User Contract
Service is provided by Inmark Media, LLC. / Waybetterpostcard.com / Affiliated Websites (Portals)
Please read these terms of use carefully before using this site or ordering anything from it or its related ordering portals. By using this site, you signify your unconditional assent to these terms of use and the fact that all terms and conditions herein apply to Inmark Media, LLC. d.b.a. Waybetterpostcard.com (WBP) and all of our affiliates, portals, vendors, and partners separately and collectively as applicable. If you do not agree to these terms of use, you are not authorized to use the site. WBP cannot and does not guarantee the security of information you transmit through the Web, and you transmit all such information at your own risk.
Terms and Conditions of Order
1. Accuracy Layout
You are 100% responsible for the accuracy of your layouts or layouts contracted or provided by WBP Media, LLC or waybetterpostcards.com or any of its related entity’s . Please proofread all layouts carefully. Postal Regulations are subject to change and you are also 100% responsible for complying with current USPS Postal Regulations as outlined on our website: WBP may attempt to adjust, any or all content and/or positions of objects in an effort to meet any postal regulation. WBP reserves the right to refuse to print any material that WBP determines, in its sole discretion, is immoral, illegal or inappropriate for any reason for distribution in the United States Postal Service mail stream. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements. You will not be charged for any services that are performed by WBP on any job that is denied for the reasons described in this paragraph.
Color
All products are placed on our printing press either digital, offset or large format, with other jobs or "gang printed". WBP will reproduce color from submitted files or layouts as closely and accurately as possible, but cannot exactly match color and density (as viewed in a 5,000K light booth) because of limitations in the printing process, as well as neighboring image ink requirements. The accuracy of each color reproduction is guaranteed to be within a minimum of 60-90% of the original image you submit. WBP accepts no responsibility whatsoever for color variations between submitted images and the actual artwork or product. All colors contained within any RGB digital file will be converted to WBP's CMYK color space. This may cause the RGB colors to visually change due to color space differences. You should also note that your computer monitor's calibration affects the colors displayed on your monitor's screen. The colors on the printed cards may differ from what you see displayed when viewing your layout via WBP's online final approval process. The online proof only presents the design layout, text accuracy, image proportion and placement, but not color or density. For reprints, WBP strongly suggests that you mail a hard copy of the original order for an accurate color review. Also, if your order is color critical, WBP strongly suggests you purchase a hard copy color proof from WBP
2. Payment
The fees for WBP products and services, which include the cost of processing, printing, shipping and/or mailing, and any other charges applicable, are due and payable together with the submission of an order. WBP requires pre-payment on all orders with the exception of certain customers pre-approved for Credit Terms. WBP grants Credit Terms on the print portion of orders only. All mailing services and postage related fees must be prepaid. Please note that no orders will be mailed until an approved and signed mailing services invoice is returned from the customer authorizing payment. Any amount due to WBP, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. Customers are responsible for all related collection costs, legal fees and interest. All returned checks will be charged a fee of $55.
Notwithstanding the above, all orders for customers located outside of the United States must be prepaid in full and in advance, including all printing, mailing, processing, shipping and any other applicable costs or charges. Such orders must be paid via certified bank check (from a bank which WBP deems acceptable.
Sales Tax Policy
If your order qualifies for sales tax exemption in accordance with Maryland Sales & Use Tax Regulations you must provide WBP with a Valid Maryland Resale Certificate. INMARK requires that resale certificates be provided at the time of order.
Refunds & Cancellation
No refunds of any nature will be granted once WBP begins your order. Additionally, no partial refunds will be provided for work not completed and design and set up fees may still apply and be charged. All refunds, due to an overpayment on a particular account are available upon customer request.
3. Production Time & Delivery
Our daily deadline for receiving materials to begin work on an order is 11 am EST for most product, unless stated otherwise within the product. . Quoted Production Times start only after WBP receives payment in full, final approval of your layout if requested, and summary of printing charges with no further changes per WBP's Approval Form. WBP quoted production business days are calculated in 24 hour increments. All correspondence regarding the order must include the job number (in the subject line of an email or on the outside of a package/envelope) to avoid any delays in production. Completion of your job within our quoted Production Time is dependent on receipt of your signed Layout and Final Approval, if requested (proof request). Please account for additional time for delivery of your order as the number of delivery days is dependent upon the delivery service you select. For WBP observed holidays, add one (1) additional day to the Production Time. Expected delivery date and Production Times are not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. You are responsible for all customs, duties or fees related to an international shipment. WBP is not liable for damage caused by any service carrier. Carrier claims are limited to $25. WBP accepts no responsibility for tracking the delivery of packages shipped via the custom shipping option. Pick up orders will be kept for 10 days from the delivery of the pick-up notification email. If the order has not been picked up from WBP's facility within 10 days, it will be shipped directly to the customer and customer will be billed for the applicable ground shipping rates.
4. Indemnification, Damages
You agree to indemnify and hold WBP and its parent companies, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys' fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s) being reproduced on your card. You acknowledge and understand that copyrighted materials, per U.S. Copyright law do not have to bear a copyright notice in order to be protected by such laws. You also warrant and represent that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by WBP. DO NOT send any "one-of-a-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible, financially or otherwise for loss or damage to customer supplied images or artwork.
The liability of WBP, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to WBP for its products and services. In no event will WBP be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. You agree that any claim or lawsuit relating to this Agreement must be filed within one (3) months of date of the alleged breach by WBP. You hereby waive any Statute of Limitations to the contrary.
5. Ownership & Limited Use
By placing an order with WBP, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with WBP and; (ii) are authorizing WBP to print such order on your behalf. All images/graphics, text, content or other materials supplied to WBP by the customer will become property of WBP and the customer assigns and/or transfers any and all copyright and permissions to WBP.Any additional materials created by WBP in the production of an order, (including but not limited to: typeset layouts, color scans, fonts, high resolution digital files etc...) are and shall remain the sole property of WBP. Digital files of an WBP assembled layout can be obtained upon customer's written request and by payment of the applicable fee for such files.
In the event WBP has purchased images or mailing lists on your behalf for use in your layout or mailing, please be aware that these images are by default purchased with a “Standard License” which only permits the image and/or content to be used on one layout for one mailing campaign. Standard license agreement dictates that these images and/or content cannot be repurposed by the client or reused in any other layout or mailing campaign (even if re-printing with WBP) without repurchasing the image for this additional use.
WBP reserves the right to reprint and distribute your finished cards, brochures, booklets, and or, any printed matter, as examples of WBP postcard products for any and all promotional purposes. This promotional distribution may include but is not limited to WBP's collateral marketing materials, website, affiliates' websites, affiliate programs, WBP catalogs, catalogs of others, emails, and any other marketing in any medium that WBP may employ as necessary.
6. Mailing Services & Mail Delivery
When utilizing our Mailing Services, WBP shall only be liable to rectify errors to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the total amount of fees payable by customer for the work performed. In no case will WBP be liable for special, incidental, or consequential damages of any kind. WBP's responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. WBP shall not be liable for USPS performance failures or delivery delays. WBP accepts no responsibility for any additional services performed outside of WBP, including but not limited to additional ink jetting, printed materials, bindery or mail delivery services. Any remaining customer cards not mailed through WBP Mailing Services may be returned via UPS at customer's expense and shipped to the contact address on file unless otherwise specified by the customer.
7. Mailing List(s)
WBP agrees to maintain customer's mailing list(s). A customer's mailing list(s), while in the possession of WBP, is considered the property of WBP and used with customer's instructions. It is customer's or customer's list vendor's responsibility to maintain a duplicate copy of its mailing list. WBP assumes no responsibility for replacement (or reprocessing) of such lists in the event of loss by fire, vandalism, theft or other such causes while in its possession. WBP from time to time may update customer mailing lists for USPS validation and compliance. WBP may not maintain the original list as submitted, but will make a reasonable efforts to reproduce if requested.
Duplicate Removal
Unless otherwise instructed, WBP will remove duplicate names, from any lists submitted for processing where the name and address match.
Change of Address updates
U.S. Postal Service requires that all first class presorted and Marketing Mail (STD) mailings comply with Move Update. WBP assumes no responsibility for failure to do so.
Reformatting
WBP uses ASCII, CSV and DBF formats for data compilation for mailing services. Although many formats can be converted to DBF, a compatible mailing service software format cost of $75 per hour may be incurred to reformat mailing lists to meet our specifications. Customer may be notified, in advance, of conversion and formatting incompatibility. WBP assumes no liability or responsibility for any errors cause in any conversion process
Purchased Lists
For mailing lists purchased or rented from WBP, WBP offers a deliverability guarantee of 80% on Business to Business lists and 85% on Business to Consumer lists if mailed within 10 days of the order. Deliverability applies solely to the accuracy of the mailing addresses themselves and not to the accuracy of any other element of the mailing list, including, but not limited to contact names and/or any other demographic/firmagraphic/predictive criteria or element. Customer remains fully responsible for payment of any ordered list in the event that the printing and/or mailing portion of the order is cancelled by customer. For Specialty lists, customer should note that a List owner may request a copy customer's mail piece and view the desired mail date prior to providing approval of the list rental order. Customer should also note that a List owner reserves the right to refuse a list rental order for any reason they see fit.
8. Miscellaneous
Sections 5, 6, 8, and 11 of WBP's Terms and Conditions of Use/Website are hereby incorporated by reference as though fully set forth herein. Please read them carefully. You agree that any claim or lawsuit relating to this Agreement must be filed within one (3) months of date of the alleged breach by WBP. You hereby waive any Statute of Limitations to the contrary.
Terms and Conditions of Use/Website
WBP provides its services to you subject to the following Terms and Conditions. If you visit, use a service, or make purchases at waybetterpostcard.com or any other web sites (collectively, the "Site") operated by WBP MEDIA, LLC, Inc. d/b/a waybetterpostcard.com, or a related client portal, or one of its divisions or subsidiaries (collectively, "WBP"), you agree to abide by these Terms and Conditions when you use the Site. If you do not agree to these Terms and Conditions of Use, do not use any portion of the Site.
1. Nonexclusive License
We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of WBP. 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 WBP without our express written consent. You may not use any meta tags or any other "hidden text" utilizing WBP's name or trademarks without the express written consent of WBP. Any unauthorized use terminates the license granted by WBP. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of waybetterpostcard.com so long as the link does not portray WBP, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any WBP logo or other proprietary graphic or trademark as part of the link without express written permission.
2. Prohibited Uses
Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (iii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any WBP employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that : (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not use the Site for chain letter, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.
3. Usage and Monitoring
WBP does not regularly review the contents of the material posted to the Site. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. WBP does sell products for children. If you are under 18, you may use waybetterodernpostcard.com only with involvement of a parent or guardian. WBP reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. While WBP has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, WBP reserves the right to delete and take other appropriate action with respect to such messages, information or files with which WBP, in its sole discretion, deems objectionable or otherwise in calviolation of these Terms and Conditions, including denying access to the site to anyone at anytime.
If you do post or submit content, you represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will indemnify WBP for all claims resulting from content you supply. WBP respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately. We reserve the right to distribute free samples of your postcard.
4. Privacy
Your use of the Site constitutes your consent to WBP's privacy policy posted at waybetterpsotcard.com.com which is updated from time to time..
5. Copyright Ownership
All content included on the Site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of WBP or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. WBP and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.
6. Trademark Ownership
Waybetterpsotcard.com “ACCUTRACE®, “BUILD A LIST", MAP MY LIST" ™ and other related trademarks and service marks maybe the property of WBP and are protected by United States and international trademark law. They may not be used without the written permission from WBP and all rights are reserved.
7. Web Linking
Links may appear on the Site that link to other web sites. These links are provided as a courtesy to our visitors. WBP has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. WBP is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. WBP reserves the right to terminate any link at any time.
8. Purchases
All items purchased from WBP are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
9. Limitation of Liability, Delivery, Transportation and Acceptance of Goods
All products and services provided by Inmark Media, LLC, WayBetterPostcard.com, and their affiliates, including but not limited to printing, direct mail, mailing services, signs, displays, promotional products, packaging, fulfillment, shipping, courier services, transportation services, logistics services, and related production activities (collectively, the "Products and Services"), are subject to the following terms and conditions.
TRANSFER OF RESPONSIBILITY
Responsibility for all Products and Services transfers to the customer upon the earliest occurrence of:
(a) Customer pickup;
(b) Delivery to the customer or the customer's designated recipient;
(c) Delivery to a residence, office, business, construction site, vacant property, mailroom, concierge, front desk, porch, garage, lobby, reception area, or other location designated by the customer;
(d) Tender of the Products to USPS, UPS, FedEx, DHL, a courier service, freight carrier, messenger service, common carrier, or other transportation provider selected by either party.
Upon such transfer, the customer assumes all responsibility for the Products, including but not limited to inspection, storage, handling, transportation, installation, mounting, display, distribution, maintenance, security, and protection from loss or damage.
INSPECTION AND ACCEPTANCE
Customers are responsible for inspecting all Products promptly upon receipt. Any claim relating to manufacturing defects, shortages, shipping discrepancies, or production errors must be reported in writing within five (5) business days of receipt. Failure to provide written notice within such period shall constitute full acceptance of the Products and waiver of any related claim.
STORAGE, HANDLING, AND ENVIRONMENTAL CONDITIONS
The customer is responsible for promptly retrieving, securing, storing, and protecting all Products following delivery or pickup.
Inmark Media, LLC and WayBetterPostcard.com shall not be liable for any damage, deterioration, discoloration, warping, moisture absorption, fading, theft, vandalism, contamination, mold, mildew, pest damage, weather exposure, excessive heat, excessive cold, humidity, water intrusion, sunlight exposure, delayed retrieval, improper storage, improper handling, misuse, neglect, or any other condition occurring after the Products leave our possession or control.
This limitation specifically includes, but is not limited to, printed materials, brochures, postcards, booklets, catalogs, signs, banners, displays, promotional products, packaging materials, and all other Products supplied by the Company.
INSTALLATION AND USE
The customer is solely responsible for determining the suitability of any Product for its intended use and for ensuring proper installation, mounting, display, placement, maintenance, and operation.
Inmark Media, LLC and WayBetterPostcard.com shall not be liable for damages, injuries, losses, property damage, business interruption, or other claims arising from improper installation, improper use, improper mounting, inadequate support structures, environmental conditions, code compliance issues, third-party installation services, or any use of the Products after delivery.
TRANSPORTATION AND CARRIER DISCLAIMER
Delivery dates, arrival estimates, transit times, mail delivery estimates, in-home dates, and shipping projections are estimates only unless expressly guaranteed in writing by the Company.
Once Products are tendered to USPS, UPS, FedEx, DHL, a courier service, freight carrier, messenger service, common carrier, or other transportation provider, transit performance becomes the responsibility of that carrier.
Inmark Media, LLC and WayBetterPostcard.com shall not be liable for delays, delivery interruptions, routing errors, weather events, transportation disruptions, labor disputes, equipment failures, carrier errors, missed delivery attempts, address-related issues, forwarding delays, postal processing delays, postal delivery variations, recipient actions, force majeure events, governmental actions, or any circumstance beyond the Company's reasonable control.
DIRECT MAIL AND POSTAL SERVICES
The Company utilizes USPS and other third-party transportation and delivery networks to facilitate mailing and distribution services. Delivery performance is dependent upon those third-party systems.
Postal delivery dates, in-home estimates, tracking events, scan activity, and transportation data are provided for informational purposes only and are not guarantees of delivery unless expressly stated otherwise in writing.
The Company shall not be liable for postal delays, delivery sequence variations, missed scans, forwarding activity, carrier route variations, recipient availability, returned mail, undeliverable addresses, address quality issues, postal service interruptions, or other events occurring within or related to the postal system after acceptance by USPS or another carrier.
LIMITATION OF DAMAGES
Under no circumstances shall Inmark Media, LLC, WayBetterPostcard.com, their owners, officers, directors, employees, contractors, agents, affiliates, successors, or assigns be liable for any indirect, incidental, consequential, special, exemplary, punitive, or economic damages, including but not limited to lost profits, lost commissions, lost business opportunities, loss of goodwill, reputational harm, lost marketing opportunities, loss of anticipated revenue, business interruption, or similar damages, regardless of the theory of liability asserted.
USE OF PRODUCTS AND ASSUMPTION OF RISK
The customer acknowledges that Products supplied by Inmark Media, LLC and WayBetterPostcard.com are intended for lawful and reasonable use only. The Company has no control over how Products are stored, handled, displayed, distributed, installed, transported, presented, viewed, or otherwise used after delivery or acceptance.
The customer assumes all risks associated with the possession, distribution, display, handling, transportation, installation, and use of the Products. Inmark Media, LLC and WayBetterPostcard.com shall not be liable for any injury, death, property damage, vehicle accident, business interruption, personal injury claim, or other loss arising from the misuse, distraction, improper handling, negligent use, unauthorized modification, or unintended use of any Product after it leaves the Company's possession or control.
Without limitation, the Company shall not be responsible for claims arising from Products being viewed, read, handled, displayed, transported, installed, mounted, distributed, or otherwise used in a manner that creates a distraction, obstruction, hazard, or unsafe condition
MAXIMUM LIABILITY
In all circumstances, the total cumulative liability of Inmark Media, LLC and WayBetterPostcard.com arising out of or relating to any Product, Service, order, shipment, mailing, delivery, transaction, or claim shall be limited exclusively to the amount actually paid by the customer for the specific Product or Service giving rise to the claim.
The Company reserves the sole discretion to repair, replace, reprint, reproduce, credit, refund, or otherwise resolve any claim in the manner it deems appropriate.
ACKNOWLEDGEMENT
By placing an order, submitting artwork, approving proofs, authorizing production, accepting delivery, arranging pickup, utilizing mailing services, or otherwise engaging the services of Inmark Media, LLC or WayBetterPostcard.com, the customer acknowledges that they have read, understood, and agreed to these terms and limitations of liability.
10. Signs, Posters - or Display Type Products Limitation of Liability and Assumption of Risk
By purchasing, accepting delivery of, or using any sign, frame, stake, post, mounting hardware, display product, or related item from Inmark Media LLC and/or WayBetterPostcard.com, the buyer acknowledges and agrees that all products are sold "AS IS" and that the buyer assumes full responsibility for the installation, placement, securing, inspection, maintenance, and use of such products.
The buyer is solely responsible for determining the suitability of the installation location, mounting method, hardware, and ongoing maintenance of the sign or display product. Conditions such as wind, weather, soil conditions, terrain, traffic, construction activity, and other environmental factors may affect the stability and performance of the product and are beyond the control of Inmark Media LLC and WayBetterPostcard.com.
Inmark Media LLC and WayBetterPostcard.com shall not be liable for any direct, indirect, incidental, special, punitive, or consequential damages, including but not limited to property damage, personal injury, bodily injury, death, business interruption, loss of profits, or other losses arising from or related to the installation, use, misuse, maintenance, failure, movement, collapse, theft, vandalism, or removal of any sign or display product.
The buyer further agrees that Inmark Media LLC and WayBetterPostcard.com are not responsible for the acts or omissions of any installer, contractor, property owner, homeowner, tenant, association, governmental authority, or third party involved in the placement or use of the product.
The buyer is solely responsible for complying with all applicable federal, state, county, municipal, zoning, HOA, property-owner, and other regulations governing the installation, display, and use of signs. The buyer agrees to indemnify, defend, and hold harmless Inmark Media LLC and WayBetterPostcard.com from any claims, damages, liabilities, costs, or expenses arising from the installation, display, or use of the product.
To the fullest extent permitted by law, the total liability of Inmark Media LLC and WayBetterPostcard.com for any claim related to a purchased product shall be limited to the original purchase price paid for the product.
11. Disclaimer and Limitation of Damages
(a) WBP is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided "as is," without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, WBP makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will WBP, its suppliers, or any other party involved in creating, producing or delivering the Site's content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site. The limitations herein may not apply in certain jurisdictions.
(b) Any reliance upon any advice, opinion, statement other information displayed or distributed through the Site is at your sole risk. WBP reserves the right, in its sole discretion and without notice to deny access to the Site to anyone at any time. Neither WBP nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.
(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.
(d) We make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
12. Indemnification
You agree to indemnify and hold WBP and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
13. Purchased Mail List - Regulations and Policies and Agreement
Data Quality
Our number one priority is to provide our customers with top quality, up-to-date marketing mailing lists. Inmark Media, LLC/Waybetterpostcard.com partners with various list compilers or third party providers. By purchasing a list, each customer agrees to all user purchase policies and data quality and understands the purchase of a list from Inmark Media, LLC/Waybetterpostcard.com is non-refundable and non disputable if paid with credit card once the list/file has been sent, emailed or downloaded.
Deliverability & Accuracy
Our third party compilers, performs rigorous quality assurance tests and clean and update their Consumer & Business databases every 30 days and the New Mover & New Homeowner databases every 7 days, in order to maintain the highest deliverability and accuracy rates possible.
What to Expect
Marketing or mailing lists will never be perfect. Although each of our various third party compilers, goes to great lengths to frequently clean and update our databases, they will always contain a small number of undeliverable mailing addresses, out of date information and data errors that are beyond our control.
Consumer Mailing Lists – 92+% Deliverability/Accuracy
Business Mailing Lists – 88+% Deliverability/Accuracy
New Mover Mailing Lists – 93+% Deliverability/Accuracy
New Homeowner Mailing Lists – 93+% Deliverability/Accuracy
*Our third party compilers, guarantee these high deliverability and accuracy rates when you use your list within 30 days of purchase and address your mail appropriately & with accordance with USPS standards.
Our Data Source
Our third party compilers, mailing leads data are provided by leading and respected global information services company. They host the data on their own database servers using their proprietary systems to enable you to quickly and accurately find the potential customers you are looking for.
Data Quality Processes
As you can imagine, Our third party compilers, compilation process applies numerous Data Quality processes to their data. Here are some of those procedures:
Data Quality Processes
Our third party compilers, employs rigorous data testing including applying proprietary models and algorithms to ensure only the most deliverable addresses and accurate data elements are on the Database. Their confidence codes allow them to retain the most complete information and improve data quality.
New Data
New data is tested in a controlled environment using standard maintenance systems, syndicated research, licensed third-party software and numerous data quality routines. Each set of results is benchmarked against established data quality standards and U.S. norms.
Data Accuracy
Our third party compilers, runs specific tests designed to measure the accuracy of data items such as telephone number, homeowner status, dwelling unit size or age of primary decision maker. The range of tests include first class mailings, syndicated research matching, third-party telephone validation and electronic directory assistance.
Recency of Data
The recency of data is established for time sensitive variables and recorded as a date stamp on name/address records.
Data Quality
Both our third party compilers and Inmark Media, LLC/Waybetterpostcard.com, use licensed U.S. Postal Service (USPS) and commercial software to code and evaluate address records. They ensure that records include complete street name, pre/post directional, secondary address components (i.e. apt number or rural route), ZIP+4, and carrier route etc. Overall data quality checks are built into each product and maintenance cycle to ensure a continuous flow for the highest quality data. These include:
Process Control - standard routines and steps for processing updates, producing reports, editing data and disseminating status.
Statistical Quality Control - weekly runs that record and measure national frequencies and pattern distributions for over 150 variables by update and output exception reports for review and action.
Detail Level Measurement - comparison of a sample of update records at the name/address level and monitor changes applied through the update process.
Our third party compilers, periodically re-evaluates each source to ensure that original data standards are being followed. These processes include:
Licensed USPS Products - monthly source processing through postal products including National Change of Address (NCOA), Locatable Address Conversion System (LACS), Delivery Sequence File (DSF), etc.
First Class Mail Deliverability Testing - monthly sample name/address mailings designed to evaluate household mobility and completeness of address.
Electronic Directory Assistance - name/address lookups against up-to-date Regional Bell databases to confirm accuracy of name, address and telephone number.
Syndicated Research and Telephone Analysis - validation of data elements and recency through matching of records against syndicated research files and telephone validation.
Data Hygiene
On a monthly basis, Our third party compilers, data undergoes the most rigorous and thorough data hygiene routines of any compiled file on the market including:
The USPS National Change of Address (NCOA) file is a databank of more than 120 million permanent address changes, updated weekly and covering a rolling 36-month period of reported move information. NCOA identifies movers at the individual, family and business level. Our third party compilers, passes the Database against the NCOA file monthly to assure that they maintain the most current address on each consumer record.
The Locatable Address Conversion System (LACS) is a database of addresses that have been converted from non-standardized, rural-style addresses to standardized, city-style addresses when a community converts to 911 emergency service. LACS also detects addresses where a street has been renamed or additional information has been assigned to improve the accuracy of delivery.
Nixie Elimination Service (NES) identifies potential moves. This might be a move where no forwarding address has been identified or the name and address match did not meet the USPS threshold for NCOA matching. NCOA Nixies are not typically used for list sales.
The Delivery Sequence File (DSF) is the USPS listing of all deliverable addresses in the country. By utilizing it to identify fully deliverable vs. questionable addresses, they calculate new AQI address quality measures. The use of the DSF file ensures that the compilers provides only the most deliverable lists available on the market to our customers. It can also be used to identify potential fraud situations and addresses of particular current concern (i.e. Commercial Mail Receiving Agencies).
DO-NOT-CALL files are suppressed in accordance with all applicable state and federal laws.
Suppression files collected from the Direct Marketing Association, customer requests and proprietary files are suppressed during each update.
Data Quality Processes
Above and beyond the data quality processes applied by the compilers, Our third party compilers, also take care to check the quality of the data that they deliver.
On a monthly basis they take a random selection of the data provided by their compilers and apply thorough independent USPS tests to ensure that the data is accurate and up to date. These tests include: NCOA, CASS & DPV.
Refunds
Mailing lists, marketing list are not able to be returned or refunded once purchase has completed, regardless of whether the file is opened or not by customer.
List Rental Agreement
Inmark Media, LLC/Waybetterpostcard.com
List Management Rental Agreement
This List Rental Agreement (this “Agreement”), by and between List Renter (the party placing the Order and the party receiving the Order Confirmation) and Inmark Media, LLC/Waybetterpostcard.com, Inc. (“Inmark Media, LLC/Waybetterpostcard.com”), either directly or through its subsidiaries or affiliates, entered into and effective upon the date List Renter accepts the Agreement, (“Effective Date”), sets forth the terms and conditions governing the rental of the List from Inmark Media, LLC/Waybetterpostcard.com to List Renter. The parties hereby agree as follows:
1. This Agreement shall govern all List orders agreed to by Inmark Media, LLC/Waybetterpostcard.com and List Renter during the period beginning on the Effective Date and ending twelve (12) months thereafter (the “Term”).
2. Inmark Media, LLC/Waybetterpostcard.com shall provide the data selected by List Renter pursuant to the criteria specified on the applicable order (“List”) as best as possible. Each order may set forth additional details related to List Renter’s associated mailing.
3. Inmark Media, LLC/Waybetterpostcard.com will only accept online orders for mailing list(s). All orders and any additional fees must be paid in full, in checkout. List Renter upon, full payment received and all terms and condition agreed to will deliver the list to the list renter in no more than 3 business days.
4. List Renter acknowledges and agrees that unless specifically agreed to otherwise in the order, its use of the List shall be limited to a one-time use, for the purpose of direct mail marketing: (i) List Renter’s products or services; or (ii) products or services of List Renter’s customer (“Customer”) (the “Permitted Purpose”). The Permitted Purpose may further be limited to the specific product or service described in a creative sample or description to be submitted to Inmark Media, LLC/Waybetterpostcard.com in connection with each order, if requested. List Renter expressly agrees, represents and warrants that, subsequent to its receipt of Inmark Media, LLC/Waybetterpostcard.com’s approval of such sample, List Renter will not change, substitute, alter, add, delete, amend or otherwise modify such mailing in any fashion, except as set forth below. In the event List Renter makes any change to the sample after initial delivery, then List Renter shall provide Inmark Media, LLC/Waybetterpostcard.com with written notice of the change and the Parties shall agree in writing (email acceptable) memorializing the change to the sample prior to any mailing by List Renter or its mailhouse, subject to Inmark Media, LLC/Waybetterpostcard.com’s right to reject the sample in Inmark Media, LLC/Waybetterpostcard.com’s sole discretion. Inmark Media, LLC/Waybetterpostcard.com shall not be liable for any damages or loss arising from a change to the sample that was not mutually agreed upon by the Parties. List Renter agrees that in connection with its use of the List it will only use a third party service bureau with the approval of Inmark Media, LLC/Waybetterpostcard.com.
5. In the event Inmark Media, LLC/Waybetterpostcard.com performs email deployment on behalf of List Renter or Customer:
a. List Renter will provide to Inmark Media, LLC/Waybetterpostcard.com an opt-out suppression file (“Suppression File”) that includes all email addresses of individuals that have previously opted-out of receiving commercial electronic mail messages from you. The Suppression File will be de-duped against the mailing file. It is List Renter’s sole responsibility to ensure that the Suppression File is accurate and current as of the campaign transmission date. If List Renter elects not to, or otherwise fails to, provide Inmark Media, LLC/Waybetterpostcard.com a Suppression File, List Renter acknowledges that the failure to suppress from any email campaign the email address of an individual who has previously requested to not receive commercial electronic mail message from List Renter could result in a violation of the CAN-SPAM Act, and corresponding state and local laws, rules and regulations and you agree to indemnify, defend, and hold the List Owner(s) and Inmark Media, LLC/Waybetterpostcard.com harmless from and against any claims, demands, suits, causes of action, awards, judgments and liabilities arising out of or related to such failure to provide a Suppression File.
b. List Renter will include the physical postal address within the body copy of its email message.
c. List Renter will provide accurate and non-deceptive messages and subject lines.
d. In the event that Inmark Media, LLC/Waybetterpostcard.com provides opt-outs from any email campaigns utilizing the List(s), such opt-outs are provided for the sole purpose of updating your Suppression File. List Renter agrees not to sell, lease, exchange, or otherwise transfer, release, or disclose the e-mail addresses provided for any purpose other than suppression from List Renter’s and/or List Renter’s Customer’s future mailings.
6. List Renter acknowledges that the List has been and will be seeded to prevent any improper use of the List and List Renter shall not remove or take steps to discover such seeds. List Renter shall not use the List or any portion thereof for any purpose other than the Permitted Purpose. Said restrictions shall include but are not limited to:
a. Enhancing its house file or any other file by using the names, addresses or any other information, whether specific or inferred, obtained from the List.
b. Retaining the List for coding enhancements, analysis, or any other purpose.
c. Retaining change of address information on a List obtain prior to, or expressly for, a given mailing; nor may a List Renter, or its service organizations, employ an address correction request program on Lists for the purpose of retaining the information derived from the program.
d. Employing any method to detect decoy names on the List or alter or eliminate decoys from the List;
e. Adding telephone numbers to the List, nor use it for telephone solicitations, without prior permission from the Inmark Media, LLC/Waybetterpostcard.com.
f. Manipulating merge purge programs to give improper weight to any List.
g. Enhancing the List with additional information, other than standard merge purge match-coding, nor tag computer records with information related to or derived from the List.
h. Disclosing, transferring, duplicating, reproducing, or retaining in any form all or part of the List(s).
7. List Renter shall not, and shall cause it’s Customer, if any, to not, disclose the source of the List or identify Inmark Media, LLC/Waybetterpostcard.com in the mailing or any materials in any way except to the extent that such disclosure is legally required. List Renter shall ensure that its use and/or its Customer’s use of the List and any and all mailings made to the List, or any portion of the List, comply with all laws and all applicable federal, state, and local laws, statutes, rules, regulations, and ordinances, including but not limited to privacy, data protection, direct marketing, CAN-SPAM, Regulation (EU) 2016/679 (General Data Protection Regulation), 47 U.S.C. § 227 (the Telephone Consumer Protection Act), as well as any other relevant state “do-not-call” laws in effect in the home state of the individual contacted at the time of the call (collectively, “Applicable Law”). List Renter represents and warrants that it will at all times comply with highest industry standards in the direct mail advertising industry.
8. List Renter represents and warrants that its proposed materials, transmissions and content to be used with the List do not and will not contain any of the following: (i) unlawful, threatening, abusive, libelous, defamatory, pornographic, obscene, profane or otherwise objectionable information; (ii) information constituting or encouraging conduct that would violate any applicable federal, state, local or international laws or that would give rise to civil liability; (iii) information, materials, audio, graphics, code or software that infringes or violates any third party’s copyright, trademark or other intellectual property right; (iv) misleading or deceptive information or misrepresentation; (v) chain letters, illegal pyramid or similar schemes; or (vi) information that would imply endorsement, affiliation or sponsorship with any third party without written consent of such third party.
9. List Renter acknowledges and agrees that Inmark Media, LLC/Waybetterpostcard.com cannot and does not guarantee that any portion of the List is GDPR or CCPA compliant. It is the responsibility of List Renter to ensure any communications are GDPR and CCPA compliant. Inmark Media, LLC/Waybetterpostcard.com does not accept any liability for non-GDPR or TCPA compliant actions taken by List Renter or its Customer.
10. List Renter shall maintain and prominently post a privacy policy that complies with all Applicable Law.
11. List Renter shall use and maintain the List in compliance with all Applicable Law.
12. List Renter agrees that it does not and will not: (i) use the List as a factor in establishing an individual’s eligibility for credit, insurance, or employment, or in connection with flood eligibility criteria, credit repair or title insurance; (ii) use the List to engage in unfair, deceptive or illegal practices; (iii) unless approved by Inmark Media, LLC/Waybetterpostcard.com in writing, use the List to benchmark against other information; or (iv) share the List or any of its contents with a third party.
13. If, after the List has been sent to List Renter, or its designee, the List Renter uses, or causes its agents, employees, contractors or anyone else who shall be given access to the List(s) by the List Renter to use the List(s) contrary to any provision of this Agreement, the List Renter shall be held unconditionally responsible for any and all damages sustained by Inmark Media, LLC/Waybetterpostcard.com and the List Owner including, but not limited to, all costs and reasonable attorneys’ fees related to litigation. The List Renter also consents to the entry of an order enjoining any use of the List in violation of this Agreement to prevent further and continuing damages.
14. THE LIST IS PROVIDED ON AN “AS IS” BASIS AND Inmark Media, LLC/Waybetterpostcard.com HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES TO CLIENT OR TO ANY THIRD PARTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR RESULTS TO BE DERIVED FROM THE USE OF THE LIST. WITHOUT LIMITING THE GENERALITY OF THE IMMEDIATELY PRECEDING SENTENCE, NEITHER Inmark Media, LLC/Waybetterpostcard.com NOR ANY OF ITS THIRD-PARTY SUPPLIERS OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, COMPREHENSIVENESS OR COMPLETENESS OF THE LIST.
15. List Renter agrees to defend, indemnify and hold harmless Inmark Media, LLC/Waybetterpostcard.com, its affiliates, and its and their respective officers, directors, employees, agents, successors and assigns from and against any and all claims, actions, causes of action, suit, proceedings, damages, liabilities, losses, judgements, costs and expenses of any nature whatsoever (including, but not limited to, attorneys’ fees and expenses) however incurred, arising from, resulting from, relating to or based upon: (i) the use of any List by List Renter or any of its agents, employees, contractors, third party mail houses or list processors, or other third parties; (ii) any acts or omissions of List Renter or any of its agents, employees, contractors, third party mail houses or list processors, or other third parties; (iii) any offers, solicitations, communications, materials, goods, or products promoted or referenced on mailings to the List; or (iv) List Renter’s actual or alleged breach of this Agreement or violation of Applicable Law.
16. Inmark Media, LLC/Waybetterpostcard.com SHALL NOT BE LIABLE TO LIST RENTER OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES WHICH ARISE OUT OF THE PURCHASE, SALE AND/OR USE OF THE LIST OR ANY TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY OF SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS, DEFECTS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, WHETHER SUCH DAMAGES ARE ASSERTED IN AN ACTION BROUGHT IN CONTRACT, IN TORT OR PURSUANT TO SOME OTHER THEORY AND WHETHER THE POSSIBILITY OF SUCH DAMAGES WAS MADE KNOWN OR WAS FORESEEABLE. IN NO EVENT SHALL Inmark Media, LLC/Waybetterpostcard.com’S MAXIMUM AGGREGATE LIABILITY TO LIST RENTER UNDER ANY LEGAL THEORY FOR DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF THE PURCHASE, RENTAL, SALE AND/OR USE OF THE LIST OR ANY TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENT EXCEED THE ACTUAL AMOUNT PAID BY LIST RENTER TO Inmark Media, LLC/Waybetterpostcard.com UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE EVENT GIVING RISE TO THE FIRST CLAIM BY LIST RENTER UNDER THIS AGREEMENT.
17. It is understood and agreed that any violation of any terms of this Agreement by the List Renter will cause Inmark Media, LLC/Waybetterpostcard.com irreparable harm and damages, and that in the event of any breach by the List Renter, the List Renter shall pay to Inmark Media, LLC/Waybetterpostcard.com an amount equal to ten times (10x) the rental rate of the List as liquidated damages, together with all costs and expenses associated with any litigation relating to such breach, including, but not limited to, attorney’s fees and court costs. The List Renter shall pay such liquidated damages on demand.
18. List Renter shall ensure that any mail house, list processor, or other third party that has received the List pursuant to this Agreement irretrievably purges and deletes the List from its systems within fifteen (15) days after the mailing has been sent. List Renter shall cause all of its affiliates and all mail houses, list processors, and other third parties, including Customers, that receive or process the List pursuant to this Agreement to comply with all of List Renter’s obligations under this Agreement. List Renter will be liable for any breach of this Agreement by, or caused by, any such affiliate mail house, list processor, Customer or other third party.
19. List Renter may not assign any rights granted hereunder, and any such assignment without Inmark Media, LLC/Waybetterpostcard.com’s prior written approval shall be null and void.
20. List Renter agrees and acknowledges that Inmark Media, LLC/Waybetterpostcard.com acts only on behalf of the list owner, for the sole purpose of any orders hereunder. The List Renter agrees that all payments are to be made and remitted to Inmark Media, LLC/Waybetterpostcard.com.
21. List Renter expressly agrees that it will not knowingly sell or otherwise distribute any information about children contained in any List for any purpose without the prior written consent of Inmark Media, LLC/Waybetterpostcard.com.
22. To the extent that a provision of this Agreement conflicts with any other prior or contemporaneous written or oral agreements or communications or click-through, shrink wrap, browse-wrap or other online terms, the terms of this Agreement shall supersede and govern.
23. Inmark Media, LLC/Waybetterpostcard.com shall not be liable for any damages or loss arising from, any non authorized use of the mailing list or marketing list.
24. This Agreement cannot be modified to any extent except in writing signed by both parties hereto and shall be governed by the laws of the state of Maryland - USA.
14. Applicable Laws
WBP -( Inmark Media, LLC. / Waybetterpostcard.com / Affiliated Websites (Portals))
operate the Site from its offices in Maryland and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject WBP to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of Maryland as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in Montgomery County, Maryland and any action brought in connection with the Site or Site content shall be brought in either the state or federal courts in Montgomery County, Maryland. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to WBP or any of its officers, employees, agents or representatives, such as where notice to WBP is required by contract, or any federal, state or local laws, rules or regulations.