Acceptance of Terms of Use
These Terms of Use govern your use of the Cartridge by Mail service and web site. By using, visiting, or browsing the Cartridge by Mail web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should not use the Cartridge by Mail service or web site.
These Terms of Use are an ongoing contract between you and Cartridge by Mail and apply to your use of the Cartridge by Mail service and web site. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use
Cartridge by Mail reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the Terms of Use link located at the bottom of the pages of the Cartridge by Mail web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the Cartridge by Mail web site or continued use of our service after changes are made means that you agree to be bound by such changes.
Privacy
Any information submitted on the Cartridge by Mail Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.
How Our Service Works
Cartridge by Mail is an online printer cartridge exchange service. Our service allows users to exchange their empty inkjet printer cartridge for the equivalent recycled (remanufactured, recharged) printer cartridge. There are no shipping charges for standard level shipping methods (U.S. Mail). The user must first use the Cartridge by Mail web site to activate their mailing box SKU number and print their free postage and shipping label before mailing the empty cartridge. Once the cartridge is received at the Cartridge by Mail facility it will be inspected for physical damage. Cartridges that are free of physical damage will be exchanged. At that time the equivalent recycled replacement cartridge will be mailed to the user.
Below is a description concerning the operation of our service. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service.
The Number of Cartridges You Can Exchange
Each Cartridge by Mail mailing box allows the user to exchange a single empty inkjet printer cartridge, and is good for only one use. Additional mailing boxes and SKU numbers are required for additional cartridges or additional uses.
Delivery Speed
We currently utilize a single, centrally located, distribution center to send and receive printer cartridges you have selected to exchange through the U.S. Postal Service. Based on performance data from the U.S. Postal Service, and our own analysis, we have determined that the large majority of our subscribers are able to receive their replacement printer cartridges in 3-10 days from the day they are mailed to us. The delivery times you encounter may vary based on a number of different factors. We will send you an email letting you know when you have successfully activated your mailing box SKU number, when we have received your empty printer cartridge, and when we have shipped your replacement cartridge.
Multiple Mailing SKU Activation
Provided you have multiple Cartridge by Mail mailing box SKU’s to activate, our online activation system will allow you to activate all concurrently. For your convenience the data you provided for your previous activation will be carried to your next activation. We suggest you review this information and modify as necessary.
Delivery and Return of Printer Cartridges
Various factors exist that may affect delivery times, they include, but are not limited to, (a) the distance between the location your empty cartridge was mailed from and the Cartridge by Mail distribution center, (b) the distance between the distribution center from where your cartridge was shipped and your delivery address, (c) the day of week your empty cartridge or replacement cartridge was mailed, (d) circumstances impacting delivery by the U.S. Postal Service, and (e) any unplanned downtime of our computer systems.
We receive mail from the USPS and process returns Monday through Friday, except Holidays. Generally all of the returns are processed on the same day received. We will send an email to you soon after processing your return, and another email letting you know when we have shipped your replacement printer cartridge. We make no guaranty as to the shipping and delivery of replacement printer cartridges and may, in our sole and absolute discretion, change our business practice regarding allocation, delivery and shipping, without notice. We may from time to time revise these Terms of Use but we will not necessarily provide you notice of the revisions. It is up to you to review the Terms of Use frequently to determine if there have been changes. We believe that our operational practices, including how we prioritize shipping and inventory allocation among our users, provide a great value to all our users.
Disclaimers of Warranties and Limitations on Liability
The Cartridge by Mail service and web site and its contents are provided "as is" and we make no representations or warranties of any kind with respect to the Cartridge by Mail web site, its contents or our service. We assume no liability or responsibility for any errors or omissions in the content of the Cartridge by Mail Web site, any failures, delays, or interruptions in the shipment of printer cartridges, delivery of any content contained on the Cartridge by Mail web site, any losses or damages arising from the use of the content provided on the Cartridge by Mail web site, or any conduct by users of the Cartridge by Mail service or web site. We reserve the right to ship printer cartridges in our sole and absolute discretion. We disclaim all representations and warranties, including, for example, warranties of merchantability, fitness for a particular purpose, and non-infringement. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current.
In no event shall Cartridge by Mail, its directors, officers, or employees be liable (jointly or severally) to you for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the Cartridge by Mail web site, its contents or our service. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
Intellectual Property
Copyright
All content included on the Cartridge by Mail web site and delivered to users as part of the service, including text, graphics, logos, designs, photographs, button icons, images, data compilations, and software, is the property of Cartridge by Mail or its suppliers and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Cartridge by Mail and protected by U.S. and international copyright laws. Content shall not be reproduced or used without express written permission from Cartridge by Mail. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Cartridge by Mail web site, not to insert any code or product or manipulate the content of the Cartridge by Mail web site in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method. Cartridge by Mail reserves the right to terminate your use hereunder if Cartridge by Mail, in its sole and absolute discretion, believes that you are in violation of this paragraph, such violations include the copying or other unauthorized use of our proprietary content. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content on the Cartridge by Mail web site.
Trademarks
Cartridge by Mail is a registered trademark of RENEW Imaging, Inc. The Cartridge by Mail logo and cartridgebymail.com are trademarks or service marks of RENEW Imaging, Inc. The Cartridge by Mail web site, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of RENEW Imaging, Inc. The trademarks, service marks and trade dress of Cartridge by Mail may not be used or reproduced without prior written approval from Cartridge by Mail or RENEW Imaging, Inc and may not be used in connection with any product or service that is not affiliated with Cartridge by Mail, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of Cartridge by Mail, or in any manner that disparages or discredits Cartridge by Mail. The Sonic Eagle and Mailbox logos are trademarks of the United States Postal Service and are used only with the permission of the United States Postal Service (USPS is not affiliated with, connected to, sponsored by, or a sponsor of, Cartridge by Mail.) Other trademarks that appear on the Cartridge by Mail Web site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cartridge by Mail. Any images of persons or personalities contained on the Cartridge by Mail Web site are not an indication or endorsement of Cartridge by Mail or any particular product or our service unless otherwise indicated.
Brother® is a registered trademark of Brother Industries Ltd. Brother® has not sponsored or approved the Cartridge by Mail service or the recycled replacement cartridges we offer. The trademarks and model numbers of Brother® are identified for compatibility purposes only. Cartridge by Mail and the replacement cartridges we offer are not affiliated with Brother®.
Canon®, BCI®, BJI®, BJC® are registered trademarks of Canon Kabushiki Kaisha. Canon® has not sponsored or approved the Cartridge by Mail service or the recycled replacement cartridges we offer. The trademarks and model numbers of Canon® are identified for compatibility purposes only. Cartridge by Mail and the replacement cartridges we offer are not affiliated with Canon®.
Dell® is a registered trademark of Dell, Inc. Dell® has not sponsored or approved the Cartridge by Mail service or the recycled replacement cartridges we offer. The trademarks and model numbers of Dell® are identified for compatibility purposes only. Cartridge by Mail and the replacement cartridges we offer are not affiliated with Dell®.
Epson® and Epson Stylus® are registered trademarks of Seiko Epson Kabushiki Kaisha. Epson® has not sponsored or approved the Cartridge by Mail service or the recycled replacement cartridges we offer. The trademarks and model numbers of Epson® are identified for compatibility purposes only. Cartridge by Mail and the replacement cartridges we offer are not affiliated with Epson®.
hp® is a registered trademark of Hewlett-Packard Company. Hewlett Packard® has not sponsored or approved the Cartridge by Mail service or the recycled replacement cartridges we offer. The trademarks and model numbers of Hewlett Packard® are identified for compatibility purposes only. Cartridge by Mail and the replacement cartridges we offer are not affiliated with Hewlett Packard®.
Lexmark® is a registered trademark of Lexmark® International, Inc. Lexmark® has not sponsored or approved the Cartridge by Mail service or the recycled replacement cartridges we offer. The trademarks and model numbers of Lexmark® are identified for compatibility purposes only. Cartridge by Mail and the replacement cartridges we offer are not affiliated with Lexmark®.
Xerox® is a registered trademark of Xerox® Corporation. Xerox® has not sponsored or approved the Cartridge by Mail service or the recycled replacement cartridges we offer. The trademarks and model numbers of Xerox® are identified for compatibility purposes only. Cartridge by Mail and the replacement cartridges we offer are not affiliated with Xerox®.
Web site Content
We distribute inkjet printer cartridges via direct mail and we reserve the right to display and promote our services, products, or other information on our web site to you in any manner we choose in our sole and absolute discretion. Under no circumstances shall Cartridge by Mail, its directors, officers, or employees be held liable for any loss or damage caused by your reliance on information obtained through the Cartridge by Mail web site. It is your responsibility to evaluate the information, opinion, advice, or other content available through the Cartridge by Mail web site.
Use of Information Submitted
Cartridge by Mail is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to Cartridge by Mail ("Content"), including, without limitation, responses to questionnaires or through postings to the Cartridge by Mail web site without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Cartridge by Mail web site or other web sites. Furthermore, by submitting any Content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the Content submitted in any media, software or technology of any kind now existing or developed in the future.
Please note Cartridge by Mail does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Cartridge by Mail. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against Cartridge by Mail and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.
Service Testing
From time to time, we test various aspects of our service, including service levels, promotions and pricing, and we reserve the right to include you in or exclude you from these tests without notice.
Electronic Communications
By using the Cartridge by Mail service, you consent to receiving electronic communications from Cartridge by Mail. These communications will include notices about your cartridge exchange and information concerning or related to our service. These communications are part of your relationship with Cartridge by Mail and you receive them as part of the Cartridge by Mail service. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Your Conduct on the Cartridge by Mail web site
By accessing the Cartridge by Mail web site, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Cartridge by Mail web site. You also agree not to interfere with the servers or networks connected to the Cartridge by Mail web site or to violate any of the procedures, policies or regulations of networks connected to the Cartridge by Mail web site, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Cartridge by Mail web site, conduct yourself in a vulgar or offensive manner while using our service, or use the Cartridge by Mail web site for any unlawful purpose.
Limitations on Use
You must be 18 years of age or older to use the Cartridge by Mail service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While Cartridge by Mail does distribute products that may be used by children, we do not intentionally seek to collect information from individuals 13 years of age and younger. Unless otherwise specified, the content on the Cartridge by Mail web site is for your personal and non-commercial use and we grant you a limited license to access the Cartridge by Mail web site for that purpose. You may not download (other than through page caching necessary for personal use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the Cartridge by Mail web site without our express written consent. Cartridge by Mail does not promote any infringing activities. Any unauthorized use of the Cartridge by Mail web site or its contents will terminate the limited license granted by us.
Right to Terminate
We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.
Links
Some of the hyperlinks and banners on the Cartridge by Mail web site may lead to other web sites that are not controlled by, or affiliated with, Cartridge by Mail. In addition, other web sites may link to the Cartridge by Mail web site. Cartridge by Mail has not reviewed these web sites and is not responsible for the content or privacy policies of these Web sites.
Claims of Copyright Infringement
It is the policy of Cartridge by Mail to respect the intellectual property rights of others. Cartridge by Mail does not promote, foster or condone copyright infringement. If you believe your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Cartridge by Mail web site, or know of someone who is making unauthorized use of the content of the Cartridge by Mail web site, please notify us of your concern by submitting a written notice to us at the following address:
Cartridge by Mail
2245 Enterprise Street Suite 110
Escondido, CA 92029
Attention: Legal Counsel
Your notice must be signed and contain the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material on the Cartridge by Mail web site that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material;
(iv) Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, if available, your email address;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(vi) A statement that the above information is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of the copyright that is allegedly infringed.
In order for your notice to us to be effective under the Digital Millennium Copyright Act, your notice must be in writing and contain the elements described above. For queries that are not related to copyright matters, please see other ways to contact us.
Page last updated: 11/28/2006 |
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