Send360 Terms and Conditions - Last Updated 5/30/2021####Thank you for visiting Send360. We are MediaDynamX INC, a California Corporation doing business as Send360, and we will be referred to further in this document as "we", "us", or "our". These Terms and Conditions are effective for all websites, partner portals, products, and services owned, operated or offered by Send360. ####This Terms and Conditions document is a general agreement between Send360 and users of our websites, products, or services. By using our websites, products, or services you are agreeing to the Terms and Conditions detailed here. Please review the Terms and Conditions specified here and the Privacy Policy before you use our website, products or services. If you do not agree to or accept our Terms and Conditions, please do not use our website, products, or services. The Terms and Conditions explained here can be subject to change without prior notice and solely at our discretion based on emerging technologies, business practices, and customer needs. ####The Terms and Conditions explained in this document include but are not limited to the following:####Copyright####All content including but not limited to text, graphics, logos, icons, images, online tools and software in all websites, partner portals, products, and services that fall under Send360's domain are the property of Send360 and are protected by the United States Copyright laws and other relevant Intellectual Property laws. ####Our Services####Send360 provides services including but not limited to PDF Creation, Template Customization, Address File Creation through our tools and through third party service providers, Address Validation, Address Updating using NCOALink, Proofing, Printing, Bindery, Online, Phone, and Email Support, Direct Mail Campaigns through the US Post Office, and Shipping through the service provider UPS. These services are available through our website or through our partner portals and we authorize you to use all our services, provided you consent to our Terms and Conditions. If you breach any of our Terms and Conditions while using our services, your authorization to use our services will be immediately terminated and you must immediately destroy any of the content you have created, downloaded or obtained otherwise. Please note that we do not make any representation or guarantee as to the results you might obtain while using our services, including services offered by third parties. We are not responsible for the correctness of addresses provided by our third party address providers or delays in delivery by the United States Postal Service (USPS) or United Parcel Service (UPS). ####Our Online Tools and Software####All online tools and software including but not limited to our Public Template Library, PDF Converter, Address Validation Tool, Print and Address File Manager, Media File Manager, Salesforce.com integration, and Order Wizard, are made available for your use solely in accordance with our Terms and Conditions. You may not reproduce, modify, distribute, or otherwise make this software available to any third party or unauthorized websites. The law strictly prohibits any usage of our online tools or software not in accordance with our Terms and Conditions and any illegal use may result in severe civil and criminal penalties. All violators of our Terms and Conditions with respect to our online tools and software will be prosecuted to the fullest extent possible. ##Processing of User, Billing, Address and Shipping Information##As a part of signing up on our website or partner portals, you are required to provide a unique, valid and currently used email address and a password. This information will be used as specified in the Privacy Policy. You are solely responsible for the accuracy of the information you provide and also for keeping your password secure. ####To place Orders and to use certain services, you are required to provide your Billing information. Your billing information will be kept strictly confidential as explained in our Privacy Policy. You are solely responsible with providing us with valid and current Billing Information. We reserve the right not to produce your order or offer our services if you provide invalid Billing Information. You are entirely responsible for all activities that occur under your account and you must agree to notify us immediately of any unauthorized usage of your account or any other breach of security. We will not be held liable for any loss incurred as a result of someone else using your password or account, with or without your knowledge. You could be held liable for any losses incurred by us or any relevant third party as a result of someone else using your account. You may not use anyone else's account at any time, without the express permission of the account holder. We make every effort to ensure accurate pricing, however due to unforeseen circumstances, pricing errors may occur. By submitting an Order or using our services, you are agreeing to pay the price relevant to the Order of the Service. Please review your Order carefully before you submit it and if you have any pricing questions, please contact us immediately. ####For purposes of mailing or shipping your Orders through the USPS or UPS, you are required to provide Address Files and Shipping Address. This will be passed on to the relevant third party essential for the service rendered and will be used strictly under the conditions explained in the Privacy Policy. USPS mailing standards for automated mail classes require any addresses that do not contain "Or Current Resident" or "Or Current Occupant" to be compliant with Move Update requirements. Addresses will be run through a USPS database which will update any address where the person has filed a Change of Address form with the USPS. ####Order Dispute and Resolution Policy####We will complete your order in accordance with industry-wide trade standards for color and registration and according to the parameters defined in your order request and as outlined on our website. Customers are advised to confirm their orders by reviewing all order details, online proofs, and related Print and (or) Address Files during the "Approve Proof" and Invoice steps of the ordering process and by reviewing the Order Confirmation Email sent to the email address indicated in the Ordering parties User Profile record. Due to the highly automated processes incorporated in the fulfillment of your order, any changes required to an order must be communicated to Send360 within 1 hour after Order submission by email at support@Send360.com, or – if more than one hour after submission - by personal telephone contact (1-866-799-4773 x102) during our normal business hours, 8:00 AM - 5:00 PM, Monday - Friday, Pacific Time, as soon as possible (except holidays). Any changes to an order can result in delays in the fulfillment of your order. Orders that have been printed cannot be changed or canceled and will be billed as ordered. ####Order Delivery####Except where agreed between us in an SLA, SOW or other written agreement, Send360 makes no expressed guarantees in meeting the turnaround timeframes stated on our website or quoted by personnel. We operate on a Monday - Friday schedule and generally fulfill print-ready orders within 2-3 business days following the Order submission date. Send360 attempts to meet these same turnaround times on orders that encounter delays in processing resulting from incorrect art/file specifications or design problems. However, our turnaround timeframe begins when the final "problem" has been addressed by the customer. Send360 uses third-party service providers to deliver your order and is not liable for delivery problems caused by these providers. These providers include, but are not limited to The United States Postal Service (USPS) and United Parcel Service (UPS). Orders delivered through UPS are shipped based on which delivery method you select when ordering( such as Ground, 2 Day Air, etc.). UPS will deliver your order to the address identified as "Shipping Recipient" on your order. UPS delivers first to business addresses, followed by residential deliveries. The customer is responsible for checking all UPS shipments for damages upon delivery. Damaged shipments should be reported to the driver at the time of delivery and refused. Please call our Customer Support at 1-866-799-4773 x102 to report any such damages. Send360 is not responsible for any damage to orders caused by delivery providers that are not reported to the delivery provider at the time of delivery. First-Class™ or Standard (Bulk) Mailing orders are deposited into the USPS mail stream, after which they become the responsibility of the USPS. These mailings are addressed with the addresses provided in your address file(s). USPS delivery standards on First-Class™ mail are one (1) to five (5) business days and three (3) to twenty-one (21) business days for Standard (Bulk) Mail, depending on distance from the originating post office. Customers are encouraged to request a “seed card” be mailed to them during the ordering process. When you place your Order, you agree that our delivery to the USPS fulfills our Order fulfillment requirements, and serves as Signed and Accepted Order Delivery, after which you waive any right to dispute any related Order credit card charges because of failed delivery by the USPS. ####Color Matching, Proofing, and Alterations####Send360 does not perform "color matching". Our network of commercial printers utilizes the process colors CMYK (cyan, magenta yellow and black) to compose all colors. Be certain to design your product using CMYK. Product components submitted utilizing the color pallet RGB (red, green, blue) can result in unsatisfactory shifts in colors. At no cost, you will be provided a JPG and (or) PDF proof on our web site to verify typographical and template customization entries, treatment of uploaded images and other layout details. You also have the option of ordering a shipped proof to verify that color closely matches your expectations. We will not run the proofed component until we have received approval from you. You can cancel the order before granting proof approval should you desire to make a change to the component, but will be charged for the shipped proof. Should you find the color on the proof to not match, our Technical Support staff is available to assist you in more closely matching to your desired color. Send360 will not be held liable for orders consisting of components that are submitted not in accordance with our file or design specifications for color, layout, bleed, margins, font embedding, file flattening, etc. We can provide a printed proof of your custom artwork in a timely manner, at a reasonable cost and we encourage our customers to order proofs of all products they are not familiar with as this will ensure that your expectations are fully met. Printed, shipped proofs are cut to finished size and must be reviewed by the customer for proper margins and/or adherence to design specifications and approved or disapproved using by email or return fax. ####Send360 will not review your print files for spelling, design layouts excluding top bleed and margin requirements), color space (RGB or CMYK), nor do we compare your provided PDF colors as displayed on a monitor to printed output for matching. Send360 will not be responsible for any layout or unexpected print quality or color issues on a project that has not been proofed by the customer by means of printed proof, nor will we be responsible for any issues if the only "proofing" was viewing the online JPG and/or PDF. We will not be responsible for incorrect layouts or color issues introduced from third party graphic designers. We offer training and assistance in utilizing all of our online tools, meeting file requirements and developing successful direct marketing campaigns. We reserve the right to change paper base stocks, without prior notification. ####Order Cancellation####Orders can only be cancelled by email within one hour of submission, at support@Send360.com. After one hour beyond submission, Orders can only be cancelled by direct telephone call to our Customer Support Department during our normal business hours (Monday - Friday 8:00 AM - 5:00 PM, excluding holidays). Orders that have been batched or have begun printing will be billed as completed. Due to our rapid turn-around period, Credit or debit cards used as payment on orders are billed for the Order amount on submission. Upon request and only with prior approval from us, you may be billed periodically via emailed invoice instead of paying by credit or debit card. To request a credit application, contact sales@Send360.com.####Should you feel your order was not completed as requested, yet have submitted your order according to our file and design specifications, we offer two types of resolutions: ####1. REPLACEMENT OF DEFECTIVE MERCHANDISE##If you find an error introduced by us, we will reprint it from your original file. This does not cover customer initiated errors such as but not limited to incorrect art, low resolution photography, content errors or order parameters not defined on the order, so be sure to check your proof and order parameters carefully. Follow the steps below for replacing defective merchandise (see Order Delivery above for important shipping damage information and additional requirements):##• Contact our Customer Support Department at 1-866-799-4773 x121 within 30 days of the invoice date.##• Any invoice older than 30 days will not be eligible for replacement.##• If an error was introduced by Send360 on mailed orders, we will reprint and mail the order correctly, using your original file(s).##2. REFUND##• Contact our Customer Service Department at 1-866-799-4773 x102 within 30 days of the invoice date.##• We will not provide refunds on items returned after 30 days nor for delays in order fulfillment due to circumstances beyond our control, such as natural disasters, acts of god or war and/or delays introduced by third-party suppliers or shippers.##• Please allow 2-4 weeks for refunds to be processed and credited to your account.##Links to Other Sites####Site Administration####We make no representation that our websites, products, or services are appropriate or available for use outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export the materials found on our websites, products, services or any copy or adaptation in violation of any applicable laws or regulations (including U.S. export laws and regulations). If you choose to access our websites, products, or services from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws. ##Modifications to the Websites, Products, or Services##We reserve the sole right, for any reason, with or without notice to (i) terminate, change, suspend, or discontinue any aspect of our website, products, or services or in its entirety including features, hours of operation and availability, and (ii) impose limits on certain or all features of our websites, products, and services, or restrict your access to a part or all of our websites, products, and services. All or part of our websites, products, or services can be subject to change with or without prior notice and solely at our discretion based on emerging technologies, business practices, and customer needs. ####Refusal of Service####We hold the sole right to be the arbiter of what is and what is not a violation of our Privacy Policy and Terms and Conditions. We reserve the right to refuse service to, or terminate the Order of any user, for any reason, at our sole discretion. We also reserve the right at our sole discretion to require proof that you are authorized to distribute the content developed using our websites, products, or services. Reasons we may refuse or terminate orders include, but are not limited to:##• If we believe that the conduct of any user violates any applicable law##• If we find materials supplied for printing are offensive or inappropriate, including but not limited to: Advertisements for items or services not legal for sale in the United States; Infringement of copyright of other websites, products, or services; Plagiarism of copyrighted material including but not limited to slogans, logos, website content; Pornography, obscene or patently offensive text or images; Racist, ethnic, or hate material; Materials advocating sedition, treason, or the overthrow of the US Government.##• If any of our users engage in any behavior that we feel is detrimental to our services, then we reserve the right to terminate that user's order immediately.####Indemnification####You shall indemnify, defend, and hold us, our officers, directors, employees, and agents harmless from and against any and all claims, losses, damages, liabilities, judgments, and fees and expenses related thereto (including attorneys' fees), arising out of, based upon, or resulting from, any breach or violation by you of our Terms and Conditions or any use by you of our website, products, and services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In no event, however, shall you settle or otherwise dispose of any such matter without our prior written consent. ####Disclaimers and Liabilities####Although we believe that our websites, products, and services are reliable and fully available, we make no guarantees with respect to any content on the website, or our products or services. Consequently our websites, content of the website, products, and services are provided "As Is" and we hereby disclaim all warranties and conditions with regard to our websites, products, and services. Further we do not warrant, guarantee, or make any representations regarding the use of or the results of the use of our websites, products, or services in terms of correctness, accuracy, reliability, or otherwise and do not warrant that the operation of the website, products, or services, will be uninterrupted, or error free. We expressly disclaim any warranties not stated herein. To the maximum extent permitted by applicable law, in no event shall we be held liable for any damages (including any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use our website, products, or services) even if we have been advised of the possibility of such damages. You acknowledge that the applicable fees and prices reflect this allocation of risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable for any reason, then in no event shall we be liable to you for any matter arising under or relating to your use of our websites, products, or services that exceed the total amount you paid us with respect to the particular Order or Service giving rise to the claim. ####General Provisions####These Terms and Conditions comprise the entire agreement between you and us and supersede all prior agreements between the parties, regarding the subject matter contained herein. If you become dissatisfied with our website, products, or services in any way, your sole recourse is to immediately discontinue use of the same. If any provision of our Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of such provision and the remainder of our Terms and Conditions shall continue in full force and effect. Our failure to exercise or enforce any rights or provisions of our Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of, or related to, our websites, products, or services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws, all matters arising hereunder shall be exclusively held in San Diego County, California, and you agree to the exclusive jurisdiction of the state and federal courts located in San Diego County, California. All provisions in our Terms and Conditions regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of our Terms and Conditions or your use of our website, products, or services. Where the context so indicates, a word in the singular form shall include the plural, a word in the masculine form the feminine, and vice-versa. The term "include" and similar terms (e.g., includes, including, included, comprises, comprising, such as, e.g., for example), when used as part of a phrase including one or more specific items, are used by way of example and not of limitation. ####Contact Information####By using our web site, or using any of our other products and services, you agree to our Privacy Policy and the terms and conditions detailed in this Terms and Conditions document. ####Please contact us at support@Send360.com if you have any comments, questions or concerns regarding our Terms and Conditions and (or) our Privacy Policy. We may also be contacted by phone at 866.799.4773, or by US Mail at 315 S Coast Highway 101, #U41, Encinitas, CA 92024.
