Terrms of Service

Effective: March 15th, 2015
Version: 1.0.1

Please read these terms of use carefully (“Terms”) issued by Pidalia, LLC. (“Pidalia”). These Terms govern and apply to your access and use of www.cliffdelivers.com and any related services (collectively, the “Service”). By accessing or using the Service, you agree to be bound by all of the terms and conditions described in these Terms. If you do not agree to all of these terms and conditions, do not use the Service.

Use of the Service
Cliff allows you to prepare databases and generate paperwork and files required to enter mail with the US Postal Service (“USPS”). As long as you comply with these Terms and have paid any required fees, you have the right to access and use the Service, for any lawful purpose. You may not: (i) copy, modify or distribute the Service for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Service to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Service; (iv) make the functionality of the Service available to multiple users through any means; or (v) use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

The Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. The Service may, at some point, include advertisements, which may be targeted to the content or information on the Service, queries made through the Service, or from other information. The types and extent of advertising on the Service are also subject to change over time. In consideration for providing you the Service, you agree that we and our third party providers and partners may place advertising on our Service or in connection with the display of content or information on our Service. Certain features of our Service may be subject to additional terms or conditions, which will be posted with those features.

Creating a Cliff Account
In order to access and use Cliff, you will need to register and create an account (your “Account”). By creating an Account, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. When creating an Account, you may be required to provide certain personal information about yourself, and or your employer and will establish a username and a password. If acquiring an account for your employer or on behalf of another organization, you represent that you are authorized to form a binding contract on behalf of this organization. You agree to provide accurate, current and complete information about your Account.

When creating an Account, don’t:

  • provide any false personal information to us (including a false username) or create any account for anyone other than yourself without such other person's permission;
  • use a username that is the name of another person or organization with the intent to impersonate that person or organization;
  • use a username that is subject to rights of another person or organization without appropriate authorization; or
  • use a username that is offensive, vulgar or obscene or otherwise in bad taste.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates the Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.

You may be able to link your Account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Service. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing. In linking your accounts you also accept any responsibility for data loss, regardless of if the Service contributes to such loss, and agree that Pidalia will not have any financial or other responsibility for such a loss.

Content Submissions
The Service allows you to upload databases and create specifications (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness. By posting Content to the Service, you grant us the right and license to use, modify, and distribute back to you, such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights.

You cannot remove Content that you have posted to the Service. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Service.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

When submitting Content to or otherwise using the Service, you agree not to:

  • submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;
  • publish falsehoods or misrepresentations that could damage us, our users or any third party;
  • submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
  • post advertisements;
  • impersonate another person or represent yourself as affiliated with us, our staff or other industry professionals;
  • solicit a user's password or other account information; or
  • harvest user names, addresses, or email addresses for any purpose.

This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Service or to review or edit any Content, but we have the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content, that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Service.

Content on the Service
The Content available through the Service has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Service or any Content on the Service, relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use or reliance of any Content. While the Service is used to manipulate Content that you upload, the final responsibility to ensure the practical use of, or compliance with the needs of the USPS rests with you and Pidalia shall not have any liability or responsibility in regards to your final use of the Content generated from the Service.

Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

Copyright Policy
We do not permit copyright infringing activities and infringement of intellectual property rights on the Service and will remove any such Content if properly notified that such Content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at copyright@pidalia.com or by mail at Copyright Agent, c/o Pidalia, LLC, 265 Franklin Street Suite 1702, Boston, MA 02110.

Unauthorized Activities
Our Service may be used and accessed for lawful purposes only. You agree that you will not do any of the following while using or accessing the Service: (i) attempt to access or search the Service or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including crawlers, robots, spiders, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers; (ii) access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers; (iii) gather and use information, such as other users’ names, real names, email addresses, available through the Service to transmit any unsolicited advertising, junk mail, spam or other form of solicitation; (iv) use the Service for any commercial purpose or for the benefit of any third party or in any manner not by these Terms; (v) violate any applicable law or regulation; or (vi) encourage or enable any other individual to do any of the foregoing. We reserve the right to investigate and prosecute violations of any of the above and/or involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.

Indemnity
You agree to indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Service or the use of the Service by any person using your Account violates any applicable law or regulation, or the rights of any third party.

Links to Third Party Sites
The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites. You are responsible for and assume all risk arising from your use or reliance of any third party sites.

Ownership
The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, we (or our licensors) exclusively own all right, title and interest in and the Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions you may provide regarding the Service (“Feedback”) will be the sole and exclusive property of Pidalia and you hereby irrevocably assign to us all of your right, title and interest in and to all Feedback.

Termination
If you breach any of the terms of these Terms, we have the right to suspend or disable your access to or use of the Service.

Limitation of Liability
OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, FOR ALL CASES IN AGGREGATE FOR THE LIFETIME OF A COMMERCIAL RELATIONSHIP BETWEEN YOU AND PIDALIA WILL IN NO EVENT EXCEED $100 (ONE HUNDRED US DOLLARS). WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Disclaimer
You understand and agree that the Service is provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.

Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In such cases the limitations will always apply to the maximum extent they are favorable to Pidalia.

General
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to any conflict of laws rules or principles. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. We may revise these Terms from time to time, and we will try to provide at least 5 days notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

Questions & Contact Information
Please contact us if you have any questions about our Terms:
Pidalia, LLC
265 Franklin Street Suite 1702
Boston, MA 02110
1-800-559-8680