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TERMS OF SERVICE

Quadient, Inc. along with its affiliates (collectively, “Quadient”, “We”, “Our”, or “Us”) provide a parcel retrieval and storage service that allows registered account holders (“You” or “Your”) to access and utilize Quadient’s parcel lockers and, if applicable, purchase additional services at Quadient locker locations.

By clicking “I accept”, You accept these Terms of Service (“Terms”), which govern Your use of Our Service. As used in these Terms, “Service” or “Services” means the service provided by Quadient for using the Quadient products, including all features and functionalities, Quadient locker terminals, mobile applications, the website, and user interfaces, as well as all content and software associated with Our Service.

Personally identifying information is subject to Our Privacy Statement and California Resident Privacy Notice (together, the “Privacy Notices”), the terms of which are incorporated herein. If You do not agree with the applicable Privacy Notices, You are not authorized to use the Services.

PLEASE CAREFULLY READ THESE TERMS AND PRIVACY NOTICES before using the Services.

  1. ACCEPTANCE OF TERMS OF SERVICE

By accessing the Services, You acknowledge that You have read, understood and agree to be bound by these Terms and Privacy Notices which form an agreement that is effective as if You had signed it. If at any time You do not agree to these Terms and Privacy Notices, please do not access or use the Services.

Section 17 includes an agreement that you and Quadient will resolve any disputes in binding, individual arbitration, and not in court.  This means you and Quadient are giving up the right to go to court, to have a dispute decided by a jury, and to participate in class action lawsuits against each other.

These Terms may be revised or updated by Us from time to time. Accordingly, You should check the Terms regularly for updates. Each time You access or use the Services, You signify Your acceptance of the then-current Terms. Any changes in these Terms take effect upon posting and apply only to Your use of the Services and information collected from You on and after the Last Revised date, unless We provide notice or have other communications with You.

  1. AGE RESTRICTIONS

You must be at least 18 years old to enter into this agreement and to use, including to create an account for use of, the Services. If we acquire actual knowledge, or are informed by a third-party, that You are under the age of 18, Your account and Your ability to use and access the Services will be terminated.

  1. PERMITTED USE OF SERVICES

The Quadient Services are for Your personal and non-commercial use only and account access may not be shared with other individuals. Account access by Services or property administrators shall not be deemed a prohibited commercial use.

You shall not insert any noxious or destructive materials in the Quadient lockers or otherwise damage or interfere with the proper functioning of the Quadient lockers.

  1. PAYMENT

In the event Your property has chosen to implement registration, late package pick-up, late payment, or other fees, You may incur fees for Your use of the Service which will be charged to you directly by Us. Additionally, You may incur other charges in connection with Your use of the Service such as taxes and possible transaction fees. These fees will be charged to Your provided payment method. Quadient collects these payments, which may be on behalf of the property.

All users who are residents of properties which have fees are required to complete registration and provide a valid payment method either via the Quadient resident website (my.parcelpending.com) or via the mobile app (iOS and Android).

You must provide one or more valid Payment Methods. You authorize us to charge any Payment Method associated to Your account in case Your primary Payment Method is declined or no longer available to Us for payment. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or other reasons, We may suspend Your access to the Service until We have successfully charged a valid Payment Method.

  1. COMMUNICATIONS PREFERENCES

We will send You information relating to Your account (e.g. registration invitations, registration reminders, package delivery notifications, pickup reminders, invoices, changes in password or Payment Method, confirmation messages, notices, etc.) in electronic form only, either by email or SMS text message by utilizing the contact information that you provide to us during registration. We use Your email and phone number only for providing services on Your behalf, and We do not sell Your personal data to any third party for marketing purposes. You agree that any notices, agreements, disclosures or other communications that We send to You electronically will satisfy any legal communication requirements, including that such communications be in writing.

  1. ACCOUNT ACCESS

The authorized user who created the Quadient account or whose Payment Method is charged (the “Account Owner”) shall have sole access and control over the Quadient account and is responsible for any activity that occurs through the Quadient account, including activities performed by authorized designated minor users.

You authorize Quadient to act on instructions received through use of Your password, and agree that Quadient is not liable for any loss or damage arising out of Your failure to comply with this Section. You agree to immediately notify Quadient of any unauthorized use of Your password or any other breach of security. We can terminate Your account or place Your account on hold in order to protect You, Quadient or Our partners from identity theft or other fraudulent activity.

  1. INTELLECTUAL PROPERTY

The content available through the Services , including without limitation text, graphics, logos, icons, images, media, data, audio, animation, videos, charts, maps, software and other information and materials (collectively, the “Content”) is the sole and exclusive property of Quadient and/or its licensors or affiliates.

You acknowledge and agree that, as between Quadient and You, all rights, title, and interest in and to the Services and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Quadient and/or its licensors or affiliates, are valid and enforceable, and are protected by applicable domestic and international laws.

You agree not to produce, duplicate, modify, copy, sell, resell or exploit for any commercial or non-commercial purpose, any portion of the Services or the Content other than as expressly authorized by Quadient in writing. Use of the Services or the Content in any way not expressly permitted by these Terms is prohibited, and may be actionable under United States or international law. You agree not to access the Services by any means other than through Our locker touchscreen display, a standard web browser accessing my.parcelpending.com, or via Our mobile app.

You may not duplicate, publish, display, modify, distribute, perform, reproduce, copy, sell, resell, exploit or create derivative works from any part of the Services or Content unless expressly authorized by Quadient in writing. You agree that You will not remove, obscure, or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or marks, or logos contained on the Services or in the Content.

COPYRIGHT. All Content included in the Services is the copyright and property of Quadient or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Services for the sole purpose of using the Services as a personal or internal resource or otherwise for its intended purposes. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Services, is strictly prohibited.

TRADEMARKS. The trademarks, service marks, logos, slogans, trade names and trade dress used on the Services are proprietary to Quadient and/or its licensors or affiliates. Unauthorized use of any trademark of Quadient or its affiliates (e.g. Quadient) may be a violation of federal or state trademark laws. Any third-party names or trademarks referenced in the Services do not constitute or imply affiliation, endorsement or recommendation by Quadient, or of Quadient by the third parties.

  1. USER GENERATED CONTENT

Communications Services: We may have a Facebook, Twitter, YouTube, or other social media page and the Services may have associated blogs, chat areas, forums, comments, rankings, sweepstakes, contests, games, communities, calendars, and/or other message or communication facilities that are designed to enable You and others to communicate with Quadient and other users of the Services (collectively, “Communication Services”). You acknowledge that Your submissions to the Services may be or become available to others. You agree only to post, send, and receive messages and materials that are proper and related to the particular Communication Service and to adhere to these Terms.

Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms. This list is not meant to be exhaustive, and Quadient reserves the right to determine what types of conduct it considers to be inappropriate use of the Service. In the case of inappropriate use, Quadient or its designee may take such measures as it determines at its sole discretion.

By way of example, and not as a limitation, You agree that when using a Communication Service, You will not:

  1. Use the Services or the Content for any purpose or to take any actions in violation of local, state, national, or international laws, regulations, codes, or rules.
  2. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  3. Take any action that imposes an unreasonable or disproportionately large load on the Service’s infrastructure or otherwise in a manner that may adversely affect performance of the Services or restrict or inhibit any other user from using and enjoying the Communication Services or the Services.
  4. Use the Services for unauthorized framing or linking, or via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content.
  5. Aggregate, copy, duplicate, publish, or make available any of the Content to third parties outside the Services in any manner.
  6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material, content, or information.
  8. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless You own or control the rights, titles, or interests thereto or have received all necessary consents or rights.
  9. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  10. Use any Services to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
  11. Harvest or otherwise collect information about others, including email addresses, without their consent.
  12. Falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source.
  13. Engage in any other action that, in the judgment of Quadient, exposes it or any third party to potential liability or detriment of any type.

User Materials:

Any content or views submitted or otherwise made available by users through the Services (“User Materials”) are strictly those of the originating author, who is solely responsible for the submitted content. Use of or reliance on User Materials is entirely at Your own risk. Quadient does not endorse any User Materials nor vouch for their reliability. Under no circumstances will Quadient be liable in any way for any User Materials. You acknowledge that Quadient may or may not pre-screen User Materials, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, edit, modify, delete and/or move any User Materials that are available via the Services. Without limiting the foregoing, Quadient and its designees have the right to remove any User Materials that violate these Terms or are otherwise objectionable in Quadient’s sole discretion. Quadient shall have no liability for such removal. You understand that by using the Services, You may be exposed to User Materials that You may consider offensive or objectionable. You agree that You must evaluate, and bear all risks associated with, the use of or exposure to any User Materials posted by others. You further acknowledge and agree that You will not rely on any Content or User Materials available on or through the Services.

Submissions: You are solely responsible for the User Materials that You post, share, email, transmit or otherwise make available via a Services (“Submission”). All Submissions are subject to these Terms. Quadient is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.

By making a Submission, You represent and warrant that Your Submission is true, Your own original work, and does not infringe any other person’s or entity’s rights, and that You and any other person mentioned or shown in Your Submission release any and all claims concerning Quadient’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must own all rights, title, and interest, including copyright, to Your Submission, and must hold all necessary releases concerning the contents of Your Submission and consents and rights to post, distribute, or transmit Your Submission. You agree that You must evaluate, and bear all risks associated with, Your disclosure of any Submission. By making a Submission, You grant Quadient and its licensees, assignees and designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display Your Submission (in whole or in part), along with Your name or any part thereof and city/town/village of residency, in Quadient’s discretion, on the Services or elsewhere, and to use or incorporate all or any part of Your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of Your Submission.

  1. LINKS

Links to Other Websites and Search Results: The Services may contain links to websites operated by other parties. Quadient provides these links to other websites as a convenience, and Your use of these sites is at Your own risk. The linked sites are not under the control of Quadient which is not responsible for the content available on third party sites. Such links do not imply endorsement of information or material on any other site and Quadient disclaims all liability with regard to Your access to, use of or transactions with such linked websites. You acknowledge and agree that Quadient shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

  1. MODIFICATION TO THE SERVICES

Quadient reserves the right at any time and from time to time to modify, suspend, or discontinue, temporarily or permanently, the Services, or any portion thereof, with or without notice. You agree that Quadient will not be liable to You or to any third party for any modification, suspension, or discontinuance of any Services.

  1. SUSPENSION AND TERMINATION RIGHTS

Quadient reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate Your access to the Services or any part thereof for any reason, including without limitation any breach by You of these Terms. You agree that Quadient shall not be liable to You or any third party for any such suspension or termination.

  1. DISCLAIMER

THE SERVICES AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS, SWEEPSTAKES, CONTESTS, DRAWINGS, OR OTHER ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE WEBSITE OR OUR SOCIAL MEDIA SITES, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUADIENT AND ITS LICENSORS, SUPPLIERS AND RELATED PARTIES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK.

  1. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QUADIENT AND ITS RELATED PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, YOUR USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH OUR SERVICE. IN NO EVENT SHALL QUADIENT OR ANY OF ITS LICENSORS, SUPPLIERS OR RELATED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF QUADIENT ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR OUR SERVICE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR SERVICES ON OR THROUGH OUR SERVICE SHALL NOT EXCEED FIFTY DOLLARS (U.S.). Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be enforced to the maximum extent permitted by applicable law.

  1. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD QUADIENT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE SERVICE, WEBSITE, AND/OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS OF SERVICE, ANY APPLICABLE LAWS, OR THE RIGHTS OF QUADIENT OR ANY THIRD PARTY.

  1. NOTICE REQUIRED BY CALIFORNIA LAW

Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice: The name, address and telephone number of the provider of this Services is Quadient, Inc., 210 Progress, Suite 100, Irvine, CA 92618 or 855-316-4756. Complaints regarding the Site or Content or requests to receive further information regarding use of this Site or Content may be sent to the above address or to info@parcelpending.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

  1. GOVERNING LAW

These Terms are governed by, and will be construed under, the laws of the United States and the State of Connecticut, without regard to choice of law principles, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act.  To the fullest extent allowed by applicable law, by using the Services, you waive any claims that may arise under the laws of other states, provinces, countries, territories, or jurisdictions.

The Services are controlled within the United States of America and directed to individuals residing in the United States. Those who choose to access the Services from locations outside of the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. Quadient does not represent that the Services or Content are appropriate outside the United States of America. Quadient reserves the right to limit the availability of the Services to any person, geographic area or jurisdiction at any time in its sole discretion.

  1. DISPUTE RESOLUTION, BINDING ARBITRATION, AND CLASS ACTION WAIVER

Except where prohibited by applicable law, you and Quadient agree to resolve all “Disputes” arising out of or relating to these Terms, the Privacy Notices, the Services or their Content by binding, individual (non-class, non-consolidated, and non-multiple claimants) arbitration administered by the American Arbitration Association (the “AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”).  Arbitration is an alternative dispute resolution procedure that allows us to resolve issues without going to court.  Any dispute between you and Quadient will be submitted to a neutral arbitrator (not a judge or jury) for fair and fast resolution.  The right to appeal from an arbitrator’s decision is very limited.  The AAA Rules, including instructions for how to initiate arbitration, are currently available at https://adr.org and https://adr.org/sites/default/files/Consumer%20Rules.pdf. If these links do not bring you to the AAA Rules, you should use a search engine (such as Google) to search for “American Arbitration Association Consumer Arbitration Rules”.

“Dispute” means any dispute, claim, or controversy (excluding those exceptions listed below) for which you or Quadient seeks legal recourse against or involving the other, including the validity, enforceability, applicability, scope, or meaning of this agreement to arbitrate or any portion of it, and including claims that arose before this or any prior agreement or that arise after the termination of the Terms. The term “Dispute” will be given the broadest possible meaning permitted by law. The involvement of a third party which or who is not a party to this agreement to arbitration shall not affect, prevent, or destroy your or Quadient’s right to have Disputes arbitrated pursuant to this agreement.

Only the following Disputes are exempt and excepted from the arbitration requirement: (1) complaints you wish to make to a government agency; (2) small claims court actions; (3) claims related to intellectual property infringement; (4) claims related to the enforceability of the requirement that arbitrations must be conducted on an individual basis only; (5) actions to compel arbitration or to uphold or enforce any prior arbitration decision, and (6) all Disputes and claims related thereto that are not subject to arbitration pursuant to these Terms and which are not included in the preceding subparagraphs (1) through (5) which shall be settled in accordance with decision of the referee rendered as provided for in Part 1, Title 8, Chapter 6, § 638(a) of the California Code of Civil Procedure, or any successor California statute governing resolution of disputes by a court-appointed referee without a jury. Further, you or Quadient may seek an injunction in court on an individual (non-class) basis to preserve the status quo between us for the entire period until we resolve the Dispute in arbitration.

A. Arbitration Procedure and Location

For matters which the arbitrator determines a hearing to be necessary, hearings shall be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is required, and you reside in the United States, the hearing will take place in New Haven County, Connecticut, unless the arbitrator determines that this would pose a hardship for the claimant, in which case the in-person hearing may be conducted in the claimant’s state and county of residence.  If you and Quadient are unable to agree on a location, the neutral arbitrator shall determine the location.

The time by which an arbitration shall be commenced shall be determined by reference to the applicable statute(s) of limitations, including the applicable rules governing the commencement of the limitations period, and a claim in arbitration is time-barred to the same extent it would be barred if it were asserted in court of law or equity rather than in arbitration.  Nothing in the foregoing shall, however, preclude a party from defending a claim based on the failure to commence an arbitration based on laches, equitable estoppel, or other equitable defenses.

B. Consumer Arbitration Fees and Costs

If you initiate an arbitration against us, you must pay the AAA filing fee required for consumer arbitrations in an amount no greater than the fee you would have to pay if you filed a complaint in federal court.  Quadient will pay any remaining costs or arbitration required by the AAA Rules.  However, if the arbitrator determines your claims are frivolous, you shall bear all arbitration costs.  If Quadient initiates arbitration against you, Quadient will pay the AAA filing fee and arbitration costs.

Each party will pay his/her/its own attorney’s fees, as well as costs relating to proof and witnesses, regardless of who prevails, unless applicable law and/or the AAA Rules gives a party the right to recover any of those fees from the other party.  An award will be enforceable under the Federal Arbitration Act by any court having jurisdiction.

C. Class Action Waiver

Without limiting the foregoing, You agree that to the fullest extent permitted by law: (1) no claims by You shall be joined with any other and You agree not to participate in any claim brought by others; (2) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (3) You have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that any dispute between You and Quadient arising out of or relating to these Terms, the Privacy Notices, the Services or their Content will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against Quadient.

D. Severability

If all or any provision of this Section 17 or part thereof is found invalid, unenforceable, or illegal, then you and Quadient agree that the provision or part will be deemed severed, and the rest of these Terms shall remain in effect and be construed as if any severed provision or part had not been included. The sole exception is that if the prohibition on class arbitrations is found invalid, unenforceable, or illegal, you and Quadient agree that this entire agreement to arbitrate will be void and unenforceable and any dispute will be resolved in court subject to the venue and choice of law clauses specified herein.

E. 30-Day Right to Opt Out

You have the right to opt out of and not to be bound by the binding, individual arbitration provisions set forth in these Terms. To exercise this right, you must send written notice of your decision to Quadient at 210 Progress, Suite 100, Irvine, CA 92618. Your notice must include your name, mailing address, and email address associated with your account with us, and state that you do not wish to be bound by the Binding Individual Arbitration provisions set forth in these Terms. TO BE EFFECTIVE, THIS NOTICE MUST BE POSTMARKED OR DEPOSITED WITHIN 30 DAYS OF THE DATE ON WHICH YOU FIRST ACCEPTED THESE TERMS UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW; OTHERWISE YOU WILL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THIS SECTION. You are responsible for ensuring that we receive your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these provisions, we will not be bound by them with respect to Disputes with you.

F. Survival of Arbitration Provision

Except as provided in Section E if you opt-out, this Section 17 shall specifically survive any termination or expiration of this agreement or your account with Quadient.

  1. FORCE MAJEURE

Quadient shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, flood, earthquake, accidents, strikes, war, terrorism, disease or pandemics, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor or materials.

  1. MISCELLANEOUS

These Terms and the applicable Privacy Notices set forth the entire understanding and agreement between You and Quadient with respect to the subject matter hereof. Without limiting any other provision of these Terms with respect to severability, if any provision of the Terms or the Privacy Notices is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms or the Privacy Notices shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Quadient’s failure to act with respect to any failure by You or others to comply with these Terms or the Privacy Notices does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms or the Privacy Notices or Your rights or obligations under these Terms or the Privacy Notices without the prior written consent of Quadient, and any assignment or transfer in violation of this provision shall be null and void. There are no third-party beneficiaries to these Terms or the Privacy Notices.  These Terms shall survive and apply to any claim brought following the termination or expiration of your account with Quadient.

Last Revised Date: April 24, 2025