OFFERS2OWNERS.com Terms of Service Disclaimer
The following agreement is between OFFERS2OWNERS of 8390 Via de Ventura, Suite F110-254, Scottsdale, AZ 85258 and You (“client”)
WHEREAS, OFFERS2OWNERS is a value-added printing and mailing company, providing a variety of printing, mailing and data management tools both over the Internet (“Online”) and offline to its clients;
WHEREAS, Client seeks to utilize OFFERS2OWNERS via the Internet for its own purposes;
WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, OFFERS2OWNERS can make no guarantee that any given user shall be able to access OFFERS2OWNERS’s servers at any given time. OFFERS2OWNERS represents that it shall make every good faith effort to ensure that its servers are available as widely as possible and with as little service interruption as possible;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows;
Term: This agreement shall last for a period of one year from beginning with the date of the first use of OFFERS2OWNERS’s services once the provisions of “Acceptance of Terms” have been met and shall continue from year to year thereafter.
Acceptance of Terms: To obtain full access to the OFFERS2OWNERS Inc. website and services, you must read the terms and conditions of service set forth below herein and agree to be legally bound by the obligations imposed on you in this Service Agreement. By clicking the “Login” button (on the Login page), you accept the terms and conditions of this Agreement. We may amend this Agreement by posting the changes on our website, these changes will be effective 10 days after being posted.
OFFERS2OWNERS is a Tool for Printing & Mailing Documents: You are solely responsible for and assume all liability arising from all data and documents that you and any other person using your User ID and password process using the OFFERS2OWNERS website. If you or a third party notifies us of a problem document, or if we become aware of a problem document created by you, we may review the document and take any action with respect to the document that we deem necessary in our sole discretion, including, but not limited to, refusing to mail the document. The fact that we may review a document and allow the document to be mailed does not mean that: (1) we approve or endorse the content of the document, (2) the document complies with all applicable laws, or (3) you will not incur any liability or harm arising from the document.
Customer is Responsible For Delivering Data: OFFERS2OWNERS’s customers are solely responsible for determining what customers are to receive mailings and for extracting that data from their system and delivering that data in the proper format. OFFERS2OWNERS customers are solely responsible for determining the timing of data file delivery to OFFERS2OWNERS.
Data Processing Parameters: OFFERS2OWNERS promises to process on demand, all data received via its website upload process within 24 hours of your approval, or the next business day if submitted on a weekend or holiday. All data that OFFERS2OWNERS receives is rendered into a “PDF” file and then delivered via “Standard Mail”.
Data Processing Checks & Balances Process: To insure that 100% of the data received is completely and properly processed, OFFERS2OWNERS employs multiple checks and balances in its processing methodology. Notwithstanding the normal checking process employed by OFFERS2OWNERS, the customer is required to validate the quantity of records and review an appropriate quantity of document records for accuracy and completeness. Once the customer has reviewed and approved the data and document records and clicks “confirm” OFFERS2OWNERS will begin processing, printing and/or mailing as agreed upon for the specific mailing job being uploaded. After processing/mailing is complete, OFFERS2OWNERS delivers a notice to indicate the mailing date and time.
Return Address on Your Statement: You are required to use a valid return address on every document that you create on, or upload to, the OFFERS2OWNERS website. OFFERS2OWNERS will not print an order without a return address. It is a breach of U.S. Postal Regulations to show a false return address on mail.
Your Content & Information: All information, (“DATA”) you upload using the OFFERS2OWNERS website is solely your responsibility. You must evaluate and bear all risks associated with the use of any of your DATA and mailing of your document or other material. You represent and warrant to OFFERS2OWNERS that you and your authorized users have the full right, power, and authority to perform any function with relation to this DATA.
You Will Comply with All Laws: When you use the OFFERS2OWNERS website in any way such as ordering the creation, printing, emailing, faxing or electronic presentation on a website and mailing of documents or other information, you will comply at all times with all applicable United States federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.
Service Guarantee: OFFERS2OWNERS promises to make reasonable commercial efforts to process all data received within its service standards. The OFFERS2OWNERS system will send a service invoice via email. This invoice will serve as a notification of computer processing completion, following every job. OFFERS2OWNERS promises to make all reasonable commercial efforts to insure website and service access. OFFERS2OWNERS will not be liable for any anticipated or unanticipated outages, loss of data or interruption of service. – see Limitation of Liability
Pricing: Pricing for OFFERS2OWNERS’s various services are listed on the service invoices and are subject to change at any time. Prices may change for any reason, or no reason, and will certainly change in the event of a US Postal Service postage rate increase which impacts OFFERS2OWNERS’s products and services.
Payment Terms: Billing for services will be on a job-by-job basis. Payment will be due immediately. Service charges may be levied for late payments – see OFFERS2OWNERS service invoice for details. Website access, data access and processing may be suspended at any time that any payment is more than 15 days late.
OFFERS2OWNERS May Cooperate with Third Parties: You authorize OFFERS2OWNERS and its vendors and contractors to cooperate with the U.S. Postal Service and any U.S. or non-U.S. law enforcement or governmental agency, which cooperation includes, but is not limited to, OFFERS2OWNERS voluntarily disclosing (i.e. without being subject to a lawful order to disclose) to the U.S. Postal Service, and any U.S. or non-U.S. law enforcement and/or governmental agency any or all of your information, data and documents.
Third Party Customer Information: As part of any number of our services, you will be uploading customer data, as well as, marketing communications, creative materials and documents to us for processing. OFFERS2OWNERS understands that full ownership of the data files and creative materials provided by our clients will remain the exclusive property, including all rights thereof, of the rightful owners of such data and materials. We agree to process the data provided by our clients, for the sole purpose of providing them with data processing and printing services. OFFERS2OWNERS agrees not to use said data for any additional purpose, and also agrees not to disclose your customer’s data to any other organization or individual in any manner that would be outside of the scope of the requested services, except as has been otherwise noted in this agreement.
Third Party Data and Data in the Aggregate: OFFERS2OWNERS may disclose aggregated user statistics to describe our services to prospective customers, potential partners or acquirers and or other third parties for other lawful purposes.
Business Transfers: As we continue to develop our business, we might sell or buy businesses or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the unlikely event that OFFERS2OWNERS, or substantially all of its assets are acquired, customer information will of course be one of the transferred assets.
Other: OFFERS2OWNERS may also disclose user account and other information in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating OFFERS2OWNERS’s Service Agreement or may be causing injury to or interference with (either intentionally or unintentionally) OFFERS2OWNERS’s rights or property, other OFFERS2OWNERS’s users, or anyone else that could be harmed by such activities. OFFERS2OWNERS may disclose or access account information and other information when we believe in good faith that the law requires it and for administrative and other purposes that we deem necessary to maintain, service, and improve our products and services.
THE SECURITY PRECAUTIONS YOU SHOULD TAKE TO PREVENT YOUR ACCOUNT INFORMATION AND DATA FROM BEING LOST, MISUSED, OR ALTERED You should implement sound and consistent internal controls regarding general IT system access and system usage. Your OFFERS2OWNERS account information is password-protected so that your staff may have access to the account. We recommend that you do not divulge your password to anyone. OFFERS2OWNERS will never ask you for your password in an unsolicited phone call or in an unsolicited email. Also remember to sign out of your OFFERS2OWNERS account and close your browser window when you have finished your work. This is to ensure that others cannot access your account if you share a computer with someone else or are using a computer in a public place like a library or Internet café. OFFERS2OWNERS promises to secure your data with its sole definition of commonly practiced and reasonable commercial methods. You should avoid emailing data files and instead use our secure web portal to transfer DATA. You should have controls in place to restrict access to the secure web portal that is used to transmit DATA to OFFERS2OWNERS to only authorized individuals. Controls should include the timely removal of user accounts upon termination or when an individual’s access is no longer required or if authentication credentials have been compromised.
Indemnity: You will indemnify and hold OFFERS2OWNERS, Inc., and its subsidiaries, affiliates, officers, shareholders, employees, agents, printers, contractors, vendors, co-branders, suppliers, internet service providers, and partners harmless from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys’ fees, due to or arising out of your information, your content, your use of this website, the use of this website by any person who uses this website while logged on under your user name and password, documents mailed using your user name and password, your default under any provision in this User Agreement, your violation of any laws and your violation of any rights of another person.
Agreement Termination: Notwithstanding anything contained to the contrary herein, either party hereto may terminate this agreement for any reason or no reason, with or without cause, by providing 30 days prior written notice to the other of its intention to so terminate this agreement. OFFERS2OWNERS will not be liable to Client or any third-party for any suspension or termination of its services, Client’s access to this website, service or Client’s Content.
After Agreement Termination: OFFERS2OWNERS in its sole discretion and without notice to you, will: (1) terminate your access, your customers’ access and any other third party’s access to OFFERS2OWNERS’s websites or their use of any feature of its websites, (2) remove and discard all of your Information and DATA stored on the website. OFFERS2OWNERS will not be liable to you, your customer or any third-party for any suspension or termination of your access to these websites, your DATA or other information.
Links: This website may provide, or third parties may provide, links to other World Wide Web sites or resources. OFFERS2OWNERS is not responsible for the availability of any external sites or resources to which we hyperlink (“Linked Sites”), and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from Linked Sites. OFFERS2OWNERS will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Sites.
OFFERS2OWNERS Proprietary Rights: This website and any necessary software used in connection with it (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you on this website may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by OFFERS2OWNERS or its advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on this website or the Software, in whole or in part. OFFERS2OWNERS grants you a non-transferable and non-exclusive right and license to use the object code of its Software on your computers provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
Limitation of Liability: OFFERS2OWNERS will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OFFERS2OWNERS has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use this website; (2) the cost of procuring substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on this website; or (5) any other matter relating to OFFERS2OWNERS’s websites. Our liability and the liability of our printers, suppliers, contractors and vendors, to you or any third parties in any circumstance is limited to the lesser of (1) the amount of fees you pay to us in the 12 months before the action giving rise to liability, or (2) $1000.
Notice: Notices from us to you and from you to us may be given by either email or regular mail. Notice is deemed given 24 hours after an email is sent, unless the sending party is notified that the email address is invalid. If we use the U.S. mail to send you a notice, the notice will be deemed given 3 days after the date of mailing.
General Information: No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. This Service Agreement and the agreements incorporated herein are the entire agreements between you and OFFERS2OWNERS and governs your use of this website. This User Agreement supersedes any prior agreements between you and OFFERS2OWNERS. You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. The User Agreement and the relationship between you and OFFERS2OWNERS will be governed by the laws of the State of Arizona without regard to its conflict of law provisions. You and OFFERS2OWNERS agree to submit to the personal and exclusive jurisdiction of the courts located in Maricopa County, Arizona. The failure of a party to exercise or enforce any right or provision of this User Agreement will not constitute a waiver of the right or provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.