# SameDayNotice Website Terms of Service — Draft for Counsel Review (Not for Publication)
> DRAFT — FOR COUNSEL REVIEW — NOT FOR PUBLICATION
Version date: October 3, 2026. Website: [www.samedaynotice.com]. Contracting entity: Certified Mail Envelopes, Inc., doing business as SameDayNotice ("SameDayNotice," "Company," "we," "us," or "our").
Placeholder Completion Schedule — the following must be completed and approved by licensed counsel before publication or customer use: 1. Legal entity details [Confirm state of incorporation, principal place of business, and entity registration details]. 2. Governing law [State]. 3. Exclusive venue [County and State]. 4. Negotiation period [Number of days]. 5. Arbitration decision [Include arbitration / exclude arbitration]. 6. Class-action waiver decision [Include / exclude / revise]. 7. Company legal-notice address [Complete street address or legally approved postal address]. 8. Company customer-support address [Support email and mailing address]. 9. Privacy-policy URL [Approved Privacy Policy URL]. 10. Effective date [Date these Terms become effective]. 11. Fee schedule [Approved subscription, transaction, portal-access, electronic-service, printing, postage, Return Receipt, production, storage, support, and other fees]. 12. Electronic-service fee policy [Approved fee, timing, disclosure, and refund rules]. 13. Refund policy [Approved refund and cancellation terms]. 14. Postal-charge policy [Treatment of postage, production, Return Receipt, address correction, re-mailing, and third-party charges]. 15. Taxes [Tax collection and exemption rules]. 16. Liability cap [Approved dollar amount or fee-based formula]. 17. Insurance requirements [Any required customer or Company insurance provisions]. 18. Customer eligibility [Business-only use, consumer use, or both]. 19. Minimum user age [Approved minimum age]. 20. Retention periods [Approved retention periods by record type]. 21. Legal-hold process [Approved legal-hold procedure]. 22. Vendor references [Approved list or categories of USPS, printing, identity-verification, multifactor-authentication, email, cloud-storage, payment, PDF-processing, address-validation, and other vendors]. 23. Vendor disclosures [Required vendor and subprocessor disclosures]. 24. Data-processing terms [Approved data-processing addendum and controller/processor roles]. 25. Security commitments [Approved security descriptions and any contractual security commitments]. 26. Notice-category restrictions [Approved customer notice categories and excluded categories]. 27. Customer pilot restrictions [Whether customer pilots require separate written approval]. 28. Authorized Company signatory [Name and title]. 29. Counsel approval [Name of reviewing licensed attorney or law firm and approval date].
1. Agreement to These Terms — These Website Terms of Service ("Terms") govern access to and use of the SameDayNotice website, portal, application programming interfaces, batch-upload tools, file-transfer services, mailing services, electronic-notice services, and related products and services (collectively, the "Service"). The Service is provided by Certified Mail Envelopes, Inc., doing business as SameDayNotice. By accessing or using the Service, creating an account, submitting an order, accepting an electronic agreement, or clicking an acceptance button that references these Terms, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Service. If you use the Service on behalf of a company, property manager, law firm, government agency, lender, servicer, insurer, employer, or other organization: (1) you represent that you have authority to bind that organization; (2) "Customer" means that organization; (3) the organization is responsible for your use of the Service and the acts and omissions of its authorized users; and (4) the organization accepts these Terms on behalf of itself and its authorized users. You may not accept these Terms or use the Service if you lack authority to contract, are legally unable to enter into a binding agreement, or are below the minimum age specified in the Placeholder Completion Schedule.
2. Definitions — "Account" means a Customer, user, sender, recipient, or other authorized account established for use of the Service. "Authorized User" means an individual whom Customer permits to access or use the Service under Customer's Account. "Customer Content" means documents, PDFs, notices, letters, recipient information, addresses, email addresses, attachments, replies, instructions, and other materials submitted to or generated through the Service by or for Customer. "Evidence Package" means an access-controlled report or export that correlates selected postal, production, document, identity, consent, access, reply, and other event records. "Portal" means the authenticated SameDayNotice environment through which an authorized user may access permitted documents, disclosures, consent flows, replies, and records. "Recipient" means an intended addressee or other person whom Customer authorizes to receive or access a notice or document. "Service" has the meaning stated in Section 1 and includes any related services identified in an applicable order, order form, proposal, or service description.
3. Description of the Service — SameDayNotice provides a service that may combine: (1) a physical mailing ordered by Customer; and (2) separately authorized access to a securely uploaded PDF through the Portal. The physical mailing and Portal access are separate service paths. A Customer order may include USPS Certified Mail, Return Receipt, printing, production, and other selected options identified during the ordering process. For Portal access, the intended Recipient may be required to: register or sign in; verify an email address or other account information; complete multifactor authentication or other identity and security steps; review required disclosures; demonstrate access to the electronic format where applicable; and provide affirmative, appropriately scoped consent before viewing the document. A physical copy is mailed on the sender's schedule and proceeds independently of whether the Recipient uses the Portal. The Service may record events relating to document upload, production, transmission, authentication, consent, Portal access, downloads, print requests, replies, attachments, physical-mail processing, and other operations. These records are described accurately and are not a guarantee of legal effectiveness, delivery, receipt, reading, understanding, or admissibility.
3.1 Neutral Invitation — Where an electronic invitation is used: the email is a neutral invitation to a general SameDayNotice sign-in or registration page; the email does not contain the document; the email does not contain a document-specific access link; the email does not itself provide a document-access credential; the general sign-in destination is not intended to identify a particular document before authentication; clicking the invitation alone cannot retrieve a document; and the Recipient must complete the required authentication, disclosure, consent, and access steps before viewing any authorized document. The actual invitation format, required disclosures, and delivery method may vary based on the applicable Service configuration and legal approval.
4. No Legal Advice; No Legal Sufficiency — SameDayNotice is a technology and mailing-service provider. SameDayNotice is not a law firm and does not provide legal advice, legal representation, legal opinions, or advice regarding the sufficiency of any notice. SameDayNotice does not: determine whether a notice satisfies any law, regulation, contract, ordinance, rule, court order, or other legal requirement; determine whether a particular Recipient, address, communication method, or timing is legally sufficient; select, recommend, or declare a legally sufficient delivery method; determine whether a Customer must use personal service, Certified Mail, First-Class Mail, overnight delivery, publication, posting, hand delivery, electronic delivery, or another method; determine whether a document constitutes legal service, notice, demand, process, or receipt; determine whether a particular electronic consent is legally effective for a particular transaction; evaluate whether a Customer has satisfied a statutory deadline; or advise Customer about the legal effect or evidentiary weight of any Service event. Customer is solely responsible for: determining whether the Service is appropriate for Customer's intended use; determining whether electronic access together with a physical mailing satisfies Customer's legal, regulatory, contractual, or court-related obligations; obtaining any required consent, authorization, disclosure, acknowledgment, or waiver; preparing and reviewing all notice content; identifying the correct Recipient; supplying accurate email and postal information; selecting the applicable mailing and delivery services; determining the required timing of each notice; preserving any records required by applicable law; and obtaining advice from its own licensed attorney where legal guidance is needed. Use of the Service does not create an attorney-client relationship between Customer or any Recipient and SameDayNotice.
5. Sensitive and Restricted Notice Categories — Before using the Service for any notice whose electronic delivery is restricted, limited, or prohibited by law, Customer represents and warrants that Customer has independently confirmed with its own licensed counsel that the intended use is permitted. This obligation applies without limitation to notices or documents potentially subject to exceptions or special requirements under the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 7001–7003 ("E-SIGN"), including: court orders, notices, and official court documents required for court proceedings; notices relating to cancellation or termination of utility services; notices relating to default, acceleration, repossession, foreclosure, eviction, or the right to cure under a credit agreement secured by, or a rental agreement for, a primary residence; notices relating to cancellation or termination of health insurance or life insurance benefits, subject to applicable statutory limitations; notices relating to product recalls or product failures that create a risk to health or safety; and documents required to accompany the transportation or handling of hazardous, toxic, or dangerous materials, pesticides, or similar materials. The same obligation applies to comparable restrictions or special requirements under state law, local law, regulations, court rules, contracts, agency requirements, or other applicable authority. Customer must independently confirm: that electronic delivery or electronic access is permitted; that any required electronic-consent process has been satisfied; that a physical mailing is independently required or selected; that the selected physical-mail service is appropriate; and that the content, timing, address, and Recipient are correct. SameDayNotice may refuse, suspend, or restrict a notice category if SameDayNotice reasonably believes that the intended use presents legal, security, safety, fraud, or operational risk.
6. No Guarantee — To the maximum extent permitted by law, SameDayNotice does not guarantee: USPS acceptance, processing, delivery, attempted delivery, Return Receipt, or delivery timing; delivery of an email or other electronic invitation to an inbox or device; that a Recipient will register, authenticate, consent, view, download, print, or reply; that a Recipient is the person or entity intended by Customer, except to the extent of the authentication method actually performed; that a Recipient reviewed or interpreted, agreed with, or acted on a document; that a document was physically printed, mailed, received, opened, read, or retained by a Recipient; that a mailing or Portal event occurred within a legal deadline; that a document or communication constitutes legal service or legally effective notice; that any Evidence Package will be accepted by a court, agency, arbitrator, regulator, opposing party, or other decision-maker; that any records will be accepted as evidence in a particular proceeding; uninterrupted or error-free operation; continued availability of any particular vendor, postal service, identity method, or integration; preservation of any record for a period not specified in an applicable written agreement; or any particular legal, business, financial, regulatory, or litigation outcome. USPS, email providers, identity providers, cloud providers, printing providers, payment providers, and other third parties are independent providers. Their acts, omissions, systems, policies, and service levels may affect the Service.
7. Customer Responsibilities — Customer is responsible for all Customer Content and all instructions submitted through Customer's Account. Customer represents and warrants that Customer: has the authority and lawful basis to use each Recipient's name, email address, postal address, telephone number, identity information, and other personal information; has the authority to submit each document and notice; has obtained any required consent, authorization, delegation, or agency appointment; has provided accurate, complete, and current information; has reviewed each document before submission; has selected the intended Recipient and mailing address; has complied with applicable privacy, consumer-protection, electronic-communications, records-retention, accessibility, notice, and other laws; will not use the Service for a purpose prohibited by law or these Terms; will not use the Service to evade a legal service, notice, consent, disclosure, or delivery requirement; will not submit content that is unlawful, fraudulent, deceptive, defamatory, harassing, threatening, abusive, discriminatory, obscene, or infringing; will not submit malware, malicious code, harmful files, or content designed to interfere with the Service; will not impersonate another person or organization; will not misrepresent the identity of a sender or Recipient; will not use the Service to send unsolicited commercial communications in violation of applicable law; will not scrape, crawl, harvest, reverse engineer, or systematically extract information from the Service; will not interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service; will not circumvent authentication, consent, rate limits, access controls, or security measures; will not resell, sublicense, or provide access to the Service to third parties except under a written agreement with SameDayNotice; will not use the Service to transmit credentials, passwords, multifactor codes, or identity documents by email unless specifically authorized by the Service; will maintain the security of Customer's credentials and devices; and will promptly notify SameDayNotice of unauthorized access, suspected compromise, inaccurate information, or misuse. Customer is responsible for the acts and omissions of all Authorized Users and persons using Customer's Account credentials.
8. Accounts, Authentication, and Access — Certain Service features require registration and an Account. Customer and each user must provide accurate and complete information and keep that information current. SameDayNotice may require email verification, multifactor authentication, identity verification, protected account recovery, delegated-access procedures, or other security controls. An email or text-message verification code may establish control of an account, device, or communication channel. It does not necessarily establish civil identity, legal capacity, authority, or receipt of a document. Customer must not: share credentials except through an approved delegated-access feature; permit unauthorized persons to use an Account; use another person's credentials; attempt to access a document without authorization; bypass or disable a security feature; or use a postal tracking number, invitation, email address, or other information as a substitute for required authentication. SameDayNotice may suspend, restrict, or terminate an Account or access to all or part of the Service where reasonably necessary to: protect the Service, Customer, a Recipient, or another person; investigate suspected fraud, misuse, or unauthorized access; address a security incident; comply with law, legal process, or a government request; address nonpayment; prevent harm to SameDayNotice or a third party; or enforce these Terms.
9. Physical Mailing Terms — The physical mailing is created from Customer's authorized order and selected mailing instructions. Customer may select available services and options, which may include: USPS Certified Mail; Return Receipt; printing and color options; production timing; postage; address-processing services; and other options displayed at order submission. The physical mailing may be subject to production cutoffs, postal requirements, address limitations, vendor availability, payment authorization, and other operational conditions. The mailing proceeds independently of: whether an invitation email is opened; whether an invitation email bounces; whether a Recipient registers; whether a Recipient passes or fails authentication; whether a Recipient provides consent; whether a Recipient views or downloads a document; whether a Recipient replies; or whether a Portal service is temporarily unavailable. The physical mailing is not created, delayed, held, canceled, or restarted solely because of email opens, email bounces, failed logins, lack of consent, nonresponse, Portal activity, or Recipient behavior. Any cancellation, correction, re-mailing, or change to a physical mailing must be handled through an authorized and separately logged operational process. SameDayNotice may charge applicable production, postage, vendor, cancellation, correction, or re-mailing fees. A postal tracking event, acceptance event, attempted-delivery event, delivery event, or Return Receipt event is recorded only to the extent received from or supported by the applicable postal or fulfillment source. A missing scan does not necessarily establish that USPS did not accept or process a mailing.
10. Portal Access, Consent, and Replies — Before viewing an authorized document, a Recipient may be required to review disclosures concerning: electronic records and communications; hardware and software requirements; paper-copy availability; withdrawal of consent; contact-information changes; applicable fees; scope and duration of consent; and other legally or operationally required terms. Where applicable, the Service may require the Recipient to demonstrate access to the electronic format using a test document or other method. A successful test demonstrates only the result of that test and does not prove that the Recipient reviewed or interpreted, or agreed with another document. Consent may be limited by sender, document, record category, transaction, or other defined scope. Consent to access one document does not necessarily constitute consent to receive all future electronic records from all senders. Withdrawal of consent may stop future electronic uses within the scope of the withdrawal, subject to applicable law and operational requirements. Withdrawal does not: erase historical records; alter past events; prove that a prior document was not received; automatically cancel a physical mailing; automatically order a new physical mailing; or relieve Customer of its legal obligations. Authenticated Portal replies and attachments may be associated with the applicable sender, Recipient, document, or conversation. SameDayNotice does not represent that a Portal reply constitutes legal service, a filing, a submission to a court or agency, or a legally sufficient response.
11. Evidence and Records — The Service may record some or all of the following: original document and derivative-document identifiers; cryptographic digests or hashes; document versions and page counts; sender approval; production and insertion information; mailing-job information; selected postal services; address and address-update provenance; invitation template version; email-provider message identifiers; submission, transmission, bounce, error, or other provider events; authentication and identity-method information; disclosure and consent versions; test-document or format-access results; document-display events; download-requested or download-completed events where observable; print-request events; Portal replies and attachment relationships; postal tracking and Return Receipt information received from applicable sources; affidavit information supplied by an authorized signer; source timestamps and ingestion timestamps; account and access history; and corrections or annotations made through authorized procedures. SameDayNotice may correlate records in an access-controlled Evidence Package. The Evidence Package does not authorize disclosure, grant access, initiate a mailing, change a mailing, or determine legal effectiveness. Records may be maintained using append-only corrections, versioning, access controls, backups, retention controls, legal holds, and other measures selected by SameDayNotice. SameDayNotice does not represent that records are: tamper-proof; historical; complete for every possible event; free from error; self-authenticating in every jurisdiction; accepted as evidence in every proceeding; or sufficient by themselves to establish delivery, receipt, reading, understanding, legal service, or legal effectiveness. Customer is responsible for determining whether Customer requires additional records, certifications, affidavits, witnesses, declarations, or preservation measures.
12. Fees, Payment, Taxes, and Refunds — Customer will pay the fees displayed at checkout or stated in an applicable order, order form, proposal, subscription, or written agreement. Fees may include: subscription or account fees; transaction fees; electronic-service or Portal-access fees; printing and production fees; postage; USPS Certified Mail fees; Return Receipt fees; address-processing fees; storage or retention fees; API, batch, SFTP, or integration fees; support or expedited-service fees; cancellation, correction, or re-mailing fees; and applicable taxes and third-party charges. Customer authorizes SameDayNotice or its payment processor to charge the selected payment method for approved amounts. Customer must provide current and accurate billing information. Unless otherwise stated in writing: fees are nonrefundable after production, postage purchase, transmission, or performance begins; unused services, failed Recipient access, lack of consent, unopened invitations, email bounces, and Portal nonuse do not automatically entitle Customer to a refund; postal charges and third-party charges may be nonrefundable; refunds, if any, are limited to the amount expressly approved under the applicable refund policy; and Customer remains responsible for fees incurred before suspension or termination. Customer is responsible for all applicable sales, use, excise, transaction, value-added, withholding, and similar taxes, except taxes imposed on SameDayNotice's net income. If payment is overdue, SameDayNotice may suspend access, require prepayment, charge permitted late fees, or pursue collection of unpaid amounts.
13. Intellectual Property — The Service, including its software, interfaces, workflows, designs, text, graphics, trademarks, service marks, logos, documentation, reports, templates, and other materials, is owned by or licensed to SameDayNotice and is protected by applicable intellectual-property laws. SameDayNotice grants Customer a limited, nonexclusive, nontransferable, non-sublicensable right during the applicable Service term to access and use the Service for Customer's internal business purposes in accordance with these Terms. Customer may not: copy, modify, or create derivative works of the Service; sell, sublicense, lease, distribute, or provide the Service to an unauthorized third party; reverse engineer or attempt to discover source code; remove proprietary notices; use SameDayNotice marks without written permission; use the Service to build a competing product; or access the Service to evaluate it for unauthorized competitive purposes. Customer retains its rights in Customer Content, subject to the license and permissions necessary for SameDayNotice and its service providers to provide, secure, maintain, support, and improve the Service. Customer grants SameDayNotice a limited, worldwide, nonexclusive license to host, reproduce, process, transmit, display, modify as technically necessary, and otherwise use Customer Content solely to provide, secure, support, maintain, comply with law, and administer the Service. Nothing in these Terms grants Customer a license to SameDayNotice's technology, patents, patent applications, trade secrets, or other intellectual property beyond the limited Service-use right stated above. SameDayNotice makes no representation concerning patent status, patent clearance, freedom to operate, patent infringement, or patent protection.
14. Confidentiality and Data Protection — Each party receiving nonpublic information from the other party will use reasonable care to protect that information and will use it only for purposes of performing or receiving the Service or exercising rights under these Terms. Confidential information does not include information that: is or becomes public without breach of these Terms; was lawfully known without a confidentiality obligation; is received lawfully from a third party without a confidentiality obligation; or is independently developed without use of the other party's confidential information. A party may disclose confidential information where required by law, subpoena, court order, or governmental authority, provided that the party gives legally permitted notice where practicable. Customer is responsible for determining whether Customer Content contains confidential, privileged, regulated, sensitive, or legally protected information and whether the Service is appropriate for that information. The Company's collection and use of personal information are governed by the Privacy Policy available at [Approved Privacy Policy URL]. The Privacy Policy is incorporated into these Terms only to the extent expressly stated in that policy. Where Customer determines the purposes and means of processing personal information and SameDayNotice processes that information on Customer's behalf, Customer may be a controller or business and SameDayNotice may be a processor or service provider, subject to applicable law and any executed data-processing agreement. Customer must not submit unnecessary sensitive personal information, passwords, authentication codes, or identity documents unless the Service expressly requires or permits the submission. Approved vendors and subprocessors may process information as necessary to provide the Service. The applicable vendor and subprocessor list is [Vendor Reference or URL].
15. Disclaimers of Warranty — TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. SameDayNotice DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AVAILABILITY, SECURITY, AND ERROR-FREE OR UNINTERRUPTED OPERATION. SameDayNotice DOES NOT WARRANT THAT: THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS; THE SERVICE WILL BE AVAILABLE AT A PARTICULAR TIME; THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR ERROR; THE SERVICE WILL PREVENT ALL SECURITY INCIDENTS; ANY DOCUMENT WILL BE DELIVERED, RECEIVED, REVIEWED OR INTERPRETED, OR ACTED UPON; ANY MAILING WILL BE ACCEPTED OR HANDLED BY USPS; ANY RECORD WILL BE ACCEPTED AS EVIDENCE OR SUFFICIENT IN A PROCEEDING; OR THE SERVICE WILL SATISFY ANY LEGAL, REGULATORY, CONTRACTUAL, OR COURT-IMPOSED REQUIREMENT. Some jurisdictions do not permit the exclusion of certain implied warranties. In those jurisdictions, the exclusions apply to the maximum extent permitted by law.
16. Limitation of Liability — TO THE MAXIMUM EXTENT PERMITTED BY LAW, SameDayNotice AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF SameDayNotice FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED [APPROVED LIABILITY CAP]. The liability cap does not apply to liability that cannot lawfully be limited or excluded. Counsel must determine whether the cap will exclude or separately address: payment obligations; confidentiality breaches; data-protection obligations; indemnification obligations; intellectual-property infringement; fraud; willful misconduct; or gross negligence. Customer acknowledges that the pricing and allocation of risk under these Terms reflect the parties' agreed allocation of responsibility. Customer is responsible for evaluating whether the Service and these limitations are appropriate for Customer's intended use.
17. Customer Indemnification — Customer will defend, indemnify, and hold harmless SameDayNotice and its affiliates, officers, directors, employees, contractors, licensors, and service providers from and against claims, demands, actions, investigations, damages, judgments, settlements, penalties, fines, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: Customer Content; Customer's notices, documents, messages, or instructions; Customer's use or misuse of the Service; Customer's failure to obtain a required legal basis, authorization, consent, disclosure, or approval; Customer's violation of law, regulation, contract, court rule, or these Terms; inaccurate, incomplete, or unauthorized Recipient information; infringement or misappropriation caused by Customer Content or Customer instructions; Customer's failure to satisfy a notice, mailing, recordkeeping, or timing requirement; Customer's use of the Service for a restricted or prohibited notice category; or acts or omissions of Customer or its Authorized Users. SameDayNotice will provide reasonably prompt notice of an indemnified claim and reasonable cooperation at Customer's expense. Customer may not settle a claim in a manner that admits fault by, imposes obligations on, or requires payment or nonmonetary relief from SameDayNotice without SameDayNotice's prior written consent.
18. Term, Suspension, and Termination — These Terms begin when accepted and continue until terminated. Customer may stop using the Service at any time. Termination does not automatically cancel a mailing, reverse completed production, recover postage, or erase records. SameDayNotice may suspend or terminate these Terms, an Account, an order, or access to all or part of the Service if: Customer breaches these Terms; Customer fails to pay; Customer creates security, fraud, legal, safety, or operational risk; Customer submits prohibited content; continued performance would violate law or third-party rights; a vendor or postal service becomes unavailable; Customer becomes insolvent or subject to a bankruptcy or similar proceeding; or SameDayNotice discontinues the applicable Service. Where commercially and legally reasonable, SameDayNotice may provide notice and an opportunity to cure. SameDayNotice may act without advance notice where necessary to protect the Service, users, third parties, or legal rights. Upon termination: Customer must stop using the Service; Customer must pay all amounts accrued before termination; pending orders may be completed, canceled, or handled under the applicable operational policy; Customer's access may be disabled; records may be retained under the applicable retention and legal-hold policy; and Customer remains responsible for obligations that by their nature survive termination. Sections concerning fees, intellectual property, confidentiality, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and any provisions intended to survive will survive termination.
19. Governing Law and Dispute Resolution — These Terms are governed by the laws of the State of [Governing Law State], without regard to conflict-of-law rules. Before filing a formal proceeding, the parties will attempt in good faith to resolve a dispute through confidential negotiations between authorized representatives for at least [Number of Days] days after written notice of the dispute. If the dispute is not resolved through negotiation, the parties agree that the exclusive venue for any permitted court proceeding will be the state or federal courts located in [County and State], and each party consents to personal jurisdiction and venue in those courts. [Include the following only if approved by counsel: Any dispute subject to arbitration will be resolved by confidential, individual arbitration under the rules of [Arbitration Provider] in [Location].] [Include the following only if approved by counsel: To the extent enforceable, Customer and SameDayNotice waive the right to participate in a class action, collective action, representative action, or private-attorney-general action arising out of or relating to the Service or these Terms.] Nothing in this Section prevents either party from seeking temporary, preliminary, or permanent injunctive or equitable relief to protect confidential information, intellectual property, security, access controls, or other rights for which monetary damages may be inadequate.
20. Electronic Contracting and Notices — Customer consents to transact electronically with SameDayNotice and agrees that electronic records, notices, disclosures, orders, invoices, acceptances, and signatures may satisfy writing and signature requirements to the extent permitted by applicable law. Customer is responsible for maintaining a current email address and for ensuring that Customer can access and retain electronic records. Customer may withdraw consent to receive future electronic records by contacting SameDayNotice at [Approved Withdrawal Email or Mailing Address]. Withdrawal may affect access to or use of the Service and does not necessarily invalidate prior electronic records or erase historical records. A withdrawal of consent to electronic records does not automatically cancel a physical mailing, create a new mailing, or alter Customer's independent legal obligations. Unless a different method is required by law or a written agreement: operational notices may be sent through the Service, Account dashboard, or email; legal notices to SameDayNotice must be sent to [Company Legal-Notice Address] and [Legal Notice Email]; notices to Customer may be sent to the Account administrator, billing contact, or address on file; and an electronic notice is deemed received when sent, unless the sender receives a notice of failed transmission.
21. Changes to These Terms — SameDayNotice may modify these Terms by posting a revised version or providing notice through the Service or by email. The revised Terms will become effective on the date stated in the notice or, if no date is stated, upon posting. Material changes will receive notice as required by applicable law. Customer's continued use of the Service after the effective date of revised Terms constitutes acceptance of the revised Terms. If Customer does not agree to a revision, Customer must stop using the affected Service and may terminate the applicable Account or order, subject to accrued obligations and any applicable written agreement.
22. Miscellaneous — 22.1 Assignment: Customer may not assign or transfer these Terms or any rights or obligations under them without SameDayNotice's prior written consent, except in connection with a merger, reorganization, or sale of substantially all assets where the assignee agrees in writing to be bound by these Terms. SameDayNotice may assign these Terms to an affiliate or in connection with a merger, reorganization, financing, sale, or transfer of the Service or substantially all related assets. 22.2 Force Majeure: SameDayNotice is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, severe weather, fire, flood, epidemic, war, terrorism, civil unrest, labor disputes, government action, power or telecommunications failures, internet disruption, cyberattack, postal disruption, vendor failure, or other force majeure event. 22.3 Severability: If any provision is held invalid, unlawful, or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in effect. 22.4 No Waiver: A party's failure to enforce a provision is not a waiver of future enforcement of that provision or any other provision. 22.5 Entire Agreement: These Terms, the Privacy Policy, applicable order forms, service descriptions, data-processing terms, and other documents expressly incorporated by reference constitute the entire agreement concerning the Service and supersede prior or contemporaneous agreements concerning the same subject matter. If an order form or written agreement conflicts with these Terms, the order form or written agreement controls only to the extent of the conflict. 22.6 No Third-Party Beneficiaries: Except for the indemnified parties expressly identified in these Terms, these Terms do not create third-party beneficiary rights. Recipients do not become customers of SameDayNotice merely by accessing a Portal invitation or document. 22.7 Relationship of the Parties: The parties are independent contractors. These Terms do not create a partnership, joint venture, fiduciary relationship, agency, employment relationship, or franchise. 22.8 Construction: Section headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against a party solely because that party drafted them.
23. Contact Information — Certified Mail Envelopes, Inc. dba SameDayNotice. Website: [www.samedaynotice.com]. Customer support: [Support Email]. Legal notices: [Legal Notice Email]. Mailing address: [Complete Legal-Notice Address]. Privacy inquiries: [Privacy Contact Email].
24. Counsel Review Note — This document is a draft prepared for internal review and is not approved for publication or customer use. Before adoption, licensed counsel should resolve and document at least the following: governing law and venue; whether the Service is offered to businesses only or also to consumers; minimum age and capacity requirements; arbitration and class-action provisions; liability-cap amount and exceptions; indemnification scope; fee, refund, electronic-service, and postal-charge policies; record-retention periods and legal-hold procedures; approved vendor and subprocessor disclosures; privacy-policy and data-processing terms; security commitments; notice-category restrictions; electronic-consent and withdrawal procedures; account and delegated-access requirements; physical-mail cancellation and re-mailing procedures; applicable state electronic-transaction and notice laws; and required accessibility, consumer-protection, email, privacy, and sector-specific provisions. This draft is informational, is not legal advice, does not constitute a legal opinion or freedom-to-operate analysis, and must be reviewed and approved by a licensed attorney before reliance, publication, or use.