Updater Terms of Services

Updated May 4, 2016

Introduction

Updater Inc. ("we", "us" or "Updater") operates the web site https://www.updater.com (the "Site") whereby we offer certain services, including, but not limited to, our change-of-address services (our "Services"). If you wish to use the Site as a visitor or sign up for an Updater user account (become a "User"), regardless of whether you use any of our Services, please carefully read these terms of use (the "Terms of Use" or this "Agreement") and Updater’s Privacy Policy (found at https://www.updater.com/privacy). This Agreement sets forth the terms and conditions that apply to your access and use of the Site (whether you are as a visitor or User) and the terms and conditions under which we provide our Services.

Privacy and your Personal Information

For information about Updater's data protection and privacy practices, please read Updater's Privacy Policy, which is hereby incorporated by reference into this Agreement. The Privacy Policy explains how Updater treats your personal information when you access the Site or use the Services. The Privacy Policy may be updated from time to time at Updater’s discretion. Changes to the Privacy Policy will be effective upon posting to the Site.

Accepting the Terms

By using the Site, engaging with technology "powered by Updater" or ordering one of our Services, you agree to be bound by the terms and conditions of this Agreement and Updater’s Privacy Policy, as they may be amended from time to time in the future. You may not use the Site or order Services if you're not of a legal age to form a binding contract with Updater. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you're acting on behalf of a person or entity, that you have the authority to bind such person or entity to it.

Changes to this Agreement

Updater may amend this Agreement at any time, with or without notice to you, by posting amended Terms of Use on the Site. Updater will clearly indicate the date of the last amendment at the top of this page ( https://www.updater.com/terms-of-use ). The most current version of the Terms of Use will supersede all previous versions. It's your responsibility to check this Agreement periodically for changes. You hereby accept and agree to be bound by future changes unless and until you expressly inform Updater that you no longer agree to this Agreement. If you do so, your user account will be terminated and you'll no longer be able to use the Site or order Services.

User Account Information

You agree and understand that you're responsible for maintaining the confidentiality of the password and email combination that allows you to access your account, whether you create an Updater login or create your account using your Google or Facebook credentials. If you become aware of any unauthorized use of your account information, you must notify us immediately at help@updater.com.

Notices, Alerts, and Other Emails

You agree to receive all required notices at the e-mail address that you use to create your account.

Required notices include, but aren't limited to, a welcome email upon account creation, a receipt upon ordering one or more of the Services, important reminders (such as notifications when your mail begins forwarding), and information regarding changes to your Updater account (such as a change to your account login information). It's your responsibility to update or correct your email address, as appropriate, by emailing help@updater.com. You cannot opt-out of required notices without deleting your account.

Updater may from time to time provide alerts that may contain helpful reminders and notifications of new features or products. At any time you may disable future alerts by emailing help@updater.com.

If you indicate that you do wish to receive information about special deals and offers for new-movers in your neighborhood when you create your account, you may periodically receive marketing related emails. At any time you may disable future marketing emails by emailing help@updater.com.

Your Use of the Site and Services

You're only entitled to access the Site and use the Services for lawful purposes. You shall provide true, accurate, current and complete information, and you shall not misrepresent your information or use or input on the Site any other person’s information without their express consent. Any fraudulent activity will be reported to federal authorities for prosecution.

Your access to and use of the Site and Services may be interrupted from time to time for any reason, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site, or other actions that Updater, in its sole discretion, may elect to take.

You agree that Updater may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials, whether such feedback or comments are emailed to Updater, entered on the Site, or entered on a third party website. You grant Updater a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty free license to use the feedback and comments you provide to Updater in any way.

You understand and agree that we may review and delete any content that you provide, including messages, identifiers, company names or profiles that in our sole judgment violates this Agreement, or that may be offensive, illegal, inaccurate or that may violate the rights of others.

Updater's Services

Updater's Services include, but aren't limited to:

  • Filing an official USPS Change of Address Order (Form 3575) with the United States Postal Service on behalf of the User; such form being "temporary" or "permanent" as designated by the User
  • Transmitting change of address notifications to third parties on behalf of the User and only as instructed by the User
  • Transmitting opt-in requests to third parties on behalf of Users indicating an interest to learn more about applicable services or products
  • Providing new-movers with discounted gift cards, deals, coupons or pre-paid vouchers to home service providers or relocation service providers
  • Transmitting mailing suppression requests to third party data brokers and/or the Direct Marketing Association on behalf of the User and only as instructed by the User
  • Transmitting "do-not-mail" requests to third party mailers on behalf of the User and only as instructed by the User
  • Transmitting opt-out requests to third party entities, such as consumer credit reporting companies regarding firm offers of credit or insurance mailed through the US Postal Service

Updater will make commercially reasonable efforts to implement our Services by contacting various third parties as requested by our Users, but we don't guarantee successful notification and we aren't responsible for the actions or omissions of the third parties we contact on behalf of Users.

Updater reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. As set forth in detail below, you agree that Updater shall not be liable to you or to any third party for any modification, suspension, failure or discontinuance of the Services.

User Authorization and Certification

By using Updater's Services, you authorize Updater to act as your authorized agent to instruct, as applicable, third parties to, among other things:

  • Process your official USPS Change of Address Order(s) (Form 3575)
  • Process your address change for your selected accounts and records
  • Contact you regarding special deals, coupons, or offers for relocating families and individuals
  • Remove or suppress your name(s) and address(es) from mailing or marketing lists or other databases

For USPS Change of Address Orders, you must be acting on your own behalf or you must be the person, executor, guardian, authorized officer, or agent of the person or business for whom mail would be forwarded under the USPS mail forwarding change of address order. You certify that you understand that submitting false or inaccurate information on this form through the Site is subject to punishment by fine or imprisonment or both under Sections 2, 1001, 1702 and 1708 of Title 18, United States Code.

For address change notifications to third parties other than the USPS, you must be the person for whom the address change is requested. If you're acting on behalf of someone else, you must have the person’s express authorization. You may not add a third party to your Update List unless you have an account or record in the database of such third party. Your Update List may only be used as a sign-up tool for free catalogs.

For special deals, coupons or offers, you must be the person for whom the applicable offer(s) is requested. If you're acting on behalf of someone else, you must have the person’s express authorization. You must provide true and accurate information to claim the applicable offer(s).

For "do-not-mail" notifications, you must be the named recipient of the mailing(s) for which you're asking to be unsubscribed or, if such mailing(s) are addressed to "current resident", you must be the current resident at such address. If you're acting on behalf of someone else, you must have the express authorization from the named recipient of the mailings. You may not add a third party to your Do-Not-Mail List unless you're currently receiving mail from the applicable third party. Your Do Not Mail List may not be used as a preventative measure.

For marketing list and other opt-out requests, you must be the person for whom the opt-out request is made and you must reside at the postal address for which suppression or opt-out is requested. If you're acting on behalf of someone else, you must have the person’s express authorization.

Refunds

All Updater Services are subject to Updater's 100% Satisfaction Guarantee. Updater will refund any payments if you're not satisfied with the Updater Services for which you paid. Simply email help@updater.com with any questions or concerns.

Term

You may terminate this Agreement and your account with Updater at any time and for any reason by emailing help@updater.comor by sending a written notification to our office at the address in the Contact Updater section below. We may terminate this Agreement with you, terminate your account, and elect not to implement our Services for you at any time and for any reason, effective upon sending notice to you at the email address you provided for your account.

Updater's Intellectual Property Rights

The contents of the Site, including its look and feel (e.g. text, graphics, images, logos and button icons), photographs, content, notices, software, patented or patentable systems and methods, copyrighted material, trademarks, and other proprietary information (collectively, "Proprietary Information") are protected under both United States and other applicable copyright, trademark and other laws. The Proprietary Information belongs exclusively to Updater. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such Proprietary Information. Updater grants you the right to view and use the Site subject to these terms. Any distribution, reprint or electronic reproduction of any content from Updater in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Disclaimers

Updater, and the person or company that referred you to Updater, make no representations, warranties or guarantees, express or implied, regarding the accuracy, reliability, safety or completeness of the content on the site or of the services.

Updater assumes no responsibility for any error, omission, interruption, deletion, defect, communications failure, theft or destruction or unauthorized access to, or alteration and use of, User information.

Updater is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of email on account, or technical problems or traffic congestion on the Internet or any combination thereof, including injury or damage to Site visitors, Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with the Services.

Under no circumstances will Updater be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Services.

The Site and the Services are provided "AS-IS" and (to the extent legally permitted), Updater expressly disclaims all warranties or conditions of any kind, express or implied, including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. Updater makes no warranty that the Site will be error-free and that access thereto will be continuous and uninterrupted. Updater can't guarantee and doesn't promise any specific results from use of the Site and/or the Services. If you decide to register as a User or to use the Services, you do so at your own discretion and risk.

Updater is not responsible for the conduct, whether online or offline, of any User.

Limitation of Liability

In no event is Updater, or the person or company that referred you to Updater, liable to any visitor to the Site, User or third party for any indirect, consequential, exemplary, incidental, special or punitive damages (however arising, including negligence), including lost profits arising out of, or relating to any use or misuse of the Site or Services or any part thereof.

Your Indemnification of Updater

You shall defend, indemnify and hold harmless Updater and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part, arising out of or attributable to any breach of this Agreement by you.

Claims or Disputes

If there is any claim, controversy or dispute at law or equity about this Agreement, the Site and/or the Services, you agree that you and we'll resolve any claim in accordance with this paragraph. This Agreement will be governed in all respects by the laws of the state of New York, without regard to its conflicts of law principles. With respect to any disputes or claims, you acknowledge and understand that exclusive jurisdiction over any cause of action arising out of this Agreement or the Services shall be in the state or federal courts located in or near New York City, New York. You agree to submit to the jurisdiction of such courts, and you hereby waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts located in or near New York City, New York.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is deemed unlawful, void or unenforceable shall be stricken from this Agreement.

Contact Updater

Updater Inc. is located at 1140 Broadway, Suite 905, New York, NY 10001. Customer service questions may be emailed to help@updater.com.