SendVia Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE. BY ACCESSING OR USING THE SITE (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS AND POLICIES INCORPORATED BY REFERENCE WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED HEREBY. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

THESE TERMS INCLUDE A DISPUTE RESOLUTION SECTION THAT INCLUDES AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER THAT AFFECT YOUR RIGHTS. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. DETAILS ARE SET FORTH IN SECTION 13, BELOW. PLEASE REVIEW CAREFULLY.

Applicability of Terms: These Terms shall apply to your purchase of products and services through www.SendVia.com (the “Site”) provided by SendVia, LLC (referred to herein as either “SendVia,” “we,” “us,” or “our”), which includes certain third-party sellers, professional service providers, and the services of third-party website hosting, payment processing and money exchange sub-service providers (collectively, “SendVia Providers”). SendVia and SendVia Providers make available websites and other products and related services (“SendVia Services”) for your use. You agree that actions to access or otherwise utilize SendVia Services indicate your agreement to and acceptance of the following Terms as well as the terms of use and other related SendVia Providers’ policies. These Terms are subject to change at any time without prior written notice by SendVia. The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
Online Orders: When placing an order on the Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide. However, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. You can cancel your subscription by e-mailing us at support@sendvia.com or sending us a message in your SendVia Portal. If you cancel within the first 30 days of purchasing, you will be refunded your payment. If you cancel after 30 days, you will only be charged for the current month and not charged any additional months after that. Services will continue until the next billing period.
Product details: Detailed descriptions and specifications of products and services are provided by SendVia or a respective SendVia Provider. From time to time there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions and/or availability. As a result, we do not guarantee the accuracy or completeness of any information on the Site, including product images, specifications, and/or availability. SendVia reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you do not wish to continue your purchase after information has been corrected, you may cancel your order as provided in Section 2, above.
Payment Terms: All applicable prices are set forth alongside the goods and services offered on the Site. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Prices on the Site are subject to change without notice. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (e.g., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
Electronic signature: You agree to be bound by any affirmation, assent or agreement you transmit by computer or other electronic device. You agree that, when you click on an "I agree," "I consent" or other similarly worded "button" or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.

Regardless of any electronic signature, you agree that use of this Site and the Content is subject to the Terms and that you are bound by the Terms.

User accounts: To access this Site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site will be correct, current, and complete. You must also maintain the security of your account and promptly notify SendVia if you discover or suspect that someone has accessed your account without your permission. Passwords used for this Site, if any, are for individual use only. You will be responsible for the security of your password. SendVia will be entitled to monitor your password and, at its discretion, require you to change it. SendVia reserves the right to refuse your access to this Site or any of its resources, and to terminate or suspend your access at any time and for any reason.
Site Content: All material and content accessible on the Site, including without limitation (a) text, images, photographs, graphics, stories, indices, reports, research, guidelines, information, data, articles, descriptions, instructions, advice, documents, templates, and other works of authorship, (b) technology, designs, methods, ideas, concepts, know-how, techniques, and (c) software, source code, architecture, hidden text and symbols, user interfaces, look and feel, visual interfaces, layout, design, graphics, arrangements, structure, selection, coordination, and expression (all of the foregoing is referred to collectively as the “Content”) is the proprietary information of SendVia, SendVia Providers, and their respective licensors and SendVia, SendVia Providers and their respective licensors retain all right, title, and interest in and to the Content now or in the future. This Site, including all Content, is protected by trade dress, copyright, patent and trademark laws, and various other U.S. and international laws.

Subject to your compliance with these Terms, you are granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use the Site and the Content for your personal, non-commercial use. You may copy Content displayed on the Site for your personal, noncommercial use only. No right, title, or interest in any Content is granted or transferred to you as a result of any such copying. Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. You may not co-brand, frame or mirror this Site or any Content. Unless you obtain the express permission of SendVia, any access or use of the Site or the Content other than what is permitted by these Terms is strictly prohibited and will terminate the license granted herein and violate the intellectual property rights of SendVia, SendVia Providers and their respective licensors.

Trademarks: SendVia® is a registered trademark of SendVia, LLC. Other trademarks, service marks, and logos appearing in this Site are the property of SendVia, SendVia Providers, or their respective licensors. SendVia, SendVia Providers, and their respective licensors retain all rights with respect thereto. Nothing on this Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark or logo displayed on the Site, and you may not use any metatags / meta elements or other hidden text or code utilizing any such marks.
Third-party websites: This Site may be hyperlinked to other websites which are not maintained by, reviewed by, affiliated with, or related to, SendVia. This Site’s Terms and Conditions and Privacy Policy may not apply to those other websites, which may have their own terms and policies. Hyperlinks to such websites are provided as a service to you and SendVia is not responsible for the content of the websites. Hyperlinks are accessed at your own risk.
Comments, Feedback & Other Submissions: We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information, and other submissions disclosed, submitted or offered to SendVia using this Site or otherwise (collectively, "Submissions") are not confidential. You hereby grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully paid, royalty-free right to exploit the Submissions in any manner and for any purpose, including to improve the Site and create other products and services.
Security: You are prohibited from compromising Site security or tampering with Site accounts. The use of tools designed for compromising security (e.g., password-guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, SendVia reserves all rights available in criminal and civil law, as well as the right to release your details to system administrators at other sites in order to assist them in resolving security incidents. SendVia reserves the right to investigate suspected violations of these Terms by any lawful means.

SendVia reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing SendVia to disclose the identity of anyone violating the law or these Terms.

By accepting these Terms you waive and hold harmless SendVia from any claims resulting from any action taken by SendVia during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either SendVia or law enforcement authorities.

Disclaimers; Limitations on Liability; Indemnity

THIS SITE, ALL CONTENTS, AND ALL PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS. SENDVIA DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SENDVIA DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH SENDVIA ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE.

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER SENDVIA NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR THE SENDVIA PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, OR WITH ANY OF SENDVIA’S TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SENDVIA AND ITS AFFILIATES, AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND SENDVIA PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM MUST BE PROVIDED TO SENDVIA WITHIN TWELVE (12) MONTHS OF ITS ACCRUAL OR YOU AGREE THAT IT IS FOREVER WAIVED AND TIME-BARRED.

If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances shall not exceed the amount paid by you to SendVia through the Site during the prior twelve (12) months.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations, and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

Governing Law/Binding Arbitration:

(a) Governing Law: These Terms shall be governed by the laws of the State of New York without regard to its conflict of laws principles.

(b) You agree to submit any dispute arising from or related to these Terms, including, but not limited to, disputes relating to the SendVia, SendVia Services, and the interpretation and enforceability of these Terms and Conditions, to binding arbitration. Class actions and class arbitrations are not permitted; claims may be brought in individual capacities only and cannot seek relief that would affect other SendVia users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this paragraph’s limitations, then that claim (or that request for relief) will be brought in the appropriate court after all other claims are arbitrated. Arbitration will be conducted under the Consumer Arbitration Rules of the American Arbitration Association, which can be found at www.adr.org, in such location as the parties agree. The arbitrator may, in their discretion, award the cost of the arbitration, including reasonable attorney fees, to the prevailing party. An award made by the arbitrator may be confirmed in any court having jurisdiction. Any arbitration shall be confidential, and except as required by law, neither party may disclose the content or results of any arbitration hereunder without the prior written consent of the other party, except to a party’s legal advisers or as otherwise permitted herein. Any arbitration under this Arbitration Provision shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and not by any state law concerning arbitration. Any award by the arbitrator shall be in writing and will be final and binding on all parties, subject to any limited right to appeal under the Federal Arbitration Act.

Class Action Waiver: You and SendVia each agree that any proceeding, whether in arbitration or in court, shall be conducted only on an individual basis and not in a class, collective, consolidated, private attorney general, or representative action. You and we agree to waive any right to bring or to participate in such an action in arbitration or in court to the fullest extent permitted by applicable law. Notwithstanding the foregoing, the parties retain the right to participate in a class-wide settlement.
Jury Trial Waiver: To the fullest extent permitted by applicable law, you and SendVia waive the right to a jury trial.
Privacy: SendVia’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference.
Third Party Beneficiaries: These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
Force Majeure: SendVia shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
Assignment: SendVia may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
Partial Invalidity: In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
No Waivers: Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
Notices: Except as expressly stated otherwise, any notices shall be given by email to notices@sendvia.com (in the case of SendVia) or to the email address you have provided to SendVia (in your case), or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. Alternatively, SendVia may give you notice by registered mail, postage prepaid and return receipt requested, to the address you have provided to SendVia. In such case, notice shall be deemed given 7 (seven) days after the date of mailing.

You acknowledge that all agreements, notices or other communication required to be given pursuant to applicable laws or these Terms may be given via electronic means and that such communications shall be “in writing.” A written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

Designated agent for notice of infringement claims

SendVia respects the intellectual property of others, and we ask our Site users to do the same. If you are a copyright holder, or its authorized representative, and believe in good faith that your intellectual property has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you may provide SendVia’s Agent for Notice listed below with the following information in a written notice:

A clear description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
Your contact information, including your address, telephone number and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

SendVia’s designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

SendVia, LLC

c/o United Agent Group

3411 Silverside Road Tatnall Building #104

Wilmington, DE 19810

USA

Attachments will not be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable to SendVia for certain costs and damages.

Miscellaneous: SendVia’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights on any other person or entity. If any part of the Terms is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. The Terms, together with the Privacy Policy, constitute the entire agreement between you and SendVia relating to your use of the Site.