Legal Notices

Last Updated: May 10, 2024

PLEASE NOTE THAT THESE TERMS REQUIRE THAT DISPUTES BE RESOLVED ONLY BY FINAL AND BINDING INDIVIDUAL ARBITRATION (AND NOT BY COURT LITIGATION). THIS MEANS THAT YOU WAIVE ANY RIGHT TO A JURY TRIAL AND WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN CLASS ACTIONS AGAINST US. IN ARBITRATION, THERE IS NO JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW AS COMPARED TO COURT LITIGATION. Please review the provision Arbitration Agreement and Class Action Waiver in Section 20 of these Terms of Use for complete details.

1. Terms of Use; Acceptance of Contract Terms

By accessing or using (hereinafter, “use” or “using”) a site or mobile application where these Terms of Use are posted (collectively the "Site") you acknowledge that you have read, understand and agree to these Terms of Use and the Pitney Bowes Privacy Statement. If you do not agree to these Terms of Use, please do not use the Site. Because we may change these Terms of Use and/or our Privacy Statement from time to time in our sole discretion, you should check them periodically. All changes are effective immediately when we post them and apply to all use of the Site thereafter. Your continued use of the Site will constitute your agreement to any changes to these Terms of Use. “Pitney Bowes,” “us” or “we” refers to Pitney Bowes Inc. and any of its subsidiaries or affiliates for purposes of these Terms of Use.

2. Using the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period.

To use the Site, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is your own, and is correct, current, and complete. You agree that all information you provide to register with this Site is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.

You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

3. Users and Submission of Information

As a user of the Site, you agree to provide accurate information in connection with the purchase of any products or services obtained via the Site and to maintain and update such 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, offensive, harassing, violent, hateful, inflammatory, abusive, obscene, or otherwise objectionable. You also agree that you will not submit anything to this Site that violates any right of a third party, including, but not limited to, rights to any patent, copyright, trademark, trade secret, privacy, or other personal or intellectual property or other proprietary rights.

4. License to Use the Site

Pitney Bowes grants to you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Site and the Materials (as defined below). This license is contingent on your compliance with these Terms of Use.

5. License to Pitney Bowes

Except as otherwise noted or prohibited by law, you grant to Pitney Bowes a royalty-free, worldwide, irrevocable, perpetual license to use, reproduce, disclose, transmit, publish, broadcast, or post any information that you submit through the Site with no liability to us.

6. Product/Service Terms and Conditions

Certain products and services available through the Site will have their own terms and conditions. If there is a conflict between them and these Terms of Use, the respective product/service terms and conditions will apply as to that specific product/service.

7. Linking

Outbound Linking Policy Statement - The Site may contain links to other sites hosted and/or maintained by third parties. Pitney Bowes will not be responsible for the content of any third-party sites that may be linked to or from the Site. These links are provided for your convenience only and you use them entirely at your own risk and subject to the terms and conditions of use for such third-party sites. 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.

Linking to the Site Policy Statement - If you would like to link to the Site you must comply with the following: (i) link to but do not replicate the Site or its Materials; (ii) link only to the home page at www.pb.com; (iii) do not create a browser or border environment around the Site or its Materials (commonly known as framing); (iv) do not imply that Pitney Bowes is endorsing you or your products or misrepresent the extent of your relationship with Pitney Bowes; and (v) do not use the Pitney Bowes Signature (logo) in the hyper link without permission from Pitney Bowes.

You agree to cooperate with us to immediately stop any unauthorized framing or linking. We reserve the right to withdraw linking permission without notice.

8. Software

Software that you may download from the Site ("Software") is the copyrighted work of Pitney Bowes and/or third parties. Your use of the Software is governed by the terms of any end user license agreement that accompanies the Software download. You may use the Software only in accordance with the terms of any accompanying license agreement, and, unless expressly authorized by the accompanying license agreement, 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.

9. Indemnification

You agree to indemnify and hold harmless Pitney Bowes, its licensors, and service providers, and its and their respective officers, directors, employees, contractors, suppliers, successors, agents , and assigns (including those of its subsidiaries and affiliates) from any and all claims, liabilities, damages, judgements, awards, losses, costs, expenses, fees or demands, including reasonable attorney’s fees, arising out of or relating to your use of the Site, your breach of these Terms of Use and/or your infringement of any intellectual property right(s). These obligations will survive any termination of your relationship with Pitney Bowes, including the loss of the right to use our Site. Pitney Bowes reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with Pitney Bowes in asserting any available defenses.

10. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that information or Software available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PITNEY BOWES, NOR ANY PERSON ASSOCIATED WITH PITNEY BOWES, MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER PITNEY BOWES NOR ANYONE ASSOCIATED WITH PITNEY BOWES REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, PITNEY BOWES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

11. Limitation of Liability

PITNEY BOWES WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOST PROFITS, LOST SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF REPUTATION, COMPUTER FAILURE, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, EVEN IF FORESEEABLE OR IF PITNEY BOWES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT WILL PITNEY BOWES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION OF ANY KIND RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED ONE DOLLAR ($1.00).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Trademarks and Copyrights

The trademarks, service marks, logos and trade dress of Pitney Bowes used on this 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, and other content which may be Pitney Bowes’ intellectual property (collectively "Materials") of this site are the exclusive property of Pitney Bowes Inc. and are copyrighted and protected by worldwide copyright laws, treaty provisions, and other applicable intellectual property right laws. Subject to fair use exceptions, Pitney Bowes does not authorize any downloading, distribution, republication or modification of any Materials or Marks on this 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.

Without limiting the foregoing, if you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of the Terms of Use, your right to use the Site will stop immediately and you must, at our option, return or destroy any copies of the Materials or Marks you have made. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Pitney Bowes. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

13. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the standards set out in these Terms of Use.
• to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• to impersonate or attempt to impersonate Pitney Bowes, a Pitney Bowes employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Pitney Bowes or users of the Site, or expose them to liability.

Additionally, you agree not to:

• use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
• use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• use any device, software, or routine that interferes with the proper working of the Site.
• introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
• attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• otherwise attempt to interfere with the proper working of the Site.

14. 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 Pitney Bowes, 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.

15. Monitoring and Enforcement; Termination

Pitney Bowes uses a variety of measures to protect the security and safety of the Site and its users, to detect and prevent fraud, to protect or defend our legal rights, or for other purposes. These measures may include monitoring your use of the Site and communications that you send to or through the Site, and we may use vendors for this purpose. Please see our Privacy Statement for more information about how we may process any personal data you provide to Pitney Bowes via the Site. You agree that our monitoring activities do not provide you with any cause of action or other right against Pitney Bowes or our vendors. In no event will Pitney Bowes or its vendors be liable to you for any costs, damages, expenses or any other liabilities incurred by you as a result of any monitoring activities.

Without limiting the foregoing, we have the right to:

• remove or refuse to post any material you submit on or through the Site for any or no reason in our sole discretion.
• take any action with respect to any material you post or submit on or through the Site that we deem necessary or appropriate in our sole discretion, including if we believe that such material violates these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Pitney Bowes.
• disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
• terminate or suspend your access to all or part of the Site, at any time, for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS PITNEY BOWES AND ITS LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material or content before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

16. Security

You acknowledge that no set of data security measures is completely effective against all threats, and that there is a risk that data, including e-mail, electronic and wireless communications and personal data, may be accessed by unauthorized third parties when communicated between you and Pitney Bowes or between you and other parties.

17. Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Pitney Bowes, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Pitney Bowes. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

18. Changes to the Site

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

19. Information About You and Your Visits to the Site

All information we collect on this Site is subject to our Privacy Statement. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.

20. Dispute Resolution; Arbitration Agreement; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. IT LIMITS THE RIGHT TO OBTAIN DISCOVERY OTHER THAN AS PERMITTED BY THE JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR PITNEY BOWES WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

For purposes of this Section 20, “Pitney Bowes” shall include its subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns.

    A. MANDATORY NOTICE OF DISPUTE AND INFORMAL DISPUTE RESOLUTION PROCESS

If you and Pitney Bowes have a Dispute (defined below), you and Pitney Bowes agree to make a good faith effort to resolve the Dispute informally prior to initiating a formal arbitration proceeding. Before initiating an arbitration, you and Pitney Bowes each agree to first provide the other with a detailed written notice (“Notice of Dispute”). The Notice of Dispute must include (i) the name, telephone number, mailing address, and email address of the person or entity providing the notice; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and (iv) an accurate, good-faith calculation of the amount in controversy.

If you provide a Notice of Dispute to Pitney Bowes, the Notice of Dispute must be mailed via first-class mail, FedEx, or UPS to: Pitney Bowes, ATTN: Legal Department, 3001 Summer Street, Stamford, CT 06926. Your Notice of Dispute must include your personal signature. If Pitney Bowes provides you with a Notice of Dispute, Pitney Bowes will mail the notice via first-class mail, FedEx, or UPS to the billing address associated with your account and/or billing information (the “Notice Address”). If Pitney Bowes is unable to reach you at the Notice Address, it may provide a Notice of Dispute to you via email at the email address associated with your account.

If requested by the party that receives the Notice of Dispute, the other party must personally appear at and participate in a telephone settlement conference (if a party is represented by counsel, counsel may also participate) to discuss the Dispute.

For a period of sixty (60) days from the date of receipt of a complete Notice of Dispute, you and Pitney Bowes agree to make attempts to resolve the Dispute prior to commencing an arbitration and not to commence an arbitration proceeding until the sixty (60)-day post-notice resolution period expires, which period may be extended by agreement of the parties. If an agreement cannot be reached within sixty (60) days of receipt of the Notice of Dispute, you or Pitney Bowes may commence an arbitration proceeding, pursuant to the procedure outlined below. Compliance with and completing this informal dispute resolution process is a condition precedent to filing any formal dispute resolution proceeding, including a demand for arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal dispute resolution process.

    B. ARBITRATION AGREEMENT

IF WE ARE UNABLE TO RESOLVE ANY DISPUTE THROUGH THE INFORMAL DISPUTE RESOLUTION PROCESS, YOU AND WE AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND ANY PITNEY BOWES PARTIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARENTS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THE SITES, TO THE USE OR ACCESS THEREOF, TO THE EQUIPMENT, SERVICES, MATERIALS, PROMOTIONS, PROGRAMS OR OTHER FEATURES OFFERED ON OR THROUGH THE SITES, AND/OR TO THE APPLICATION, ENFORCEABILITY, SCOPE, OR INTERPRETATION OF THIS AGREEMENT TO ARBITRATE ("DISPUTES"), SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION. THE SOLE EXCEPTIONS TO THIS REQUIREMENT ARE THAT (I) YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY, AS LONG AS THE MATTER REMAINS IN SUCH COURT AND IS NOT REMOVED OR APPEALED TO A COURT OF GENERAL JURISDICTION AND ADVANCES ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE BASIS); AND (II) EACH PARTY MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. DISPUTE WILL BE GIVEN THE BROADEST POSSIBLE MEANING PERMITTED BY LAW. IT INCLUDES CLAIMS THAT AROSE BEFORE THIS OR ANY PRIOR AGREEMENT OR THAT ARISE AFTER ANY SUCH AGREEMENTS.

ALL DISPUTES SHALL BE DETERMINED BY BINDING ARBITRATION (1) ADMINISTERED BY JAMS, PURSUANT TO THE JAMS STREAMLINED ARBITRATION RULES & PROCEDURES EFFECTIVE JUNE 1, 2021 (THE “JAMS RULES”), AND AS MODIFIED BY THESE TERMS OF USE TO ARBITRATE; (2) CONDUCTED BY A SINGLE, NEUTRAL ARBITRATOR; AND (3) TAKE PLACE TELEPHONICALLY UNLESS AN IN-PERSON HEARING IS SPECIFICALLY REQUESTED BY EITHER PARTY. IF AN IN-PERSON HEARING IS REQUESTED, SUCH IN-PERSON HEARINGS SHALL TAKE PLACE IN THE COUNTY OF THE BILLING ADDRESS ASSOCIATED WITH YOUR ACCOUNT, OR THE COUNTY WHERE YOU RESIDE, IN THE INSTANCE WHERE NO ACCOUNT EXISTS. TO THE EXTENT THAT THIS AGREEMENT TO ARBITRATE CONFLICTS WITH THE JAMS POLICY ON CONSUMER ARBITRATIONS PURSUANT TO PRE-DISPUTE CLAUSES MINIMUM STANDARDS OF PROCEDURAL FAIRNESS (THE “MINIMUM STANDARDS”), THE MINIMUM STANDARD IN THAT REGARD WILL APPLY.

The JAMS Rules are available on its website at http://www.jamsadr.com/rules-streamlined-arbitration/ or by calling JAMS at 800-352-5267. To commence an arbitration, a Demand for Arbitration is required to be executed pursuant to the instructions provided by JAMS to submit a Dispute for arbitration. Service of the Demand for Arbitration on you will be sent to the Notice Address.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief, or statutory damages), and must follow the terms of these Terms of Use.

Except as expressly provided in this Dispute Resolution section, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any Dispute relating to the interpretation, applicability, enforceability, or formation of this Dispute Resolution section including, but not limited to, a claim that all or any part of it is void or voidable. The parties shall be responsible for their own attorneys' fees and costs in arbitration, unless they are authorized by law or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith. The arbitrator shall have the authority under Federal Rule of Civil Procedure 11 to issue sanctions against any party and counsel as a court would. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator. Notwithstanding anything to the contrary, Pitney Bowes will pay all fees and costs that we are required by law to pay.

BECAUSE THE PRODUCTS AND SERVICES PROVIDED TO YOU BY PITNEY BOWES CONCERN INTERSTATE COMMERCE, THE FEDERAL ARBITRATION ACT (“FAA”) GOVERNS THE ARBITRABILITY OF ALL DISPUTES. HOWEVER, APPLICABLE CONNECTICUT STATE OR U.S. FEDERAL LAW MAY ALSO APPLY TO THE SUBSTANCE OF ANY DISPUTES. YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL.

    C. NO CLASS ACTIONS

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE AGREE THAT ANY AND ALL DISPUTES WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS, COLLECTIVE OR REPRESENTATIVE ACTION. NEITHER YOU NOR WE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION OR ARBITRATE ANY DISPUTE AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Further, unless both you and Pitney Bowes expressly agree otherwise, the arbitrator may not consolidate more than one person’s claim and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding.

If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Section 20, the arbitrator may not issue a "public injunction" and any such "public injunction," if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. If this prohibition of class, representative, or consolidated arbitration is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.

D. Except as specifically provided in this Section, if any part or parts of the mandatory informal dispute resolution process, arbitration agreement, class action waiver, is/are found by a court of competent jurisdiction to be invalid or unenforceable as to your Dispute, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of this section shall continue in full force and effect. The mandatory informal dispute resolution process, arbitration agreement, and class action waiver will survive the termination of these Terms.

21. Waiver and Severability

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

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent required, and the remaining provisions of the Terms of Use will continue in full force and effect.

22. Choice of Law and Jurisdiction

The validity and interpretation of these Terms of Use, and the legal relations of the parties to it, will be governed by the laws of the State of Connecticut without regard to its conflict of laws principles.

23. Entire Agreement

These Terms of Use and our Privacy Statement constitute the sole and entire agreement between you and Pitney Bowes regarding your use of the Site, provided however that you may from time to time use additional products and services at the Site that are subject to separate terms and conditions which will be provided at the time of purchase and/or use.

24. Transfer and Assignment

These Terms of Use and the rights and obligations hereunder may not be assigned, in whole or in part, by you without the written consent of Pitney Bowes. Pitney Bowes may freely assign these Terms of Use without notice to you. These Terms of Use will be binding upon, and inure to the benefit of, the successors, representatives and permitted assigns of the parties hereto.

25. Third Party Beneficiary

You and Pitney Bowes acknowledge and agree that Apple, Inc. and Apple’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof. No other third party beneficiaries are permitted hereunder.

26. Contacting Us; California Residents

This Site is operated by Pitney Bowes, 3001 Summer Street, Stamford CONNECTICUT 06926 U.S.A.

You can provide feedback, comments and other communications relating to the Site or these Terms of Use by contacting us.

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.