IMMEDIATE MAILING SERVICES, INC.

Terms of Use

Last Updated December 2014

Welcome to the website portal of Immediate Mailing Services, Inc. (“IMS” or “we”).  This website portal (including the other online services, IMS Communications Center (as defined herein) and all other IMS’ web pages accessible through this website portal, collectively, the “Portal”) is governed by these terms of use (“Terms of Use”), which establishes the terms and conditions under which IMS will provide the Portal to its clients (“you” or “your”).

Acceptance of the Terms of Use

Please read the Terms of Use carefully before you start to use the Portal.  By using the Portal, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found here, which are incorporated herein by reference.  If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Portal.  The Portal is offered and available to authorized IMS clients, and their authorized representatives.  All authorized representatives using this Portal on your behalf must be at least 18 years of age or older and reside in the United States.  If you do not meet all of these requirements, you must not access or use the Portal.

Description of the Portal / Scope of Use

The Portal provides authorized IMS clients with access to information displayed on the Portal for deliveries of documents and communications for their customer accounts only.  The information, documents, and communications on the Portal are provided by IMS as a convenient resource to you and may be used for informational purposes only.*  The Portal may provide you with access to its proprietary, secure online account processing system (the “IMS Communications Center”), which provides the ability for two way communication between you and IMS and serves exclusively as a secure environment to transmit documents and information.

You agree to use the Portal solely for the business purposes as an IMS client and only for lawful purposes, and you agree that you shall at all times comply with all applicable laws, statutes, rules, regulations, ordinances and the like applicable to your use of the Portal.  IMS grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy, and print Content (as defined below) retrieved from the Portal only for the IMS and its clients related business purpose.  Except to the minimum extent otherwise expressly permitted under applicable law, you may not use any Content available via the Portal in any other manner or for any other purpose without the prior express written permission of IMS.  Any unauthorized use of any Content from the Portal may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations.

You understand that DSL, cable or another high speed internet connection is required for proper transmission to and from of the Portal.  You are responsible for procuring and maintaining the network connections that connect you to the Portal, including, but not limited to, “browser” software that supports protocol used by IMS, including Secure Socket Layer (SSL) protocol or other protocols accepted by IMS, and for following logon procedures for services that support such protocols.  IMS assumes no responsibility for the reliability or performance of any connections as described herein.  You shall not knowingly attempt to access any other of IMS’ systems, programs or data that are not made available for public use in connection with the Portal.

IMS Technology

In connection with the performance of the Portal, IMS will operate and support the hosted environment, including, without limitation, the IMS Technology (as defined below), all applicable server hardware, disk storage, firewall protection, server operating systems, management programs, IMS’ server programs, documentation and all other information developed or provided by IMS or its suppliers, as well as all other documents, software, products and services contained or made available to you in the course of using the Portal (collectively, the “Hosted Materials”).  For purposes of these Terms of Use “IMS Technology” means all of IMS’ proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, Hosted Materials, designs and other tangible or intangible technical material or information) made available to you by IMS.

License Grant/Restrictions

You shall have a non-exclusive license to access Portal solely for your internal and your customers’ loan servicing needs.  You are responsible for all activities conducted under your user logins and for compliance with these Terms of Use.  Unauthorized use, resale or commercial exploitation of the Portal in any way is expressly prohibited.  Without IMS’ express prior written consent in each instance, you shall not (and shall not allow any third party to): reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code form or structure of the Hosted Materials, including the IMS Technology, or access the Portal in order to build a competitive product or service or copy any ideas, features, functions or graphics of the Portal.  You shall not copy, license, sell, transfer, make available, lease, time-share, distribute, or assign this license, the Portal or the Hosted Materials to any third-party.  You shall not use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Portal.  All rights not expressly granted to you are reserved by IMS and its licensors.  There are no implied rights.  In addition to IMS’ other remedies hereunder, IMS reserves the right upon notice to you to terminate any rights to access the Portal if you have violated any of the restrictions contained in these Terms of Use.

Modifications to these Terms of Use

IMS may make changes to these Terms of Use from time to time in its sole discretion, by updating and posting the revised Terms of Use on the Portal, and/or specifying the effective date of the new version of the Terms of Use.  All changes are effective immediately when we post them, and apply to all access to and use of the Portal thereafter.  Your continued use of the Portal following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes.  Accordingly, when you visit the Portal you should periodically check to see if a new version of these Terms of Use has been posted, as they are binding on you.

Access the Portal and Account Security

We reserve the right to withdraw or amend the Portal, and any service or material we provide on or through the Portal, in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Portal is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Portal, or the entire Portal.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Portal.
  • Ensuring that all persons who access the Portal through your internet connection are aware of these Terms of Use and comply with them.

To access the Portal or some of the resources it offers, you may be asked to provide certain registration details or other information.  You agree that all information you provide to register with this Portal or otherwise, including but not limited to, through the use of any interactive features on the Portal, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You will be provided with a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You will use the Portal only with your provided user name and password and you will not impersonate any person or entity, or falsely state or otherwise misrepresent your identity or any information you submit to the Portal.  You agree to provide true, accurate, current, and complete information about yourself, and, as permitted, to maintain and update it continuously and promptly to keep it true, accurate, current and complete.

You also acknowledge that your account is personal to your company, and agree not to provide any outside person with access to this Portal or portions of it using your user name, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Suspension for Ongoing Harm

You agree that IMS may with contemporaneous notice to you suspend your access to the Portal, if IMS reasonably concludes that the Portal is being used to engage in denial of service attacks, spamming, or illegal or unlawful activity, and/or use of the Portal is causing immediate, material and ongoing harm to IMS or others.  You agree that IMS shall not be liable to you nor to any third party for any suspension of the Portal under such circumstances.

Portal Content

The Portal may contain a variety of IMS information and content, including:  (1) copyrighted material, such as information, text, directories, graphics, data, software, compilations, designs, graphical interface, and overall “look and feel,” (2) trademarks, logos, trade names, service marks, and trade identities, whether registered or unregistered (collectively the “Trademarks”), and (3) other forms of information and intellectual property (all of the foregoing collectively and individually are referred to as “Content”).

Ownership / Trademarks

All right, title, and interest in and to the IMS Content available via the Portal is the property of Immediate Mailing Services, Inc. or its licensors, and is protected by U.S. and international copyright, trademark, patent, or other proprietary rights and laws.  You may not copy or otherwise use any of the Content except as expressly authorized by these Terms of Use, as applicable.  You must not use IMS’ Trademarks without the prior written permission of IMS.  All other names, logos, product and service names, designs and slogans on this Portal are the trademarks of their respective owners.

Portal Accuracy

While IMS strives to keep the Content that IMS posts on the Portal accurate, complete, and up-to-date, IMS cannot and does not guarantee, represent or warrant that any of the Content on the Portal is accurate, complete, timely or applicable to you.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Portal, or by anyone who may be informed of any of its contents.

User Contributions

The Portal may contain other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Portal.

All User Contributions must comply with these Terms of Use.  It is a condition of your use of the Portal that all the information you provide on the Portal is accurate, current and complete, and complies with all applicable federal, state and local laws.

By providing any User Contributions on the Portal, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any lawful business purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not IMS, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Portal.

Links to Other Third Party Sites

The Portal may provide links to other third-party sites and/or resources that IMS does not maintain or are not under our control (“Third Party Sites”).  Your dealings with such Third Party Sites are solely between you and such third parties.  You acknowledge and agree that IMS is not responsible for, and IMS make no representations or warranties with respect to, the content, products, services, personal information practices, ownership, or legality of any such linked Third Party Site unless expressly stated by us.  Your use of such Third Party Sites is subject to the terms and conditions established by such third parties, and IMS encourages you to review their user terms and privacy policies before you use their services.  Your access to and use of such Third Party Sites is solely at your own risk, and you agree that will not be responsible or liable for any loss or damage of any sort that you may suffer as the result of your dealings with such Third Party Sites.

Portal Availability

IMS strives to provide access to the Portal twenty-four (24) hours a day, seven (7) days a week.  You agree, however, that from time to time the Portal may be inaccessible or inoperable for various reasons, including (i) equipment malfunctions; (ii) periodic scheduled maintenance procedures or repairs which IMS may undertake from time to time; or (iii) causes beyond the control of IMS or which are not reasonably foreseeable by IMS, including interruption or failure of telecommunication or digital transmission links, hostile network attacks or network congestion or other failures.  IMS shall have no obligation during performance of such operations to mirror your content on any other server or to transfer content to any other server.

Transmission of Data

You understand that the technical processing and transmission of your electronic communications may be fundamentally necessary to your of the Portal.  You expressly consent to IMS’ storage of your content, and you acknowledge and understand that your electronic communications will involve transmission over the internet, and over various networks, only part of which may be owned and/or operated by IMS.  You acknowledge and understand that changes to your electronic communications may occur (including but not limited to encryption and compression) in order to conform and adapt such data to the technical requirements of connecting networks or devices.  You further acknowledge and understand that electronic communications may be accessed by unauthorized parties when communicated across the internet, network communications facilities, telephone or other electronic means.  You agree that IMS is not responsible for any electronic communications and/or your content which are delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across networks including, but not limited to, the internet and your local network.  You acknowledge and agree that all email messages sent through use of the Portal may not be received by their intended recipients.

Technical Support

IMS will provide you with Technical Support.  “Technical Support” shall mean assistance provided directly to you to resolve any errors or issues with the Portal.  Technical Support services are provided via telephone and/or e-mail contact with IMS personnel 9:00 AM to 6:00 PM EST Monday – Friday, excluding IMS’ holidays.

Disclaimer of Warranties

You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PORTAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.  YOUR USE OF THE PORTAL, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL IS AT YOUR OWN RISK.  THE PORTAL, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER IMS NOR ANY PERSON ASSOCIATED WITH IMS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PORTAL.  WITHOUT LIMITING THE FOREGOING, NEITHER IMS NOR ANYONE ASSOCIATED WITH IMS REPRESENTS OR WARRANTS THAT THE PORTAL, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE PORTAL OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.  IMS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL IMS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PORTAL, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PORTAL OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PORTAL OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, FINES, TAXES, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless IMS, its affiliates and service providers, and its and their respective officers, directors, employees, contractors, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees for both the indemnification and in enforcing the indemnification against you) arising out of or relating to your violation of the law, these Terms of Use or your use of the Portal, including, but not limited to, your User Contributions, any use of the Portal’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Portal.

Governing Law and Jurisdiction

All matters relating to the Portal and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).  Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Portal shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of Syracuse, New York.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these terms of use or the portal must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

Waiver and Severability

No waiver of by IMS of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of IMS to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy and any service, and/or non-disclosure written and executed agreement between you and IMS constitute the sole and entire agreement between you and IMS with respect to the Portal and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Portal.

Your Comments and Concerns

This website is operated by Immediate Mailing Services, Inc.
* The Portal also connects the user to third party portals for services provided to IMS clients.