Xpressdocs’ Terms & Conditions

Last updated 2016

Be sure to read the Terms of Use below, as they cover the terms and conditions that apply to your use of this website (the “Service,” “Website,” or “Site”). Access to this Website and use of this Service, including continued use of the Site are subject to these Terms of Use, and by accepting these Terms of Use, you agree to be bound by them for your initial use and all future uses of the Site. Xpressdocs Holdings, Inc. of 4901 N. Beach Street, Fort Worth, TX 76137, or its affiliates (collectively “Xpressdocs”) may change the Terms of Use from time to time so be sure to read the Terms of Use each time you use the Service. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Use. If you do not agree to the Terms of Use, please exit this Website.

Electronic Communications

When using this Site or sending Xpressdocs emails and support chats, you are communicating with us electronically. You consent to receive electronic communications from Xpressdocs. We may communicate with you via email or via the Site. You agree that agreements, notices and communications that are provided electronically satisfy the legal requirements for written communication.

This Website is a business and commercial site. Unless otherwise noted on the Website, it is not intended for use by children or minors.

License Terms

Subject to your compliance with these Terms of Use, Xpressdocs grants you a non-exclusive, non-sub licensable, terminable, revocable, non-transferable license (the “License”) to access the Website solely to purchase products and services from us or from customers for whom we are providing services. You understand and agree that the License and your log-on data (“Password” and “User ID”) are granted to you individually and may not be shared with any other person. You agree to use your best efforts to ensure that no one else learns your User ID or Password or otherwise has access to them, including your support staff or other representatives of your organization. Xpressdocs may block your access to the Website without notice if we become aware of any breach by you of these Terms of Use, including any unauthorized use of your User ID or Password.

Limitations and Disclaimers

By using this Website, including any applets, software, and content, you agree that use of the Service is entirely at your own risk. THE SERVICE AND DATA IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER XPRESSDOCS NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, DATA OWNERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHETHER OR NOT FORESEEABLE AND HOWEVER ARISING.

Trademarks and Copyright

Xpressdocs is the sole owner and/or authorized user of (a) all trademarks or service marks appearing on this Website (other than those provided by our clients), (b) all photographs, images, audio, music, text, animations, and applets incorporated into this Website, (c) the “look and feel” of the Website, and (d) all software contained on the Website or otherwise provided to you in connection with your use of the Service. Xpressdocs is also the copyright owner or licensee of the content and/or information on this Website, including but not limited to any icons, designs and screens appearing at the Website. If you make use of this Website, except as otherwise provided in these Terms of Use, you could be in violation of copyright and other laws of the United States or other countries, confidentiality agreements, as well as applicable state laws, and may be subject to penalties.

The content presented at this Website may vary depending upon your browser limitations.

Payment

If you wish to make purchases through the Service, you may be asked to supply certain information, including credit card or other payment mechanism information. You agree that all information you provide through the Service for purposes of making purchases will be accurate, complete and current. You agree that your credit card will be charged when the products are shipped to you. You also agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You also will be responsible for paying any applicable taxes relating to purchases through the Service. Finally, the prices set forth on this Site may change at any time.

Failure to Comply with Terms and Conditions and Termination

You acknowledge and agree that Xpressdocs may in its sole discretion deny you access to the Website or to access third-party services, merchandise or information on the Internet through the Website, and Xpressdocs shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. In addition, your access to the Website will terminate upon Xpressdocs discretion should Xpressdocs believe, in its sole discretion, that you have violated any of these Terms of Use. Upon termination of your access to the Website, the License will automatically terminate, and you must immediately cease all access to and use of the Website through any means. Upon your cessation of use of this Service, for whatever reason, you agree to promptly destroy all items pertaining to the Service, including without limitation, all copies of screens, on-line help information, documentation relating to the Service and your User ID and Password.

Links From and To This Website

You acknowledge and agree that Xpressdocs and any of its co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external websites do not constitute an endorsement by Xpressdocs or its co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites.

Information in the many web pages that are linked to the Website comes from a variety of sources. Some of this information comes from official Xpressdocs licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to Xpressdocs. Xpressdocs does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Xpressdocs shall 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 such content, goods or services available on such external sites or resources.

Privacy Policy

By agreeing to these Terms of Use, you acknowledge that you have read understood and agree to the terms of our Privacy Policy.

Miscellaneous

The Website is controlled by Xpressdocs from its offices within the United States. Access to, or use of, this Website or information, materials, products and/or services on this Website may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Website. We make no representation that the information contained herein is appropriate or available for use in other locations outside the United States.

Posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.

We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.

You acknowledge that various Laws exist throughout the world that regulate, among other items, consumer privacy rights, consumer protection from solicitation, fair information practices, advertising, telemarketing, electronic communications, SPAM, do not call lists, bulk mailing and advertising. You are solely responsible for ensuring that your use of the Service is not in violation of any Law. You acknowledge that Xpressdocs is, in no way, responsible any such compliance.

You agree that the substantive laws of the State of Texas in the United States shall govern any controversy or claim or whatever nature arising out of or relating to the use of this Website, without regard to any conflict of laws provisions.

Xpressdocs reserves the right to change any information on this Website, including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Website might take you to other websites for which Xpressdocs assumes no responsibility of any kind for the content, availability or otherwise.

These Terms of Use represent the entire agreement between the parties regarding the use of the Website and supersedes all previous agreements, promises, proposals, representations, understanding and negotiations, whether written or oral, between the parties respecting the subject matter hereof.

Questions

If you have any questions regarding these Terms of Use or any other matter, you may contact us by writing to us at Xpressdocs Holdings, Inc., 4901 N. Beach Street, Fort Worth, TX 76137 Attn.: Xpressdocs – Terms of Use Matter or e-mailing info@xpressdocs.com.

Supplemental Terms and Conditions for Specific Products

The following supplemental terms and conditions apply for the specific Xpressdocs products noted. To the extent there is a conflict between these supplemental terms and conditions and the general terms and conditions, these supplemental terms and conditions control your use of the Service.

List Acquisition Services

The term “Data” means any names and/or address list purchased or rented from Xpressdocs for use in sending (1) emails through this Website or (2) materials printed by Xpressdocs through this Website, in each case, to your customers or prospects. You are granted a nonexclusive, nontransferable, limited license to access and use the Service and Address Lists solely for purchasing products and services from Xpressdocs through the Website, or, in the event that you have purchased the Data, to use it for any other lawful purpose. You agree to use the Service for the sole purpose of marketing to prospective buyers or sellers of your products and services, within the United States, with no right to redistribute or resell in whole or in part without the prior written approval of Xpressdocs. The Service may not be accessed or used outside of the United States without the prior written consent of Xpressdocs.

You acknowledge that the Data shall at all times remain the intellectual property of Xpressdocs licensors and third party data owners (collectively the “Data Owner”) who provided the Data to Xpressdocs, and that you have no proprietary rights whatsoever in the Data.

Permitted Uses and Restrictions

You may use the Data provided pursuant to this Agreement, subject to the following:
• The Data may be used for your marketing programs to consumers and businesses, including house file enhancements, mailing list screens, modeling and list analysis.
• You may not sell, lease, rent or, except as otherwise authorized, provide to any other party (i) the Data or a derivative of the Data, (ii) its own file, as enhanced with the Data, or (iii) any direct marketing list, model, analysis, code or report utilizing or derived from the Data.
• You may not use the Data as a factor in establishing an individual’s creditworthiness or eligibility for (i) credit or insurance, or (ii) employment.
• You shall not use any Data to advertise, sell, or exchange any products or services relating to illegal or illicit activities, including, without limitation, sexual products or services, drug products or services, pornographic materials, weapons, or involving credit repair services.
• All marketing communications used in connection with any list created by or for you derived from the Data shall (i) be devoid of any reference to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation, or the source of the recipient’s name and address; (ii) comply with all applicable federal and state laws, rules and regulations; and (iii) comply with all applicable privacy policies, ethical use and Fair Information Practices published by the Direct Marketing Association (“DMA”).
• You agree to furnish Xpressdocs, if requested, two (2) copies of each mail piece and/or telemarketing script using information derived from the Data.
• You may not use the Data, in whole or in part, in the development of (i) any application that is outside the scope of this Agreement or (ii) any data products or services to be provided to third parties including, without limitation, any list enhancement or data appending service or product.
• Xpressdocs reserves the right to review and pre-approve your intended use of the Data prior to Xpressdocs acceptance of an order.
• Xpressdocs is obligated to comply with certain restrictions and requirements placed upon the use of the Data by the Data Owners. You shall strictly comply with all restrictions and requirements now or hereafter imposed upon Xpressdocs by any Data Owner and made known to you in writing.
• You represent and warrant that, you have implemented and maintain an information security program that contains administrative, technical, and physical safeguards that are appropriate to its size and complexity, the nature and scope of its activities, and the sensitivity of any customer information at issue.
• The purchased lists are multi-use for one year; therefore, there are no restrictions on the number of mailings per list in the given year. You agree to not use Data one year after date of purchase or lease.
• You may preview records that are returned from selected search parameters in order to ascertain targeted and appropriate addresses.

Direct Mail Services

By utilizing Direct Mail Services by Xpressdocs, you agree to be bound by these Terms of Use. Please read them carefully. If you do not wish to be bound by the Terms of Use, Xpressdocs will not be able to perform Direct Mail Services for you.

All mailing delivery dates are estimates, not guarantees. Xpressdocs responsibility is limited to preparing your mailing and providing your mailing to the U.S. Postal Service (“USPS”) for delivery. Xpressdocs is not liable for USPS performance failures or delivery delays. Xpressdocs is not liable for delivery delays with third party mail delivery service providers or any additional services performed outside of Xpressdocs.

Postage is not refundable once the mail piece has been processed for mailing. Xpressdocs is not liable for any loss of your business or profits; incidental or consequential damages; or costs in excess of billing for services related to the specific job, whether as a result of errors, mistakes or failure by Xpressdocs to perform services, or otherwise.
Postal regulations are subject to change, and you are responsible for complying with current mailing regulations.

Xpressdocs reserves the right to make changes to these Terms of Use regarding Direct Mail Services at any time without prior notice.

Consumer Inquiries

You shall be responsible for accepting and responding to any communication initiated by a consumer (“Consumer Inquiries”) arising out of your use of the Data. You agree that you will provide “in house” suppression to consumers, upon request by a consumer, from your future marketing initiatives and you agree to honor any such request by suppressing such consumer information from your marketing solicitations. No reference to Xpressdocs or the Data Owners in written or oral communication to a consumer or in your scripts in responding to Consumer Inquiries shall be made without Xpressdocs and the Data Owner’s prior written approval.

Suppression Files

The Data products (“Products”) are built using Suppression Files appropriate for that Product, including the Direct Marketing Association’s Mail Preference Service and Telephone Preference Service files, e-mail suppression files, Data Owner opt-out files, FTC DNC file and the state Attorneys General suppression files, to flag an individual consumer as having opted out of receiving marketing solicitations. Except with regard to your customers, you agree to honor such consumers’ elections not to receive marketing solicitations in any use of the Data and in the event that you do not honor such consumers’ choice not to receive marketing solicitations, Xpressdocs and the Data Owner may cease delivery of the Data and/or Services and/or terminate this Agreement immediately. You acknowledge that neither Xpressdocs nor Data Owner guarantees that the names or telephone numbers of all such consumers have been flagged or removed from the Data supplied to you hereunder. You further represent that if you are telemarketing in a state that requires registration, you have registered in the applicable state. You acknowledge that it is your sole responsibility to ensure that the most current suppression information has been applied to its files before such files are used for marketing and you agree to defend, indemnify and hold harmless Xpressdocs and the Data Owner, as set forth below, due to your failure to comply with its obligations set forth in this Section.

Indemnification

You shall defend, indemnify, and hold harmless Xpressdocs and the Data Owner from and against direct and actual claims, demands, judgments, liability, damages, losses, costs and expenses, including reasonable attorneys’ fees, arising out of or resulting from your misuse or unauthorized use of the Data. Xpressdocs shall give you prompt written notice of any claim of which it has knowledge, and shall provide you with the assistance, information and authority necessary to perform your obligations under this Section.