Terms and Conditions
Last Updated: December 11th, 2024
General
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE SITE. BY ACCESSING OR USING THE SITE AND ANY PAGES WITHIN, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE, OR ANY PAGES WITHIN.
The website,Final Expense Direct Mail, and our other websites (collectively, the “Sites”) on which these Terms and Conditions (the “Terms”) are posted, are owned and operated by Net60 Inc. (“Company”). These Terms and our related Privacy Statement govern your use of the Sites on any platform and in any format
Please read the Terms carefully. By visiting our Sites, you acknowledge that you have read and accept and agree to be bound by the Terms. If you do not agree to be bound by the Terms, then do not access or use the Sites. Your use of certain areas or features of the Sites may be subject to additional terms and conditions as posted.
Company has the right, at its sole discretion, to enhance, change or discontinue all or part of the services we provide through the Sites at any time.
Prohibited Use
Any commercial distribution, publishing or exploitation of the Sites, or any content, software, code, data or materials on the Sites, is strictly prohibited unless you have received the express prior written permission of Company. Other than as provided herein, you may not use the Sites or the materials on the Sites in any way. If you make other use of the Sites you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be subject to liability for such unauthorized use. Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including by pursuing criminal prosecution
Trademarks, Logos, Service Marks and Trade Names
The trademarks, logos, service marks and trade names displayed on the Sites or on content available through the Sites are registered and unregistered trademarks of Company (collectively the “Trademarks”), and in some cases others, and may not be used unless authorized so to do in writing by the owners of these rights. The Sites do not by implication, estoppel, or otherwise, grant any license or right to use any Trademark displayed on the Sites without express written permission of the owner of the same. Your misuse of the Trademarks displayed on the Sites is strictly prohibited. Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including through criminal prosecution. All other trademarks and service marks not owned by Company that appear on the Sites are the property of their respective owners, who may or may choose to enforce their respective rights.
Third-Party Websites
You may be able to link from the Sites to third party websites and third-party websites may link (“Linked Sites”) to the Sites. You agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or operated by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third-party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site’s administrator or webmaste
Please review our Privacy Statement for more information on our privacy practices related to third party websites.
Confidentiality of Internet Not Guaranteed
Although we try to protect information you send us, we cannot guarantee that information sent over the Internet is completely confidential. There are certain aspects of Internet usage, your computer and your links to the Internet we cannot control. Therefore, transmission of information to us on the Internet must be undertaken at your own risk.
Disclaimer of Warranties
THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE WEBSITE; (B) THE CONTENT; OR (C) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE SITES. IN ADDITION, COMPANY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY APPLICATION INSTRUCTION) ON THE SITES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.
BY ACCESSING OR USING THE SITES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES
Limitation of Liability; Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, INABILITY TO USE OR IMPROPER USE OF THE SITES (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, TRADING LOSSES, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
CERTAIN STATE LAWS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify on demand and keep Company indemnified, and hold Company and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless, from any and all claims, liabilities, costs, losses (including, without limitation, consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Sites, your placement or transmission of any message, content, information, software or other materials through the Sites, or your fraudulent or deceptive acts or omissions, or breach or violation of law (including infringement of any intellectual property or other right of any person or entity) or of the Terms. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s defense of such claim.
Product and Service Offerings
The Sites may provide general information about Company and the services we offer. Information on the Sites do not constitute an offer to sell or a solicitation of any particular services. Some services may not be available in all states where Company operates or other jurisdictions. Your eligibility for particular services is subject to final determination, restrictions and acceptance by Company.
Company may discontinue or make changes to the information, products, licenses, or services, described herein at any time. Any dated information is published as of its publication date only. Company does not undertake any obligation or responsibility to update or amend any such information. Company reserves the right to terminate any or all offerings without prior notice. Furthermore, by offering information, products or services through the Sites, no solicitation is made by Company to any person to use such information, products or services in jurisdictions where the provision of such information, products or services is prohibited by law.
Company may restrict, suspend or terminate your use of or access to the Sites and/or Company’s services for any reason without notice or liability.
Monitoring
Company has no obligation to monitor the Sites, however, you acknowledge and agree that Company has the right to monitor the Sites electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Sites, to protect itself or other users of the Sites or for any other purpose that complies with applicable laws.
E-mail Communications
We may respond to your inquiries and questions—whether submitted to us by email or through an inquiry portal on the Sites—by email if you provide us with an e-mail address. However, be advised that information sent by e-mail may not be completely confidential not only because of certain aspects of electronic transfer, but also because others may have access to the computer or e-mail address to which the e-mail response is sent. Unless you specifically tell us not to respond to you by e-mail in your inquiry, you hereby consent to response to your inquiries and questions by e-mail, notwithstanding the risks inherent in using this form of communication.
No Use of Site by Minors
The Sites and the services described on the website, are intended for use by individuals who are at least 18 years old. By using our services or visiting the Sites, you represent that you are at least 18. We do not knowingly collect personal information from children under the age of 18. If we become aware that we have inadvertently obtained personal information from a person under the age of 18, we will delete it in accordance with applicable law
Users Outside the United States
The Sites are not directed at or intended for users outside the U.S. Please be advised that if you are located in the European Union or another region with laws related to data collection and use that may differ from U.S. law, your personal information submitted through this Site and transferred to the U.S. may not have the same legal data protection as in your jurisdiction. Please review our Privacy Statement for more information on our privacy practices.
Governing Law and Jurisdiction
These Terms shall be governed by the laws of the State of Michigan, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms shall be commenced and be heard in the appropriate court within Wayne County in the State of Michigan. Furthermore, you agree to submit to the personal and exclusive jurisdiction of the courts located within Wayne County in the State of Michigan.
Local Standards
We do not represent that materials on the Sites are appropriate for use in all locations. Persons who choose to access the Sites do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Miscellaneous
Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of the Terms by Company must be made in writing and signed by an authorized representative of Company specifically referencing the Terms and the provision to be waived. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms. Headings used in the Terms are for convenience only and are not to be relied upon or used to construe any provision of the Terms. All rights not expressly granted herein are hereby reserved. The Terms will inure to the benefit of, and are intended to be enforceable by, Company’s successors, assigns and licensees
Entire Agreement
These Terms comprise the entire agreement between you and Company relating to your use of the Sites, and supersede all prior agreements and negotiations, whether oral or written. These Terms supersede any previous terms and conditions relating to use of the Sites to which you and Company may have been bound. There are no other agreements, understandings, promises or conditions, oral or written, express or implied, concerning the subject matter of these Terms, except as set forth in these Terms.
Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Terms shall remain in full force and effect.
Updates
Company reserves the right to modify these Terms at any time without providing prior notice. Your use of the Sites following any such modification constitutes your agreement to follow and be bound by the Terms as modified. For this reason, we encourage you to review these Terms when you use the Sites. The latest revision date of these Terms is set forth at the beginning of this document.
Contact Information
If you have any questions about these Terms you may contact us using the form and contact information available here.
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