Send-Say: TERMS OF USE

These Terms of Use apply to your use of the Send-Say software application (the “Application”) whether you access the Application through a website, mobile app, or custom integration. The Application is operated by Send-Say LLC ("Send-Say" or “we”). Please read these terms of use, which include the Privacy Policy, ("Terms"). By accessing the Application using the services offered through the Application (the “Services”), including by responding to a registered user’s request to provide your contact information, you are agreeing to these Terms, including without limitation, terms that limit your liability (see Section 10) and require individual arbitration for any potential legal dispute (see Section 12). If you do not agree, please do not use this Application. We may modify these Terms (including the Privacy Policy) from time to time by posting our updated policy here. Your continued use of our Application and Services after updated Terms are displayed indicates your agreement to the modified Terms.

1. REGISTER FOR AN ACCOUNT; CONTACTS

To store your contacts within the Application ("Contacts"), you must register by creating a user account ("Account") with a username and password and providing other information as part of the registration process. When you register and create an Account, you can add contact information to your Contacts allowing our Application to access the contact information to your contacts list on your phone or by uploading contact information stored in, for example, an Excel file; and 2) if you do not have complete address information, we will supplement this information by accessing publicly available data where available.

You are responsible for (1) maintaining the confidentiality of your username and password and for notifying us immediately if you become aware of any actual or suspected unauthorized use, (2) all uses of your username or password, (3) all activity, including purchases, conducted under your Account (e.g., adding addresses to your Contacts), and (4) providing accurate information in connection with your Account, including without limitation, your return address information. Our Application may offer you certain convenience features such as the ability to set up reminders, or the ability to suggest reminders based on social media posts, a text-to-talk function, the ability to supplement contact information you have with publicly-available contact information, and the like. While we offer you these convenience features, you are responsible for reviewing and confirming the accuracy of the information that include as part of these features. If you breach these Terms, we reserve the right in our sole discretion to restrict, suspend or terminate your access to your Account and to the Application with or without notice to you. You may terminate your Account at any time by contacting info@Send-Say.com and we will delete your account as soon as possible. If you decide to terminate your Account, we will delete the Contacts in your Account, so be sure to export or print any contact information in your Account that you wish to retain before you terminate your Account. We reserve the right to retain a copy of your Contacts for a limited period if we determine in good faith that it may be appropriate to do so to comply with legal process, law enforcement, or law, to protect our property or rights or the rights or safety of any third party, to address suspected illegal activity, and for similar reasons we determine in good faith are appropriate.

2. CONDUCT

You expressly agree that you will not use the Application:

for any unlawful purpose, including posting, storing, sending, or otherwise transmitting information, data or material that is libelous, obscene, threatening, harassing or defamatory or which infringes the intellectual property rights of any person or which in any way encourages conduct that would be unlawful or inappropriate;

in connection with any unsolicited bulk or commercial messages (commonly known as "spam"), any advertising or other form of communication that violates these Terms or any law or regulation, or in any manner that would disrupt in any way any internet site or services;

to initiate or perpetuate any illegal scheme (such as a pyramid scheme);

to harvest (or engage in any type of systematic retrieval of) e-mail addresses or other identifiers or information or collect e-mail addresses;

to impersonate any person or entity, falsify any sender address, forge anyone’s identity or perform any other fraudulent activity (such as "phishing");

to interfere with, or attempt to interfere with, any person’s ability to use the services offered on the Application;

to transmit or otherwise make available through our Application any computer code, file, program or other element (including any virus, worm, or other harmful malware of any nature) that would interrupt, destroy, interfere with or otherwise cause any other effect that might reasonably be considered undesirable;

to register or attempt to use the services under the name of another person, allow another person to use your username or password or your Account, use another person’s Account; or

to attempt to (or actually) circumvent the Application’s security or any means to control access to the Application’s services.

3. OWNERSHIP

Unless otherwise noted, all rights, title and interest in all information including, but not limited to, the card designs, screens, texts, user names, passwords, web pages, or other materials (collectively “Information”) appearing in and on this Application, are the exclusive property of Send-Say. Send-Say’s use of such information is subject to its Privacy Policy.

You acknowledge that all content on or provided through this Application, including, but not limited to software, images, illustrations, whether tangible or intangible (collectively “Content”), is protected by copyrights, trademarks or service marks and other intellectual property rights which are owned and controlled by Send-Say or by third parties that have licensed their Content or the right to market and sell their products to Send-Say. Such Content may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed or exploited in any way, without proper permission from the Content’s owner.

The Services include third-party code licensed that are subject to open source licenses (“Open Source Software”).  Your right to use such Open Source Software is subject to and governed by the terms and conditions of any applicable open source license (“Open Source License Terms”).  In the event of a conflict between the terms of this Agreement and the Open Source License Terms, the Open Source License Terms shall control.

"Send-Say" and other names, trademarks, service marks, and indicia of source ("Send-Say Trademarks") are owned by Send-Say. You may not use the Send-Say Trademarks in connection with any products or services that do not belong to Send-Say or in any manner likely to cause confusion about the source of any product or service, that implies that Send-Say endorses anyone else’s product or service, or that disparages or discredits Send-Say.

4. ALLEGED COPYRIGHT INFRINGEMENT

If you believe that your intellectual property rights have been violated by Send-Say or by a third party who has provided Content on our Application, please provide the following information to the Send-Say-designated copyright agent listed below.

a). A description of the copyrighted work or other intellectual property that you claim has been infringed;

b). A description of where the material that you claim is infringing is located on the Application;

c). An address, a telephone number, and an e-mail address where Send-Say can contact you;

d). A statement that you have a good-faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;

e). A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf;

f). Your electronic or physical signature.

Send-Say may request additional information before removing any infringing material. Send-Say may provide the alleged infringing party with your e-mail address so that that person can respond to your allegations.

Pursuant to Title 17, United State code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent listed below. ALL INQUIRES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

Outside GC LLC

Attn: Peter Cassatt

176 Federal Street, 5th Floor

Boston, MA 02110


Or: copyright@send-say.com

5. LINKS, FRAMES AND METATAGS

You may not frame the content of our Application unless you first obtain our express prior written consent in each case. You may not use metatags or any other "hidden text" that incorporates Send-Say Trademarks or marks confusingly similar to our Send-Say Trademarks without our prior written consent.

6. LINKS TO THIRD-PARTY WEB APPLICATIONS

Our Application may contain links to web Applications controlled by third parties ("Third-Party Applications"). We are not responsible for Third-Party Applications or their content, activities, or privacy practices. Any information you share or actions you take on Third-Party Applications are governed by those Applications’ terms of use and privacy statements, which you should review carefully to learn about their practices. Including links on our Application does not imply our endorsement of Third-Party Applications, their content, or any associated organization or activity. We make no representation or warranty whatsoever about the nature of Third-Party Applications.

7. PURCHASE; PAYMENT TERMS

Send-Say accepts major U.S. credit cards (Visa, MasterCard, American Express, and Discover) as well as online payment providers such as PayPal and Venmo. Billing occurs at the time of or shortly after your transaction. You agree that you will only use your own credit card or the credit card information that you have express permission to use.

You agree that you will pay for all products you purchase and that Send-Say may charge your credit card for any products purchased and for any additional amounts (including any taxes and late fees, as applicable). You are responsible for the timely payment of all fees to Send-Say.

You can cancel your order anytime up until 11:59 pm the day you place your order. To cancel an order email cancel@Send-Say.com with your order number and “cancel” in the subject line. Otherwise, unless otherwise posted, all sales on Send-Say are final. There are no returns or refunds.

Your total price will include the price of the product(s) plus a convenience fee, plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you purchase the product(s).

8. PRODUCT FULFILLMENT

Purchased product(s) are generally shipped in 1-2 business days but may from time to time take longer. Items shipped directly to recipients with first class stamps are expected to arrive in approximately 3 to 7 business days from the date of order, depending on the state to which they are being shipped, however we are unable to guaranty the arrival date.

9. DISCLAIMERS

OUR APPLICATION AND THE SERVICES AVAILABLE THROUGH IT ARE AVAILABLE "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED) AND ANY WARRANTY THAT OUR APPLICATION OR SERVICES (1) WILL BE UNINTERRUPTED, FREE FROM ERRORS, OR FREE FROM VIRUSES, WORMS, "TROJAN HORSES" OR OTHER MALICIOUS CODE OR HARMFUL FEATURES OR VULNERABILITIES OR (2) WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, TIMELY, RELIABLE, OR NON-INFRINGING. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS IN OUR APPLICATION OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR MAKING BACKUP COPIES OF AND PRESERVING ALL INFORMATION IN YOUR CONTACTS. IF YOU RELY ON OUR APPLICATION OR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK.

10. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL SEND-SAY (OR ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES AND AGENTS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR USE OF OUR APPLICATION OR SERVICES, INCLUDING ANY (1) ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES IN OUR APPLICATION OR ANY SERVICES, (2) FAILURE TO STORE OR PRESERVE INFORMATION IN CONNECTION WITH YOUR CONTACTS, OR (3) DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF YOUR USE OR MISUSE OF OUR APPLICATION OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. YOU RELEASE SEND-SAY (AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES AND AGENTS) FROM ANY CLAIM RELATING TO YOUR USE OF OUR APPLICATION OR SERVICES. YOU AGREE THAT THE LIABILITY OF SEND-SAY (AND ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES, AND AGENTS), IF ANY, ARISING OUT OF ANY LEGAL CLAIM ARISING FROM YOUR USE OF OUR APPLICATION OR SERVICES WILL NOT EXCEED $1,000.00 IN THE AGGREGATE.

YOU ARE RESPONSIBLE FOR MAINTAINING THE SECURITY OF YOUR ACCOUNT AND PASSWORD. SEND-SAY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE FROM YOUR FAILURE TO MAINTAIN THE SECURITY OF YOUR ACCOUNT OR PASSWORD. YOU ARE RESPONSIBLE FOR ALL ACTIVITY THAT OCCURS UNDER YOUR ACCOUNT, INCLUDING ALL PURCHASES.

ADDITIONALLY, TO THE EXTENT PERMITTED BY LAW, SEND-SAY EXCLUDES AND DISCLAIMS ALL IMPLIED WARRANTIES FOR PRODUCTS OFFERED THROUGH THIS APPLICATION. SEND-SAY PROVIDES PRODUCTS ON AN “AS IS,” “AS AVAILABLE” BASIS.

SOME STATES DO NOT PERMIT THE EXCLUSIONS OF CERTAIN TYPES OF LIABILITY OR LIMITATIONS ON CERTAIN TYPES OF WARRANTIES. IF THESE STATE LAWS APPLY TO YOU, SOME OF THE LIMITATIONS AND EXCLUSIONS ABOVE MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS OR REMEDIES.

11. INDEMNIFICATION

You agree to indemnify and hold harmless Send-Say (and its members, directors, officers, employees, service providers, representatives, and agents) against all liabilities, losses, damages, and costs (including reasonable attorneys fees) that they may incur based on claims arising out of your use of our Application or violation of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with whatever cooperation we reasonably request.

12. DISPUTE RESOLUTION.

You and Send-Say agree to arbitrate any and all disputes by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THESE GENERAL TERMS WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, REPRESENTATIVE ACTIONS AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST SEND-SAY. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced (but in no case will there be a class or representative arbitration). All Disputes will be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (https://www.adr.org) according to this Section and the applicable arbitration rules for that forum. Consumer claimants (individuals whose transaction is intended for personal, family, or household use) may elect to pursue their claims in their local small-claims court rather than through arbitration so long as their matter remains in small claims court and proceeds only on an individual (non-class or non-representative) basis. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. If you are a consumer bringing a claim relating to personal, household, or family use, any arbitration hearing will occur within the county where you reside. Otherwise, any arbitration hearing will occur in Washington, D.C., or another mutually agreeable location. The arbitrator’s award will be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For purposes of this arbitration provision, references to you and Send-Say also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of the Services.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE, your use of the Application, or your and our dealings with one another MUST BE COMMENCED IN ARBITRATION WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. AFTER THAT ONE (1)-YEAR PERIOD, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

13. CHANGES TO APPLICATION; TERMINATION

We reserve the right to make changes or improvements to this Application at any time for any reason without notice.

We reserve the right to terminate our Application and any services offered through our Application at any time for any reason with or without notice to you. The "Disclaimers," "Limitation of Liability," "Indemnification," and "General" sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms.

14. COMMUNICATIONS

You consent to receiving email communications from us.

15. GENERAL

These Terms, which includes the Privacy Policy, are the complete agreement between you and Send-Say regarding your use of our Application and are governed by the laws of the District of Columbia applicable to agreements made and completely performed in the State. Subject to and without waiver of the arbitration provisions above, you irrevocably agree that any judicial proceedings (other than small claims actions in consumer cases) will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state or federal court for the District of Columbia. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law. In the event a court having jurisdiction over the parties holds any provision of this Agreement invalid or unenforceable, the parties shall negotiate in good faith to replace the invalid or unenforceable provision, if possible, with a valid provision that most closely approximates the intent and economic effect of the invalid provision. You agree that we may provide you with notices by posting on our Application, by e-mail, or by regular mail. If we do not exercise or enforce a right or remedy in these Terms or otherwise available, you agree we have nor waived such right or remedy.

16. QUESTIONS

For any questions or comments, you may have about these Terms, please contact us at: info@send-say.com


Updated as of October 2018.