Before you use our website, place an order, or use any of our other products and services, you must agree to our Privacy Policy and these Terms and Conditions. ProspectsPLUS!, Inc. is hereafter referred to in this document as "we," "us," or "our." These Terms and Conditions are effective for all websites, products, and services provided by ProspectsPLUS!, Inc. or any subsidiaries. This document is a general agreement between ProspectsPLUS!, Inc. and users of our websites, products, and/or services. By using our website, products, and/or services you are agreeing to the Terms and Conditions detailed here.
Patents and Copyrights
Some services provided by us use a patent-pending process which automatically generates postcard and/or other designs, obtains mailing lists, and integrates information derived from multiple external data sources. ProspectsPLUS!, Inc. is the owner of this patented and patent-pending technology. This technology is not licensed to any other entity. All content, including but not limited to, intellectual property, video content, website code, programming, graphics, and text; graphic templates used on postcards; and website design; is the property of ProspectsPLUS!, Inc. and is protected by United States and International copyright laws and other relevant Intellectual Property laws.
Our Services
We authorize you to access our website and use our services, provided you consent to our Terms and Conditions and our Privacy Policy. We do not make any representation or guarantee as to the results you might obtain while using our services. We cannot be held responsible for errors that may be found in the external data sources provided to us. We are not responsible for the accuracy of addresses provided by our third party address vendors or delay in delivery by United States Postal Service (USPS).
Processing of User, Billing, and Shipping Information
To use this service and website, you are required to provide certain details, including but not limited to, a valid and currently used email address, password, address information, and personal contact information. This information will be used as specified in our Privacy Policy. You are solely responsible for the accuracy of the information you provide as well as 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 to cancel your order or our offer of 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 can not be held liable for any loss that could be 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. 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 before placing your order.
Order Dispute and Resolution Policy
We will complete your order based on information received from you, from external data sources, or from other automated databases, depending on the service you are purchasing. You will be held responsible for compliance to standards of any artwork that is provided by you or by any third party on your behalf. Due to the highly automated processes incorporated in the fulfilling of your order, no changes can be made after your order is placed.
Order Delivery
ProspectsPLUS!, Inc. makes no guarantee in meeting turnaround timeframes; however we generally print, address, UV coat, and mail your postcards, including postage, within two business days of having all information necessary to create your postcard. ProspectsPLUS!, Inc., and/or its subsidiaries cannot assume any liability for improper margins/bleeds created by the customer, mistakes in content, typographical errors, scheduling conflicts/mistakes or delivery delays. Some variations in color can occur due to limitations of computer monitors. Printing and processing are performed with CMYK colors and may not exactly match your computer monitor. Your postcards are deposited into the United States Postal Service ("USPS") mail stream at the Business Mail Entry Unit of the Manasota, Florida Main Post Office, after which they become the responsibility of the USPS. These mailings are addressed with the addresses generated based on your mailing criteria. USPS delivery standards are: First Class mail, 1-3 business days; Standard Class mail, 4-10 business days. When you place your Order, you agree that delivery to USPS fulfills our Order Obligations and you must waive any right to dispute any related Order credit card charges because of failed delivery by the USPS.
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 and/or Privacy Policy, 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.
Content
When using any services provided by ProspectsPLUS!, you may elect to upload or otherwise submit materials to the site. We do not supervise the uploading of any customer-provided materials to this site, although we reserve the right to do so. You agree, represent and warrant that in using the services, you will not upload, submit or otherwise transmit to us:
- Materials that are unlawful, threatening, abusive, defamatory, obscene or which invade another person's privacy or further the commission or concealment of a crime;
- Materials that are not lawfully yours to transmit;
- Materials that are the subject of, or which infringe upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity;
- Materials containing software viruses or other harmful computer code; or
- Materials that in any way interfere with or disrupt the services or any servers or networks connected to or used with the services.
ProspectsPLUS! takes no ownership in any materials uploaded to our website, except that we retain our rights in and to the content that is present on our site or that may be created and/or supplied by or for ProspectsPLUS!. You also warrant and confirm that you own the copyright or have permission to copy any documents or materials you submit online for printing or processing, and agree to defend, indemnify and hold ProspectsPLUS!, Inc., its respective officers, directors, agents and employees, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney’s fees incurred by ProspectsPLUS! in defending against such suit, demand or claim.
Disclaimers and Liability
Although we believe that our website, 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 website, content of the website, products, and services are provided "as is" and we hereby disclaim all warranties and conditions with regard to our website, 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 website, 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 to you. 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 website, 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
The 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 website, 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 Florida, without giving effect to any principles of conflicts of laws, all matters arising hereunder shall be exclusively held in Sarasota County, Florida, and you agree to the exclusive jurisdiction of the state and federal courts located in Sarasota County, Florida. 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
If you have any comments, questions or concerns regarding our Terms and Conditions and/or our Privacy Policy, you may contact us via:
Email:
support@prospectsplus.com
US Mail:
ProspectsPLUS!, Inc.
10510 Portal Crossing
Suite 107
Bradenton, FL 34211
Telephone:
(866) 405-3638