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PITNEY BOWES PRIORITYPERKS(SM) CUSTOMER APPRECIATION PROGRAM TERMS AND CONDITIONS YOU ARE AGREEING TO THESE TERMS AND CONDITIONS THIS AGREEMENT ("AGREEMENT") STATES THE TERMS AND CONDITIONS THAT APPLY TO YOUR USE OF THIS PITNEY BOWES INC. ("PITNEY BOWES") WEBSITE ("SITE") WHICH YOU AGREE WILL ONLY BE IN CONNECTION WITH THE PITNEY BOWES PRIORITYPERKSsm ("PROGRAM") AND BY USING THIS PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO A BINDING CONTRACT (INCLUDING, WITHOUT LIMITATION, BEING OF AT LEAST THE AGE OF LEGAL MAJORITY WHERE YOU RESIDE AND WHERE YOU USE THE PROGRAM) AND ARE AUTHORIZED TO BIND THE USER OF THIS PROGRAM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THIS PROGRAM AND IT IS YOUR RESPONSIBILITY TO NOT USE THIS PROGRAM. YOU HEREBY REPRESENT THAT YOU ARE AN EXISTING PITNEY BOWES BUSINESS CUSTOMER. The following outlines the terms and conditions of the Agreement between PB Direct, a division of Pitney Bowes Inc., and you for the provision by us of the Program. You are urged to review this Agreement upon receipt and contact our customer service department at perks@pb.com immediately if you have any questions. Definitions: The following terms are applicable to this Agreement: "you" and "your" shall mean the business or commercial customer; "we", "us" and "our" shall mean PB Direct, "Parties" shall mean you and us; "Agreement" shall mean the terms and conditions herein as well as any Program rules and guidelines; "Program" shall mean the PriorityPerkssm customer appreciation program. Acknowledgements: You acknowledge that your participation in the Program will be used for business or commercial purposes only, that the goods and/or services purchased through the Program may not be resold, and that this is not a consumer transaction. Registration, User Account and Password Security: You agree to use this Program's registration process in order to use the program. As part of the registration process you will obtain a password and account name. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Pitney Bowes of any unauthorized use of your password or account or any other breach of security and ensure that you exit from your account at the end of each session. Pitney Bowes cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph. Benefits: Through use of the program, you may be entitled to discounts and/or other benefits on certain products and services offered by us and other vendors as more specifically set forth on the www.pbpriorityperks.com website (the "Website"). Certain discounts and/or other benefits may have their own terms, conditions and/or limitations, and such specific terms and conditions shall control in the event of any conflict with this Agreement. We reserve the right to modify the Program, its discounts, any website polices and user guides and/or benefits at any time, without notice to you. Term and Termination: You agree to be bound by the terms of this Agreement until you terminate your participation. You may terminate your participation and this agreement at any time by contacting alling us at perks@pb.com or by notifying us in writing at Priority Perkssm Program 23 Barry Place Stamford, CT 06926 Attn: Priorityperks Program MS1900. You must provide your user name and customer account number in any such notice. Your termination shall be effective as of the first day of the month following the month in which we receive your notice of termination. Certain discounts or other benefits available may be cancelled as a result of the termination of this Agreement as provided in the specific terms and conditions relating to those discounts or other benefits. We may amend or terminate this agreement and your participation in the Program at any time for any reason without providing notice to you. We can provide notice to you, in our sole discretion, by mail, or any form of e-mail or electronic notice including a posting to the Website, each of which shall constitute adequate notice by PB Direct. PB Direct may suspend or eliminate the Program, in whole or in part, at any time in its sole discretion. Pitney Bowes may, from time to time, revise or update the Website including user documentation, terms and conditions for use or any other website feature or attribute in its sole discretion and in so doing, incurs no obligation to provide any special or individualized notice to you. Pitney Bowes will not be liable to you or any third party for any suspension or termination of your access to the Website or Program or suspension or termination of the Program, in whole or in part.. Access to Program Benefits: Your participation in the Program is non-transferable and may be used only by you and employees of your organization. Please notify us immediately if you suspect unauthorized use. Site Security: You agree that you will not nor will you attempt to: a) disrupt or interfere with the security of, or otherwise abuse, theWebsite, the Program, or any system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites; b) attempt to access, tamper with or use non-public areas of the Website. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution; c) disrupt orinterfere with any other user's enjoyment of the Website or affiliated or linked websites; or d) frame or link to the Website except as permitted in writing by Pitney Bowes. Ownership of Intellectual Property Rights: You hereby acknowledge and agree that PB Direct or its licensors own and retain all rights, title, and interest in and to the Program and the Website, regardless of the form or media in or on which intellectual property exists or may subsequently exist including, without limitation, all copyrights, trademarks, patents and trade secret rights inherent therein or appurtenant thereto. Except as otherwise specifically provided in these terms and conditions, you may not download or save a copy of the Website or any portion thereof, for any purpose. This Agreement shall not constitute a sale of any intellectual property and no title or proprietary rights to any part of the Website or the Program are transferred to you hereby. You also acknowledge that the Site is a unique and valuable asset and of Pitney Bowes or its licensors, and Pitney Bowes or its licensors shall have the right to obtain all equitable and legal redress which may be available to it for the breach or threatened breach of this Agreement including, without limitation, injunctive relief. Limitation of Liability: Certain of the products and services offered through the PriorityPerkssm program are not products or services of Pitney Bowes Inc. Any and all warranties, service and/or support for the third party products and services offered herein are offered directly from the third party vendors. We assume no liability for any discounts and/or benefits provided by any of the vendors who participate in the Program. If you have claims against such vendors relating to the Program, you should contact those vendors directly. THE WEBSITE AND THE PROGRAM 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 NON-INFRINGEMENT. PITNEY BOWES ACCEPTS NO RESPONSIBILITY FOR ERRORS OR TECHNICAL DIFFICULTIES WITH THE FUNCTIONALITY OF THE WEBSITE OR THE PROGRAM AND ANY PRODUCTS AND SERVICES OFFERED OR PROVIDED BY OR THROUGH THE WEBSITE OR THE PROGRAM, INCLUDING THAT WEBSITE, The PROGRAM OR ANY PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. PITNEY BOWES WILL NOT AND DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE WEBSITE, THE PROGRAM, OR ANY PRODUCTS OR SERVICES WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE OR DEFECTS THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE WEBSITE, LIKE ALL SOFTWARE RELATED PRODUCTS, MAY BE SUBJECT TO KNOWN OR UNKNOWN ANOMALIES, WHICH MAY AFFECT ITS ABILITY TO PERFORM. YOU UNDERSTAND AND AGREE THAT PITNEY BOWES IS NOT RESPONSIBLE OR LIABLE FOR ANY SUCH ANOMALIES. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE DISCOUNTS AND/OR OTHER BENEFITS AVAILABLE THROUGH THE PROGRAM AND WITH RESPECT TO INFORMATION PROVIDED TO YOU IN CONNECTION WITH THIS PROGRAM. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU EXCEED $1.00. WE ASSUME NO RESPONSIBILITY TO YOU FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS OPPORTUNITY OR GOODWILL, EVEN IF WE HAD KNOWLEDGE THEREOF. ANY ACTION RELATED TO THIS AGREEMENT WHICH YOU FILE AGAINST US, INCLUDING BREACH OF WARRANTY OR OTHERWISE, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE DATE OF THE EVENT GIVING RISE TO YOUR CLAIM. This Site and the Program may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of Pitney Bowes and Pitney Bowes is not responsible for the contents of any Linked Sites or the goods or services sold or made available on or through such sites. Pitney Bowes is providing these links to you only as a convenience, and the inclusion of any link does not imply that Pitney Bowes guarantees, warrants or endorses the site, or any goods or services sold or made available on or through such sites, or any association with its operations. Nothing in this Agreement grants you any rights or authorization with respect to any Linked Sites. Remedies: You agree that we may recover all expenses incurred in enforcing our rights under this Agreement, including costs, attorney's fees, and interest to the maximum extent permitted by law. We do not give up any legal or equitable remedies we otherwise would have by exercising our rights under this Agreement. Indemnity: YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US, AND OUR SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY "INDEMNIFIED PARTY") FROM AND AGAINST ANY AND ALL LOSSES, CLAIMS OF LOSSES, DAMAGES AND EXPENSES (INCLUDING WITHOUT LIMITATION COURT COSTS AND REASONABLE ATTORNEYS' FEES) ASSERTED AGAINST THE INDEMNIFIED PARTY AND ARISING OUT OF, OR RELATING TO YOUR BREACH OF YOUR OBLIGATIONS UNDER THIS AGREEMENT. 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 US IN DEFENSE OF SUCH CLAIM. Amendment: This Agreement may not be modified, amended or supplemented by you without our written consent. Governing Law: This Agreement shall be governed in all respects by the internal laws of the State of Connecticut applicable to agreements made and to be performed entirely within such state. Exclusive venue and jurisdiction for any dispute hereunder shall be in Fairfield County, Connecticut. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, OR COUNTERCLAIM OF ANY KIND ARISING OUT OF OR RELATING TO THIS AGREEMENT. You acknowledge having read this Agreement and understanding it, and you agree to be bound by its terms and conditions. You represent, warrant and agree that you have accurately reflected any business affiliation and that you have the authority to bind any company on whose behalf you represent to use the Website.
