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| TERMS OF CONTRACT: All
contracts are for a minimum of 1 (one) year. After initial
year, contract will automatically be renewed on a month to
month basis and continued until cancelled with 30 days written
notice from contractor. Cancellations must be submitted via
certified mail to BetterMail.biz, 1019 Old Monrovia Rd –
Suite 188 – Huntsville, Al 35906. In the event you have
entered an invalid address on the Neighborhood / Radius entry
URL, the job may not be fulfilled and you will not be charged
for that job. If you do not obtain permission from the customer
to use their information in the mail piece, do not submit
that job to us for fulfillment! |
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Use of Software:
Any and all software is made available
by BetterMail.biz for you to use solely in accordance
with the Terms of Use. You may not reproduce, modify,
distribute, or otherwise make available the software to
any third party. Further, you may not use the software
in a service bureau or other similar manner for the benefit
of any third party. Any use of the software not in accordance
with the TOU is expressly prohibited by law, and may result
in severe civil and criminal penalties. Violators will
be prosecuted to the maximum extent possible. Without
limiting the foregoing, copying or reproduction of the
software to any other server or location for further use,
reproduction, or redistribution is expressly prohibited. |
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Disclaimers; Liability:
Although BetterMail.biz believes
that the Site, the Content, and the Services are reliable
and fully available, BetterMail.biz makes no guarantees
with respect to any of the foregoing. Consequently, THE
SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES
ARE PROVIDED "AS IS" AND BetterMail.biz HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO
THE SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES,
INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY
(WHETHER EXPRESS, IMPLIED, OR STATUTORY), FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FURTHER, BetterMail.biz DOES NOT WARRANT, GUARANTEE, OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS
OF THE USE OF THE SITE OR THE SERVICES IN TERMS OF CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT
THAT THE OPERATION OF THE SITE, THE SERVICES, OR ANY OF
THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. BetterMail.biz
EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN.
To the maximum extent permitted by applicable law, in
no event shall BetterMail.biz (including its directors,
officers, employees, and agents) be 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 the Site, the Services, or any of the software)
even if BetterMail.biz has 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 BetterMail.biz liability to you for any
matter arising under or relating to your use of the Site,
the Content, or the Services exceed the total amount you
paid to BetterMail.biz with respect to the particular
Services giving rise to the claim. |
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User Information: As
part of your use of the Site, you may provide certain
information to BetterMail.biz or other users of the Site.
Except for applicable credit card and related information,
any information or material you transmit to the Site or
otherwise provide to BetterMail.biz is considered non-confidential
and non-proprietary and BetterMail.biz has no obligations
of confidentiality with respect to the same. You agree
that the party receiving that information can rely upon
and use such information in any manner. You acknowledge
and agree that you are solely responsible for the accuracy
and content of all information provided by you. |
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Billing: When
you place an order or enroll for services that require
payment, you may be prompted for credit card information.
Financial transactions will be recorded in your online
account. Your Login ID and Password provides you with
access to your account and your confidential information.
You are entirely responsible for maintaining the confidentiality
of your Login ID, Password and account. Furthermore, you
are entirely responsible for any and all activities that
occur under your account. You agree to notify us immediately
of any unauthorized use of your account or any other breach
of security. BetterMail.biz will not be liable for any
loss that you may incur as a result of someone else using
your password or account, either with or without your
knowledge. However, you could be held liable for losses
incurred by BetterMail.biz or another party due to someone
else using your account or password. You may not use anyone
else's account at any time, without the permission of
the account holder. Orders are billed according to arrangements
determined by your enrollment and/or company mailing program.
Your credit card will be billed for any charges that are
your responsibility. BetterMail.biz makes every effort
to ensure accurate pricing, but pricing errors may occur.
By submitting an enrollment or order you agree to pay
the price in effect for the applicable Service you are
ordering. For pricing questions please contact us within
60 days of the applicable enrollment or order placement.
Please review your order information carefully before
placing your order. Once placed, orders cannot be changed
or cancelled.
Customer agrees to hold BetterMail.biz harmless from any
loss incurred as a result of this program. BetterMail.biz
shall not be liable for any consequential damages or loss
of potential business and total liability shall not be
greater than the amount paid to BetterMail.biz for the
neighborhood / radius marketing program. Customer’s
sign-off on the final proof indicates they have received
all appropriate permission to use any an all graphics
and logos in their mail piece and indemnify BetterMail.biz
from any liability including that related to copyright,
trademark, privacy, etc. |
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Limitation of Liability.
IN NO EVENT SHALL EITHER PARTY OR ANY
OF THEIR OFFICERS, DIRECTORS OR MANAGERS, EMPLOYEES, SHAREHOLDERS
OR MEMBERS, OR REPRESENTATIVES BE LIABLE TO THE OTHER PARTY
OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSS OF GOODWILL IN ANY
WAY RELATING TO THIS AGREEMENT OR THE STATEMENT OF WORK OR THE
PERFORMANCE OR NONPERFORMANCE OF ANY SERVICES, INCLUDING THE
FAILURE OF ESSENTIAL PURPOSE, EVEN IF SUCH PARTY HAS BEEN NOTIFIED
OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING,
AND WHETHER SUCH LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, PRODUCTS LIABILITY OR OTHERWISE. |
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