SITE TERMS AND CONDITIONS OF USE
User’s Acknowledgement and Acceptance of Terms
Description of Services
We make various services available on this site including, but not limited to direct mail marketing, direct mail automation services, stock photography, recipient address validation and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including but not limited to a computer, modem and internet access (including payment of all fees associated with such equipment and access).
Registration Data and Privacy
In order to access this site, you may be required to create and use an account and password that can be obtained by completing our online registration form. On the registration form, you must provide certain information and data, including but not limited to your name, billing address, mailing address, email address and credit card information (“Registration Data”) and agree to maintain and update your Registration Data as required. By registering on this site, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as necessary to keep it current, complete and accurate.
Terms of Payment
You may elect one of the following billing options when placing your order (a) the traditional, one-time campaign; or (b) automation. Each purchase of a product or service from this site is non-refundable. Please refer to each individual product or service terms and policies for more information.
- If you elect the traditional, one-time campaign, you will not be committed to purchase any services for a pre-defined term, but will rather be billed per each order, with pricing based upon the number of items ordered. We will provide you with per-item pricing terms prior to your check-out, and we reserve the right to change our pricing terms from time to time; however, we will not change pricing terms on any existing orders. We will bill you promptly following any order, and you agree to pay all invoices using the payment options listed below.
- If you elect the automation option, you are committed to purchasing services from us on a month-to-month basis, and we will bill you monthly in arrears based on the number of items you have purchased during the previous month. Pricing will vary based upon the number of items you purchase, and we reserve the right to change our pricing terms from time to time; however, we will not change pricing terms on any existing orders, and you agree to pay all invoices using the payment options listed below.
All payments are due in U.S. dollars unless otherwise indicated on the invoice. You may pay invoices using one of the following payment options:
- Credit Card or Debit Card. Fees for orders where you are paying with a credit card or debit card are due at the end of the month during which you received the services or products. For credit cards, or debit cards, as applicable: (i) we will charge you for all applicable fees when due; and (ii) these fees are considered delinquent fifteen (15) days after the end of the month during which you received the services.
- Payments for invoices are due fifteen (15) days after the invoice date, unless otherwise specified in the invoice, and are considered delinquent after such date.
Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You are responsible for all reasonable expenses (including attorneys’ fees and costs) incurred by us in collecting such delinquent amounts, except where such delinquent amounts are due to our billing inaccuracies.
Suspension for Non-Payment.
- Automatic Suspension. You will have thirty days to pay us delinquent charges and fees. If you do not pay us delinquent fees within thirty (30) days, we will automatically suspend your use of our services and products offered on the site. The duration of this suspension will be until you pay us all outstanding charges and fees.
- During Suspension. If you are on a monthly billing plan, and you are suspended for non-payment, we will stop charging you monthly fees during your suspension for non-payment. You must pay all outstanding charges and fees in order to resume its use of the services and products offered on the site.
Taxes. You are responsible for any applicable taxes, and you will pay us for products and services without any reduction for taxes. If we are obligated to collect or pay taxes, the taxes will be invoiced to you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority. If you are required by law to withhold any taxes from your payments to us, you must provide us with an official tax receipt or other appropriate documentation to support such payments.
You understand that we may use conversion tracking to evaluate both user habits and the habits of user’s recipients. You grant us the right permanently retain all data related to you and your recipients provided by you on this site, and such information may be used in the future by The Big Mail Project, LLC and/or its Affiliates for business and promotional materials or in conjunction with the sale of any products or services, unless you specifically request otherwise by written notice to our Designated Agent (as defined below).
Conduct on this Site
Your use of this site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any forum or any other interactive service that may be available to you on or through this site, and/or using this site to create direct mail products of any type, you agree that you will not upload, share, post, or otherwise facilitate distribution of any content—including text, communications, software, images, sounds or data or other information that:
- is unlawful, threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes any unauthorized or illegal advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files or programs that are designed or intended to disrupt, damage or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any of our employees or representatives.
You may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of this site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may be subject to criminal or civil liability.
You may not use this site in any way that is counter to its intended purpose, including but not limited to mining, scraping or capture of data contained herein through repetitive or automated means. This excludes internet search engines as enumerated in defined robot files. Violators may incur criminal or civil liability.
You agree that we may, at any time, and at our sole discretion, terminate your account or other affiliation with our site with or without prior notice to you for violating any provisions contained herein. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
Stock Imagery and Other Resources
When creating products on our site, you will have access to our database containing stock photos and designs (the “Stock Imagery”). When you elect to use the Stock Imagery in your products, we will grant you a one-time license for use solely in your purchased product, and you may not resell or otherwise use such Stock Imagery for any other purpose. Violators may incur criminal or civil liability.
You will also have access to other resources intended to assist you in designing your direct mail marketing products, including but not limited to PDFs and InDesign Docs. These resources are provided solely for your convenience and you are permitted to use these resources only to design products on the site. Your use of these resources is voluntary and we disclaim all warranties related to such resources as provided herein.
Third Party Sites and Information
This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright or trademark compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
Intellectual Property Information
Neither we or our Affiliates warrant or represent to you that your use of materials displayed on, or obtained through, this site will not infringe on the rights of third parties. See “User’s Materials” below for a description of the procedures to be followed in the event that any party believes that content used or posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Unauthorized Use of Materials
We respect the intellectual property of others, and we ask that you do the same. If you or any user of this site believes its copyright, trademark, or other proprietary rights have been infringed by a posting or some other use of this site, you or the user should send written notification to our Designated Agent (as identified below) immediately. To be effective, the notification shall include:
- Sufficient detail to identify the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed);
- Identification of the material that you claim is infringing the copyrighted work described in Section (a) above;
- Reasonably sufficient contact information so that we may contact you (e-mail communications are preferred);
- If possible, provide information sufficient for us to notify the owner or administrator of the allegedly infringing webpage or other content (e-mail communications are preferred);
- Include the following written statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law”;
- Include the following written statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Your signature.
Send the notification to the Designated Agent: The Big Mail Project, LLC, Attn: Manager, P.O. Box 570034, Dallas, TX 75357.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Disclaimer of Warranties
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED FROM THIS SITE.
IN ADDITION, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.
UPON A REQUEST BY US, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES HARMLESS FROM ALL THIRD-PARTY LIABILITIES, DAMAGES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND SETTLEMENT COSTS, THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE INCLUDING BUT NOT LIMITED TO INACCURATE DATA ENTRY, TRADEMARK AND COPYRIGHT VIOLATIONS AND CONDUCT VIOLATIONS. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
No Professional Advice
The information contained in or made available through this site cannot replace or substitute for the services of trained professionals in any field. Neither we nor our Affiliates shall be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
The statements made on this site are solely the opinion of the author and in no way should be construed as professional advice. You alone are responsible and accountable for your decisions, actions and results, and by your use of this site, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstances.
Security and Password
You are solely responsible for maintaining the confidentiality of your password and account, if applicable, and for any and all statements made and act or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.
Participation in Promotions
From time to time, this site may include advertisements offered by third parties or Affiliates. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we are not responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Accounts may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devises that delete or block data that exceeds the limit. In addition, we reserve the right to delete any your account and any data stored on the site if your account is inactive for two (2) years or more. We are not responsible for such deleted or blocked data.
Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from countries outside of the United States do so own their own initiative and are responsible for compliance with local laws. Any offer for any product, service and/or information made in connection with this site is void where prohibited.
Address Validation and Modification
The traditional and automation options available for purchase on the site permit you to send direct mail to addresses in the United States and internationally. IT IS YOUR SOLE RESPONSIBILITY TO PROVIDE CORRECT RECIPIENT ADDRESS INFORMATION, AND YOU AGREE TO RELEASE US FROM ANY CLAIMS, DAMAGES OR LIABILITIES RESULTING FROM RETURNED MAIL.
We may, from time-to-time, offer you the ability to purchase address validation services from a third party, which will obtain all the address information you provide and confirm that addresses are valid and correct invalid addresses (the “Validation Services”). If you choose to purchase the Validation Services, your agreement will be solely with the third-party provider and we assume no responsibility for the accurateness or inaccurateness of such third-party Validation Services, and we are not responsible for any errors made by the third-party and/or any returned mail.
In the event that you choose not to purchase the Validation Services, you are solely responsible for assuring that the address information you provide is correct. We are not responsible for any incorrect data entry or returned mail resulting from the address information you provide.
Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
This site (excluding any linked sites) is controlled by us from our offices located in Dallas County, Dallas, Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of The State of Texas, USA, by accessing this site, both of us agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site.
All notices to a party shall be in writing and shall be made via conventional mail. Notices sent to us must be sent to the attention of our Designated Agent. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast messages or notices through this site to inform you of changes to the site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
When you visit this site or send emails to The Big Mail Project, LLC and/or its Affiliates, you are communicating with us electronically. You thereby consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Enforcement and Dispute Resolution
Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
All remedies provided for herein shall be cumulative and in addition to and not in lieu of any other remedies available to you or us at law, in equity, or otherwise.