(last updated on November 29th, 2022)
These Terms and Conditions (“Terms and Conditions”) set forth the terms and conditions of your use of the official websites (collectively, the “Site”) and other interactive properties, including, but not limited to customer account features and live chat support (collectively, the “Applications,” together with the Site, the “Interface”) for Logic Sense LLC, DBA Geofactor, a Delaware limited liability company and its subsidiaries and affiliates (collectively, the “Company”, “we”, “our” or similar references) and the content and services (individually and collectively, the “Services”) found at and provided through the Interface. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts these Terms and Conditions by using the Interface or the Services found at any Interface. If you are agreeing to these Terms and Conditions on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms and Conditions. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PLACING AN ORDER WITH EDDMSTORE.COM. They contain important information regarding your legal rights and remedies including information about future changes to these Terms and Conditions, including limitations of liability and class action waiver. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PLACE AN ORDER WITH EDDMSTORE.COM.
In addition, when you use any current or future Interface, aspect of the Services, or visit or purchase from any business affiliated with the Company, whether or not included in the Site, you will be subject to both these Terms and Conditions and guidelines and conditions applicable to any applicable Services or business.
1. Changes to the Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter.
Your continued use of the Site following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
3. Electronic Communications
- Legal Satisfaction. When you visit the Site, use the Interface, or send information to us, you are communicating with us electronically.
- Consent. By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. 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.
4. Compliance with Laws. You represent and warrant that your use of the Services will comply with all applicable laws and regulations. You’re responsible for determining whether the Service is suitable for you to use in light of your obligations under any regulations including, but not limited to, the Health Insurance Portability and Accountability Act (“HIPPAA”), the Gramm-Leach-Bliley Act (“GLB”), and European Union data privacy laws (including the General Data Protection Regulation) (“EU Data Privacy Laws”), United States export control laws and regulations and economic sanctions laws and regulations (“U.S. Export Control Laws and Regulations”), or other applicable laws (“Laws”). If you’re subject to such laws and regulations and you use the Services, Geofactor.com expressly disclaims any liability for the Services’ failure to meet those requirements. You may not use the Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Children’s Online Privacy Protection Act, or any other Laws.
If you collect any personal information pertaining to a child who has not reached the age of majority (a “minor”) and store such information within your Geofactor.com account, you represent and warrant that you have obtained valid consent for such activities according to the Laws of the jurisdiction in which the minor lives.
5. Proprietary Rights. You acknowledge and agree that Geofactor.com and/or its licensors own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services. You further acknowledge that the Services may contain market pricing and reference data acquired under license from third parties, which may not be disclosed without Geofactor.com’s prior written consent. The Services are protected by a combination of copyright, trade secret laws and patent protection. Portions of the Services contain information and data from third party providers, subject to their own copyright provisions.
Certain parts of the information provided in the Services is proprietary Geofactor.com content; this content may not be copied or distributed, and is not warranted to be accurate, complete or timely. Neither Geofactor.com nor its content providers are responsible for any damages or losses arising from any use of this information.
6. Site Content
- All content included on this site, including without limitation the text, button icons, images, graphics, photos, videos, audio clips, digital downloads, data compilations, interactive features, page headers, scripts, source code, and software and the trademarks, service marks and logos contained therein (the “Content”), are the property of the Company or its content suppliers and protected by United States and international copyright, trademark, and/or patent protection laws. The compilation of all content on this site is our exclusive property and is protected by U.S. and international copyright laws. The Content may not be used in connection with any product or service that is not related to the Interface, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. As used herein, “Software” means all computer code (both source and object), applets, interfaces, commands, syntax and expressions of ideas that operate, cause, create, direct, manipulate, access, or otherwise affect the content in the web site or the product or service available through the Site, whether created by us or licensed from third parties.
- The Content is provided to you “as is”, “as available” and “with all faults” for your information and commercial use only as permitted hereunder, and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without our express prior written consent. Except as expressly set forth herein, no right or license under any copyright, trademark, patent, or other proprietary right or license is granted by these Terms and Conditions. We reserve all rights not expressly granted in and to the Content, the Interface and the Services found at the Interface, and except as expressly set forth herein, these Terms and Conditions do not transfer ownership of any of these rights. You specifically agree not to distribute any of the Content without our prior written permission.
7. Copyrights, Trademarks, and Other Proprietary Rights
When accessing this Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content (defined below) or any User Generated Social Media Content (defined below) that you provide or transmit to us.
As between you and us, all content on this Site, including text, hidden text within our source code, trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts, recordings, sound, or any other digital media, is owned by us and/or our licensors and is subject to protection by patent, copyright, trademark, or other proprietary rights. In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement, and enhancement of such content. Any feedback or testimonials you provide to use relating to the Site, or the services provided on the Site, shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis and you hereby grant Geofactor.com a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to do so, including, but not limited to the use, reproduction, modification, adaptation, editing, publishing, sharing, and displaying of the same.
All trademarks, trade names, trade dress, logos, and service marks (collectively, the “Trademarks”) appearing on this Site are the property of their respective owners, including, in some instances, us and/or our partner companies. Nothing contained on this Site or these Terms and Conditions serves to grant you, by implication or otherwise, a license or right to use any of the Trademarks or copyrights owned by us or by any third party.
Geofactor.com, the term Logicsense and the Logicsense logo and all related names, logos, product and service names, designs and slogans are trademarks of Logic Sense, or its affiliates or licensors (the “Logicsense Marks”). You must not use the Logicsense Marks without prior written permission from Logicsense. All other names, logos, product and service names, designs and slogans on this Site are the trademarks of their respective owners.
Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any content or material from this Site without express written permission from us and, if applicable, the respective copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or printing copyrighted material.
8. License and Site Access
- Definitions. “Product” means the Content and the Interface.
- License. The Company grants you a limited, non-exclusive and non-transferable license to access and make personal use of the Product to:
- Use the Product as provided herein, until your subscription is terminated as provided for in these Terms and Conditions;
- Access, load, store and operate the Product with browser software;
- Access the Product, including the Content, via the Internet;
- Display, download and print such portions thereof (with or without your inputted data) on an ad hoc basis, subject to the limitations of this Section 8.
- Linking. You are granted a limited, revocable and non-exclusive right to create a hyperlink to the home page of the Site as long as the link does not portray the Site, the Company, or its affiliates or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Content or other proprietary graphic or trademark as part of the link without express written permission. You must give the Company notice of such link by sending an e-mail message to info@Geofactor.com at least five (5) business days prior to establishing the hyperlink. You agree to immediately discontinue providing links to the Site if requested to do so by us. You may not use our names, trademarks, trade names, logos, slogans, and other identifying marks appearing on the Interface as any part of a link without our prior written consent.
The Interface may contain links and pointers to other websites, mobile applications and resources. Links to and from the Interface to other web sites or mobile applications maintained by third parties, do not constitute an endorsement by the Company or any of its affiliates of any third party website, mobile application or content. The Company is not responsible for the availability of these third party resources or their contents and in no event shall any reference to any third party, third party website or product be construed as an endorsement or approval. You should direct any concerns regarding any external link to its website administrator or webmaster.
- No License for Commercial Sale. This license does not include any resale or commercial use of the Interface or the Contents; any collection and use of any product or service listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools.
- No Reproduction. Neither the Interface nor any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company.
- No Framing. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of the Interface or of our affiliates without express written consent.
- “Metatags.” You may not use any metatags or any other “hidden text” utilizing the Company name, trademarks, trade names, logos, slogans and other identifying marks appearing on the Interface without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company.
- Further Limitations. In addition to the restrictions set forth in Section 8, subsections C, D, E, F, and G, you shall not:
- decompile, reverse-engineer, disassemble, modify, or create derivative works from the Services;
- circumvent, disable, or otherwise interfere with the security-related features of the Services (including without limitation those features that prevent or restrict use or copying of any Content) or enforce limitations on the use of the Interface or the Services or the Content therein;
- remove or obscure any proprietary notes including, but not limited to, any and all copyright, trademark, and patent designations in the Services;
- take any action which results in the harvesting of any information concerning other Users of the Services;
- upload, post, e-mail, transmit, publish, republish, distribute, display, or otherwise make available the Services to any third parties;
- take any action which results in the transmission of any Content, or other information, data, files, etc., except in connection with your authorized use of the Interface;
- utilize the Services in a way which constitutes or contains false or misleading indications of origin or statements of fact, including but not limited to, impersonating any other person;
- utilize any material, image, file, or document which infringes upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other right.
- utilize the Services in a way which is illegal, or promotes or encourages illegal activity;
- utilize the Services in a way which promotes, encourages, or engages in untrue, defamatory, harmful , harassing, abusive, or otherwise objectionable behavior;
- utilize the Services in a way which promotes, encourages, or engages in child pornography or the exploitation of children;
- utilize the Services in a way which promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
- utilize the Services in a way which promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- utilize the Services in a way which infringes on the intellectual property rights of another User or any other person or entity;
- violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
- utilize the Services in a way which introduces any harmful component to the Interface containing any virus, Trojan horse, worm, time bomb, cancelbot, or other similar harmful or deleterious programming routine;
- utilize the Services in a way which for a period of more than three hours, caches or otherwise temporarily stores the Services or component thereof, on any server or other device used to communicate with individual personal computers or personal devices. Such limitation does not include caches, which are automatically stored by an individual personal browser application;
- utilize the Services in a way which imposes an unreasonable or disproportionately large load on the Interface’s infrastructure, interrupts or attempts to interrupt the operation of the Site, or otherwise adversely affects, restricts or inhibits any other User from using and enjoying the Services or Services; or
- publish any information which contains false or deceptive language, or unsubstantiated or comparative claims, regarding the Company, the Interface, or the Services.
- Technological Protections. Interface may include technological protection measures that effectively control access, reproduction, or distribution of the Product. Any attempt to tamper or dismantle these protections is a breach of these Terms and Conditions and may be a violation of the Digital Millennium Copyright Act of 1998, as amended, and other intellectual property laws, and may subject the violator to civil and/or criminal penalties.
- Company Control of the Product. The Company reserves the right to remove Accounts that are inactive for an extended period of time and/or remove accounts that violate any provision of these Terms and Conditions. We may change, suspend or discontinue any aspect of the Interface at any time, including the availability of any Interface feature, Services, or Content (including without limitation prices and fees for the same). We may also impose limits on certain features and services or restrict your access to parts or the entire Interface without notice or liability. However, due to technical difficulties with the Internet, Internet software or transmission problems could also produce inaccurate or incomplete copies of information contained on the Interface. Computer viruses or other destructive programs may also be inadvertently downloaded from the Interface and Services. Except for personal information that we obtain from you, any information you provide, including without limitation, any feedback, comments, suggestions, use of any messaging features and/or ideas you may submit to us, is hereby deemed non-confidential and nonproprietary, and may be used by us for any purpose without restriction or obligation. In addition and without prejudice to any other remedy available to the Company, we may immediately terminate your ability to use the Interface, Services, and Content if you breach any provision of these Terms and Conditions.
- Termination of License. Any unauthorized use terminates any license or permission granted by the Company. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to the Interface, Services, or Content.
9. Your Account
- Use of Your Account. With regard to your use of the Interface, the Content, and your Account, you have certain responsibilities. The Interface and Content therein may include product activation and other technology designed to prevent unauthorized use and copying. You may not sell, rent, lease, resell, or loan the Content. While we own the Interface and the Content, you own and are responsible for the content that you create or which has been created for you resulting from your use of our Interface, Content, or Services (including any add-ons or plug-ins to our Software that you create or have created for you). You agree that, in connection with your use of the Interface, you are responsible for the direct and/or indirect consequences of any of the content you create. You are responsible for independently verifying the accuracy and completeness of your content that you create and/or modify using our Interface, Content, or Services. You represent and warrant to us that you will comply with all applicable laws and regulations impacting your use of the Interface, Content, and Services, including data protection and privacy laws. You may receive updates, bug fixes, feature enhancements or improvements, or other data relating to the Interface or Content (collectively “Updates”) with a notice describing what is included in the Update and the purpose of the Update. You will have to choose either to download and install the Update on your computer device or opt out and not install the Update. If you do not install the Updates the Interface and Content may not perform properly.
- Unauthorized Use of Your Account. You shall immediately notify us of any known or suspected unauthorized use of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
- Use of Your Account Information. When you create your Account you may be asked for your home telephone, mobile telephone number, and email address so that we may contact you regarding importation information about your service and account, and to provide special offers to our customers. By providing your contact information to us, you consent to receive autodialed and/or pre-recorded calls, text messages, and emails from or on behalf of the Company.
- User Content
You are, and shall remain, solely responsible for the content of any materials (including, without limitation, any image or content being reproduced as part of your order), including, without limitation, creative suggestions, submissions, artwork, logos, service marks, trademarks, images, text, ideas, notes, drawings, photographs, graphics, messages, concepts, or other information or communications (collectively, “User Content”) you send, upload, post or transmit to us via this Site, the Internet, e-mail, or otherwise. You hereby grant to us and our affiliates, the royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and display User Content in connection with fulfillment of your orders (e.g. reproduce and print on ordered materials and merchandise). You represent and warrant that you are the owner of or have the right to license User Content and that your User Content does not infringe, misappropriate or violate the intellectual property or other proprietary rights of any third party.
You acknowledge that Geofactor.com does not pre-screen User Content. Geofactor.com and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any User Content that violates these Terms and Conditions or may otherwise be objectionable. You further acknowledge and agree that Geofactor.com may preserve User Content and may also disclose User Content if required to do so by law or if there is certain belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms and Conditions; (iii) respond to claims that the User Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Geofactor.com, its users and the public.
You may not submit any User Content that:
- Contains any unlawful, threatening, abusive, libelous, defamatory, discriminatory, obscene, vulgar, pornographic (including, but not limited to, child pornography), profane, obscene, lewd, lascivious, filthy, vile or indecent information of any kind, including images and language;Contains any message that constitutes, encourages, or incites conduct that would constitute a criminal offense or give rise to civil liability;Contains a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; orContains any information or other material that violates or infringes upon the rights of Geofactor.com or any third party, including material that is an invasion of privacy or publicity rights; is protected by copyright, trademark, or other proprietary rights; or is a derivative work with respect thereto, without first obtaining permission from the owner or right holder.
We welcome our customers to share photos and videos of their Geofactor.com orders online, including on social media websites, social media applications, and social sharing websites. You grant us permission to use, share and/or re-post your photos, videos, reviews or other content (collectively, “User Generated Social Media Content”) by tagging or mentioning Geofactor.com or Logic Sense with such User Generated Social Media Content. By granting Geofactor.com permission, you: (A) represent and warrant that you are the owner or have the right to license User Generated Social Media Content and that your User Generated Social Media Content does not infringe, misappropriate or violate the intellectual property or other proprietary rights of any third party; and (B) hereby grant Geofactor.com a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, edit, publish, share and/or re-post the User Generated Social Media Content in any and all forms including, but not limited to, any of Geofactor.com’s websites, mobile applications, social media accounts, blog, videos, email, and any and all print and web-based publications, without payment, royalties, or other consideration. While our general policy is to credit User Generated Social Media Content to their respective copyright holders, image/content credit is not guaranteed. Subject to existing laws, you waive any moral rights that you may have in any User Generated Social Media Content.
10. Terms of Sale
- Order Approval
You are fully responsible for the final proof and layout approval (including, without limitation, approval over your route selection and Design Services (as defined below) prior to the confirmation and printing process for all your Direct Mail orders. ALL approvals are final. Geofactor.com is NOT LIABLE for any errors in a final product caused by you or approved by you including, without limitation, any of the following reasons: misspellings, graphics, bleeds, grammar, damaged fonts, small fonts, orientation of files, punctuation, wrong cuts, incorrect or missing folds, and finished product size. You agree that acceptance of order proof(s) indicates acceptance of responsibility for all the content, data, formulas and calculations, missed merge fields, incorrect phone numbers, misspellings, errors and omissions. Please note, margins may shift based on individual printer settings and production may need to adjust for the purposes of folding, postal OCR area, window placement, address block placement, and/or any other regulatory needs. Your acceptance of orders constitutes further agreement for Geofactor.com to deliver the ordered Services as approved. Any changes to the order after the approval is received may be subject to additional fees. You understand and acknowledge that Geofactor.com may not review your final proof for errors before it does into production.
- Design Services
As part of the Geofactor.com Service, Geofactor.com offers design services (“Design Services”) to its customers. Geofactor.com reserves the right to refuse to accept a Design Services order/project or to cancel a Design Services order/project at any time, for any reason, in its sole discretion. You are fully responsible for the final approval of your Design Services order prior to the confirmation and printing process.
Design Services concepts will be provided to you approximately within five (5) business days from when the order for Design Services is placed provided that all necessary content and information is provided. Final designs will be delivered to you in a web preview format, viewable once logged into your account on the Site. Geofactor.com does not provide any design files. Customers will have four (4) days to request revisions upon receipt of final designs. The Design Service fee will include our provision of up to three (3) revisions. Additional revisions may incur additional Design Service fees. All design delivery times are estimates, as it can vary based on the project/order. Geofactor.com will not be liable for any missed deadlines or delays, for any reason, and will not refund customers for this reason. Geofactor.com is not responsible for any late Design Services orders that may impact your project timeline and/or printing. Geofactor.com suggests allowing approximately one (1) month of time for Design Services projects and associated printing and shipping times.
You hereby grant Geofactor.com a royalty-free, perpetual, irrevocable, worldwide, transferable, non-exclusive right and license to use, reproduce, modify, adapt, edit, publish, share and display your name, logo, and the results and proceeds of your Design Services order/project in connection with Geofactor.com’s offering of Services internal business purposes and advertising that Geofactor.com was the designer of such results and proceeds.
- Customer Submitted Artwork or Graphics
All artwork or designs and images submitted by you must be provided in CMYK format, excluding products labeled otherwise (more information is available on the Site). Geofactor.com is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes or converting from CMYK to RGB. Further, Geofactor.com is not responsible for PANTONE® Matching System (a system provided by a third party service provider) causing colors to drop out or convert to incorrect colors when converted to CMYK.
All artwork, designs and images submitted by you must be provided in a minimum of 350 DPI and CMYK color mode (unless otherwise stated).
Additional fees may apply for files larger than 30MB. Geofactor.com is not responsible for images printed as fuzzy, distorted or pixelated due to you providing Geofactor.com a low-resolution, RGB or otherwise incorrectly-prepared artwork, design and/or image. Further, Geofactor.com is not responsible for overprint designs or non-flattened files printing in error. Geofactor.com is not responsible for production delays for any reason, including any delays caused by customer file errors or by customers requesting or needing to re-upload files due to not meeting proper print specifications.
- Color Proofing, Matching & Printing
Geofactor.com is not liable for color matching or ink density on screen proofs approved by you. Screen proofs will predict design layout, text accuracy, image proportion, and placement, but not color or density. Geofactor.com will use commercially reasonable efforts to match the gradient density of each color, but Geofactor.com is not liable for the final appearance of a color.
Please be aware that the application of High Gloss UV Coating or other UV and AQ Coating finishing may affect or change the appearance of printed colors. Geofactor.com is not liable for the final color appearance of any UV or AQ-coated products.
Geofactor.com may use gang-run printing to fulfill its orders. Gang-run printing is the process by which multiple (and different) customer jobs are combined on a large print sheet or roll and are run at the same time. This lowers costs by printing several print jobs together on the same print run, thus spreading the cost of the printing amongst all jobs on the form. ALL gang run printing is subject to a 10% color variance. This is a standard commercial printing variance and meets customer satisfaction requirements for 99% of the work we run. HOWEVER, if a job is color critical, then the necessary attention it needs cannot be attained in a gang-run format. Therefore, the job must be printed by itself without the discounted price of gang-run printing. Color critical jobs require a dedicated run where the press is calibrated specifically to that run and job rather than a gang-run with other print jobs.
We cannot guarantee the facility in which your order will be printed. In the case of a mechanical issue in one of our facilities, we may print your order in another facility to ensure you receive your order in a timely manner.
- Pricing. In consideration of the Company granting to you the rights and licenses set forth above, you agree to pay the Company for its Services, as listed on Geofactor.com.
- Payment Terms. Except as expressly provided otherwise, ALL SALES ARE FINAL. Your order will not be processed until payment is received in full. The following payment terms and policies shall apply.
- All billed service fees are non-refundable and we reserve the right to charge you additional reasonable penalties and fees, including, but not limited to nonsufficient funds fees, cancellation fees, rush fees, late payment fees, and additional costs relating to change requests.
- You agree to provide us with an electronic balance transfer authorization, virtual check, and/or credit card, all of which must remain valid, in good standing and with sufficient resources to pay the fees for the Services provided to you. All payments due shall be remitted in United States currency. Failure to pay for the Services shall result in immediate termination of your right and license to access and use the Interface and the Services in accordance with these Terms. Notwithstanding anything to the contrary contained herein, you shall be irrevocably responsible for reimbursing all postage costs incurred relating to or arising out of Services provided by us on your behalf.
- No refunds are available on orders unless art files have NOT been uploaded to the site, submitted to customer service or sent to press. On jobs that meet the above criteria, you must contact Geofactor.com within 30 days to request your refund. Any refund requests approved after thirty (30) days will be issued as a credit toward the next order. All refunds are subject to a 5% processing fee.
- You acknowledge that Geofactor.com may place and print a small code on a customer’s print piece to help ensure accurate processing.
- If a balance payment is declined and is unable to be processed within five (5) business days of your mail drop date, your pieces will be held and re-prepped for the next available drop date once your payment clears. A $45 per thousand pieces re-prep fee will be charged.
- You must notify Geofactor.com within 6 business days of order acceptance of any damage discovered in the ordered product or the claim will be denied.
- Subject to the limitations set forth in this Section 10, Geofactor.com guarantees prints will not be defective in accordance with print industry standards. If a print is found to be defective, then you may contact Geofactor.com for a reprint or other compensation. Geofactor.com must be contacted IN WRITING via an email to info@Geofactor.com within six (6 )business days of receiving your order. Samples of the defective merchandise must be provided to Geofactor.com prior to any resolution. If the product is deemed defective, in our reasonable discretion, Geofactor.com will provide compensation within thirty (30) days.
- All charges related to shipping are NOT REFUNDABLE.
- All deposits received are non-refundable ninety (90) days after receipt.
- Sales Tax
Please be notified that sales tax may apply to your order(s) unless you qualify for sales tax exemption.
- Additional Fees for Processing 2nd Proof
The first proof for each order is free (included in the printing price). Replacing any files after the first proof has been sent will result in additional charges for each file replacement, as files would have to be reprocessed. The reprocessing fee will vary depending on the type of product.
- Coupons and Free Shipping
All coupons are limited to one-time use only. Coupons cannot be combined with another coupon, offer or discount or with free shipping. Coupons may be valid for a limited time only. See specific coupon for discount code and details. The max discount amount permitted by use of a coupon is $100 per order. The discount applies to the printing cost only, and is not applicable on postage, tax or shipping and handling charges. Coupons cannot be applied to certain orders including, but not limited to, orders containing custom quotes, direct marketing, or mailing services. All coupons must be applied at time of checkout unless otherwise stated. Coupons cannot be applied after order has been placed.
For free standard shipping, no coupon is required. Terms for free shipping may vary per order and may be valid for a limited time only. Free standard shipping applies to the Continental United States only and excludes Hawaii, Alaska, and all territories outside of the Continental United States. Free standard shipping excludes rush orders. Free shipping and a coupon, offer or discount cannot be applied at the same time.
We reserve the right to suspend any coupons or shipping and handling discounts at any time without notice.
- Order Shipping & Delivery
Geofactor.com will use commercially reasonable efforts to ensure that delivery schedules are met. Notwithstanding the foregoing, Geofactor.com is not liable for any delays in shipping. In no event shall Geofactor.com be liable for any direct, indirect, consequential or incidental damages resulting from any delay in shipment or delivery for any reason including, but not limited to, delays in shipments caused by weather conditions, shipping company delays, increase in volume during holiday season, information received on a holiday or a non-business day, international customs issues or any other circumstances beyond Geofactor.com’s direct control. Geofactor.com shipment and delivery dates are merely estimates calculated based upon estimates provided by our suppliers and cannot be guaranteed. When a package is not delivered due to an error made by you in submitting the proper shipping address, Geofactor.com will reship the package with the corrected address and charge an additional shipping fee for the shipment for which you will be responsible. Please note that this section applies to all orders, including, without limitation, mailing services, direct marketing services, and EDDM®. USPS EDDM® delivery times can vary due to a variety of factors, including the distance the mail will need to travel. Please also note that the United States Postal Services may not deliver mail on public holidays. Please refer to the USPS’ website (currently located at www.usps.com ) for more information on USPS® delivery times.
You understand that Geofactor.com reserves the rights to change drop dates on your orders based on availability of stock for your order, capacity availability, or other reasons that may be beyond our control. Please be aware that in addition to sending mail through USPS®, Geofactor.com may also utilize other 3rd party logistics providers such as FedEx and UPS for drop shipping EDDM® mailers. While there are no guaranteed delivery times for mail, Geofactor.com is not responsible for any delays by USPS® or any of the other 3rd party logistics providers. Please be aware that mail does sometimes get lost or delayed. While we will help you track and resolve issues around lost or delayed mail, you acknowledge and agree that once your order leaves our facilities, we cannot control delivery of mail and hereby disclaim responsibility for delivery and in-home dates under all circumstances.
Please be advised that we do not combine different items or orders for shipping. Due to the nature of gang-run printing, each item may be placed on a separate batch, and each batch may be completed at a different time than the rest of the items on the order. Thus, we ship each item separately to ensure you receive your products as soon as they are ready. We may combine shipping for certain items that have the same options, such as paper stock, quantity, etc. Further, please note that due to size limitations, we will not ship to PO Boxes.
Title and risk of loss pass to you upon our transfer of the products you ordered to the carrier responsible for delivery. Geofactor.com is not responsible for any delays or damages caused during transit or delivery, for any 3rd party shipping errors or omissions, nor for any charges or fees incurred due to packages that were lost or damaged in transit.
- Mailing Services, Direct Marketing Services, and Every Door Direct Mail®
Multiple mailings may be held in-house for up to four (4) weeks. Geofactor.com is under no obligation to hold multiple mailings beyond such time period.
For the expedited processing and level of service provided by our marketing department, all marketing orders and packages include an additional markup on all products and services excluding postage.
Since Geofactor.com’s permit number is indicated on the indicia, we will not be able to send you the remaining pieces of your marketing/mailing order. We will only be able to send you a limited number of samples. Remaining pieces may be stored for up to one (1) month for future mailings, or recycled. Geofactor.com is under no obligation to store the remaining pieces beyond such time period.
Geofactor.com’s permit indicia is the sole and exclusive property of Geofactor.com and can only be used by Geofactor.com. Any misuse of Geofactor.com’s permit indicia is strictly prohibited and will result in an automatic cancellation of your account, charges for violation, and any postage fees. Further, you will be subject to any other remedies available to Geofactor.com.
11. You acknowledge that you have no exclusivity with respect to the Services, any target population of individuals, geographical territory, campaign, product market, or otherwise, and that Geofactor.com at all times may provide services to any third-party, including your competitors. Geofactor.com may receive creative materials, EDDM® routes, or target lists from other customers that are similar to the creative or target lists provided by you, and that nothing in this Agreement or otherwise prevents Geofactor.com from utilizing such creative materials, EDDM® routes, or target lists or prevents Geofactor.com from conducting campaigns on behalf of other clients that are similar to your campaigns, utilize similar creative material, or target similar populations of individuals.
12. Campaigns. If User utilizes any of the Company’s printing, mailing, and/or data services (“Print Marketing”), automated electronic mail marketing campaign Services (“Email Marketing”), telecommunications marketing campaign Services (“Ringless Voicemail Marketing”), text message/SMS marketing campaign Services (“Text Message Marketing”), or online banner ads (“Banner Ad Marketing,” together with Print Marketing, Email Marketing, Ringless Voicemail Marketing and Text Message Marketing, “Campaign(s)”), the following provisions shall apply. You may be required to provide proof that you have in place measures to ensure compliance with these provisions. To protect the continued ability of all our customers to freely use our Services for legitimate purposes, we reserve the right to restrict or revoke your access to our Interface and Services if we determine, in our sole discretion, that you are not complying with these Terms and Conditions or any applicable Laws.
- Our Campaign Services place the ability to control such Services with you, the User. Since it is you who creates the audio and/or content for the Campaign, generally provides the contact list, and most importantly, controls your Campaign, you hereby accept full liability for your actions and actions that occur on your Account. We respect your privacy. We will not monitor your audio messages, SMS or MMS messages, emails, or read or share database upload information with any third party without your express permission unless we believe in good faith that such action is necessary to either comply with the law or to investigate from time to time compliance with our terms of these Terms and Conditions. Any use of contact lists provided by us shall not be permitted unless provided pursuant to a written agreement as separately agreed to by and between you and us.
- We feel it’s necessary to provide you with the following information regarding rules and regulations to ensure that all your campaigns are conducted responsibly and in full compliance with all applicable laws governing the use of this type of tool, service, and software designed for the purpose of responsibly contacting people or business through the use of these Campaign Services. However, this information is being provided for your convenience and it is your sole and full responsibility to consult, research, understand, and adhere to all applicable laws at all times when using our Campaign Services and you are fully liable for your actions and the actions that occur on your Account. Such applicable laws may include, but are not limited to, the CAN-SPAM Act, Telephone Consumer Protection Act of 1991, the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, Health Insurance Portability and Accountability Act (commonly known as “HIPAA”), the Gramm-Leach-Bliley Act, the United States DoNotCall Registry, Canada’s Anti-Spam Legislation, S.C. 2010, c. 23, and Canada’s National Do Not Call List. You agree to consult, research, understand, and adhere to the laws and regulations regarding your Campaign, as currently available at the following locations, among other international, Federal, State, Provincial, or local laws:
- Federal Trade Commission: http://www.ftc.gov
- Federal Communications Commission: http://www.fcc.gov
- United States DoNotCall Registry Info: http://www.donotcall.gov
- Health and Human Services: https://www.hhs.gov/hipaa/index.html
- Canadian Radio-television and Telecommunications Commission: https://crtc.gc.ca/eng/home-accueil.htm
- Canadian National Do Not Call List: https://www.lnnte-dncl.gc.ca/index-eng
- Additionally, User hereby agrees that:
- User understands that it is its sole responsibility to keep up to date and follow all Laws, rules, regulations, and/or restrictions set out by the authorities that govern the use of services provided through the Campaign Services.
- User agrees and confirms that the numbers, email addresses, and/or other contact information uploaded for its Campaign have been checked against all required Federal, State, and Provincial “Do-Not-Call” lists, and other such restrictive contact lists, or are otherwise exempt from this process, and hereby accepts full liability and legal responsibility for such contact.
- User is solely responsible for ensuring that it or its customer has the right to use the information contained in all Campaign for the purposes herein. User represents and warrants that its or its customer’s acquisition of the data in all Campaign, User’s or its customer’s transmittal of such data to us, and the use of such data for the purposes hereunder is in compliance with all applicable laws, statutes and regulations, and does not infringe upon the rights of any other party, including but not limited to copyrights, trademarks, privacy rights, moral rights, trade secrets, patents and any other right.
- User agrees and confirms it will not send anything that promotes anything illegal, is harassing, offers to sell illegal goods or services, or contains pornographic or sexually explicit content.
- User will clearly identify itself in its message and provide proper contact information such as phone number and address, to the extent required by Law.
- User represents and warrants to the Company that it has obtained prior, written consent from subscribers before sending them any messages or other content, to the extent required by Law.
- User understands that it is unlawful to send messages to any emergency phone lines. For example, 911 numbers, hospital medical service lines, physicians, health care facilities, poison control centers, fire or law enforcement agencies.
- User will avoid sending unsolicited messages to those who will incur charges unless proper prior permission has been obtain by the recipient or as the law requires.
- User will not send pre-recorded sales messages to those with whom User do not have a business relationship with and to whom User hasn’t received permission to call, to the extent required by Law.
- User will avoid sending unsolicited messages to those who have not “opted in” to receiving such messages, to the extent required by Law.
- User will not send messages to numbers or addresses after permission to do so has been revoked, including, but not limited by the recipient unsubscribing, reporting a message as spam, or a bounce that indicates the contact information does not exist or is not functional.
- User will provide those targeted by its Campaign with a conspicuous link to the Network Advertising Initiative and Digital Advertising Alliance industry opt-out pages, currently located at http://www.aboutads.info and http://www.networkadvertising.org, or another reasonably sufficient way for targeted consumers to opt-out of receiving such Campaign.
13. Disclaimer of Warranties; Limitation of Liability
USE OF THE INTERFACE, SERVICES, AND CONTENT IS AT YOUR SOLE AND EXCLUSIVE RISK, AND THE RISK OF DAMAGES FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU. THIS PRODUCT, INCLUDING ALL THE CONTENT, SOFTWARE, AND INFORMATION MADE AVAILABLE THEREON OR ACCESSED BY MEANS THEREOF, IS DISTRIBUTED ON AN “AS IS” BASIS AND “WITH ALL FAULTS.” THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT; OR THAT THE FUNCTIONS CONTAINED IN THE INTERFACE OR THE PRODUCT SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT THE PRODUCT DEFECTS, IF ANY, SHALL BE CORRECTED; OR THAT THE INTERFACE OR PRODUCT SHALL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE INTERFACE OR PRODUCT, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, THE UNIFORM COMMERCIAL CODE, AND THE UNIFORM COMPUTER INFORMATION TRANSACTION ACT SHALL NOT APPLY TO THESE TERMS AND CONDITIONS. THE COMPANY SHALL NOT HAVE ANY LIABILITY TO ANY THIRD PARTY RESULTING FROM ITS PERFORMANCE UNDER THESE TERMS AND CONDITIONS OR FOR ANY FAILURE TO PERFORM HEREUNDER. NEITHER THE COMPANY NOR ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUBCONTRACTORS, SHALL BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) INCURRED IN CONNECTION WITH SERVICES PERFORMED OR PRODUCTS PROVIDED UNDER THESE TERMS AND CONDITIONS. THE COMPANY SHALL NOT BE LIABLE FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR COMMUNICATIONS LINE FAILURE INVOLVING THE CONTENT OR SERVICES, AND SHALL NOT BE LIABLE FOR ANY ACT OR INACTION OF RECIPIENTS OF THE SERVICES INCLUDING BUT NOT LIMITED TO MISUSE, ABUSE, INFRINGEMENT, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO, ALTERATION OF THE COMPANY’S RECORDS, PROGRAMS, OR USE OF THE INTERFACE OR THOSE OF ITS AFFILIATES, WHETHER FOR BREACH CONTRACT (INCLUDING BREACH OF WARRANTY, LOST PROFITS OR OTHER ECONOMIC LOSS), TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.
14. Limitation of Damages
You agree that the Company shall have no liability to you for any damages arising as a consequence of any non-accessibility of the Interface or its affiliates. In no event shall the Company be liable to you or any third party for damages resulting from: (a) the interface failing to operate uninterrupted or error free; (b) defects or errors in the interface; (c) viruses or other harmful components; (d) inaccurate interface content; or (e) any allegations of any statutory or regulatory violation asserted arising out of your use of the Interface or our provision of the Services.
In no event shall the Company’s total liability, or that of its respective officers, directors, employees, agents, distributors, suppliers, or third parties providing services for the Interface or the Services, to you for all damages, losses, and causes of action resulting from your use or inability to use the Interface, Services, or Content whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount you paid to us in connection with the applicable event or purchase giving rise to such liability.
The limitations set forth in Sections 13 and 14 apply, to the extent permitted by law, whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the Company has been advised of the possibility of such damages.
15. Copyright Infringement
- If you believe that any content has been posted on the Interface in a manner that constitutes copyright infringement, please notify us by providing our designated Copyright Agent with the written information specified below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work(s) claimed to have been infringed;
- A description of the material on the Interface that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
- Our designated e-mail address for notice of claims of copyright infringement is: info@Geofactor.com
You hereby agree to indemnify, defend and hold harmless the Company, and any and all of its subsidiaries and affiliates and their respective past and present officers, directors, managers, agents and representatives and employees (collectively, the “Company Indemnitees”) from all claims, liabilities, damages, and expenses (including attorneys’ fees and expenses) (collectively, “Claims”) arising out of or relating to: (A) your use of the Services (except to the extent such claims are due solely to our gross negligence or willful misconduct); (B) any alleged breach of this Agreement by you; (C) any Claim that the Services infringe or violate any regulation or compliance obligation arising from or out of your use thereof; (D) Claims for libel, slander, invasion of privacy, or infringement of copyright arising out of the Content transmitted via the Services; (E) Claims of any statutory or regulatory violation arising out of your use of the Services; (F) any Claim to the extent it arises out of or relates to the failure of performance of a third party (for example, the failure of delivery by a postal service or the failure of delivery of a cellular service provider); (G) violation of any applicable law, rule or regulation arising out of your use of or our fulfillment of the Services; or (H) violation of any rights of another person or entity arising out of your use of or our fulfillment of the Services, including without limitation any intellectual property rights or rights of privacy. Notwithstanding your forgoing obligation to defend the Company, the company shall have the right to approve the counsel used in such defense or to settle or reject any offer of settlement, as determined in the Company’s sole discretion.
17. International Use
We make no representation that information on the Interface is appropriate or available for use outside the United States. Those who choose to access the Interface from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Content available via the Interface or as part of the Product may contain components that are subject to export controls. You agree not to transfer or export such Content from the United States, including providing such Content to any foreign person or entity in the United States.
18. Force Majeure
Neither party shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, terrorism, labor stoppage, war or military hostilities, or inability of carriers to make scheduled deliveries, and any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event.
20. Dispute Resolution
- Jurisdiction and Disputes
These Terms and Conditions shall be governed by the laws of the State of California. All disputes hereunder shall be resolved in the state or federal courts sitting within the County of San Francisco, California. The parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. The prevailing party in any such dispute will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach or defending any alleged breach of any term of these Terms and Conditions.
- Timing of Claims
Any cause of action or claim you may have with respect to this Site (including, but not limited to, the purchase of any products and/or services) must be commenced within one (1) year after the claim or cause of action arises. You hereby waive all claims and causes of action not commenced in accordance with this section.
- Arbitration and Venue
Any dispute relating in any way to your visit to, or use of, this Site shall be submitted to confidential arbitration in San Francisco, California, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, and you consent to jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator.
Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. If not otherwise decided by the arbitrator, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur).
- Final Arbitration
The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling, and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
- Class Action Waiver
To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
21. Attorneys’ Fees. If the services of an attorney are required to secure the performance of these Terms and Conditions or otherwise upon the breach or default of the Terms and Conditions, or if any judicial remedy or arbitration is necessary to enforce or interpret any provision of the Terms and Conditions or the rights and duties of any person in relation thereto, the prevailing party shall be entitled to reasonable attorneys’ fees, costs, expert witness fees, accountant and consultant fees and other expenses, in addition to any other relief to which such party may be entitled. Any award of damages following judicial remedy or arbitration as a result of the breach of the Terms and Conditions or any of its provisions shall include an award of prejudgment interest from the date of the breach at the maximum amount of interest allowed by law.
22. Terms and Conditions Binding on Successors
These Terms and Conditions shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.
The heading of each section of these Terms and Conditions is for the purpose of convenience only and shall not affect the interpretation of any provision hereof.
No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of these Terms and Conditions.
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.
You may not assign your rights herein without the express written consent of the Company. We may assign our right herein in its sole discretion.
27. Integration and Modification
These Terms and Conditions constitute the entire understanding of the parties, revokes and supersedes all prior agreements between the parties, and is intended as a final expression of their agreement. The Company has the right to modify these Terms and Conditions and any policies affecting the Interface. Any modification is effective immediately upon posting to the Interface or distribution via electronic mail or conventional mail. Your continued use of the Interface and Content following notice of any modification(s) to these Terms and Conditions shall be conclusively deemed an acceptance of all such modification(s). Your only right is to terminate your Account in accordance with the provisions of these Terms and Conditions with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of the Company in providing the Product, including, but not limited to: (i) any change in the Content; or (ii) any change in the amount or type of fees associated with the Product. We have the right to modify, suspend, or discontinue the Product or any portion thereof at any time, including the availability of any area of the Interface. We may also impose limits on certain features and services or restrict your access to parts or all of the Product without notice or liability, except as set forth in Section 5. These Terms and Conditions shall take precedence over any other documents that may be in conflict therewith.
28. The Interface may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies, or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
30. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
The division of these Terms and Conditions into sections and the headings of the various sections in these Terms and Conditions are for convenience of reference only and shall not affect the construction or interpretation of these Terms and Conditions. You acknowledge and agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to these Terms and Conditions.
EVERY DOOR DIRECT MAIL®, EDDM®, EDDM RETAIL®, EDDM BMEU™, UNITED STATES POSTAL SERVICE®, U.S. POSTAL SERVICE®, USPS®, U.S. POST OFFICE®, POST OFFICE™, and ZIP CODE™ are trademarks of the United States Postal Service® and are used with permission under license.