Amazing Mail / Xpressdocs Terms & Conditions
Amazing Mail is powered by Xpressdocs, therefore, Amazing Mail and Xpressdocs should be treated as one in the same for the purposes of this document, as they operate synonymously.
Acceptance of Terms
To obtain full access to the Amazingmail.com, Inc. (Amazing Mail) website, you must read the terms and conditions of service set forth below (the "UserAgreement") and agree to be legally bound by the obligations imposed on you in this User Agreement. By clicking the "I Accept" button, you accept the terms and conditions of this Agreement. We may amend this User Agreement without notice to you by posting the changes on our website, and changes will be effective 10 days after being posted.
Registered Users Limited
The postcard printing and mailing services offered on this website are available only to individuals age 18 or over who are residents of the United States. We may refuse any or all of our services to anyone at any time, in our sole discretion.
Our Retail Policies for purchasing Amazing Mail postcards and purchasing other products or services from Amazing Mail on this website and our refund policy are available here and are incorporated herein. All costs and taxes are quoted in U.S. dollars. You must pay all applicable taxes on purchases made on our website. We may in our sole discretion add, delete or change some or all of the prices of our products and services at any time without notice. You are subscribing to Amazing Mail's online postcard design, printing and mailing service that allows you to design, print and mail postcards via the Amazing Mail postcard service. Postcard credits may be purchased online using your credit card. During the first thirty days after purchasing postcard credits, if you are not satisfied with Amazing Mail's services for any reason, you may notify our team at firstname.lastname@example.org and Amazing Mail will refund to you (by crediting your credit card account) the purchase price of any unused postcard credits remaining from that purchase.
Card Expiration Policies
Each time you purchase, Amazing Mail will record the number of postcard credits you have purchased in your Amazing Mail account. You may then use Amazing Mail's services, including online storage of your personal images, use of postcard gallery images and the online address book and other services, at no additional charge, to design, print and mail postcards, until you have consumed the number of postcards credited to your account, or two years elapse, whichever occurs first. You will not receive any interest on the value of any unused balances in your account.
If you do not print and mail the postcards credited to your account within two years of the date of their purchase, your right to use the balance of those postcard credits will expire and they will be removed from your account. You will not have any right to receive a refund for any of the expired postcard credits.
From time-to-time Amazing Mail may offer one or more "free cards" to its visitors and members. Amazing Mail reserves the right to cancel free cards that are not used within 90 days of issue. Amazing Mail reserves the right to cancel free cards that are associated in any way within correct user information including non-functional email addresses. Generally, such free cards will be removed at the end of the month following expiration of the free card.
Amazing Mail is a Tool for Creating and Mailing Postcards. Other than when you use an image or text supplied by us or our licensors, Amazing Mail will not be involved in any way with the design or creation of your postcards. Except for postcards created by users before verification of their user information (collectively "Non-verified Users"), we will not routinely screen or review text or graphics before printing and mailing postcards. We cannot nor do we try to control the content of postcards created on our website, except postcards created by Non-verified Users. You(whether or not you are a Non-verified User), are solely responsible for and assume all liability arising from all postcards that you and any other person using your User ID and password print and mail using the Amazing Mail website. If a third party notifies us of a problem postcard, or if we become aware of a problem postcard created by you, we may review the postcard and take any action with respect to the postcard that we deem necessary in our sole discretion, including, but not limited to, refusing to mail the postcard. The fact that we review a postcard and allow the postcard to be mailed does not mean that: (1) we approve or endorse the content of the postcard, (2) the postcard complies with all applicable laws, or (3) you will not incur any liability or harm arising from the postcard.
Return Address on Your Postcards
Amazing Mail will automatically print a return address on every postcard that you create using the Amazing Mail website. The default return address is the billing address on your credit card unless you modify your return address. It is a breach of United States Postal Regulations to show a false return address on mail.
Your Content and Information
You Will Comply with All Laws
When you use the Amazing Mail website in any way such as creating, printing and mailing postcards, you will comply at all times with all applicable United States federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity. If you mail a postcard outside the United States, you will comply with the laws of the country to which the postcard is mailed.
Amazing Mail May Cooperate with Third Parties
You authorize Amazing Mail and its vendors and contractors to cooperate with the U.S. Postal Service and any U.S. or non-U.S. law enforcement or governmental agency, which cooperation includes, but is not limited to Amazing Mail voluntarily disclosing (i.e. without being subject to a lawful order to disclose) to the U.S. Postal Service, and any U.S. or non-U.S. law enforcement and/or governmental agency any or all of Your Information and your Content.
You will indemnify and hold Amazing Mail, and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys? fees, due to or arising out of Your Information, your Content, your use of this website, the use of this website by any person who uses this website while logged on under your user name and password, postcards mailed using your user name and password, your default under any provision in this User Agreement, your violation of any laws and your violation of any rights of another person.
Amazing Mail, in its sole discretion without notice to you, may: (1) terminate your access to its website or your use of any feature of its website, (2) remove and discard any of Your Information and your Content stored on the website, or (3) refuse to mail any postcard and (4) terminate this website, or any feature on the website. Amazing Mail will not be liable to you or any third-party for any suspension or termination of your access to this website or your Content; except Amazing Mail will refund to you any unused amounts credited to your account.
This website may provide, or third parties may provide, links to other web sites or resources. Amazing Mail is not responsible for the availability of any external sites or resources to which we hyperlink ("Linked Sites"), and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from Linked Sites. Amazing Mail will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance.
When using this Site or sending Xpressdocs emails and support chats, you are communicating with us electronically. You consent to receive electronic communications from Xpressdocs. We may communicate with you via email or via the Site. You agree that agreements, notices and communications that are provided electronically satisfy the legal requirements for written communication.
This Website is a business and commercial site. Unless otherwise noted on the Website, it is not intended for use by children or minors.
Limitations and Disclaimers
By using this Website, including any applets, software, and content, you agree that use of the Service is entirely at your own risk. THE SERVICE AND DATA IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER XPRESSDOCS NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, DATA OWNERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHETHER OR NOT FORESEEABLE AND HOWEVER ARISING.
Trademarks and Copyright
The content presented at this Website may vary depending upon your browser limitations.
If you wish to make purchases through the Service, you may be asked to supply certain information, including credit card or other payment mechanism information. You agree that all information you provide through the Service for purposes of making purchases will be accurate, complete and current. You agree that your credit card will be charged when the products are shipped to you. You also agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service. Finally, the prices set forth on this Site may change at any time.
Failure to Comply with Terms and Conditions and Termination
Links From and To This Website
You acknowledge and agree that Xpressdocs and any of its co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by Xpressdocs or its co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.
Information in the many web pages that are linked to the Website comes from a variety of sources. Some of this information comes from official Xpressdocs licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to Xpressdocs. Xpressdocs does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Xpressdocs shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such external sites or resources.
The Website is controlled by Xpressdocs from its offices within the United States. Access to, or use of, this Website or information, materials, products and/or services on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website. We make no representation that the information contained herein is appropriate or available for use in other locations outside the United States.
Posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
You acknowledge that various Laws exist throughout the world that regulate, among other items, consumer privacy rights, consumer protection from solicitation, fair information practices, advertising, telemarketing, electronic communications, SPAM, do not call lists, bulk mailing and advertising. You are solely responsible for ensuring that your use of the Service is not in violation of any Law. You acknowledge that Xpressdocs is, in no way, responsible any such compliance.
You agree that the substantive laws of the State of Texas in the United States shall govern any controversy or claim or whatever nature arising out of or relating to the use of this Website, without regard to any conflict of laws provisions.
Xpressdocs reserves the right to change any information on this Website, including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Website might take you to other websites for which Xpressdocs assumes no responsibility of any kind for the content, availability or otherwise.
Supplemental Terms and Conditions for Specific Products
The following supplemental terms and conditions apply for the specific Xpressdocs products noted. To the extent there is a conflict between these supplemental terms and conditions and the general terms and conditions, these supplemental terms and conditions control your use of the Service.
List Acquisition Services
The term “Data” means any names and/or address list purchased or rented from Xpressdocs for use in sending (1) emails through this Website or (2) materials printed by Xpressdocs through this Website, in each case, to your customers or prospects. You are granted a nonexclusive, nontransferable, limited license to access and use the Service and Address Lists solely for purchasing products and services from Xpressdocs through the Website, or, in the event that you have purchased the Data, to use it for any other lawful purpose. You agree to use the Service for the sole purpose of marketing to prospective buyers or sellers of your products and services, within the United States, with no right to redistribute or resell in whole or in part without the prior written approval of Xpressdocs. The Service may not be accessed or used outside of the United States without the prior written consent of Xpressdocs.
You acknowledge that the Data shall at all times remain the intellectual property of Xpressdocs licensors and third party data owners (collectively the “Data Owner”) who provided the Data to Xpressdocs, and that you have no proprietary rights whatsoever in the Data.
Permitted Uses and Restrictions
You may use the Data provided pursuant to this Agreement, subject to the following:
- The Data may be used for your marketing programs to consumers and businesses, including house file enhancements, mailing list screens, modeling and list analysis.
- You may not sell, lease, rent or, except as otherwise authorized, provide to any other party (i) the Data or a derivative of the Data, (ii) its own file, as enhanced with the Data, or (iii) any direct marketing list, model, analysis, code or report utilizing or derived from the Data.
- You may not use the Data as a factor in establishing an individual’s creditworthiness or eligibility for (i) credit or insurance, or (ii) employment.
- You shall not use any Data to advertise, sell, or exchange any products or services relating to illegal or illicit activities, including, without limitation, sexual products or services, drug products or services, pornographic materials, weapons, or involving credit repair services.
- All marketing communications used in connection with any list created by or for you derived from the Data shall (i) be devoid of any reference to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient’s name and address; (ii) comply with all applicable federal and state laws, rules and regulations; and (iii) comply with all applicable privacy policies, ethical use and Fair Information Practices published by the Direct Marketing Association (“DMA”).
- You agree to furnish Xpressdocs, if requested, two (2) copies of each mail piece and/or telemarketing script using information derived from the Data.
- You may not use the Data, in whole or in part, in the development of (i) any application that is outside the scope of this Agreement or (ii) any data products or services to be provided to third parties including, without limitation, any list enhancement or data appending service or product.
- Xpressdocs reserves the right to review and pre-approve your intended use of the Data prior to Xpressdocs acceptance of an order.
- Xpressdocs is obligated to comply with certain restrictions and requirements placed upon the use of the Data by the Data Owners. You shall strictly comply with all restrictions and requirements now or hereafter imposed upon Xpressdocs by any Data Owner and made known to you in writing.
- You represent and warrant that, you have implemented and maintain an information security program that contains administrative, technical, and physical safeguards that are appropriate to its size and complexity, the nature and scope of its activities, and the sensitivity of any customer information at issue.
- The purchased lists are multi-use for one year; therefore, there are no restrictions on the number of mailings per list in the given year. You agree to not use Data one year after date of purchase or lease.
- You may preview records that are returned from selected search parameters in order to ascertain targeted and appropriate addresses.
Direct Mail Services
All mailing delivery dates are estimates, not guarantees. The USPS (United States Postal Service) supplies delivery estimates, based on a national average of all mailers sent with the selected mailing class (3-5 business days for 1st class mail and 5-15 business days for standard mail).
Xpressdocs responsibility is limited to preparing your mailing and providing your mailing to the U.S. Postal Service (“USPS”) for delivery. Xpressdocs is not liable for USPS performance failures or delivery delays. Xpressdocs is not liable for delivery delays with third party mail delivery service providers or any additional services performed outside of Xpressdocs. USPS delivery delays, such as; mechanical, technical, logistical, acts of God or weather related, are beyond Xpressdocs’ control. Once an order is handed over to USPS, Xpressdocs is unable to guarantee delivery, anticipate delays or supply notification of lost or damaged mail.
Postage is non-refundable once the mail piece has been processed for mailing. Xpressdocs is not liable for any loss of your business or profits; incidental or consequential damages; or costs in excess of billing for services related to the specific job, whether as a result of errors, mistakes or failure by Xpressdocs to perform services, or otherwise.
Postal regulations are subject to change, and you are responsible for complying with current mailing regulations.
You shall be responsible for accepting and responding to any communication initiated by a consumer (“Consumer Inquiries”) arising out of your use of the Data. You agree that you will provide “in house” suppression to consumers, upon request by a consumer, from your future marketing initiatives and you agree to honor any such request by suppressing such consumer information from your marketing solicitations. No reference to Xpressdocs or the Data Owners in written or oral communication to a consumer or in your scripts in responding to Consumer Inquiries shall be made without Xpressdocs and the Data Owner’s prior written approval.
The Data products (“Products”) are built using Suppression Files appropriate for that Product, including the Direct Marketing Association’s Mail Preference Service and Telephone Preference Service files, e-mail suppression files, Data Owner opt-out files, FTC DNC file and the state Attorneys General suppression files, to flag an individual consumer as having opted out of receiving marketing solicitations. Except with regard to your customers, you agree to honor such consumers’ elections not to receive marketing solicitations in any use of the Data and in the event that you do not honor such consumers’ choice not to receive marketing solicitations, Xpressdocs and the Data Owner may cease delivery of the Data and/or Services and/or terminate this Agreement immediately. You acknowledge that neither Xpressdocs nor Data Owner guarantees that the names or telephone numbers of all such consumers have been flagged or removed from the Data supplied to you hereunder. You further represent that if you are telemarketing in a state that requires registration, you have registered in the applicable state. You acknowledge that it is your sole responsibility to ensure that the most current suppression information has been applied to its files before such files are used for marketing and you agree to defend, indemnify and hold harmless Xpressdocs and the Data Owner, as set forth below, due to your failure to comply with its obligations set forth in this Section.
You shall defend, indemnify, and hold harmless Xpressdocs and the Data Owner from and against direct and actual claims, demands, judgments, liability, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of or resulting from your misuse or unauthorized use of the Data. Xpressdocs shall give you prompt written notice of any claim of which it has knowledge, and shall provide you with the assistance, information and authority necessary to perform your obligations under this Section.