Terms and Conditions

Terms and Conditions

Date Last Revised: December 26, 2019

This Agreement sets forth the terms and conditions that apply to your access and use of Onyx Products (“Onyx”), , which is owned and operated by Stamps.com Inc., a Delaware corporation (“Stamps.com”). By using Onyx you agree to be bound by the terms and conditions of this Agreement, the Stamps.com Privacy Policy, and, as applicable, the Stamps.com PC Postage Terms and Conditions as they may be amended from time to time in the future (see “Modifications” below).

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1. Accepting the Terms

By using the information, tools, features and functionality located on Onyx, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse Onyx) or you are a “Onyx Customer” (which means that you have purchased products from Onyx. The term “you” or “User” refers to a Visitor or a Onyx Customer. The term “we” refers to Stamps.com.

You may not use Onyx and you may not accept this Agreement if you are not of a legal age to form a binding contract with Stamps.com.

If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

2. Privacy and your Personal Information

For information about Stamps.com’s privacy practices, please read Stamps.com’s Privacy Policy, which is hereby incorporated into this Agreement. This policy explains how Stamps.com treats your personal information when you access Onyx. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

3. Stamps.com Offers and Third-Party Links

Some parts of Onyx may display Stamps.com Offers that may be custom matched to you based on queries made through the Onyx website or other information.

4. Use of the Onyx Website

Your access and use of Onyx may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Onyx, the Onyx website or other actions that Stamps.com, in its sole discretion, may elect to take.

5. Stamps.com’s Intellectual Property Rights

Copyright 2011-2018 Stamps.com Inc. All rights reserved. Stamps.com, the Stamps.com logo, and NetStamps are trademarks or registered trademarks of Stamps.com Inc. and its subsidiaries. All other brands and names are property of their respective owners.

The contents of Onyx and the Onyx website, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of Onyx and the Onyx website belong to Stamps.com or its software or content suppliers. Stamps.com grants you the right to view and use the Web Service subject to these terms. Covered by and/or for use with U.S. Patents 6,868,406; 7,216,110; 7,236,956; 7,236,970; 7,458,612; 7,490,065; 7,567,940; 7,613,639; 7,765,168; 7,774,285; 7,831,524; 7,844,553; 7,882,094; 8,027,926; 8,027,927; 8,027,935; 8,041,644; 8,046,823; 8,103,647; RE43,345; 8,195,579; 8,201,217; 8,240,579; 8,301,572; 8,392,391; 8,498,943; 8,626,673; 8,626,674; 8,751,409; 8,768,857; 8,843,464; and 8,954,355.

6. Access and Interference

You agree that you will not:

Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Onyx or any portion of the Onyx website, without Stamps.com’s express written consent, which may be withheld in Stamps.com’s sole discretion;
Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Onyx website, other than the search engines and search agents available through generally available third-party web browsers (such as Microsoft Explorer);
Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Onyx website; or
Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Onyx website.

7. Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH STAMPS.COM OR PROVIDED THROUGH ONYX, INCLUDING THE ONYX WEBSITE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. STAMPS.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF ONYX AND THE ONYX WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF ONYX AND THE ONYX WEBSITE IS AT YOUR SOLE RISK.

STAMPS.COM MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON ONYX AND THE ONYX WEBSITE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. STAMPS.COM MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE WEB SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

8. Limitations on Stamps.com’s Liability

STAMPS.COM SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO ONYX, YOUR USE OF THE ONYX WEBSITE OR THIS AGREEMENT, EVEN IF STAMPS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, STAMPS.COM’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).

9. Your Indemnification of Stamps.com

You shall defend, indemnify and hold harmless Stamps.com 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.

10. Modifications

Stamps.com may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Onyx website. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Web Service after those changes are posted.

11. Governing Law and Forum for Disputes

This Agreement, and your relationship with Stamps.com under this Agreement, shall be governed by the laws of the State of California without regard to its conflict or choice of laws provisions. Any dispute with Stamps.com, or its officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the small-claims court of the Superior Court of California within the county of Los Angeles, California, except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Stamps.com may seek such relief in any court with jurisdiction over the parties. You understand that, in return for agreement to this provision, Stamps.com is able to offer the Web Service at the terms designated, without charge to you, and that your assent to this provision is an indispensable consideration to this Agreement.

You also acknowledge and understand that, with respect to any dispute with Stamps.com, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and
YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.

12. 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 unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if Stamps.com does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Stamps.com has the benefit of under any applicable law), this will not be taken to be a formal waiver of Stamps.com’s rights and that those rights or remedies will still be available to Stamps.com.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and Stamps.com regarding the subject matter of the same, and supersedes all other previous agreements.