User Contract

Service is provided by Inmark Media, LLC. / Waybetterpostcard.com

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 (INMARK) and all of our affiliates, 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. INMARK 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 Inmark 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:
INMARK reserves the right to refuse to print any material that INMARK 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 INMARK on any job that is denied for the reasons described in this paragraph.

Color

All cards are placed on our printing press with other jobs or “gang printed”. INMARK 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 65-90% of the original image you submit. INMARK 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 INMARK’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 INMARK’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, INMARK strongly suggests that you mail a hard copy of the original order for an accurate color review. Also, if your order is color critical, INMARK strongly suggests you purchase a hard copy color proof from INMARK.

2. Payment

The fees for INMARK 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. INMARK requires pre-payment on all orders with the exception of certain customers pre-approved for Credit Terms. INMARK 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 INMARK, 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 INMARK deems acceptable.

Sales Tax Policy

INMARK is required to collect sales tax on all orders. If your order qualifies for sales tax exemption in accordance with Maryland Sales & Use Tax Regulations you must provide INMARK 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 INMARK 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. Quoted Production Times start only after INMARK receives final approval of your layout and summary of printing charges with no further changes per INMARK’s Approval Form. INMARK 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. 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 INMARK 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. INMARK is not liable for damage caused by any service carrier. Carrier claims are limited to $25. INMARK 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 INMARK’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 INMARK 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 INMARK. 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 INMARK, 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 INMARK for its products and services. In no event will INMARK 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 INMARK. You hereby waive any Statute of Limitations to the contrary.

5. Ownership & Limited Use

By placing an order with INMARK, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with INMARK and; (ii) are authorizing INMARK to print such order on your behalf. Any images/graphics, text or other materials supplied to INMARK by the customer will remain sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to INMARK. However, any additional materials created by INMARK 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 INMARK. Digital files of an INMARK assembled layout can be obtained upon customer’s written request and by payment of the applicable fee for such files. These materials will NOT be sold or traded to any other party.

In the event INMARK has purchased images on your behalf for use in your layout 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 INMARK) without repurchasing the image for this additional use.
INMARK reserves the right to reprint and distribute your finished cards as examples of INMARK postcard products for any and all promotional purposes. This promotional distribution may include but is not limited to INMARK’s collateral marketing materials, website, affiliates’ websites, affiliate programs, INMARK catalogs, catalogs of others, emails, and any other marketing in any medium that INMARK may employ as necessary.

6. Mailing Services & Mail Delivery

When utilizing our Mailing Services, INMARK 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 INMARK be liable for special, incidental, or consequential damages of any kind. INMARK’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. INMARK shall not be liable for USPS performance failures or delivery delays. INMARK accepts no responsibility for any additional services performed outside of INMARK, including but not limited to additional ink jetting, printed materials, bindery or mail delivery services. Any remaining customer cards not mailed through INMARK 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)

INMARK agrees to maintain the safekeeping and protection of customer’s mailing list(s). A customer’s mailing list(s), while in the possession of INMARK, is the exclusive property of the customer and shall be used only with customer’s instructions. It is customer’s or customer’s list vendor’s responsibility to maintain a duplicate copy of its mailing list. INMARK 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.

Duplicate Removal

Unless otherwise instructed, INMARK will not 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. INMARK assumes no responsibility for failure to do so.

Reformatting

INMARK 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 will be notified, in advance, of conversion and formatting incompatibility.

Purchased Lists

For mailing lists purchased from INMARK, INMARK 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 INMARK’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 INMARK. You hereby waive any Statute of Limitations to the contrary.

Terms and Conditions of Use/Website

INMARK 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 INMARK MEDIA, LLC, Inc. d/b/a waybetterpostcard.com, or a related client portal, or one of its divisions or subsidiaries (collectively, “INMARK”), 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 INMARK. 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 INMARK without our express written consent. You may not use any meta tags or any other “hidden text” utilizing INMARK’s name or trademarks without the express written consent of INMARK. Any unauthorized use terminates the license granted by INMARK. 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 INMARK, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any INMARK 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 INMARK 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

INMARK 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. INMARK does sell products for children. If you are under 18, you may use waybetterodernpostcard.com only with involvement of a parent or guardian. INMARK reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. While INMARK has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, INMARK reserves the right to delete and take other appropriate action with respect to such messages, information or files with which INMARK, 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 INMARK for all claims resulting from content you supply. INMARK 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 INMARK’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 INMARK 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. INMARK 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™ and other related trademarks and service marks maybe the property of INMARK and are protected by United States and international trademark law. They may not be used without the written permission from INMARK 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. INMARK has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. INMARK 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. INMARK reserves the right to terminate any link at any time.

8. Purchases

All items purchased from INMARK 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. Disclaimer and Limitation of Damages

(a) INMARK 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, INMARK 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 INMARK, 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. INMARK reserves the right, in its sole discretion and without notice to deny access to the Site to anyone at any time. Neither INMARK 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.

10. Indemnification

You agree to indemnify and hold INMARK 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.

11. Applicable Laws

INMARK operates 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 INMARK 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 INMARK or any of its officers, employees, agents or representatives, such as where notice to INMARK is required by contract, or any federal, state or local laws, rules or regulations.