such information, (ii) that the information you have provided to us is true and correct, and (iii) you have full power and authority to act on behalf of that business entity and to bind it to these Terms of Use.

3.Registration and Services Use.

a. To utilize the pbSmart Codes Website and the Services, you will be required to set-up an account with us (a "pbSmart Codes Account"). When you create a pbSmart Codes Account, you are required to :

(i)provide true, accurate, current and complete information about your company, as prompted by the pbSmart Codes Website registration form while creating a pbSmart Codes Account and prior to using the Services (the "Registration Information"), and

(ii)maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If you provide any information we believe to be untrue, inaccurate, not current or incomplete, we may suspend or terminate your pbSmart Codes Account and remove your access to the pbSmart Codes Website and/or the Services.

You will create a password for your pbSmart Codes Account when completing the registration process and providing the Registration Information. As part of the registration process, you will be asked to select a username and password. We may refuse to grant a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You are responsible for maintaining the confidentiality of your username and password and pbSmart Codes Account and are fully responsible for all activities that occur under your password or pbSmart Codes Account. You agree to notify us immediately of any unauthorized use of your password or pbSmart Codes Account, or if you believe your password has been lost or stolen or subject to any other breach of security.

c. Through the pbSmart Codes Website and the Services, we will provide you with the ability to create advertising and marketing materials ("Customer Materials") containing quick response code technology ("QR Codes") through our proprietary developed templates (the "pbSmart Codes Templates"). The QR Codes will contain instructions and information that determine what occurs when a QR Code is scanned by mobile device users (the "Code Content"). We will print Customer Materials containing the QR Codes in one of our specified sizes chosen by you, and in the number of copies chosen by you (the "Printed Materials"). We will deliver the Printed Materials to you at the location you designate to us during the order process.

4. Use of Wireless Devices.

You acknowledge and agree that SMS, WAP and mobile services are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use, or any User's use, of such features will be private or secure, and we are not liable to you for any lack of privacy or security you may experience. You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the pbSmart Codes Website and/or the Services. Separate charges for mobile services from mobile carriers may apply to individuals' use of QR Codes, and we are not responsible or liable for any such charges.

5. Fees and Payment.

a. Subscription Fees. For the Services, in the absence of any special offer, discount or promotion to the contrary, you will pay monthly subscription fees, or such other fees agreed upon by Pitney Bowes and you, as evidenced by your selection of options during registration on the pbSmart Codes Website ("Subscription Fees"), and the applicable Subscription Fees or other fees shall be determined in accordance with the fee schedule that Pitney Bowes sets forth from time to time in its sole discretion on the pbSmart Codes Website (the "Fee Schedule").

b. Click Charges. In addition to the subscription fees described in subsection (a) above, and in accordance with your applicable Fee Schedule, you will be entitled to receive a certain number of "clicks" by mobile device users with a QR code reader or similar or successor equipment on the QR Code of your Customer Materials (each, a "Click") at no additional charge. In the event that the number of Clicks exceeds the applicable number in your Fee Schedule, you will be responsible for paying a charge for any additional Clicks (a "Click Charge") at the rate set forth in your applicable Fee Schedule.

c. Payment. You will pay the Subscription Fees monthly in advance until your account is terminated, by providing Pitney Bowes with your valid credit card and authorization to charge such credit card the fees in accordance with the Fee Schedule. Charges will be made to your credit card on the date you first open your account, and for each subsequent month on the same day of the month that you first opened your account. We will tabulate any overage of Clicks you incur following the end of each month at the rate set forth in your applicable Fee Schedule. When the overage of Clicks equals ten dollars (US$10.00), we will charge the Click Charge to your credit card. Pitney Bowes may, at any time, and from time to time, in its sole discretion, offer discounts or promotions that affect the fees to be paid under any applicable Fee Schedule, and in order to qualify for such discounts or promotions, Users may have to comply with separate terms and conditions.

d. Credit Card Authority. Any individual using a credit card represents and warrants that he or she is authorized to use such credit card and that any and all charges may be billed to such credit card and will not be rejected. In the event that the credit card used for payment expires, you will immediately provide Pitney Bowes with the relevant credit card information for any successor credit card or a different valid credit card.

d. Reimbursement. If you utilize the Services for any part of your subscription period, payment is due for the full subscription period, and Pitney Bowes will not reimburse you in the event that you cancel or otherwise terminate these Terms of Use during the subscription period. Any prepayment of your Subscription Fees will be non-refundable, and Pitney Bowes will not reimburse you in the event that you cancel or otherwise terminate these Terms of Use.

e. Changing Pricing Levels. For any month for which you have already paid during which you increase your number of active campaigns to an amount that causes you to go to another pricing level in the Fee Schedule, you will be required to (i) pay fees in a prorated amount at the higher level rate on or before the date due for payment for the following month, and (ii) pay fees for the next subsequent month at the new higher pricing level. For any month for which you have already paid during which you decrease your number of active campaigns to an amount that causes you to go to a lower pricing level in the Fee Schedule, Pitney Bowes will have no responsibility to, and will not, refund and/or reimburse you in any manner for such decreased Services in that month; however, Pitney Bowes will appropriately charge you at the applicable lower pricing level on the next subsequent due date.

f. Non-Payment; Sales Tax. If Pitney Bowes is for any reason unable to effect automatic payment via your credit card, we will attempt to notify you via email and the Services provided to you will be disabled until payment is received. Amounts paid for the Services, including prepayments, are not refundable. Pitney Bowes is required to collect and remit sales tax from its customers located in jurisdictions where software delivered as a service is taxable and where Pitney Bowes is deemed to have a tax nexus.

g. Changes to Fee Schedule. You are responsible for reviewing the Fee Schedule from time to time. The Fee Schedule is subject to change at any time in Pitney Bowes' sole discretion. Pitney Bowes will use good faith efforts to notify you prior to the effectiveness of any changes to the Fee Schedule.

6. Acceptable Use.

a. With regard to the Customer Materials and any information you provide in connection with Code Content, you agree to remain solely responsible, and agree to not submit or otherwise communicate materials that are unlawful, defamatory, abusive, harassing or obscene, or that will result in consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity. You also agree that you will not communicate anything to the pbSmart Codes Website or in connection with the Services, or place anything on any website linked to the Code Content, that violates any right of a third party, including copyright, trademark, privacy or other personal or proprietary right.

b. You will not post, disclose or otherwise make available, personally identifiable information of a third party in any information you provide in connection with Code Content or elsewhere in connection with the pbSmart Codes Website or the Services, unless you have permission to do so.

c. You agree that you will not use the pbSmart Codes Website or the Services for the sending of unsolicited email, and you will comply in all respects to the legal requirements of the CAN SPAM Act of 2003 and all applicable regulations.

7. Prohibited Content and Activities.

a. Pitney Bowes prohibits the use of the pbSmart Codes Website or the Services by any person or entity for:

(i) providing, selling or offering to sell illegal goods or services;

(ii) providing, selling or offering to sell pornography, sexually explicit material or adult sexual novelty items;

(iii) posting or disclosing any personally identifying information or private information about children without their consent (or their parents' consent in the case of a minor);

(iv) providing escort or dating services;

(v) providing, selling or offering to sell pharmaceutical, homeopathic, or "natural" health products, and/or nutritional, herbal or vitamin supplements;

(vi) providing online trading, day trading tips, or stock market related content;

(vii) providing or promoting gambling products or services;

(viii) providing or promoting multi-level and/or affiliate marketing programs or schemes; or

(ix) providing or promoting credit repair, get-out-of-debt information or programs, mortgages and/or loans, or real estate prospecting or listing.

You agree that you will not use the pbSmart Codes Website, the Services or create any Printed Materials in connection with any of the above-referenced content or activities.

b. You further represent, warrant and agree that, while using the pbSmart Codes Website and/or the Services, you will not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding, or other promotional content into the pbSmart Codes Website or the Services, or use, redistribute, reuse, republish, repurpose, or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the pbSmart Codes Website or the Services.

c. You represent, warrant and agree that you will not:

(i) Engage in spidering, "screen scraping," "database scraping," harvesting of email addresses, wireless addresses, or other contact or personal information, or any other automatic means of data retrieval, obtaining lists of users or other information from the pbSmart Codes Website, including without limitation any information residing on any server or database connected to the pbSmart Codes Website or the Services;

(ii) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means;

(iii) use the pbSmart Codes Website or the Services in any manner that could damage, disable, overburden, or impair the pbSmart Codes Website or the Services or interfere with any other party's use and enjoyment of the pbSmart Codes Website or the Services;

(iv) remove, conceal, edit, copy or otherwise alter any trademark, copyright or other proprietary rights notice or any other mark or source identifier included in any content or features made available on or through the pbSmart Codes Website or the Services (for example, in any Podcast, photograph, or text);

(v) attempt (or assist anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the pbSmart Codes Website or the Services, or any content thereof, bypass our tools or services to interfere or attempt to interfere with the proper working of the Services or instruct or authorize any third party to do so, or make any unauthorized use thereof; or

(vi) transmit, or otherwise introduce, any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of the pbSmart Codes Website or the Services.

d. You represent and warrant that you have all licenses necessary to sell, distribute and advertise the goods and services you offer in connection with the pbSmart Codes Website or the Services.

8. Termination, Disabling Access and Removing Content.

a. Pitney Bowes may terminate these Terms of Use at any time for any reason. In addition, you agree that Pitney Bowes, in its sole discretion, may terminate your pbSmart Codes Account, use of the Services, passwords or other access information, for any reason, including, without limitation, if we believe you have violated any applicable laws, regulations, or the Acceptable Use provision, the Prohibited Conduct and Activities provision, the Fees and Payment provision, or any other provision of these Terms of Use. Pitney Bowes may also, in its sole discretion, and at any time, suspend or discontinue providing the Services or access to the pbSmart Codes Website, or any part thereof. In the event that Pitney Bowes terminates these Terms of Use, or terminates or suspends your pbSmart Codes Account or your access to the Services without cause, we will refund appropriate amounts on a pro rata basis, based upon the services you have ordered, and the manner in which you have paid, whether by subscription, or otherwise. Pitney Bowes will have no responsibility to, and will not, refund and/or reimburse you in any manner if it terminates these Terms of Use due to your violation of one or more terms of these Terms of Use or if you terminate these Terms of Use. Once terminated, we may remove any of your pbSmart Codes Account Information, electronic communications and related data and files from the pbSmart Codes Website and any other storage.

b. You may cancel your pbSmart Codes Account at any time and have your information deleted from our records. To cancel your pbSmart Codes Account, log in to your account and fill in a cancellation form.

c. You agree that any termination or suspension of your access to your pbSmart Codes Account, the pbSmart Codes Website or the Services under any provision of these Terms of Use may be effected without prior notice.

d. Pitney Bowes reserves the right to intercept, block, restrict or suspend access to and remove content from the pbSmart Codes Website and/or your pbSmart Codes Account to prevent harm to the pbSmart Codes Website, the Services, Pitney Bowes or any other user's pbSmart Codes Account or if it believes that you have violated any laws, regulations or terms and conditions of these Terms of Use, without prior notice and in Pitney Bowes' sole discretion.

e. If we have terminated these Terms of Use or your pbSmart Codes Account, or disabled your access to the pbSmart Codes Website or the Services, for cause, you may not further utilize a pbSmart Codes Account, the pbSmart Codes Website or any Services, for any reason or in any manner. Once your use or access to your pbSmart Codes Account, the pbSmart Codes Website or the Services has been terminated or disabled, you may not thereafter use a pbSmart Codes Account, the pbSmart Codes Website or the Services under a new username or identity. In the event that you do return, or attempt to return, to a pbSmart Codes Account, the pbSmart Codes Website or the Services after your use or access has been terminated or disabled, you will be deemed to have breached these Terms of Use, and we reserve the right to obtain reimbursement from you for any costs and expenses incurred to enforce the terms and conditions of these Terms of Use and otherwise to pursue all rights and remedies available at law or in equity with respect to such breach.

9. Updates, Maintenance and Support.

We may from time to time make available updates, upgrades, enhancements, bug-fixes or other modifications to the pbSmart Codes Website or the Services (collectively, "Modifications"). Such Modifications shall be considered a part of the pbSmart Codes Website or the Services and subject to these Terms of Use, unless such Modifications are accompanied by a separate license in which case the terms of that license will govern. Notwithstanding anything else contained in these Terms of Use, we will have no obligation to continue producing or releasing new versions of the pbSmart Codes Website or the Services or any Modifications thereto. We are solely responsible for providing any maintenance and support services with respect to the pbSmart Codes Website or the Services, as specified in these Terms of Use or required by applicable law. Any User questions, complaints or claims with respect to the pbSmart Codes Website or the Services should be directed to support@pbSmartCodes.com.

10. Proprietary Rights.

a. This Agreement is for access to the pbSmart Codes Website and use of the Services, and you are not granted any right or license in or to any Pitney Bowes intellectual property, including without limitation, any software. You are prohibited from using, reproducing, copying, in whole or in part, distributing, decompiling, decrypting, reverse engineering, disassembling, displaying, downloading, storing, transmitting, distributing, selling or otherwise commercially exploiting any part of the pbSmart Codes Website, the Services or any Pitney Bowes or Pitney Bowes licensor's software.

b. As between you and us, we or our licensors, as applicable, own, solely and exclusively, all rights, title and interest in and to the pbSmart Codes Website, the Services, software utilized in furtherance of the pbSmart Codes Website or the Services, any code, data and materials incorporated therein, the look and feel, design and organization of the pbSmart Codes Website and the Services, all the content other than User Content, and the compilation of the content, code, data, and materials on the pbSmart Codes Website and the Services, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Services does not grant to you ownership of any content, code, data, or materials you may access on or through the Services.

c. You may access and view the content on the pbSmart Codes Website or the Services on your computer or other device, and make single copies or prints of the content on the pbSmart Codes Website or the Services at your own risk and for your use, provided that you keep intact all copyright and other proprietary notices contained therein and use the same in accordance with all restrictions applicable to your use of the Services in general.

11. Trademarks, Copyrights and Copies.

a. The trademarks, service marks, logos and trade dress of Pitney Bowes used on the pbSmart Codes Website are the intellectual property of Pitney Bowes and/or its affiliates and subsidiaries in the United States and throughout the world (collectively "Marks"). All third party trademarks on the pbSmart Codes Website are the property of their respective owners and are used under applicable law or with the owners' permission. Except as provided by applicable law, the Marks may not be used and/or reproduced without the written permission of Pitney Bowes. Those uses that are authorized must comply with Pitney Bowes' trademark usage guidelines (provided when necessary upon request). The images, text, organization and layout (collectively "Materials") of the pbSmart Codes Website, and the pbSmart Codes Templates, including any images and text contained therein and in any Customer Materials produced in connection with the pbSmart Codes Templates, are the exclusive property of Pitney Bowes Inc. or its licensors, and are copyrighted and protected by worldwide copyright laws and treaty provisions. Subject to fair use exceptions, Pitney Bowes does not authorize any downloading, distribution or republication of any Materials on or from the pbSmart Codes Website, without prior written permission. Pitney Bowes will enforce its intellectual property rights to the fullest extent permitted under the law.

b. Because any republication or other copying of the Customer Materials could violate Pitney Bowes' or its licensors' rights as described above with respect to ownership of intellectual property contained in the pbSmart Codes Templates and in Customer Materials, you are expressly prohibited from republishing or otherwise copying the Customer Materials and/or distributing them to third parties. Any such republication or copying shall be a violation of these Terms of Use, and may subject you to damages for violation of intellectual property rights and the obligation to indemnify us for any losses to us caused, in whole or in part, by your violation of this section.

12. Patent Notice.

Certain functionality and services that may be provided as part of pbSmart Codes, the pbSmart Codes Website and/or through Services are protected by U.S. Patent 7,774,283, Method and System for Using a Camera Cell Phone in Transactions.

13. The Digital Millennium Copyright Act of 1998 (the "DMCA").

a. In accordance with the DMCA, we will assist in providing recourse for you if you are a copyright owner who believes that materials appearing on the pbSmart Codes Website infringe your copyright. If this is the case, you or your agent may submit a formal Notice of Copyright Infringement containing the following information: (i) identification of what is being infringed, (ii) where the infringements are located, (iii) who is complaining, (iv) how he or she may be contacted, (v) a signed statement of good faith belief that the material is infringing, and (vi) a signed statement made under threat of perjury that the information provided is accurate and the complaint is authorized by the copyright holder.

b. All Notices of Copyright Infringement related to the pbSmart Codes Website or the Services should be sent only to our Copyright Agent by email, fax or mail at: Kathy Belleaux Email: kathy.belleaux@pb.com, Facsimile: (203) 460-5788, or Pitney Bowes Inc., One Elmcroft Road, Stamford, Connecticut 06926.

c. If we remove any of your content due to our receipt of a Notice of Infringement, you may supply a counternotice to our Copyright Agent at the contact information above. Any counternotice must include the following: (i) a signed statement that you have a good faith belief that the removal was a result of a misidentification on our part; (ii) a complete listing of your contact information, and (iii) a consent to jurisdiction in Federal Court. If this counternotice is received by our Copyright Agent, a copy of the counternotice will be sent to the original complaining party

14. Indemnification.

You agree to indemnify and hold harmless Pitney Bowes, its subsidiaries and affiliates, and their respective officers, employees and agents, from any and all third party claims, demands, action, suit or other proceeding, and from any and all damages, losses, liabilities costs and expenses (including, without limitation, court costs and reasonable fees of attorneys and other professionals), as incurred, arising out of your use of the pbSmart Codes Website and/or the Services, your breach of these Terms of Use, your violation of any applicable law or regulation, and/or your infringement of any intellectual property right(s). We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim and to reimburse us for the reasonable costs and expenses thereof.

15. Disclaimer and Limitation of Liability.

a. EACH OF THE pbSmart Codes WEBSITE AND THE SERVICES ARE BEING PROVIDED "AS IS", WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PITNEY BOWES, OUR SUBSIDIARIES, AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS SPECIFICALLY DISCLAIMS ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OR TRADE.

b. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE pbSmart Codes WEBSITE OR THE SERVICES, AND OPERATION OF THE pbSmart Codes WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. IN NO EVENT SHALL PITNEY BOWES, OUR AFFILIATES OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE SERVICES OR THE pbSmart Codes WEBSITE, TELECOMMUNICATIONS SYSTEMS OR THE INTERNET, TECHNICAL MALFUNCTION, COMPUTER ERROR, OR OTHER CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND THAT IS BEYOND OUR CONTROL.

c. IN NO EVENT SHALL PITNEY BOWES OR OUR AFFILIATES OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS TO THE pbSmart Codes WEBSITE, THE SERVICES, OR IN CONNECTION WITH THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PITNEY BOWES' MAXIMUM LIABILITY UNDER THIS AGREEMENT SHALL BE FOR DIRECT, PROVABLE DAMAGES IN AN AMOUNT NOT GREATER THAN THE FEES ACTUALLY PAID BY YOU IN RESPECT OF THE TRANSACTION THAT IS THE SUBJECT OF THE CLAIM.

d. YOU UNDERSTAND AND AGREE THAT ANY ALERTS OR REMINDERS PROVIDED TO YOU THROUGH THE pbSmart Codes WEBSITE OR THE SERVICES MAY BE DELAYED OR PREVENTED BY A VARIETY OF FACTORS. WE USE GOOD FAITH, COMMERCIALLY REASONABLE PRACTICES TO PROVIDE ALERTS AND REMINDERS IN A TIMELY MANNER WITH ACCURATE INFORMATION, BUT WE CANNOT GUARANTEE THE DELIVERY OR ACCURACY OF THE CONTENT OF ANY ALERT OR REMINDER. IN NO EVENT WILL PITNEY BOWES OR OUR AFFILIATES OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY (I) DELAYS, FAILURE TO DELIVER, OR MISDIRECTED DELIVERY OF ANY ALERT OR REMINDER; (II) ERRORS IN THE CONTENT OF AN ALERT OR REMINDER; OR (III) ACTIONS TAKEN OR NOT TAKEN BY YOU OR ANY THIRD PARTY IN RELIANCE ON AN ALERT OR REMINDER OR THE FAILURE TO RECEIVE AN ALERT OR REMINDER IN A TIMELY FASHION.

16. Notices.

Except as explicitly stated otherwise, any notice to Pitney Bowes shall be given by email to support@pbSmartCodes.com with a registered mail copy to Pitney Bowes Inc., One Elmcroft Road, Stamford CT 06926-0700, ATTN: Chief Counsel, Pitney Bowes Communications Solutions, or in the case of notice to you, to the email address you provide during the registration process for the pbSmart Codes Website or the last email address you provided Pitney Bowes with respect to your pbSmart Codes Account. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid.

17. U.S. Government Users.

The pbSmart Codes Website and the Services are "Commercial Items" as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the pbSmart Codes Website and the Services are being licensed to U.S. Government users (a) only as a Commercial Item and (b) with only those rights as are granted to all other users pursuant to the terms and conditions herein.

18. Miscellaneous.

The validity and interpretation of these Terms of Use and the legal relations of the parties to it shall be governed by the laws of the State of Connecticut, without regard to its conflict of laws principles. In the event of a dispute, the parties hereto agree to consent to the exclusive jurisdiction of the state and federal courts of the State of Connecticut. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated terms and conditions may be assigned by Pitney Bowes in our sole discretion with or without notice to you. You may not assign any of your rights under these Terms of Use to any other person without our prior written consent, which will not unreasonably be withheld. Any attempt by you to assign these rights without our prior consent is void. You may not transfer to any third party any rights you may have to access the pbSmart Codes Website or use the Services. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Certain of your obligations that by their nature extend beyond the term of these Terms of Use, including your limitation of our liability and indemnification obligations, will survive the termination or expiration of these Terms of Use. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

pbSmart^TM Codes MAIL TERMS OF SERVICE

As a pbSmart Codes account holder, you will automatically receive product-related information, periodic announcements and account notifications from pbSmart Codes. You can choose to remove yourself from these communications at any time by clicking on the "Remove" link in the footer of the actual email.

pbSmart™ Connections TERMS AND CONDITIONS

TERMS OF USE

THE FOLLOWING TERMS (THIS "AGREEMENT") DESCRIBE THE CONDITIONS PURSUANT TO WHICH PITNEY BOWES INC. ("WE", "US" OR "PITNEY BOWES") OFFERS YOU (A "USER") ACCESS TO THE SERVICES (THE "SERVICES") ON THIS WEBSITE (THIS "SITE"). BY CLICKING THE "I AGREE" BUTTON BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN, AS AMENDED FROM TIME TO TIME BY PITNEY BOWES IN ITS SOLE DISCRETION. IF YOU ARE USING THIS SITE, ACCESSING THE SERVICE AND/OR ENTERING INTO THIS AGREEMENT ON BEHALF OF A CORPORATE OR OTHER BUSINESS ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL POWER AND AUTHORITY TO ACT ON BEHALF OF SUCH ENTITY AND TO BIND IT TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SITE OR THE SERVICES.

Terms of Use; Acceptance of Contract Terms.

The following are terms of an agreement between you and Pitney Bowes. By accessing, browsing or using pbSmartConnections.com, any related blog, and/or your extranet site (collectively, the "Site") or by logging in to your pbSmart^TM Connections account or accessing the Services via any API interface, you acknowledge that you have read, understood and agree to be bound by these terms and the terms of our privacy policy located at https://www.pb.com/legal/privacy-statement.shtml. If you do not agree to these terms and/or to the terms of the privacy policy, please do not use the Site or the Services. Users should check these terms of use and the privacy policy periodically. By posting updated versions of the terms of use and/or the privacy policy on the Site, or otherwise providing notice to you, Pitney Bowes may modify the terms of use for the Site, the privacy policy or any Services in its sole discretion. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of any such revisions on the Site or upon your receipt of notice from Pitney Bowes, as the case may be. By accessing, browsing or using the Site or Services after these terms of use and/or the privacy policy are revised, you expressly agree to accept those revisions.

User Requirements

a. You agree to provide the Site with accurate information in connection with the purchase of any Service(s) obtained via the Site and in connection with the creation of your account therefor. You further agree to maintain and update such User and/or account information as necessary. You are responsible for maintaining the security of your account, passwords, and files.

b. Users must be at least eighteen (18) years of age. By using the Site and/or the Services, you represent and warrant that you are not less than eighteen (18) years of age and that your use of the Site and/or Services does not violate any applicable law or regulation. Pitney Bowes may terminate its Agreement with you without warning if we have reason to believe you are less than eighteen (18) years of age.

c. Pitney Bowes will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information to Pitney Bowes. Pitney Bowes shall not be responsible or liable for the actions of any individuals who misuse or misappropriate your contact lists or other assets using

your username and password or other appropriate account identifying information.

Acceptable Use

a. With regard to the content of any communications you make through this Site or in connection with the Services, you agree to remain solely responsible, and agree to not submit or otherwise communicate materials that are unlawful, defamatory, abusive, harassing or obscene. You also agree that you will not communicate anything to this Site or in connection with the Services that violates any right of a third party, including copyright, trademark, privacy or other personal or proprietary rights.

b. You agree that you will not use the Services for the sending of unsolicited email, and will comply in all respects to the legal requirements of the CAN SPAM Act of 2003 and all applicable regulations.

c. Every email message you send in connection with the Services shall contain a prominent "unsubscribe" link that allows the recipient to permanently remove themselves from your mailing list and prevent further communications from you. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to Pitney Bowes. You will not remove, disable or attempt to remove or disable any such links. You shall monitor and process unsubscribe requests received by you directly within ten (10) days of submission, and update the email addresses to which messages are sent through your Pitney Bowes account. Under the CAN SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this Agreement.

d. You agree that the "from" line of any email message sent by you using the Services will accurately and in a non-deceptive manner identify your organization, your product or your service.

e. You agree that the "subject" line of any email message sent by you using the Services will not contain information that would be likely to mislead a recipient, acting reasonably under the circumstances, about a material fact regarding the contents or subject matter of the message.

f. You agree to include your valid physical address according to the United States Postal Service in any email message you send using the Services.

Prohibited Content and Activities.

Pitney Bowes prohibits the use of the Site and the Services by any person or entity that:

Provides, sells or offers to sell illegal goods or services;
Provides, sells or offers to sell pornography, sexually explicit material or adult sexual novelty items;
Posts or discloses any personally identifying information or private information about children without their consent (or their parents' consent in the case of a minor);
Provides escort or dating services;
Provides, sells or offers to sell pharmaceutical, homeopathic, or "natural" health products, and/or nutritional, herbal or vitamin supplements;
Provides online trading, day trading tips, or stock market related content;
Provides or promotes gambling products or services;
Provides or promotes multi-level and/or affiliate marketing programs or schemes; or
Provides or promotes credit repair, get-out-of-debt information or programs, mortgages and/or loans, or real estate prospecting or listing.
You hereby agree that you will not use the Site or Services in connection with, or in furtherance of, any of the above-referenced content or activities.

Non-U.S. Users and Customers.

a. You represent and warrant that with respect to your customers and potential customers who reside outside the United States, in compiling and maintaining your email distribution list, composing and sending email communications via the Services, maintaining applicable links, and collecting information as a result of individuals visiting your website or otherwise, you have complied, and will comply, with all data protection, privacy and electronic communications laws and regulations applicable to the countries into which you are sending any form of email communication via the Services, including without limitation, with respect to Canada, the Fighting Internet and Wireless Spam Act (FISA), with respect to the United Kingdom, the Data Protection Act, and with respect to the European Union, the national laws of the respective member states of the European Union and the regulations relating to the European Union Privacy and Electronic Communications Directive. In this regard, you represent and warrant that you have collected, stored, maintained, used and transferred all data relating to any individual in accordance with all data protection laws and regulations relating to the country in which such individual resides, obtained all necessary consents, and provided all required information in such communications, to enable Pitney Bowes to receive and process that data and forward such communications to that individual on your behalf in compliance with applicable law.

b. In addition, you further agree that in providing services to your customers and potential customers who reside outside the United States you will: (i) comply with all applicable U.S. export control laws and regulations; (ii) ensure that all products, services and technologies received hereunder shall only be exported, re-exported, transferred or otherwise provided, directly or indirectly, in accordance with these laws and regulations; and (iii) that you will not export, re-export, transfer or otherwise provide, directly or indirectly, any products, services (including the Services) and technologies described in this Agreement to any destination or to any person if this would be prohibited, in whole or in part, by any U.S. law or regulation or would otherwise be prohibited by any U.S. Government entity or agency.

List Permission Practices.

In connection with the Services, you will access, import or otherwise use only lists for which all listed parties have consented to receive communications from you. You agree that you will not use any purchased or rented lists or any other third party mailing lists in connection with your use of the Services, including without limitation any distribution lists, newsgroups, or publicly available press or media addresses. Without limiting the foregoing, you agree that you will not use the Services to send any email or other electronic communications to any person who has opted out or otherwise objected to receiving such communications from you or another sender on whose behalf you may be acting.

Fees and Payment.

a. For the Services, in the absence of any special offer, discount or promotion to the contrary, you will pay monthly or annual subscription fees, or such other fees agreed upon by Pitney Bowes and you, as evidenced by your selection of options on the Site, and the applicable subscription or other fees shall be determined in accordance with the fee schedule that Pitney Bowes sets forth from time to time in its sole discretion on the Site (the Fee Schedule). Fees will be charged according to the highest number of unique email addresses in your account for which the Services are utilized. You will pay for the Services either (i) monthly in advance, or (ii) by providing Pitney Bowes with your valid credit card and authorization to charge such credit card the fees in accordance with the Fee Schedule on a monthly basis until your account is terminated. Pitney Bowes may, at any time, and from time to time, in its sole discretion, offer discounts or promotions that affect the fees to be paid under any applicable Fee Schedule, and in order to qualify for such discounts or promotions Users may have to comply with separate terms and conditions.

b. Charges will be made to your credit card on the date you first open your account, and for each subsequent month on the same day of the month that you first opened your account. Any individual using a credit card represents and warrants that he or she is authorized to use such credit card and that any and all charges may be billed to such credit card and will not be rejected. In the event that the credit card used for payment expires, you will immediately provide Pitney Bowes with the relevant credit card information for any successor credit card or a different valid credit card.

c. If you utilize the Services for any part of a month, payment is due for the full month. For any month for which you have already paid, during which you increase your number of unique email addresses to an amount that causes you to go to another pricing level in the Fee Schedule, you will be required to (i) pay fees in a prorated amount at the higher level rate on or before the date due for payment for the following month, and (ii) pay fees for the next subsequent month at the new higher pricing level. For any month for which you have already paid, during which you decrease your number of unique email addresses to an amount that causes you to go to a lower pricing level in the Fee Schedule, Pitney Bowes will have no responsibility to, and will not, refund and/or reimburse you in any manner for such decreased Services in that month; however, Pitney Bowes will appropriately charge you at the applicable lower pricing level on the next subsequent due date.

d. If Pitney Bowes is for any reason unable to effect automatic payment via your credit card, we will attempt to notify you via email and the Services provided to you will be disabled until payment is received. Amounts paid for the Services, including prepayments, are not refundable. Pitney Bowes is required to collect and remit sales tax from its customers located in state and local jurisdictions where software delivered as a service is taxable and where Pitney Bowes is deemed to have a tax nexus.

e. You are responsible for reviewing the Fee Schedule from time to time. The Fee Schedule is subject to change at any time in Pitney Bowes sole discretion. Pitney Bowes will use good faith efforts to notify you prior to the effectiveness of any changes to the Fee Schedule.

Termination, Disabling Access and Removing Content, and Data Retention.

a. Either party may terminate this Agreement at any time for any reason by providing notice to the other party. In the event that Pitney Bowes terminates this Agreement without cause, we will refund a pro rata portion of your monthly or annual subscription fee. Pitney Bowes will have no responsibility to, and will not, refund and/or reimburse you in any manner if it terminates this Agreement due to your violation of one or more terms of this Agreement or if you terminate this Agreement. Once terminated, we may remove any of your electronic communications and related data and files from our Site and any other storage.

b. Pitney Bowes, at its own discretion, may immediately block any email communications, disable your access to the Services or remove all or a portion of your content, without refund, if Pitney Bowes believes in its sole discretion that you have violated any applicable laws, the Acceptable Use provision, the Prohibited Content and Activities provision, the List Permission Practices provision, the Fees and Payment provision, or any other provision of this Agreement.

c. Pitney Bowes may delete any of your archived data within thirty (30) days after the date of termination. If your account is classified by Pitney Bowes, in its sole discretion, as inactive for more than one hundred eighty (180) days, Pitney Bowes will have the right to permanently delete your subscriber data.

Hosted Items.

Documents and images hosted by Pitney Bowes on Pitney Bowes controlled servers may only be used in connection with the Services. To the extent you use images provided by Pitney Bowes, Pitney Bowes hereby grants you a limited, non-exclusive, non-transferable right to use the images in an unaltered state solely in connection with your use of the Services. You will not copy a Pitney Bowes template or any other features or functionality from the Services and use such for any purpose other than sending email messages from the Services.

Remote Access and Third Party Providers.

a. You hereby authorize and grant Pitney Bowes the right and ability to remotely access your computers and other systems in connection with the use of the Services. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by Pitney Bowes or its personnel.

b. If you are accessing or using a Service through a third party service or web site (a "Third Party Service"), you agree and acknowledge that Pitney Bowes is not responsible or liable for any actions of such third party or for any aspect or result of such Third Party Service. You use such Third Party Service at your own risk. You further agree and acknowledge that Pitney Bowes may terminate such Third Party Service's ability to interact with the Site or Service(s) at any time, with or without notice, and in Pitney Bowes sole discretion, with no liability to you or to the Third Party Service.

Acknowledgment

For every email message sent in connection with the Services, you acknowledge and agree that Pitney Bowes may add an identifying notation stating "Email Marketing by Pitney Bowes," "Powered by Pitney Bowes," "Powered by pbSmart^TM Connections" or a similar message.

Software

This is an Agreement for access to Site and use of the Services, and you are not granted any right or license in or to any Pitney Bowes software. You are prohibited from using, reproducing, copying, in whole or in part, distributing, decompiling, decrypting, reverse engineering, disassembling, displaying, downloading, storing, transmitting, distributing, selling or otherwise commercially exploiting any part of Pitney Bowes software.

Indemnification

You agree to indemnify and hold harmless Pitney Bowes, its subsidiaries and affiliates, and their respective officers, employees and agents, from any and all third party claims or demands, including reasonable attorney's fees, arising out of your use of the Site and/or Services, your breach of the Agreement, your violation of any applicable law or regulation, and/or your infringement of any intellectual property right(s).

Disclaimer and Limitation of Liability.

a. EACH OF THIS SITE AND THE SERVICES ARE BEING PROVIDED "AS IS", WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PITNEY BOWES, OUR SUBSIDIARIES, AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS SPECIFICALLY DISCLAIMS ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OR TRADE.

b. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SERVICES, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. IN NO EVENT SHALL PITNEY BOWES, OUR AFFILIATES OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS EMPLOYEES AND SUPPLIERS BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE SERVICES OR THE SITE, TELECOMMUNICATIONS SYSTEMS OR THE INTERNET, TECHNICAL MALFUNCTION, COMPUTER ERROR, OR OTHER CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND THAT IS BEYOND OUR CONTROL.

c. IN NO EVENT SHALL PITNEY BOWES OR OUR AFFILIATES OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, THE SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PITNEY BOWES MAXIMUM LIABILITY HEREUNDER SHALL BE FOR DIRECT, PROVABLE DAMAGES IN AN AMOUNT NOT GREATER THAN THE FEES ACTUALLY PAID BY YOU IN RESPECT OF THE TRANSACTION THAT IS THE SUBJECT OF THE CLAIM.

Trademarks and Copyrights

The trademarks, service marks, logos and trade dress of Pitney Bowes used on the Site are the intellectual property of Pitney Bowes and its affiliates and subsidiaries in the United States and throughout the world (collectively "Marks"). All third party trademarks on the Site are the property of their respective owners and are used under applicable law or with the owners' permission. Except as provided by applicable law, the Marks may not be used and/or reproduced without the written permission of Pitney Bowes. Those uses that are authorized must comply with Pitney Bowes' trademark usage guidelines (provided when necessary upon request). The images, text, organization and layout (collectively "Materials") of the Site are the exclusive property of Pitney Bowes Inc. and are copyrighted and protected by worldwide copyright laws and treaty provisions. Subject to fair use exceptions, Pitney Bowes does not authorize any downloading, distribution or republication of any Materials on the Site, without prior written permission. Any third party copyrighted material appearing on the Site is used under applicable law or with the owner's permission. Pitney Bowes will enforce its intellectual property rights to the fullest extent permitted under the law.

Notices

Except as explicitly stated otherwise, any notice to Pitney Bowes shall be given by email to support@pbsmartconnections.com with a registered mail copy to Pitney Bowes Inc., One Elmcroft Road, Stamford CT 06926-0700, ATTN: Deputy General Counsel, or in the case of notice to you, to the email address you provide during the registration process for the Services or the last email address you provided Pitney Bowes. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid.

Miscellaneous

The validity and interpretation of this Agreement and the legal relations of the parties to it shall be governed by the laws of the State of Connecticut, without regard to its conflict of laws principles. In the event of a dispute, the parties hereto agree to consent to the exclusive jurisdiction of the state and federal courts of the State of Connecticut. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated terms and conditions may be assigned by Pitney Bowes in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This OF THE TRANSACTION THAT IS THE SUBJECT OF THE CLAIM.

17. Beta Trial Period Warranty and Support.

Because the process for preparing the product for general marketing and sale is not complete, the pbSmart Connections Website and the Services are not covered by warranty. We will, however, make reasonable efforts to keep the pbSmart Connections Website and the Services in service during the Beta Trial Period. We will be responsible for the evaluation and maintenance of the pbSmart Connections Website and the Services during the Beta Trial Period, and you will be provided with a service support number to call should you have any questions or if problems arise.

18. Beta Trial Period Confidentiality.

You agree that during the Beta Trial Period, (i) access to the pbSmart Codes Website and the Services are being provided to you on a confidential basis, (ii) that information related to the pbSmart Connections Website and the Services are confidential, and (iii) that you will refrain from discussing the pbSmart Connections Website and the Services with, or showing them to, third parties outside your company (other than providing Feedback to Pitney Bowes), or letting the public have access to the pbSmart Connections Website or the Services, unless requested to do so by Pitney Bowes. During the Beta Trial Period, Pitney Bowes may request that you provide testimonial responses to your experiences with the pbSmart Connections Website and the Services. If you provide us with such testimonial responses, we will have the right to market and otherwise distribute and/or display the testimonial responses, and use you or your business's name, logos and trademarks in press releases, web content and other marketing materials.

19. Notices

19. Except as explicitly stated otherwise, any notice to Pitney Bowes shall be given by email to support@pbSmartConnections.com with a registered mail copy to Pitney Bowes Inc., One Elmcroft Road, Stamford CT 06926-0700, ATTN: Chief Counsel, Pitney Bowes Communications Solutions, or in the case of notice to you, to the email address you provide during the registration process for the pbSmart Connections Website or the last email address you provided Pitney Bowes with respect to your pbSmart Connections Account. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid.

20. U.S. Government Users.

The pbSmart Connections Website and the Services are "Commercial Items" as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the pbSmart Connections Website and the Services are being licensed to U.S. Government users (a) only as a Commercial Item and (b) with only those rights as are granted to all other users pursuant to the terms and conditions herein.

21. Miscellaneous.

The validity and interpretation of these Terms of Use and the legal relations of the parties to it shall be governed by the laws of the State of Connecticut, without regard to its conflict of laws principles. In the event of a dispute, the parties hereto agree to consent to the exclusive jurisdiction of the state and federal courts of the State of Connecticut. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated terms and conditions may be assigned by Pitney Bowes in our sole discretion with or without notice to you. You may not assign any of your rights under these Terms of Use to any other person without our prior written consent, which will not unreasonably be withheld. Any attempt by you to assign these rights without our prior consent is void. You may not transfer to any third party any rights you may have to access the pbSmart Connections Website or use the Services. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Certain of your obligations that by their nature extend beyond the term of these Terms of Use, including your limitation of our liability and indemnification obligations, will survive the termination or expiration of these Terms of Use. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

pbSmart^TM Connections MAIL TERMS OF SERVICE

As a pbSmart Connections account holder, you will automatically receive product-related information, periodic announcements and account notifications from pbSmart Connections. You can choose to remove yourself from these communications at any time by clicking on the "Remove" link in the footer of the actual email.

pbSmart^TM Mobile Terms and Conditions

TERMS OF USE

THESE TERMS OF USE ("TERMS OF USE") DESCRIBE THE CONDITIONS SUBJECT TO WHICH PITNEY BOWES INC. ("WE", "US" OR "PITNEY BOWES") OFFERS YOU ("YOU" OR A "USER") ACCESS TO THE PBSMART^TMMOBILE WEBSITE (THE "PBSMARTMOBILE WEBSITE"), AND THE SERVICES AVAILABLE ON THE PBSMARTMOBILE WEBSITE, INCLUDING WITHOUT LIMITATION, MOBILE WEBSITE DEVELOPMENT AND HOSTING SERVICES (THE "SERVICES"). BY CLICKING THE "I AGREE" BUTTON BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN, AS AMENDED FROM TIME TO TIME BY PITNEY BOWES IN ITS SOLE DISCRETION. IF YOU DO NOT AGREE TO BE BOUND BY ANY OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU MAY NOT USE THE PBSMARTMOBILE WEBSITE OR THE SERVICES.

1. Acceptance of Terms of Use.

This agreement constitutes a legally binding agreement between you and Pitney Bowes. By accessing or using the pbSmart Mobile Website or the Services, you acknowledge that you have read, understood and agree to be bound by these Terms of Use and the terms of our privacy statement located at https://www.pb.com/legal/privacy-statement.shtml (the "Privacy Statement"), which is incorporated into these Terms of Use. If you do not agree to these Terms of Use, you may not use the pbSmart Mobile Website or the Services. You should check these Terms of Use and the Privacy Statement periodically. By posting updated versions of these Terms of Use and/or the Privacy Statement on the pbSmart Mobile Website, or otherwise providing notice to you, Pitney Bowes may modify these Terms of Use, the Privacy Statement or any Services in its sole discretion. All changes will become effective upon the posting of revisions on the pbSmart Mobile Website or upon your receipt of notice from Pitney Bowes. By accessing or using the pbSmart Mobile Website or these Services after these Terms of Use and/or the Privacy Statement are revised, you accept those revisions.

2. User Requirements.

a. Users must be at least eighteen (18) years of age. By using the pbSmart Mobile Website and/or the Services, you represent and warrant that you are not less than eighteen (18) years of age and that your use of the pbSmart Mobile Website and/or Services does not violate any applicable law or regulation. We may terminate these Terms of Use with you without warning if we have reason to believe you are less than eighteen (18) years of age.

b. We will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password or provides other appropriate account identifying information to us. Pitney Bowes will not be responsible or liable for the actions of any individuals who misuse your PB Account (as defined below) or other assets using your username and password or other appropriate account identifying information.

c. When you sign up to the pbSmart Mobile Website on behalf of a business with which you are associated, you represent and warrant that you, as the individual who completed the registration and verification processes for such business, (i) have the authority to provide such information, (ii) that the information you have provided to us is true and correct, and (iii) you have full power and authority to act on behalf of that business entity and to bind it to these Terms of Use.

3.Registration and Services Use.

a. Registration. To utilize the pbSmart Mobile Website and the Services, you will be required to set-up an account with us (a "PB Account"). When you create a PB Account, you are required to:

(i) provide accurate, current and complete information about your company, as prompted by the registration form while creating a PB Account and prior to using the pbSmartMobile Website and the Services (the "Registration Information"), and

(ii) maintain and promptly update the Registration Information to keep it accurate, current and complete. If you provide any information we believe to be inaccurate, not current or incomplete, we may suspend or terminate your PB Account and remove your access to the pbSmartMobile Website and/or the Services.

b. Account. You will create a password for your PB Account when completing the registration process and providing the Registration Information. As part of the registration process, you will be asked to select a username and password. We may refuse to grant a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You are responsible for maintaining the confidentiality of your username and password and PB Account and are fully responsible for all activities that occur under your password or PB Account. You agree to notify us immediately of any unauthorized use of your password or PB Account, or if you believe your password has been lost or stolen or subject to any other breach of security.

c. MobiSite Development. Through the pbSmart Mobile Website and the Services, we will provide you with the ability to create your own mobile website (the "MobiSite") through our proprietary developed templates (the "pbSmartMobile Templates"). You will provide us with certain relevant content, whether in digital, pictorial, audio, video or other format (the "Customer Content") for us to upload to the MobiSite. You will have sole control over the Customer Content, and we will not supplement, modify or alter any Customer Content, except as directed by you.

d. MobiSite Hosting and Support. We will provide hosting services and support for the MobiSite in accordance with these Terms of Use ("Hosting"). Hosting will meet reasonable commercial standards for, among other things, packet loss, accessibility, latency, availability, and throughput. We will use commercially reasonable efforts to minimize downtime of the MobiSite and our servers on which the MobiSite is hosted, for maintenance, updates and revisions to the pbSmart Mobile Website and other software, hardware and equipment associated therewith. Except as expressly set forth in these Terms of use, we make no representation, warranty, guaranty or other assurances regarding up-time of the MobiSite or the availability or accessibility of the MobiSite. We will maintain a complete and current copy of the MobiSite on a server located at a remote location. In the event that service is interrupted to the MobiSite, the remote server will be activated so that access to the MobiSite continues without interruption. You will provide us with such cooperation as we reasonably request with respect to our obligations under these Terms of Use.

e. Professional Services. If you choose to employ our professional services to create the MobiSite for you (the "Professional Services"), and you pay the appropriate fee as set forth in Section 5 below, we will provide the design, programming and other consulting services as specified in a statement of work or other work schedule that we provide you. We will perform the Professional Services in accordance with any delivery schedule included in the applicable statement of work.

f. Analytics. We may analyze on your behalf, or offer you the ability to analyze, certain data with respect to the MobiSite, for example, the number of visitors, the number of page views, the duration of page views, the number of views that translate into purchases of your products or services, or the use of promotions offered ("Analytics").

g. Domain Name. Pitney Bowes will be responsible for choosing, obtaining and paying for the domain name under which you will receive a subdomain name for use with the MobiSite. We will provide you with assistance in obtaining the applicable subdomain name. We will own all right, title and interest in and to the domain name and all intellectual property rights related thereto.

4. Use of Wireless Devices.

You acknowledge and agree that SMS, WAP and mobile services are provided via wireless systems which use radios (and other means) to transmit communications over complex networks. We do not guarantee that your use, or any of your customers' use, of the MobiSite will be private or secure, and we are not liable to you for any lack of privacy or security you or your customers may experience. Separate charges for mobile services from mobile carriers may apply to individuals' use of the MobiSite, and we are not responsible or liable for any such charges.

5. Fees and Payment.

a. Subscription Fees. For the Services, in the absence of any special offer, discount or promotion to the contrary, you will pay monthly or annual subscription fees, or such other fees agreed upon by Pitney Bowes and you, as evidenced by your selection of options during registration on the pbSmart Mobile Website ("Subscription Fees"), and the applicable Subscription Fees or other fees shall be determined in accordance with the fee schedule that Pitney Bowes sets forth from time to time in its sole discretion on the pbSmart Mobile Website (the "Fee Schedule"). If you have an annual subscription for access to the pbSmart Mobile Website and the Services, that subscription will automatically renew at the end of the initial period, and each subsequent period, for another one year period, and you will be charged in accordance with this Section, unless you notify Pitney Bowes of your intention not to renew the subscription at least sixty (60) days prior to the expiration of the then-current subscription term. We will notify you of the upcoming renewal prior to the sixty (60) day notice period.

b. Professional Service Fees. In addition to the subscription fees described in subsection (a) above, and in accordance with your applicable Fee Schedule, if you elect to use Professional Services in the creation of the MobiSite then you will be responsible for paying a charge (the "Professional Services Fee") at the rate set forth in your applicable Fee Schedule.

c. Payment. You will pay any monthly or annual Subscription Fees in advance until your account is terminated, by providing Pitney Bowes with your valid credit card and authorization to charge such credit card the fees, or your Purchase Power Account (as defined below) if you have one, in accordance with the Fee Schedule. You will pay any monthly or annual Subscription Fees on the date you first opened your account for the initial period, and on the anniversary of that first payment date for each subsequent annual period and on the same day of the month for each subsequent monthly period during which you are receiving Services. You will pay any Professional Services Fees upon your election of any such Professional Services. Pitney Bowes may, at any time, and from time to time, in its sole discretion, offer discounts or promotions that affect the fees to be paid under any applicable Fee Schedule, and in order to qualify for such discounts or promotions, Users may have to comply with separate terms and conditions.

d. Purchase Power® Account. You may participate in Pitney Bowes' Purchase Power® program, by providing the requisite information and thereafter ordering meter refills, office supplies, or other services, including the pbSmartMobile Services, through the Purchase Power® program (your "Purchase Power® Account"). When you or an employee or agent of yours with express, implied, or apparent authority to do so places such an order under your Purchase Power® Account "on line", by telephone or otherwise, your Purchase Power® Account will be charged for the amount of postage, products, and services requested and the related fees, if applicable.

e. Reimbursement. If you utilize the Services for any part of your subscription period, payment is due for the full subscription period, and Pitney Bowes will not reimburse you in the event that you cancel or otherwise terminate these Terms of Use during the subscription period. Any prepayment of your Subscription Fees or your Professional Services Fees (if applicable) will be non-refundable, and Pitney Bowes will not reimburse you in the event that you cancel or otherwise terminate these Terms of Use.

f. Changing Pricing Levels. For any month for which you have already paid during which you increase the number of pages for your MobiSite or the amount of bandwidth your MobiSite uses to an amount that causes you to go to another pricing level in the Fee Schedule, you will be required to (i) pay fees in a prorated amount at the higher level rate on or before the date due for payment for the following month, and (ii) pay fees for the next subsequent month at the new higher pricing level. For any month for which you have already paid during which you decrease your number of active mobile web pages or bandwidth to an amount that causes you to go to a lower pricing level in the Fee Schedule, Pitney Bowes will have no responsibility to, and will not, refund and/or reimburse you in any manner for such decreased Services in that month; however, Pitney Bowes will appropriately charge you at the applicable lower pricing level on the next subsequent due date.

g. Non-Payment; Sales Tax. If Pitney Bowes is for any reason unable to effect automatic payment via your credit card, we will attempt to notify you via email and the Services provided to you will be disabled until payment is received. Amounts paid for the Services, including prepayments, are not refundable. Pitney Bowes is required to collect and remit sales tax from its customers located in jurisdictions where software delivered as a service is taxable and where Pitney Bowes is deemed to have a tax nexus.

h. Changes to Fee Schedule. You are responsible for reviewing the Fee Schedule from time to time. The Fee Schedule is subject to change at any time in Pitney Bowes' sole discretion. Pitney Bowes will use good faith efforts to notify you prior to the effectiveness of any changes to the Fee Schedule.

6. Acceptable Use.

a. With regard to the Customer Content, you agree to remain solely responsible, and agree to not submit or otherwise communicate materials that are unlawful, defamatory, abusive, harassing or obscene, or that will result in consumer fraud, product liability, tort, breach of contract, injury, damage or harm of any kind to any person or entity. You also agree that you will not communicate anything to the pbSmart Mobile Website or in connection with the Services, or place anything on any website linked to the Customer Content, that violates any right of a third party, including copyright, trademark, privacy or other personal or proprietary right.

b. You will not post, disclose or otherwise make available, personally identifiable information of a third party in any information you provide in connection with Customer Content or elsewhere in connection with the pbSmart Mobile Website, the MobiSite or the Services, unless you have permission to do so.

c. You agree that you will not use the pbSmart Mobile Website, the MobiSite or the Services for the sending of unsolicited email, and you will comply in all respects to the legal requirements of the CAN SPAM Act of 2003 and all applicable regulations.

7. Prohibited Content and Activities.

a. Pitney Bowes prohibits the use of the pbSmart Mobile Website or the Services by any person or entity for the development of a MobiSite that is engaged in:

(i) providing, selling or offering to sell illegal goods or services;

(ii) providing, selling or offering to sell pornography, sexually explicit material or adult sexual novelty items;

(iii) posting or disclosing any personally identifying information or private information about children without their consent (or their parents' consent in the case of a minor);

(iv) providing escort or dating services;

(v) providing, selling or offering to sell pharmaceutical, homeopathic, or "natural" health products, and/or nutritional, herbal or vitamin supplements;

(vi) providing online trading, day trading tips, or stock market related content;

(vii) providing or promoting gambling products or services;

(viii) providing or promoting multi-level and/or affiliate marketing programs or schemes; or

(ix) providing or promoting credit repair, get-out-of-debt information or programs, mortgages and/or loans, or real estate prospecting or listing.

You agree that you will not use the pbSmart Mobile Website or the Services to create a MobiSite in connection with any of the above-referenced content or activities.

b. You further represent, warrant and agree that, while using the pbSmart Mobile Website and/or the Services, you will not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding, or other promotional content into the pbSmart Mobile Website or the Services, or use, redistribute, reuse, republish, repurpose, or otherwise exploit such content or service for any purpose or reason, including without limitation, further commercial or promotional purposes; or (c) attempt to gain unauthorized access to other computer systems through the pbSmart Mobile Website or the Services.

c. You represent, warrant and agree that you will not:

(ii) obtain or attempt to obtain unauthorized access to computer systems, materials, or information through any means;

(vi) transmit, or otherwise introduce, any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of the pbSmart Codes Website or the Services.

d. You represent and warrant that you have all licenses necessary to sell, distribute and advertise the goods and services you offer in connection with the pbSmart Mobile Website or the Services.

8. Termination, Disabling Access and Removing Content.

a. Pitney Bowes may terminate these Terms of Use at any time for any reason. In addition, you agree that Pitney Bowes, in its sole discretion, may terminate your PB Account, use of the Services, including without limitation Hosting services, passwords or other access information, for any reason, including, without limitation, if we believe you have violated any applicable laws, regulations, or the Acceptable Use provision, the Prohibited Conduct and Activities provision, the Fees and Payment provision, or any other provision of these Terms of Use. Pitney Bowes may also, in its sole discretion, and at any time, suspend or discontinue providing the Services or access to the pbSmart Mobile Website, or any part thereof. In the event that Pitney Bowes terminates these Terms of Use, or terminates or suspends your PB Account or your access to the Services without cause, we will refund appropriate amounts on a pro rata basis, based upon the services you have ordered, and the manner in which you have paid, whether by subscription, or otherwise. Pitney Bowes will have no responsibility to, and will not, refund and/or reimburse you in any manner if it terminates these Terms of Use due to your violation of one or more terms of these Terms of Use or if you terminate these Terms of Use. In no event will Pitney Bowes refund Professional Services Fees. Once terminated, we may remove any of your PB Account Information, electronic communications and related data and files from the pbSmart Mobile Website and any other storage.

b. If you have an annual subscription for access to the pbSmart Mobile Website and the Services, that subscription will automatically renew at the end of the initial period, and each subsequent period, for another one year period unless you notify Pitney Bowes of your intention not to renew the subscription at least sixty (60) days prior to the expiration of the then-current subscription term. We will notify you of the upcoming renewal prior to the sixty (60) day notice period.

c. Except as set forth above, you may cancel the Services at any time and have your information deleted from our records. To cancel the Services, log in to your account and fill in a cancellation form.

d. You agree that any termination or suspension of your access to your PB Account, the pbSmart Mobile Website, the MobiSite or the Services under any provision of these Terms of Use may be effected without prior notice.

e. Pitney Bowes reserves the right to intercept, block, restrict or suspend access to and remove content from the pbSmart Mobile Website, the MobiSite and/or your PB Account to prevent harm to the pbSmart Mobile Website, the Services, Pitney Bowes or any other user's PB Account or if it believes that you have violated any laws, regulations or terms and conditions of these Terms of Use, without prior notice and in Pitney Bowes' sole discretion.

f. If we have terminated these Terms of Use or your PB Account, or disabled your access to the pbSmart Mobile Website, the MobiSite or the Services, for cause, you may not further utilize a PB Account, the pbSmart Mobile Website, the MobiSite or any Services, for any reason or in any manner. Once your use or access to your PB Account, the pbSmart Mobile Website, the MobiSite or the Services has been terminated or disabled, you may not thereafter use a PB Account, the pbSmart Mobile Website, a MobiSite or the Services under a new username or identity. In the event that you do return, or attempt to return, to a PB Account, the pbSmart Mobile Website, a MobiSite or the Services after your use or access has been terminated or disabled, you will be deemed to have breached these Terms of Use, and we reserve the right to obtain reimbursement from you for any costs and expenses incurred to enforce the terms and conditions of these Terms of Use and otherwise to pursue all rights and remedies available at law or in equity with respect to such breach.

9.Updates, Maintenance and Support.

We may from time to time make available updates, upgrades, enhancements, bug-fixes or other modifications to the pbSmart Mobile Website or the Services (collectively, "Modifications"). Such Modifications shall be considered a part of the pbSmart Mobile Website or the Services and subject to these Terms of Use, unless such Modifications are accompanied by a separate license in which case the terms of that license will govern. Notwithstanding anything else contained in these Terms of Use, we will have no obligation to continue producing or releasing new versions of the pbSmart Mobile Website or the Services or any Modifications thereto. We are solely responsible for providing any maintenance and support services with respect to the pbSmart Mobile Website or the Services, as specified in these Terms of Use or required by applicable law. Any User questions, complaints or claims with respect to the pbSmart Mobile Website or the Services should be directed to support@pbsmartmobile.com.

10. Proprietary Rights.

a. This Agreement is for access to the pbSmart Mobile Website and use of the Services, and you are not granted any right or license in or to any Pitney Bowes intellectual property, including without limitation, any software. You are prohibited from using, reproducing, copying, in whole or in part, distributing, decompiling, decrypting, reverse engineering, disassembling, displaying, downloading, storing, transmitting, distributing, selling or otherwise commercially exploiting any part of the pbSmart Mobile Website, the Services or any Pitney Bowes or Pitney Bowes licensor's software.

b. As between you and us, we or our licensors, as applicable, own, solely and exclusively, all rights, title and interest in and to the pbSmart Mobile Website, the Services, software utilized in furtherance of the pbSmart Mobile Website or the Services, any code, data and materials incorporated therein, the look and feel, design and organization of the pbSmart Mobile Website and the Services, all the content other than User Content, and the compilation of the content, code, data, and materials on the pbSmart Mobile Website and the Services, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Services does not grant to you ownership of any content, code, data, or materials you may access on or through the Services.

c. You may access and view the content on the pbSmart Mobile Website or the Services on your computer or other device, and make single copies or prints of the content on the pbSmart Mobile Website or the Services at your own risk and for your use, provided that you keep intact all copyright and other proprietary notices contained therein and use the same in accordance with all restrictions applicable to your use of the Services in general.

d. As between you and Pitney Bowes, any Customer Content given to us by you, and any content you provide in the creation of the MobiSite, will at all times remain your property, or the property of your licensors. We will have no rights in Customer Content or the look and feel of the MobiSite other than the limited right to use such content for the purposes expressly set forth in these Terms of Use.

11. Trademarks, Copyrights and Copies.

a. The trademarks, service marks, logos and trade dress of Pitney Bowes used on the pbSmart Mobile Website are the intellectual property of Pitney Bowes and/or its affiliates and subsidiaries in the United States and throughout the world (collectively "Marks"). All third party trademarks on the pbSmart Mobile Website are the property of their respective owners and are used under applicable law or with the owners' permission. Except as provided by applicable law, the Marks may not be used and/or reproduced without the written permission of Pitney Bowes. Those uses that are authorized must comply with Pitney Bowes' trademark usage guidelines (provided when necessary upon request). The images, text, organization and layout (collectively "Materials") of the pbSmart Mobile Website, and the pbSmart Codes Templates, including any images and text contained therein and in any Customer Materials produced in connection with the pbSmart Codes Templates, are the exclusive property of Pitney Bowes Inc. or its licensors, and are copyrighted and protected by worldwide copyright laws and treaty provisions. Subject to fair use exceptions, Pitney Bowes does not authorize any downloading, distribution or republication of any Materials on or from the pbSmart Mobile Website, without prior written permission. Pitney Bowes will enforce its intellectual property rights to the fullest extent permitted under the law.

b. Because any republication or other copying of the Customer Materials could violate Pitney Bowes' or its licensors' rights as described above with respect to ownership of intellectual property contained in the pbSmart Mobile Templates and in Customer Materials, you are expressly prohibited from republishing or otherwise copying the Customer Materials and/or distributing them to third parties. Any such republication or copying shall be a violation of these Terms of Use, and may subject you to damages for violation of intellectual property rights and the obligation to indemnify us for any losses to us caused, in whole or in part, by your violation of this section.

c. The trademarks, service marks, logos and trade dress of your company used on the MobiSite are your intellectual property and/or your affiliates and subsidiaries in the United States and throughout the world (collectively "User Marks"). Title to and ownership of User Marks will remain with the owner. We will use the User Marks exactly in the form provided and in conformance with any trademark usage policies. We will not form any combination marks with the User Marks. We will not take any action inconsistent with your ownership of the User Marks and any benefits accruing from use of the User Marks shall automatically vest in the owner.

12. Third Party Content, Sites and Products/Services.

a. The pbSmart Mobile Website will provide links to other web sites belonging to our advertisers and other third parties ("Third Party Sites"). Pitney Bowes does not endorse, warrant or guarantee the products or services available through Third Party Sites, whether or not sponsored, and Pitney Bowes is not an agent or broker or otherwise responsible for the activities or policies of Third Party Sites. Pitney Bowes does not guarantee that offers from any particular third party are actually the terms that may be offered to you if you pursue the offer, or that they are the best terms available. You are solely responsible for any and all consequences of any such activities, transactions, and relationships that you may conduct or form with or through any such Third Party Sites. Any purchases that you make from Third Party Sites are made at your own risk. You agree that Pitney Bowes has no responsibility or liability for such purchases and/or transactions.

b. You agree that Third Party Sites are not under our control, and links to other websites are provided solely for your convenience. You further agree that when you leave the pbSmart Mobile Website by any means, including when you click on a button or other link that leaves the pbSmart Mobile Website, the website you will land on contains different terms of use and privacy policies that apply.

c. You further agree that Pitney Bowes may terminate any Third Party Site's ability to interact with the pbSmart Mobile Website, the MobiSite or the Services at any time, with or without notice, and in Pitney Bowes' sole discretion, with no liability to you or to any Third Party Site.

a. In accordance with the DMCA, we will assist in providing recourse for you if you are a copyright owner who believes that materials appearing on the pbSmart Mobile Website infringe your copyright. If this is the case, you or your agent may submit a formal Notice of Copyright Infringement containing the following information: (i) identification of what is being infringed, (ii) where the infringements are located, (iii) who is complaining, (iv) how he or she may be contacted, (v) a signed statement of good faith belief that the material is infringing, and (vi) a signed statement made under threat of perjury that the information provided is accurate and the complaint is authorized by the copyright holder.

b. All Notices of Copyright Infringement related to the pbSmart Mobile Website or the Services should be sent only to our Copyright Agent by email, fax or mail at: Kathy Belleau Email: kathy.belleaux@pb.com, Facsimile: (203) 460-5788, or Pitney Bowes Inc., One Elmcroft Road, Stamford, Connecticut 06926.

14. Indemnification.

You agree to indemnify and hold harmless Pitney Bowes, its subsidiaries and affiliates, and their respective officers, employees and agents, from any and all third party claim, demand, action, suit or other proceeding, and from any and all damages, losses, liabilities costs and expenses (including, without limitation, court costs and reasonable fees of attorneys and other professionals), as incurred, arising out of your use of the pbSmart Mobile Website, the MobiSite and/or the Services, your breach of these Terms of Use, your violation of any applicable law or regulation, and/or your infringement of any intellectual property right(s). We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim and to reimburse us for the reasonable costs and expenses thereof.

15. Disclaimer and Limitation of Liability.

a. EACH OF THE PBSMARTMOBILE WEBSITE, THE MOBISITE AND THE SERVICES ARE BEING PROVIDED "AS IS", WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PITNEY BOWES, OUR SUBSIDIARIES, AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS SPECIFICALLY DISCLAIMS ANY IMPLIED REPRESENTATION, WARRANTIES OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY LAW OR THROUGH A COURSE OF DEALING OR USAGE OR TRADE.

b. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE PBSMARTMOBILE WEBSITE,THE MOBISITE OR THE SERVICES, AND OPERATION OF THE PBSMARTMOBILE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. IN NO EVENT SHALL PITNEY BOWES, OUR AFFILIATES OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE SERVICES OR THE PBSMARTMOBILE WEBSITE, THE MOBISITE, TELECOMMUNICATIONS SYSTEMS OR THE INTERNET, TECHNICAL MALFUNCTION, COMPUTER ERROR, OR OTHER CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND THAT IS BEYOND OUR CONTROL.

c. IN NO EVENT SHALL PITNEY BOWES OR OUR AFFILIATES OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS TO THE PBSMARTMOBILE WEBSITE, THE MOBISITE, THE SERVICES, OR IN CONNECTION WITH THESE TERMS OF USE (HOWEVER ARISING, INCLUDING NEGLIGENCE). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PITNEY BOWES' MAXIMUM LIABILITY UNDER THESE TERMS OF USE SHALL BE FOR DIRECT, PROVABLE DAMAGES IN AN AMOUNT NOT GREATER THAN THE FEES ACTUALLY PAID BY YOU IN RESPECT OF THE TRANSACTION THAT IS THE SUBJECT OF THE CLAIM.

16. Notices.

Except as explicitly stated otherwise, any notice to Pitney Bowes shall be given by email to support@pbsmartmobile.com with a registered mail copy to Pitney Bowes Inc., One Elmcroft Road, Stamford CT 06926-0700, ATTN: Chief Counsel, Pitney Bowes Communications Solutions, or in the case of notice to you, to the email address you provide during the registration process for the pbSmart Mobile Website or the last email address you provided Pitney Bowes with respect to your PB Account. Notice shall be deemed given twenty-four (24) hours after email is sent, unless the sending party is notified that the email address is invalid.

17. U.S. Government Users.

The pbSmart Mobile Website and the Services are "Commercial Items" as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the pbSmart Mobile Website and the Services are being licensed to U.S. Government users (a) only as a Commercial Item and (b) with only those rights as are granted to all other users pursuant to the terms and conditions herein.

18. Miscellaneous.

The validity and interpretation of these Terms of Use and the legal relations of the parties to it shall be governed by the laws of the State of Connecticut, without regard to its conflict of laws principles. In the event of a dispute, the parties hereto agree to consent to the exclusive jurisdiction of the state and federal courts of the State of Connecticut. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Use and all incorporated terms and conditions may be assigned by Pitney Bowes in our sole discretion with or without notice to you. You may not assign any of your rights under these Terms of Use to any other person without our prior written consent, which will not unreasonably be withheld. Any attempt by you to assign these rights without our prior consent is void. You may not transfer to any third party any rights you may have to access the pbSmart Mobile Website or use the Services. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Certain of your obligations that by their nature extend beyond the term of these Terms of Use, including your limitation of our liability and indemnification obligations, will survive the termination or expiration of these Terms of Use. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

pbSmart^TM Mobile MAIL TERMS OF SERVICE

As a pbSmart Mobile account holder, you will automatically receive product-related information, periodic announcements and account notifications from pbSmart^TM Mobile. You can choose to remove yourself from these communications at any time by clicking on the "Remove" link in the footer of the actual email.

pbSmartMarketer^TM Terms and Conditions

Terms of use; acceptance of contract terms

The following are terms of an agreement between you and Pitney Bowes Inc. ("Pitney Bowes"). By accessing, browsing or using pb.com, any related blog and/or your extranet site (collectively "Site"), you acknowledge that you have read, understood and agree to be bound by these terms and the terms of our privacy policy. If you do not agree to these terms and/or to the terms of the privacy policy, please do not use the Site. Users should check these terms of use and the privacy policy periodically. By accessing, browsing or using the Site after these terms of use and/or the privacy policy are revised, you agree to accept those revisions.

Users
Users agree to provide the Site with accurate information in connection with the purchase of any product purchased or obtained via the Site and in connection with the "Create a Profile" and to maintain and update such User Information as necessary. With regard to the content of any submissions you make through this Site, you agree to remain solely responsible, and agree to not submit materials that are unlawful, defamatory, abusive or obscene. You also agree that you will not submit anything to this Site that violates any right of a third party, including copyright, trademark, privacy or other personal or proprietary rights.

Product/Service terms of use
Certain Pitney Bowes products and services available through the Site may have their own terms of use. You agree to be bound by the terms of the applicable rental, purchase, and/or lease agreements with PB relating to the rental, purchase and/or lease of any products or services via this Site. You agree that in the event of any conflict between these terms of use and the terms of your rental, purchase and/or lease agreement, the terms of the rental, purchase and/or lease shall control.

The Site
Pitney Bowes reserves the right, in its sole discretion, to modify and/or discontinue any part of the Site or any services or products offered via the Site at any time, with or without notice.

Links to Other Sites
The Site may contain links to other sites hosted and/or maintained by third parties. Pitney Bowes shall not be responsible for the content of any third party sites that may be linked to or from pb.com. These links are provided for your convenience, and you use them at your own risk. A link to a third party site is not an endorsement of any third party site or service. Pitney Bowes does not assume any responsibility or liability for the content or use of any third party site or any third party's products and/or services.

Software
Certain software ("Software") that you may download from the Site document templates, are the copyrighted works of Pitney Bowes. Your use of the Software is governed by the terms of any end user license agreement that accompanies the online download process. You may use the Software only in accordance with the terms of any accompanying license agreement, and you are prohibited from using, reproducing, copying, in whole or in part, distributing, decompiling, decrypting, reverse engineering, disassembling, displaying, downloading, storing, transmitting, distributing, selling or otherwise commercially exploiting any part of the Software. Any third party software you may download via the Site is subject to the terms and conditions of the third party's license agreement with you, if any.

Indemnification
You agree to indemnify and hold harmless Pitney Bowes, its subsidiaries and affiliates, and their respective officers, employees and agents, from any and all third party claims or demands, including reasonable attorney's fees, arising out of your use of the Site, your breach of these terms of service and/or your infringement of any intellectual property right(s).

Disclaimer and Limitation of Liability
Pitney Bowes assumes no liability for any errors or omissions contained on or in the Site. The Site is offered to you on an "As Is" basis without a warranty of any kind, either express or implied, including without limitation, any warranty of merchantability or fitness for a particular purpose. Pitney Bowes disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to any information which is posted to the Site by any 3rd party, including without limitation, information posted on any related blog. PITNEY BOWES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SAVINGS OR LOST POSTAGE, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE EVEN IF PITNEY BOWES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PITNEY BOWES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED ONE DOLLAR ($1.00).

Trademarks and Copyrights
The trademarks and service marks of Pitney Bowes are the intellectual property of Pitney Bowes and its affiliates and subsidiaries in the United States and certain foreign countries (collectively "Marks"). All third party trademarks on the Site are the property of their respective owners and are used with the owners' permission. Except as provided by applicable law, the Marks may not be used and/or reproduced without the written permission of Pitney Bowes. Those uses that are authorized must comply with Pitney Bowes' trademark usage guidelines (provided when necessary upon request). All copyrightable material ("Material") on the Site, including, but not limited to, the arrangement and presentation of materials on the Site, is protected under Copyright law as the exclusive property of Pitney Bowes. The Material may not be used and/or reproduced without the written permission of Pitney Bowes. Any third party copyrighted material appearing on the Site is used with the owner's permission. Pitney Bowes will enforce its intellectual property rights to the fullest extent permitted under the law.

Forward-Looking Statements Disclaimer
This site contains "forward-looking statements" about our expected future business and financial performance. These statements are based on the currently available operating, financial and competitive information as of the date of such statements and Pitney Bowes assumes no obligation to update any forward-looking statements contained on this site as a result of new information or future events or developments. Words such as "estimate," "project," "plan," "believe," "expect," "anticipate," "intend," and similar expressions may identify forward-looking statements. For us forward-looking statements include, but are not limited to, statements about possible restructuring charges and our future guidance. Forward-looking statements involve risks and uncertainties that could cause actual results to differ materially from those projected. These risks and uncertainties include, but are not limited to: negative developments in economic conditions, including adverse impacts on customer demand, timely development and acceptance of new products or gaining product approval; successful entry into new markets; changes in interest rates; and changes in postal regulations. In addition, the forward-looking statements are subject to change based on the timing and specific terms of any announced acquisitions or dispositions. Undue reliance should not be placed on such forward-looking statements, as such statements speak only as of the date on which they are made. Additional information regarding these and other risks is contained in Pitney Bowes' periodic filings with the Securities and Exchange Commission.

Waiver
Pitney Bowes' failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provisions hereunder.

Choice of Law and Jurisdiction
The validity and interpretation of this Agreement and the legal relations of the parties to it shall be governed by the laws of the State of Connecticut, without regard to its conflict of laws principles. In the event of a dispute, the parties hereto agree to consent to the exclusive jurisdiction of the state and federal courts of the State of Connecticut.

pbSmartPostage^TM Mail and Shipping Service, Terms of Use

Account Requirements

When you register for the service, you will create a unique user ID and password. Your subscription is billed based on the nine digit zip code for the address entered during registration. Your postage account is subject to USPS regulation. If you: 1) use your postage account in a fraudulent or unlawful manner, 2) do not use your account during a consecutive twelve (12) month period, 3) fail to exercise sufficient control over your account to prevent fraudulent or unlawful use, 4) take or allow the account to be taken outside the United States without the prior written authorization of the Manager of Retail Systems and Equipment, U.S. Postal Service, Washington DC 20260, or 5) otherwise fail to abide by the provisions of postal regulations and these Terms of Use regarding care and use of your account, then your account may be cancelled. You acknowledge and agree that your account must be surrendered to Pitney Bowes or the USPS upon demand.

You also acknowledge that any use of your account to fraudulently deprive 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 for up to five (5) years and a fine 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 (31 U.S.C. 3802). The mailing of matter bearing a fraudulent imprint is an example of a violation of these statutes.

The USPS has granted Pitney Bowes the license as a PC postage vendor to create a shared postage evidencing system ("pbSmartPostage") that users will use to dispense postage. As a user of pbSmartPostage you must understand and acknowledge that authorization to use the system is granted by the USPS. You accept responsibility for control and use of the system and agree to abide by all rules and regulations governing its use. USPS may deny use of or revoke authorization to use a postage evidencing system in the event of(i) failure to comply with rules and regulations (ii submission of false or fictitious information, (iii)entering of a series of unpaid or short‐paid mail pieces and/or packages in the mail stream, (iv) use of the system for any illegal scheme or enterprise,(v) use of the system outside the customs territory of the United States, and (vi) possession of a decertified system. You must make the postage evidencing system and transaction records available and surrender the system to Pitney Bowes, the USPS, or its agent when notified to do so.

Changes to the Terms of Use

These Terms of Use may be changed by Pitney Bowes at any time. Pitney Bowes will post the most current version of these Terms of Use on www. pbSmartPostage.com, or otherwise notify you that they have changed. From time to time you may be required to accept updated terms and conditions.

Subscriptions; Billing Cycle

Your subscription cost is based on the subscription plan you select and does not include postage. Your subscription will be billed in advance with the first payment due at the time of registration. Your billing cycle reoccurs the same day of the month each billing period.

If your registration includes a trial period and if you do not wish to continue your subscription past the trial period, you must cancel your subscription before the last day of the trial period to avoid being billed for the first month of subscription once the trial period has completed.

Subscriptions that are offered at a discount in return for a commitment over a period of time (e.g., one year) will be subject to an early termination fee if canceled prior to the end of commitment period. The early termination fee will be based on a fixed amount that will be disclosed with the subscription registration.

Purchasing

Information you give Pitney Bowes as part of the registration process will be handled according to Pitney Bowes Privacy Policy. Pitney Bowes reserves the right to verify the identity and/or credit of any person registering for the service, and the identity of any person accessing the account or attempting to use the customer support process for accessing the account. In order to provide you with access to the service, we require that you provide certain personal information and answers to security questions. Personal information we collect through registration and answers to security questions will be used to authenticate your identity when you sign up for the service and each time you sign in, and may further be used to verify the identity of individuals who contact Pitney Bowes in connection with access to your account.

Postage costs for use of the service are not provided by Pitney Bowes and you are responsible for funding a pre‐paid postage account. You may select a different method of payment for postage than used for the subscription payment. Postage payment options will be displayed during account setup.

You agree to the minimum purchase of $5 each time you purchase postage. The maximum amount of postage that can be held in the pre‐pay account at any given time is $1000. There is no limit on postage account refills as long as the max postage amount is not exceeded. No sales tax is charged to postage refills or dispenses. Postage costs will be charged to the preferred postage payment source immediately upon purchase and will be applied to the prepay account balance. Unless Pitney Bowes is the preferred payment source, charges for postage will appear and be supplied by your credit card issuer or bank directly; Pitney Bowes will not provide payment statements or invoices for third parties. You may request refunds from your postage account balance at any time for any amount. Postage can be dispensed at any time as long as the subscription account is paid and in good standing. (See Account Suspension section)

Pitney Bowes will automatically charge your payment source (e.g., credit card, Purchase Power account) the cost of your subscription at the beginning of each billing cycle. Please note that Pitney Bowes may receive updated billing information regarding your credit card account or other payment source and, by accepting these Terms of Use, you consent to Pitney Bowes receiving such updates. Postage fees and product costs shall be applied to your payment source at the time of purchase. You will be allowed to print postage up to the amount of funds in your postage account that have cleared and provided that your subscription fees have been paid. Pitney Bowes will notify you if any transactions are rejected. If a subscription fee transaction is rejected, your account may be suspended until your account is brought up to date.

If you dispute a charge to the credit card which is your payment source, Pitney Bowes is authorized to debit your postage account from time to time in amounts which in the aggregate do not exceed the amount of the disputed charge.

Free trial periods will vary depending on offers. No subscription billing will occur during the free trial period based on your subscription selection. Billing will occur at the end of the trial period on the same day of the month the subscription was ordered and the invoice will reflect the billing cycle selected for the value of the price of the subscription ordered at the time of registration. You are only entitled to the free trial period for the specified period. Postage is not included in the free trial period unless specified.

Free postage offers will vary and will have specific terms depending on the offer. Free postage offers are not refundable. Pitney Bowes will not provide any cash payments or account credits for granted free postage at any time.

Promotional offers: Subscription plans that may include other products or services identified as "included", "free", or "discounted" are only available per single subscription plan. If you select the same items in the check out process to be purchased in addition to the promotional offer, the additional items are not subject to the same value (e.g., free or discounted) as in the original promotional offer. All promotional items that are offered as part of the subscription are considered sold material and are invoiced at subscription check out and become the property of the subscriber excluding service type offers. Material items that are sold as part of a promotional offer or part of a bundle are not returnable for credit at any time.

Pricing

Prices are subject to change at any time unless specified as conditions of a subscription type. Notification of any price changes will be delivered to the email on the registered subscription account.

Account Suspension

Accounts will be suspended for improper use, violation of USPS rules and policies, illegal activity or when Pitney Bowes is unable to charge due to an invalid payment source for the subscription. During account suspension, you will be unable to access the account until payments become up to date. All past due billing will be charged as soon as a valid payment source is updated. It may take 24 hours for your account to be reactivated. After 90 days from the suspension date or if Pitney Bowes has determined that the account must be canceled for violation of policy, all funds in the prepay postage account will be

credited to the prepaid account payment source less any unpaid fees owed to Pitney Bowes. Accounts closed for policy violations will be charged a $25 processing fee.

Subscription Account Cancellation

Your subscription will renew automatically on the anniversary of the following calendar year based on your initial invoice date. You may cancel your subscription at any time. You must contact Pitney Bowes at 1‐800‐228‐1071 for cancellation.

Cancellation will be effective at the start of your next invoice period on the day of the month the subscription was activated. Pitney Bowes will refund the full amount of postage remaining in your account at the time of cancellation to your current payment source. Pitney Bowes will not provide any cash payments for subscription credits or postage in your postage pre‐paid account. Your subscription account will remain active until the account cancellation date.

Postage Refund

Requests for postage refunds for unused, misprinted or damaged postage will be granted for active accounts in good standing for face value only in accordance with USPS and Pitney Bowes policy and procedures. See www.pbSmartPostage.com for details and instructions under Help and then FAQ's.

Pitney Bowes reserves the right to reject claims deemed not qualified for refunds at its sole discretion. All postage refund claims when granted will be credited to the prepay postage account balance. No cash payment or interest will be paid for any postage refund when granted.

Warranty Disclaimer; Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED OR STATUTORY OR ARISING FROM CUSTOM OR TRADE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

PITNEY BOWES ACCEPTS NO RESPONSIBILITY FOR ERRORS OR TECHNICAL DIFFICULTIES WITH THE FUNCTIONALITY OF THE SERVICE, AND DOES NOT GUARANTEE THAT YOUR SERVICE WILL BE UNINTERRUPTED OR ERROR‐FREE, OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE SERVICE, LIKE ALL SOFTWARE RELATED PRODUCTS, MAY BE SUBJECT TO KNOWN OR UNKNOWN ANOMALIES, WHICH MAY AFFECT ITS ABILITY TO PERFORM POSTAGE PRINTING ON ADDRESSES PUT INTO THE SERVICE. FOR EXAMPLE, DEPENDING ON THE ACCURACY OF YOUR LIST AND THE CITIES TO WHICH YOU MAIL, INCORRECT CODING MAY OCCUR. YOU UNDERSTAND AND AGREE THAT PITNEY BOWES IS NOT RESPONSIBLE OR LIABLE FOR ANY SUCH ANOMALIES.

PITNEY BOWES IS NOT LIABLE FOR ANY DAMAGES, INCLUDING LOST PROFITS, LOST SAVINGS, LOST POSTAGE, OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE EVEN IF PITNEY BOWES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PITNEY BOWES AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND LICENSORS (COLLECTIVELY, THE "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES) ARISING IN ANY WAY FROM YOUR USE OF THE SERVICE OR RELATED TO ANY BREACH OF THESE TERMS AND CONDITIONS BY YOU OR ANY USER AUTHORIZED BY YOU.

YOUR SOLE REMEDY IS TO TERMINATE USE OF THE SERVICE. PITNEY BOWES RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH PITNEY BOWES IN DEFENSE OF SUCH CLAIM.

IN NO EVENT SHALL PITNEY BOWES' LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $50.00. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTALS OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

General

By registering for the service, you agree to pay all fees in accordance with the terms of the subscription you select. If you are establishing this account on behalf of a business, you represent that you have all necessary authority to establish an account with Pitney Bowes on behalf of the business. Pitney Bowes reserves the right to discontinue service upon notification to its customers. If any court of competent jurisdiction finds any provision of this Agreement void or unenforceable, then the validity of remaining provisions of this Agreement shall not be affected.

Any legal action arising from or out of this Agreement shall be governed by the laws of the State of Connecticut without regard to its conflict of law principles. The sole jurisdiction and venue for any litigation arising from use of the Service shall be an appropriate federal or state court located in Connecticut. THE UNITED NATIONS' CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY DISCLAIMED.