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By checking the ‘Agree to Terms and Conditions’ box on the
checkout page, you are confirming that you agree to be bound by the terms and
conditions of this website and that you agree that Lorax, LLC dba “CatalogEnd”
is authorized to act as your agent for the sole purposes of performing the
services you have indentified by using the functionality of this website. In
furtherance of completing the services on your behalf, CatalogEnd may call,
email, mail or otherwise contact, on your behalf, the organizations you have
designated for the purposes of removing or adding your name and contact
information from marketing databases or lists in accordance to your preferences
selected while using the features of this website.
Additionally, by checking the ‘Agree to Terms and
Conditions’ box on the checkout page CatalogEnd may reproduce evidence of your
electronic agreement along with a copy of these terms and conditions as
evidence of the agency relationship between you and CatalogEnd and that such
evidence of the agency relationship may be relied upon by third parties in
assisting CatalogEnd in terminating the delivery of unwanted catalogs,
marketing mail, and other correspondence.
You understand that if you do not specify your exact name and address as listed
on each publication, CatalogEnd may not be able to unsubscribe you from the
company’s mail list. You understand that CatalogEnd may contact you for
additional information if required by the merchant. You understand that the $17 CatalogEnd membership fee is by address and that
additional addresses will require additional payment.
You understand that several mail cycles may elapse before the publications that
you have identified are discontinued. If you are still receiving such
unwanted publications after 6 months after you have requested to be removed,
CatalogEnd will make a reasonable effort to honor such requests. CatalogEnd
will work with you on an individual basis to try to fix the specific problem at
hand. You understand that in some cases merchants may refuse to comply and will
continue sending you catalogs.
If you opted to end your junk mail, you understand that CatalogEnd will send
you preaddressed postcards that you must sign and send to the US junk mail
companies. You understand that the name on the postcard will be the same as the
one on your CatalogEnd account (unless otherwise specified) and that in six to
nine months you should see a 60% - 85% reduction in junk mail received. You
understand that you be required to send a $1 check or money order to the DMA
(Direct Marketing Association) to have your name removed.
You understand that the companies publishing and/or distributing the
publications you selected may recommence sending materials if you request such
materials, use their services, or if you purchase merchandise from such vendors
after signing up with CatalogEnd.
You understand that some catalog companies are not included in the CatalogEnd
database. CatalogEnd will contact these companies on your behalf or work with a
third party company to try to eliminate these catalogs.
You understand that by purchasing a gift certificate for friends or family,
that gift certificates are only for the purpose of using the CatalogEnd service
and not for CatalogEnd merchandise and that CatalogEnd is not responsible for
any lost or stolen gift certificates.
You acknowledge that CatalogEnd is a growing business and makes changes and
additions to their services regularly. Therefore, CatalogEnd reserves the right
to add, delete or modify any of the aspects of the Terms and Conditions at any
time. All changes to the CatalogEnd Membership Agreement will be posted on the
Site at www.catalogend.com.
Limitation of Liability
The Site's content may contain inaccuracies, out-of-date information or
typographical errors. CatalogEnd makes no representations about the accuracy,
reliability, completeness or timeliness of the posted information. The use of
the Site and its content is at your own risk. Changes are periodically made to
the Site and may be made at any time.
CatalogEnd does not warrant that the Site will operate error-free or that the
web site and its server are free of computer viruses or other harmful
mechanisms. If your use of the Site or the material results in the need for
servicing or replacing equipment or data, the Company is not responsible for those
costs. CatalogEnd’s aggregate liability (of any type) to you arising with
respect to these terms of service and your access is limited to the price of
your subscription plan ($17.00).
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. CATALOGEND EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
CATALOGEND MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR
THAT (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
NO INFORMATION OBTAINED BY YOU FROM CATALOGEND SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CATALOGEND SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF CATALOGEND HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO
USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING
FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv)
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER
MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY CATALOGEND MATERIALS, PRODUCTS OR SERVICES OR
WITH ANY OF CATALOGEND TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING CATALOGEND.
Indemnity
You agree to indemnify CatalogEnd and its officers, directors, employees,
successors, agents, affiliates, distribution partners or third-party service
providers (collectively, the “CatalogEnd Entities”) from and against any and
all liabilities, expenses (including attorneys' fees) and damages arising out
of claims based upon use of your CatalogEnd account, including any violation of
this Agreement by you or any other person using your account, any claim of
libel, defamation, violation of rights of privacy or publicity, any loss of
service by other customers, any infringement of intellectual property or other
rights of any third parties, and any violation of any laws or regulations,
including but not limited to any violation of any laws or regulations
prohibiting cancellation of catalogs, phone directories or Junk Mail. You agree
that CatalogEnd must submit your name and address information to merchants or
third party companies that cancel catalogs in order to remove you from mail
lists and that CatalogEnd is not responsible for what these organizations
choose to do with this information. You agree to notify CatalogEnd immediately
if you become aware of any actual or potential claims, suits, actions,
allegations or charges that could affect either party’s ability to fully
perform its duties or to exercise its rights under these Terms and Conditions.
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