Terms of SERVICE

 


OVERVIEW

This website is operated by Direct Mail Impressions. Throughout the site, the terms “we”, “us” and “our” refer to Direct Mail Impressions. Direct Mail Impressions offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

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

 

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

 Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - REFUNDS

DMI does not issue refunds. Please refer to our warranty section.

 

SECTION 7 - ORDER CANCELLATION

The following policy regarding order cancellations applies: DMI must receive an order cancellation form prior to the order entering the production stage. It is DMI’s discretion as to when the order enters the production stage. If DMI has determined you are eligible to cancel then a company credit which can be used for any future product or service will be issued. The credit amount will be based on the amount of product/service ordered, but may include a $150.00 order cancellation fee. No company credit or refund will be issuedafter the order as entered the production stage.

 

SECTION 8 - RETURNS FOR CREDIT

Because each order produced is a custom job no order may be returned for credit under any circumstances.

 

SECTION 9 - WARRANTY

DMI at its sole option will repair or reprint any order that contains abnormal imperfections, fails to provide a reasonable representation to the approved color proof or where we have failed in your written instructions. DMI at its sole option may elect to provide a prorated credit in lieu of a reprint if the shortage, defective or damaged portion of an order does not exceed 20% of the ordered amount. Claims for defects, damages or shortages must be made by the customer in writing within (10) days after delivery. The customer must receive a written authorization to return a defective order or portion in advance of return. Defective orders must be returned within (30) days after delivery. DMI’s sole liability shall be limited to the reprinting of any defective order or portion and in no case shall include special or consequential damages including customer expenses, profits or profits lost.

 

SECTION 10 - PRODUCTION SCHEDULE AND TURNAROUND TIME

Delivery schedules, turnaround times and other similar terms used by DMI merely reflect the average completion time of similar orders and will be affected by run lengths, special customer requirements, workloads, holidays or equipment breakdowns. It is not contractual unless agreed in writing.

 

SECTION 11 - CUSTOMER ARTWORK AND SUPPLIED DIGITAL INFORMATION

Nigital Information: All artwork and data files supplied to DMI for production by the customer must be provided following DMI’s written guidelines. The customer accepts all responsibility for all files that fail to output properly, contains errors or provide an unacceptable result. DMI will make every effort to discover problems in the disk preflight stage but accept no responsibilities for errors not detected. Digital Image files supplied by the customer are the exclusive responsibility of the customer and DMI accepts no responsibility for the color accuracy or quality of these files.

 

SECTION 12 - CUSTOMER CHANGES

Customer changes represent work performed in addition to the original specifications. Such additional work shall be billed at our current rates. Customer changes will delay the completion and delivery of your order. The customer must sign a revised Invoice/Order Acknowledgement to approve these costs. Proofs: If you are submitting a digital file, you must submit a composite laser proof and color laser proof with your order. DMI will submit a PDF proof for your approval. If you do not also submit laser proofs as required, DMI will not be held responsible for any errors or omissions. If DMI provides art work or is instructed by a customer to modify a file, we will email a PDF proof. Corrections to be made must be E-mailed. Delay in the E-mail with corrections will delay the completion of your job. DMI assumes no liability for errors contained in the job if proofs are waived, errors in the proofs are not communicated via e-mail or if changes are communicated verbally. A proof is not approved for production until an approval e-mail with the words approved are received.

 

SECTION 13 - CUSTOMER FURNISHED MATERIALS

DMI is not responsible for lost, damaged, or shortage of materials furnished by the customer.

 

SECTION 14 - COLOR MATCHING

If you are concerned with the color of your card, please contact your representative to purchase a color proof. You will see this proof before signing off on any printing. Because of the differences in equipment, paper and inks and other conditions between color proofing and pressroom operations, a reasonable variation between color proofs and completed job is expected, unavoidable and shall constitute an acceptable delivery. Printing products are produced in a gang run and limitations of this format may result in a larger color variance than normal. DMI will make every effort to produce a reasonable representation based on materials supplied by the customer; however, DMI does not guarantee color matching.

 

SECTION 15 - PAYMENT TERMS

DMI shall require cash payment in full at the time the order is placed. A $35.00 fee will be charged on all returned checks in addition to the original amount due.

 

SECTION 16 - INDEMNIFICATION DUE TO RIGHTS/OWNERSHIP CLAIMS

The customer affirms ownership or publication rights to all artwork, photos, and other materials submitted for printing and agrees to indemnify and hold harmless DMI from any and all loss, cost, expense and damages on account of any and all matter of claims, demands, actions and proceeding that may be instituted against DMI on grounds that said printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person’s right to privacy or any other personal right. The customer agrees to, at the customer’s own expense, promptly defend and continue the defense of such claim, demand, action or proceeding that may be brought against DMI provided that DMI shall promptly notify with respect there to.

 

SECTION 17 - MAILING LISTS

The industry average for returns on non-deliverable mail is 10%. If the list you use in mailing your postcards was purchased through DMI we will only assume responsibility for amounts above 10% if the list has been used within a year of purchase. DMI will give a credit toward future mailing for any amount returned over 10%. DMI is not responsible for the maintaining or storage of mailing lists you have provided to us or purchased through us beyond the current mailing. However we will make every effort to keep your personal mailing list(s) and any unlimited use mailing lists you purchased from us, for a period of 1 year. After 1 year any mailing lists we have on file for your will no longer be kept on file.

 

SECTION 18 - SHIPPING & DELIVERY OF MATERIALS NOT MAILED

All shipping charges are in addition to the selling price of the job. We ship Fed Ex F.O.B. Boca Raton, Florida. We do not guarantee Fed Ex’s service. Delivery time varies based on delivery service selected.

 

SECTION 19 - SHIPPING & DELIVERY OF MATERIALS MAILED

All mailing services will be delivered through the US Post Office. Your invoice/Order Acknowledgements must be signed to authorize us to process and deliver all mailing through the US Post office. Our proof of delivery is your postage statement which will be furnished upon the customer’s request. Once mail is delivered to the US Postmaster, DMI holds no responsibility. Delivery times vary based on your mail class and mailing destination. It can take anywhere from 3-15 plus business days for mail delivery through the US Post office.

 

SECTION 20 - OWNERSHIP OF PREPARATORY MATERIALS

Artwork, type, film, digital files and plates produced by DMI in the ordinary course of production remain the exclusive property of DMI unless otherwise agreed to in writing. Inventory: DMI will store your mail collateral for up to 90 days with no activity. After 60 days, we will contact you to determine if you would like to mail again, discard the collateral or have them shipped to you. Storage fee will apply after 90 days.

 

SECTION 21 - POST OFFICE DELIVERY TIMES

The delivery date given is an approximate based on the normal turnaround time. DMI is not responsible for delays caused by the USPS and our responsibility ends when the job is delivered to the Post Office. Under no circumstance is a refund or credit issued for the cost of postage after the product has been dropped at the Post Office.

 

SECTION 22 - ERRORS IN MAILING

DMI is only liable to the extent of re-mailing a job to correct or rectify an error. Damages shall be limited to the value of the work performed and in no case in DMI liable for loss of business, incidental or consequential damages. The client will hold DMI harmless in any suit or court action by themselves or by others for costs, expenses, or alleged damages. Artwork Storage: DMI will make every effort to keep the final version of your artwork on file for a period of 2 years. After 2 years, your artwork will no longer be kept on file.

 

SECTION 23 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Returns Policy.

 

SECTION 24 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 25 - THIRD-PARTY LINKS

 Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 26 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 27 - PERSONAL INFORMATION

 Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

SECTION 28 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 29 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 30 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Direct Mail Impressions, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 31 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Direct Mail Impressions and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 32 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 33 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 34 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 35 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 1200 S Rogers Cir Suite 8 Boca Raton FL USA 33487.

 

SECTION 36 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 37 - EMAIL CORRESPONDENCE

By agreeing to the terms and conditions you are also agreeing to receive promotional and other marketing emails from Direct Mail Impressions.  You can Opt-out at any time.

 

SECTION 37 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@maildmi.com.

 


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