Terms of Use
Last Updated: November 20, 2025
1. Welcome
Welcome to SimpleCertifiedMail.com! SimpleCertifiedMail.com provides services designed and developed to facilitate the preparation and management of USPS Certified Mail, Priority Mail. Priority Express Mail, and First-Class Mailing Services through our website and our partners. Such services, along with services provided on this website (the “Services”).
This SimpleCertifiedMail.com Terms of Use (the “User Terms” or “Agreement”) is entered into by and between Simple Certified Mail Inc., a Delaware corporation (“SimpleCertifiedMail.com,” “we,” “us,” or “our”), and the party on whose behalf you accept this Agreement (individually and collectively, “Client,” “you,” “your,” or “User”).
Please review these User Terms carefully. By using the Services, you agree to all of the terms and conditions in these User Terms and they become a binding legal commitment between you and SimpleCertifiedMail.com. Sometimes in these User Terms we call you and us a “party” or together, the “parties.” There are other defined terms throughout these User Terms. You can tell if a term is being defined if it has quotation marks around it. Defined terms are capitalized when used again in the User Terms, except for when we refer to you/your/yours, us/we/ours, or party/parties.
IN THESE USER TERMS, YOU WAIVE YOUR RIGHTS TO PARTICIPATE IN A JURY TRIAL AS PROVIDED IN SECTION 6.
When Client visits the SimpleCertifiedMail.com Services, or sends e-mails, they are communicating electronically and by doing so they consent to receive related communications from us electronically. We will communicate with you by e-mail or by posting notices on the SimpleCertifiedMail.com Services. We reserve the right to update or modify these User Terms at any time without prior notice. We encourage you to visit this page regularly for any changes.
Client agrees that the electronic acceptance of this Agreement is intended to have the same force and effect as if this Agreement were physically signed. In addition, when using SimpleCertifiedMail.com Services, Client is subject to accept guidelines or rules applicable to the United States Postal Service (“USPS”) mail services. All such guidelines and rules applicable to such services are hereby incorporated by reference in this Agreement. The software, documentation, interfaces, content, and any data accompanying this Agreement are licensed, not sold, to you by SimpleCertifiedMail.com for use only under these terms. SimpleCertifiedMail.com retains the ownership of the SimpleCertifiedMail.com Services and all related software and reserves all rights not expressly granted to you herein.
2. The Services and the SimpleCertifiedMail.com Property
Our Ownership of the Services and the SimpleCertifiedMail.com Property
We own all of the following, which we sometimes collectively call the “SimpleCertifiedMail.com Property”:
- The Services,
- The “Platform,” which means the electronic systems, applications, and internet sites of the SimpleCertifiedMail.com, including https://www.simplecertifiedmail.com/ and others, and through which we offer and provide the Services;
- The “SimpleCertifiedMail.com Content,” which means content or other information created, derived, owned, or licensed by the SimpleCertifiedMail.com that we make available in connection with the Services or on the Platform; and
- “Usage Data,” which means any technical data or other information collected, created, derived, or aggregated by us about the use or performance of the Services or the Platform.
Between you and us, we own all right, title, and interest to the SimpleCertifiedMail.com Property, all components and derivative works of the SimpleCertifiedMail.com Property, all improvements to the SimpleCertifiedMail.com Property, all Feedback (defined in Section 3 below), and the copyrights, patents, trade secrets, trademarks, and other intellectual property rights pertaining to any aspect of the SimpleCertifiedMail.com Property. We reserve all rights in the SimpleCertifiedMail.com Property not expressly granted to you in these User Terms. You acquire no ownership interest, derivative work, or component of the SimpleCertifiedMail.com Property through your use of it. You are not granted right, title, or interest to use any trademark, service mark, logo, or trade name of SimpleCertifiedMail.com or SimpleCertifiedMail.com.
Errors, Inaccuracies, and Omissions
The Services, the Platform, or the SimpleCertifiedMail.com Content may contain typographical, technical, photographic, or other errors, inaccuracies, or omissions. We do not guarantee that the SimpleCertifiedMail.com Content or any other information contained in the Services or on the Platform is accurate, complete, or current. We have the right, but not the obligation to correct any errors, inaccuracies, or omissions.
Changes
You acknowledge that the Services, the Platform, or the SimpleCertifiedMail.com Content, including any feature, may be updated, upgraded, removed, or otherwise be subject to change in our sole discretion and without notice to you. You agree that we will not be liable to you or any third party for any change, suspension, or discontinuance of the Services, the Platform, the SimpleCertifiedMail.com Content, or any feature of them.
Third-Party Links and Services
The Services and Platform may include links, integrations, or connections to third-party websites, applications, services, or content. This inclusion does not imply review or endorsement by us; you proceed at your own risk when you use a third-party website, application, service, or content. We do not warrant, and are not responsible for, the services, products, statements, or claims made by or about a third party, or the actions or omissions of any third party. You must review and comply with any third-party terms of service or other provisions.
3. Your Use of the Services
Your Permitted Use
You must be 18 years of age or older to access or use the Services. As a parent or guardian, you may provide or make available personal information of your children to us via the Services, and, by doing so, you agree and consent to our collection and use of your children’s information.
The Services may only be used for the internal business purposes. You represent that you are 18 years of age or older, you are authorized to use the Services and you will only use the Services for internal business purposes.
Subject to and conditioned on your compliance with the terms and conditions of this Agreement, SimpleCertifiedMail.com grants to you a non-exclusive, non-sub licensable, revocable, non-transferable, limited right to license, to access the SimpleCertifiedMail.com Services to create, print and have placed in the United States Mail or with other delivery providers based upon the intended destination of such printed materials (“Printed Material”) in accordance with the terms of this Agreement. Such use is limited to Client’s internal use and solely for the purpose of Client’s internal business operations. Any rights not expressly granted to Client by this Agreement are reserved by SimpleCertifiedMail.com.
You must comply with all of the terms and conditions contained in these User Terms while you access or use the Services, the Platform or other SimpleCertifiedMail.com Property.
Proprietary Rights
The SimpleCertifiedMail.com Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. All intellectual property rights (“Intellectual Property”) associated with the SimpleCertifiedMail.com Services are the sole property of their respective owners.
The SimpleCertifiedMail.com Services are protected by copyright and other laws in both the United States and other countries. In addition, the SimpleCertifiedMail.com Services are presented with a distinctive “look and feel,” and this “look and feel” is the proprietary property of SimpleCertifiedMail.com. All custom graphics, icons, and other items that appear on the website are trademarks, service marks or trade dress (“Marks”) of SimpleCertifiedMail.com, its affiliates or other entities that have granted SimpleCertifiedMail.com the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of each party including SimpleCertifiedMail.com. Except as otherwise expressly authorized by this Agreement, Client may not use, copy, reproduce, modify, lease, loan, sell, reverse assemble or otherwise attempt to discover any source code, create derivative works from, upload, transmit, or distribute the Intellectual Property of the SimpleCertifiedMail.com Services in any way without SimpleCertifiedMail.com’s or the appropriate third party’s prior written permission. Except as expressly provided herein, SimpleCertifiedMail.com does not grant to Client any express or implied rights to SimpleCertifiedMail.com or any third party’s Intellectual Property. Client agrees not to for itself or for others to, copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the SimpleCertifiedMail.com software or any services provided or any part thereof.
Client Data
All information, data, text, software, photographs, graphics, messages or other materials uploaded, posted, or otherwise provided through the SimpleCertifiedMail.com Services by Client or its users, and the Printed Material (collectively, “Client Data”) is solely Client’s responsibility. SimpleCertifiedMail.com will routinely retain the Client Data for at least ten (10) years and will use such data only in accordance with this Agreement. Client must evaluate and bear all risks associated with the use of any Client Data and mailing of their Printed Material. We will not routinely screen or review text or graphics before printing and mailing Printed Material. We cannot nor do we try to control the content of Printed Material created through the SimpleCertifiedMail.com Services. Client is solely responsible for and assumes all liability arising from all Client Data. Client hereby grants all such rights and permissions in or relating to Client Data as are necessary or useful to us to perform the services and to exercise our rights to enforce this Agreement.
Client represents and warrants to SimpleCertifiedMail.com that: (I) Client and its users have the full right, power, and authority to perform any function with relation to the Client Data (including without limitation uploading, posting, reproducing, distributing, publicly displaying and making derivative works from the Client Data) that Client or they perform using SimpleCertifiedMail.com Services, and (2) Client owns or otherwise has the full right, power and authority to grant the rights, licenses, permissions and authorizations it grants or is required to grant under this Agreement.
Please note if Client is subject to HIPAA and your Client Data includes protected health information that is covered by HIPAA, please contact us at assistance@simplecertifiedmail.com, and we will provide a Business Associate Agreement for execution as required by HIPAA.
The Client authorizes SimpleCertifiedMail.com and its vendors and contractors to cooperate with the USPS and any U.S. or non-U.S. law enforcement or governmental agency, which cooperation includes but is not limited to, SimpleCertifiedMail.com voluntarily disclosing (i.e. without being subject to a lawful order to disclose) to USPS, and any U.S. or non-U.S. law enforcement and/or governmental agency any or all the Client’s Data and content.
Feedback and Comments
We encourage you to submit Feedback to us. “Feedback” means any suggestion, enhancement request, recommendation, correction, change, or other feedback regarding the Services, the Platform, or other SimpleCertifiedMail.com Property. We also collect Usage Data about the use and performance of the Services. We own all Feedback, all Usage Data, as well as all improvements, modifications, and changes to the SimpleCertifiedMail.com Property based on such Feedback or Usage Data. You assign us all right, title, and interest to any Feedback provided to us and Usage Data collected by us. To the extent that we require further rights, you grant us an exclusive, royalty-free, perpetual, irrevocable, transferable, and sublicensable worldwide license to access, store, process, use, copy, modify, remove, translate, display, perform, publish, disclose, distribute, transfer, sublicense, and export Feedback provided by and Usage Data collect from you, in any form or medium, without restriction. We have no obligation to pay any compensation for Feedback or Usage Data. You may not repost, republish, or redistribute Feedback or Usage Data. We have the right, but do not assume any responsibility to review, screen, or approve Feedback. You are responsible for the accuracy and legality of any Feedback you make. We take no responsibility and assume no liability for any Feedback posted or transmitted by you or third parties.
The Relationship Between You and Us
WE ARE NOT ATTORNEYS OR LEGAL ADVISORS AND WE DO NOT PROVIDE ANY LEGAL ADVICE OR OTHER PROFESSIONAL ADVICE.
Privacy Policy
Please review our Privacy Policy for more information on how we collect and use personal information.
Prohibited Uses
You shall not do any of the following in connection with the Services or the Platform:
- Decompile, disassemble, or reverse engineer the Services or the Platform, or attempt to obtain or perceive the source code from which any component of the Services or the Platform is compiled or interpreted
- Duplicate or create any derivative product from the SimpleCertifiedMail.com Property or any component of the SimpleCertifiedMail.com Property
- License, sublicense, lease, resell, or transfer any of the SimpleCertifiedMail.com Property to a third party or allow third parties to gain access to the SimpleCertifiedMail.com Property
- Access the SimpleCertifiedMail.com Property if you are a direct competitor of us, access the SimpleCertifiedMail.com Property for a competitive purpose, or provide any SimpleCertifiedMail.com Property, directly or indirectly, to any competitor of ours (including any screenshots of the Services or reports regarding the Services)
- Remove any copyright, trademark, or other proprietary notions from the SimpleCertifiedMail.com Property
- Transmit material containing viruses, malware, or other harmful or deleterious computer code, files, scripts, agents, or programs through the Services or the Platform
- Interfere with or disrupt the integrity or performance of the Services or the Platform
- Attempt to bypass, exploit, defeat, or disable limitations or restrictions placed on the Services or the Platform
- Conduct any denial of service (DoS) attack on the Services or the Platform or otherwise attempt to disrupt, disable, or overload the Services or the Platform
- Attempt to gain access to the Services or the Platform by automated means, such as bots
- Attempt to gain unauthorized access to the Services, the Platform, or the computer systems or networks related to the Services or the Platform
- Create a false identity or attempt to mislead others as to your identity or the identity of the sender or the origin of any data or communications
- Use the Services or the Platform to violate any law or rights of others
- Interfere with another person’s use and enjoyment of the Services or the Platform
- Use or export the SimpleCertifiedMail.com Property in violation of US export laws and regulations
Suspension or Termination of Your Access and Removal of Content
Client may terminate the Agreement at any time by providing thirty (30) days’ prior notice by email to assistance@simplecertifiedmail.com. A full refund of any unused balance(s) in the payment manager account(s) on the date of termination will be mailed within five business days. All Certified Mail delivery information and documents will remain available to the client for ten years.
We may suspend or terminate your access to the Services or remove any Content you submit immediately and indefinitely if we, in good faith, believe: that you have materially breached any provision of these User Terms; that you are using the Services in a manner that threatens the security, integrity, or reliability of the Services; that there has been unauthorized access or fraud related to your access to the Services; or that the provision of the Services (or a portion thereof) will expose us or you to legal, regulatory, or compliance risk.
SimpleCertifiedMail.com, in its sole discretion without notice to Client, may: (1) terminate Client access to the SimpleCertifiedMail.com Services or Client use of any feature of the SimpleCertifiedMail.com Services, (2) remove and discard any of Client Data , (3) refuse to mail any Printed Material and /or (4) terminate the SimpleCertifiedMail.com Services, or any feature on the SimpleCertifiedMail.com Services.
SimpleCertifiedMail.com will not be liable to Client or any third party for any suspension or termination of Client access to the SimpleCertifiedMail.com Services or Client Data. A full refund of any balance(s) in the payment manager account(s) on the date of termination will be mailed within three (3) business days.
4. No Warranties
YOU ARE RESPONSIBLE FOR AND ASSUME ALL RISKS IN CONNECTION WITH YOUR USE OF THE SERVICES AND THE PLATFORM. THE SERVICES, THE PLATFORM, THE SIMPLECERTIFIEDMAIL.COM PROPERTY, AND ANY OTHER CONTENT, DATA, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED IN CONNECTION WITH THE SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES TO YOU OF ANY KIND IN CONNECTION WITH THE SERVICES AND THE PLATFORM, AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS, IMPLIED, OR STATUTORY. We expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We expressly disclaim any warranties of system integration, non-interference, absence of any defects (whether latent or patent), or security of data. We do not warrant or make any representations concerning the accuracy, completeness, quality, usability, or reliability of information or materials provided in connection with our Services, found on our Platform, or linked to our Platform. We expressly disclaim any warranty related to third-party websites or other third-party content that may be accessed through our Services or our Platform. We make no warranty or representation on the basis of trade usage, course of dealing, or course of performance. We do not warrant or represent that the Services, or any other materials, data, software, products, or services provided under this Agreement or on the Platform will meet your requirements, comply with applicable law, generate enforceable obligations, or that the operation of them will be uninterrupted, error-free, or that all errors will be corrected. The Services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. We are not responsible for any delays, delivery failures, or other damages resulting from such problems.
5. Limitations on Liability
ALL OF THE LIMITATIONS ON LIABILITY IN THIS SECTION 5, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, APPLY (A) REGARDLESS OF THE THEORY OF LIABILITY OR FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE; (B) REGARDLESS OF THE CAUSE OF THE DAMAGES, INCLUDING NEGLIGENCE; (C) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (D) WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THESE USER TERMS HAVE BEEN BREACHED OR ANY REMEDIES HAVE FAILED THEIR ESSENTIAL PURPOSE; AND (E) TO ANY CLAIMS YOU MAY BRING AGAINST ANY THIRD PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT THIRD PARTY FOR SUCH CLAIM.
WE HAVE NO LIABILITY FOR CERTAIN TYPES OF DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO LIMIT CLAIMS FOR DAMAGES (OR OTHER MONETARY RELIEF) AGAINST US TO DIRECT AND ACTUAL DAMAGES. THIS MEANS THAT YOU WILL NOT SEEK ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM US. WE HAVE NO LIABILITY FOR DAMAGES RELATED TO: unauthorized access to, loss, or theft of your information or data, lost profits, costs of delay, failure of delivery, business interruption, costs of procurement of substitute goods, services, or technology, or personal injury or death. We have no liabilities to third parties arising from any source.
WE ARE NOT LIABLE FOR DAMAGES OUT OF OUR CONTROL. You agree that we are not liable for delays, problems, or damages caused by you or a third party, by any act of nature, by any act beyond our reasonable control (for example, war, terrorist acts, labor disputes, government actions, pandemics), or by any criminal activity by someone unrelated to us.
YOU AGREE TO LIMIT THE AMOUNT OF DAMAGES PAYABLE BY US TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF SIMPLECERTIFIED MAIL.COM, OUR AFFILIATES, AND OUR THIRD-PARTY PROVIDERS, LICENSORS, OR SUPPLIERS TO YOU ARISING OR RELATING TO SERVICES, THE PLATFORM, THESE USER TERMS OR OUR PRIVACY POLICY IS $100.
YOU AND WE AGREE TO LIMIT THE DEADLINE TO BRING CLAIMS. To the fullest extent permitted by law you and we each agree that all claims related to the Services, the Platform, these User Terms, or our Privacy Policy must be brought within two (2) years of the date the claim arises (even if applicable law provides for a longer statute of limitations).
YOU AND WE WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS OF LIABILITY. The limitations on liability in this Section 5 constitute an important part of these User Terms and are among the reasons you and we are willing to enter into the agreements in these User Terms.
6. Disputes and Claims
Claims Against Us
Step 1: Informal Dispute Resolution
If you have a dispute with or claim against us, you should bring the dispute or claim directly with us. You must give us an opportunity to resolve your claim informally by sending a written description of your claim to assistance@simplecertifiedmail.com. You and we each agree to negotiate your claim in good faith. You agree that you may not commence any court proceeding unless you and we are unable to resolve the claim within 60 days after we receive our claim description and you have made a good faith effort to resolve your claim directly with us during that time.
Step 2: Court Proceedings; JURY TRIAL WAIVER
Court proceedings must be brought in the state or federal courts located in New York City, New York s.
YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
Injunctive Relief
You and we acknowledge and agree that a breach by you of your responsibilities under Sections 3 of these User Terms could cause us irreparable harm for which monetary damages would not be an adequate remedy. You and we agree that, in the event of such breach or threatened breach, that we will be entitled to equitable relief, including, without limitation, a restraining order, an injunction, specific performance, and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. These remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity, or otherwise.
Notice and Procedure for Making Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under US copyright law. If you believe that materials we host on or through the Services or Platform or the SimpleCertifiedMail.com Content infringe upon your copyright rights, you may request that the material be removed or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Your notice or counter-notice to us must include all of the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed upon
- A description where the material that you claim is infringing is located in the Services on the Platform
- Your address, telephone number, and email address
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notices and counter-notices must meet the statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before submitting a notice or counter-notice. Please be aware that there can be substantial penalties for false claims. DMCA notices and counter-notices for the Services or Platform should be sent to: assistance@simplecertifiedmail.com. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
7. Payment and Credit
SimpleCertifiedMail.com services are funded by approved payment sources including direct payments from bank accounts via ACH, check, bank wire, credit card and debit card or other means which may be made available by SimpleCertifiedMail.com (“SCM”).
The Client Services Account (“CSA”) is established for each Client, or for each group within a Client. The account functions as a virtual postage account and maintains a balance sufficient to process all requests for USPS Certified Mail and other authorized services.
When a bank account is used for funding, the Client hereby authorizes SCM to initiate an ACH debit to the bank account identified to create a credit balance with SCM equal to the Client’s estimated monthly use of Certified Mail and other services. This is called the “Standard Account Balance.” The client also authorizes SCM to initiate an ACH debit to refill the CSA when the balance is reduced to 25% or less of the specified Standard Account Balance. ACH debits will be immediate upon the initiation of the transfers. This authority remains effective until written notice has been received by SCM of the Client’s desire to terminate this Agreement.
When a credit or debit card is used for funding, the Client hereby authorizes SCM to initiate a charge to the credit or debit card to create a credit balance with SCM equal to the Client’s estimated monthly use of Certified Mail and other services. This is called the “Card Account Balance.” The Client also authorizes SCM to initiate additional charges to refill the CSA when the current balance drops to 25% or less of the specified Card Account Balance. This authority remains effective until written notice has been received by SCM of the Client’s desire to terminate this Agreement.
In all cases, the funds credited to the Client’s account will be held in an account at a Depository institution and indemnified by a Fidelity Bond.
Client will have access to the CSA through the SCM website for viewing debits and credits associated with the balance, as well as for viewing and printing monthly summaries and for downloading transactions.
8. Refunds
Postage Fee Refund Requests
Client may be eligible for a refund of postage fees. We may, periodically, request postage fee refunds from the USPS.
If you believe that you are entitled to a refund, please submit a request to accounting@simplecertifiedmail.com. All refund requests must be submitted to SimpleCertifiedMail.com by Client no later than the 60th day after the relevant mailing. If you submit a refund request within the 60-day period and we had submitted a postage fee refund request with respect to that mailing and received a refund from the USPS, the postage fee refund will be credited to your account. If we had not made a postage fee refund request with respect to that mailing, your request will be submitted to the USPS for verification and refund approval.
In addition to SimpleCertifiedMail.com’s refund requirements set forth in this Agreement, refund requests are further subject to the rules and requirements of the USPS. You take the risk of the USPS rejecting a refund request. The USPS determines if the refund is approved or declined in their sole discretion. Refunds are considered on a case-by-case basis by the USPS, and SimpleCertifiedMail.com does not guarantee that a refund will be credited to the Client.
If your postage fee refund request is approved by the USPS, the postage fee refund will be credited to your account.
Any refund not requested by you within 60 days from mailing may be kept by SimpleCertifiedMail.com subject to such exceptions as SimpleCertifiedMail.com may make in its sole discretion.
Automatic Refunds
Periodically, third-party carriers automatically refund postage fees and return such fees to SimpleCertifiedMail.com. If we receive an automatic refund for your mailing, we will deposit such refund into your account, less a $.25 administrative fee.
With respect to any refund that is approved subject to a label that was created and subsequently not mailed out (“Cancelled Label”), if such Cancelled Label is used after the refund has been credited to the Client account, the amount refunded will be debited from such Client’s account. If the Cancelled Label refund is approved but not yet processed and credited to your account, the Cancelled Label refund will be forfeited.
9. General
Choice of Law
These User Terms are governed by the laws of the state of New York, without regard to the conflicts of laws rules.
Notices
You may deliver notices to us by email to assistance@simplecertifiedmail.com. If you are commencing a legal proceeding against us, we do not accept notice or service via email and you must serve us with legal process as required by applicable law. We may deliver notices to you via email, mail, or electronic means using your contact information in the Subscriber’s account or by posting the notice in the Services or on the Platform. Electronic notices are considered delivered when sent or posted. Postal notices are considered delivered three (3) days after mailing. Notices delivered by a nationally recognized courier (for example, UPS and FedEx) are considered delivered when received.
Electronic Communications and Signatures (E-Sign) Consent
We may need to provide you with certain communications, notices, agreements, or disclosures (“Communications”) in writing regarding the Services. You agree and consent to receive Communications electronically from us, our affiliates, and our third-party service providers, rather than in paper form, and to the use of electronic signatures in our relationship with you (“E-Sign Consent”). You also acknowledge and agree that you have the ability to receive Communications electronically. You may withdraw your consent to receive Communications electronically at any time by sending us notice specifying your request at the email address in the Notices Section above. If you choose to withdraw your consent, we may terminate your access to the Services.
Third-Party Beneficiaries
Our third-party providers, licensors, and suppliers and our affiliates are considered to be third-party beneficiaries of these User Terms solely to the extent necessary for them to enforce any protections afforded them by these User Terms, except as otherwise provided in these User Terms. There are no other third-party beneficiaries to these User Terms.
Assignment
You are prohibited from assigning these User Terms to a third party without the prior written consent of us. We may assign these User Terms and/or our rights and obligations under these User Terms, in whole or in part, without notice to you or your consent: (i) in connection with a merger, acquisition, corporate reorganization or sale of substantially of all our assets, or (ii) to an affiliate of ours. Subject to the foregoing restrictions on assignment, these User Terms will bind and inure to the benefit of your and our respective successors and permitted assigns.
Waiver
You and we cannot waive any provision of these User Terms except in a writing signed by you and us. Our failure to insist on or enforce strict performance of any provision of these User Terms or any of our rights is not a waiver of any provision or right.
Severability
If any part of these User Terms is held invalid or unenforceable, that part may be severed from these User Terms to the minimum extent necessary to cure such invalidity or unenforceability.
Amendment
We reserve the right to amend these User Terms at our discretion and at any time. When we do, we will post the revised User Terms on the Platform or in the Services with a new “Last Updated” date. We may, but are not required to, also provide you with notice of the amended User Terms via any others means we consider reasonable, including, without limitation, email. Your continued use of the Services or the Platform following the posting of changes (or other notice we provide in our sole discretion) constitutes your acceptance of such changes. We may, but are not required to, also provide you with alternative means of accepting any changes to or amended version of these User Terms. We encourage you to visit this page regularly for any changes.
