- Terms and Conditions
By using the Website (including without limitation, viewing and downloading any content at the Website), you (1) represent that you are of majority in the state in which you legally reside (and at least 18 years of age) and (2) agree to be bound by the terms and conditions of this Agreement and any guidelines, policies and codes of conduct issued to you from time to time.
Please review the Agreement carefully. If you do not agree to this Agreement in its entirety, you are not authorized to use the Website in any manner or form.
Although the information and recommendations on the Website are provided in good faith and believed to be correct, We make no representations or warranties as to the completeness or accuracy of the information.
The information is supplied under the condition that the persons receiving same will make their own determination as to the suitability for their purposes prior to use. In no event will We be responsible for damages of any nature whatsoever resulting from the use of or reliance upon information or the product to which the information refers.
We make no commitment to update or correct any information that appears on the Internet or on this World-Wide Web server.
Unless otherwise noted, the design of the Website, the Website as a whole, and all materials that are part of the Website, including, without limitation, design, graphics, text, images, software and other files and the selection and arrangement thereof (collectively, 'Content') are protected by copyrights, trademarks, trade dress or other intellectual property rights and proprietary rights owned by Poste Premier. You acknowledge that you do not acquire any ownership rights to any Content accessible at or through the Website.
As a visitor to or user of the Website, you are granted a non-exclusive and non-transferable limited license to access and use the Website (and its associated Content) strictly in accordance with this Agreement. We may terminate this license at any time for any reason, in its sole discretion. You acknowledge and agree that the Website is for your personal, non-commercial use, only, and that you may not reproduce, publish, transmit, broadcast, distribute, upload to any computer or mobile device, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content, or make commercial use of the Website or any Content provided or obtained through the Website, except as expressly authorized in this Agreement.
No part of the Website may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You agree not to access the Website by any means other than through the interface that is provided by us for use in accessing the Website. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, any Content or any portion thereof.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You may not permit any Content, used or obtained by you, to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by any third party, whatsoever.
You agree to advise us promptly of any such unauthorized use(s). Unauthorized use of the Content is expressly prohibited by law, and may result in severe civil and criminal penalties. Poste Premier reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Poste Premier reserves all rights not expressly granted to you in this Agreement.
Comments and Other Submissions
We welcome your comments and feedback regarding our Website, our products and our services (collectively, “Comments”). Any Comments posted or sent to the website shall be and will remain the exclusive property of Poste Premier. Submission of any Comments to the Website shall be deemed an assignment to Poste Premier of all intellectual property rights, titles and interest in and to such Comments. Such Comments will not be treated as confidential information. Poste Premier shall have all rights to use, reproduce, publish, distribute and otherwise disclose such Comments for any purpose without restriction without providing any compensation to you.
Risk of Loss
All items purchased from Poste Premier are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Information and Availability
Poste Premier attempts to be as accurate as possible. However, Poste Premier does not warrant that product descriptions or other content of this Website are accurate. In addition, the actual colors you see will depend on your monitor and may not be accurate. We apologize for any inconvenience this may cause you. If a product offered by Poste Premier itself is not as described, you may return it in its original condition. Please see our return policy. Product availability is not guaranteed. If a product is not available when your order processes We will notify you by email.
Links to other Websites and Services
We may provide links to other third-party websites of (including, but not limited to, any advertisements), such links are provided only as a convenience to you. If you use these links, you may leave the Website. We do not control or endorse any such advertiser or other third party websites, and your dealings with such third parties are solely between you and such third parties. We do not control or endorse any such advertiser or other third party websites, and We are not responsible for examining or evaluating, and We do not warrant the offerings of, any of these businesses or individuals or the content of their websites. You understand and agree that Poste Premier does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Website Policies, Modification, and Severability
We reserve the right to make changes to our Website, policies, and these Terms for any reason at any time, and to delete (or block your access to) any portion of the Website in the event We reasonably determine that the Website, your use of the Website or any element used to create the Website, infringes on or violates, or could infringe on or violate, any third party right or any applicable laws or government regulations, without any notice or liability to you or to any third party.
We reserve the right at any time, in its sole discretion, to add new features and functionality to the Website, such as User forums, or remove previously available features and functionality. Unless explicitly stated otherwise, any new features and functionality at the Website shall be subject to this Agreement.
We may, at any time, lose its licensing rights to make certain Content available through the Website. In that event, you will no longer be able to obtain these portions of Content.
If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term. We reserve the right at any time, and from time to time, to modify, suspend, discontinue or permanently cancel the Website, or portions thereof, with or without notice to you.
Poste Premier, in its discretion, may deliver notice to you by means of electronic mail, a general notice on the Website, or by written communication delivered by first class U.S. mail.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY; INDEMNITY
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THIS WEBSITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN 'AS IS' AND ‘AS AVAILABLE’ BASIS. POSTE PREMIER DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(B) POSTE PREMIER DOES NOT WARRANT THAT (I) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(C) ALTHOUGH POSTE PREMIER ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS WEBSITE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK.
(D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(E) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER POSTE PREMIER NOR ITS PROVIDERS SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), BASED UPON OR RESULTING FROM: (I) THE USE OR INABILITY TO USE THIS WEBSITE, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE WEBSITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED, OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO FROM OR THROUGH THE WEBSITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (V) ANY OTHER MATTER RELATING TO OR ARISING FROM THE WEBSITE.
POSTE PREMIER IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE WEBSITE, OR WITH ANY OF POSTE PREMIER'S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS POSTE PREMIER, ITS MEMBERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES AND AFFILIATES, REPRESENTATIVES AND AGENTS (EACH, A “PROTECTED ENTITY”), FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, ACTIONS, SUITS, PROCEEDINGS, JUDGMENTS, FINES, DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING SETTLEMENT COSTS AND/OR REASONABLE ATTORNEYS' FEES) RESULTING OR ARISING OUT OF: (I) YOUR USE OF THE WEBSITE; AND/OR (II) AN ALLEGATION THAT YOU BREACHED OR VIOLATED AN APPLICABLE LAW, RULE, REGULATION OR THIS AGREEMENT.
This Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the state of New York notwithstanding its conflict of law provisions. Should a dispute arise concerning the Website or the terms and conditions of this Agreement, you agree that the appropriate, convenient and exclusive venue for any and all dispute resolution shall be the court of appropriate jurisdiction in the state of New York. To the extent permitted by applicable law, you agree to waive any right that you may have to participate in any class action litigation involving, related to or arising from the Website. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that any unauthorized use of the Website would result in irreparable injury to us and our licensors for which money damages would be inadequate.
In such event Poste Premier shall have the right, in addition to other remedies available to it pursuant to this Agreement, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that Poste Premier may have under separate legal authority.
Should any part of this Agreement be held invalid or unenforceable by a competent court, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
To the extent that anything in or associated with the Website is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
No relationship other than that of a service provider and customer shall be created through operation of this Agreement.
Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website, is a violation of criminal and civil law and We may diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.