Terms and Conditions
Welcome to the web site of Deluxe Branded Marketing. Use of this site, and purchase of products and services from us through this site, are subject to the terms and conditions contained in the Web Site User’s Agreement set forth below (the “WSUA”). In continuing to access or use our web site, you agree to be bound by the WSUA
Deluxe Branded Marketing’s License to You
Deluxe Branded Marketing grants you a single, non-exclusive, non-transferable and limited personal license to access and use our web site. This license is conditioned on your continued compliance with the terms and conditions in this WSUA.
Use of Our Web Site
You agree to the following in connection with your use of our web site:
- You will use our web site in a manner that is consistent with all applicable laws and regulations, broker “house rules”, and the rules and regulations of any and all professional or trade organizations of which you are a member, and in accordance with the terms and conditions of this WSUA;
- You will not upload any information or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights;
- You will not upload, email or otherwise transmit any material that contains viruses or any other computer code, files or programs which might interrupt, limit or interfere with the functionality of any computer software or hardware or telecommunications equipment;
- You will not upload any information or other material for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening or hateful; and
- You are solely responsible for the content of all products that you order from Deluxe Branded Marketing, and acknowledge and agree that Deluxe Branded Marketing will not review or screen any such content for compliance with any applicable laws or regulations, broker “house rules”, or the rules and regulations of any professional or trade organization.
When you register to use our web site, we may ask you to give us certain identifying information (“Registration”). You agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, or otherwise conceal your identity from Deluxe Branded Marketing for any purpose.
For your protection and the protection of our other web site users, we ask you not to share your Registration information (including password and/or user name) with any other person for the purpose of facilitating their access or use of our web site. You alone are responsible for all transactions initiated, or acts or omissions that occur, on or through our web site through the use of your Registration information.
Unauthorized Use of Your Registration Information
If you believe that someone has used your Registration information to access our web site without your authorization, please call Deluxe Branded Marketing immediately at (949) 348-2292.
Third Party Data
We may make available to you through our web site data and information that we obtain from one or more third parties (“Third Party Service Providers”). This data and information (collectively, “Third Party Data”) includes names, addresses and other data and information that you may elect to use for the purpose of mailing products ordered by you from us. Deluxe Branded Marketing does not endorse or approve Third Party Data, and we make it available to you only as a convenience to you. Deluxe Branded Marketing and our Third Party Service Providers do not (a) guarantee the accuracy or completeness of Third Party Data; or (b) warrant any results from your use of Third Party Data. We may discontinue offering Third Party Data, change the Third Party Data available to you, or change the Third Party Service Provider(s) from whom Third Party Data is obtained, at any time without notice. You agree that neither Deluxe Branded Marketing nor the Third Party Service Providers will be liable to you or any third party in any way for the termination, interruption, delay, or inaccuracy of any Third Party Data.
Limitations on Your Use of Third Party Data
Your right to use the Third Party Data is limited to your personal use solely for the purpose of mailing products purchased by you from Deluxe Branded Marketing, and you will use the Third Party Data for no other purpose. Without limiting the generality of the preceding sentence, in no event will you publish, broadcast, distribute or otherwise provide any Third Party Data to any other person or entity, or provide any other person or entity access to any Third Party Data. Further, you will use the Third Party Data in strict compliance with all applicable federal, state and local laws, rules and regulations, including but not limited to those concerning direct marketing.
“No Mail” Requests
Deluxe Branded Marketing will use commercially reasonable efforts to comply with “no mail” requests of which it has been given notice. However, you agree that Deluxe Branded Marketing will not be liable in any way to you or any third party as the result of Deluxe Branded Marketing’s failure to comply with any “no mail” request.
Deluxe Branded Marketing may revise the WSUA at any time, and you agree to be bound by future revisions. It is your responsibility to visit the link at the bottom of the www.fs.deluxe.com home page periodically to review the most current terms and conditions.
Notices, Communications, and Electronic Signatures
You agree to accept all communications from us regarding use of our web site at the addresses you provide during Registration. Please promptly update any changes to your Registration information. Deluxe Branded Marketing is entitled to rely on the email address and U.S. mail address that you last provided to us. You agree to waive all claims resulting from failure to receive communications because of changes in your email or U.S. mail address.
You agree to be bound by any affirmation, assent or agreement you transmit electronically through our web site. You agree that, when in the future you click on an “I agree,” “I consent” or other similarly worded “button” or entry field with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Monitoring By Deluxe Branded Marketing
Deluxe Branded Marketing, its affiliates and agents are entitled, but not obligated, to review or retain your communications through our web site. We and our affiliates and agents may monitor those communications to evaluate the quality of service you receive, your compliance with this WSUA, the security of our web site, or for other reasons. You agree that these monitoring activities will not entitle you to any cause of action or other right with respect to the manner in which Deluxe Branded Marketing or its affiliates or agents monitor your communications and enforce or fail to enforce the terms of this WSUA. You agree that in no event will Deluxe Branded Marketing or its affiliates or agents be liable for any costs, damages, expenses or any other liabilities incurred by you as a result of any monitoring activities.
Disclaimer of Warranties
DELUXE BRANDED MARKETING MAKES NO WARRANTIES REGARDING OUR WEB SITE OR ANY PRODUCTS OR SERVICES THAT YOU MAY PURCHASE FROM DELUXE BRANDED MARKETING. DELUXE BRANDED MARKETING AND ITS AFFILIATES AND AGENTS (INCLUDING THIRD PARTY SERVICE PROVIDERS) DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE TO INDEMNIFY AND HOLD DELUXE BRANDED MARKETING AND ITS AFFILIATES, AGENTS, EMPLOYEES, AND LICENSORS (INCLUDING THE THIRD PARTY SERVICE PROVIDERS) HARMLESS FROM ANY CLAIM, DEMAND, LOSS, COSTS OR EXPENSE, INCLUDING ATTORNEYS’ FEES, SUFFERED OR INCURRED BY DELUXE BRANDED MARKETING AND/OR ITS AFFILIATES, AGENTS, EMPLOYEES, AND/OR LICENSORS (INCLUDING THE THIRD PARTY SERVICE PROVIDERS), ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR VIOLATION OF THIS AGREEMENT, OR ANY OTHER PERSON’S RIGHTS, INCLUDING BUT NOT LIMITED TO INFRINGEMENT OF ANY COPYRIGHT OR VIOLATION OF ANY PROPRIETARY OR PRIVACY RIGHT.
Limitation of Liability
IN NO EVENT WILL DELUXE BRANDED MARKETING HAVE ANY LIABILITY OR OBLIGATION TO YOU WITH RESPECT TO ANY PRODUCTS OR SERVICES PURCHASED BY YOU FROM DELUXE BRANDED MARKETING IN AN AGGREGATE AMOUNT GREATER THAN THE AMOUNT PAID BY YOU FOR THE ORDER IN QUESTION, LESS THE AGGREGATE POSTAGE INCLUDED IN THAT PRICE.
UPLOADING BY YOU OF ANY DATA OR MATERIAL ON TO OUR WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR TAKING ALL NECESSARY BACKUP PROCEDURES, AND DELUXE BRANDED MARKETING WILL IN NO EVENT BE RESPONSIBLE FOR ANY LOSS OF ANY SUCH DATA OR MATERIAL.
UNDER NO CIRCUMSTANCES WILL DELUXE BRANDED MARKETING OR ITS AFFILIATES, AGENTS, EMPLOYEES, OR LICENSORS (INCLUDING THIRD PARTY SERVICE PROVIDERS) HAVE ANY LIABILITY OR OBLIGATION TO YOU AND/OR ANY THIRD PARTY FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF DELUXE BRANDED MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT, DIRECTLY OR INDIRECTLY, RESULT FROM OR ARISE OUT OF (A) ANY PRODUCT OR SERVICE PURCHASED FROM DELUXE BRANDED MARKETING OR ANY DELAY IN THE DELIVERY OF ANY SUCH PRODUCT OR SERVICE; (B) THE USE OF ANY THIRD PARTY DATA; OR (C) THE USE OF, OR THE INABILITY TO USE, OUR WEB SITE, WHETHER ARISING OUT OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY OTHER CAUSE OF ACTION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Because some states prohibit the limitation of liability for consequential or incidental damages, in such states the limitation of liability (only with respect to consequential or incidental damages) may not apply to you, and the respective liability of Deluxe Branded Marketing and its affiliates, agents, employees and licensors (including Third Party Service Providers) is limited to the greatest extent allowable under applicable law in those states. In the event that a court or arbitration panel, as the case may be, should hold that the limitations of liabilities or remedies available as set forth in this WSUA are unenforceable for any reason, or that any of your remedies under this WSUA fail, then you expressly agree that under no circumstances will the total, aggregate liability of Deluxe Branded Marketing and its affiliates, agents, employees and licensors (including Third Party Service Providers), to you or any party claiming by or through you for any cause whatsoever exceed $1000, regardless of the form of action and whether in contract, statute, tort or otherwise.
Trademarks and Copyrights
The Deluxe Branded Marketing web site is owned by Deluxe Branded Marketing and all material and content displayed on the web site is owned by Deluxe Branded Marketing or its affiliates, agents or licensors (including the Third Party Service Providers) and is protected by United States copyright laws and international treaty provisions. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Deluxe Branded Marketing or its affiliates, agents or licensors (including Third Party Service Providers). Other third-party products and brand names may be trademarks, service marks or trade names of their respective owners, and may not be affiliated with Deluxe Branded Marketing. Nothing contained on the Deluxe Branded Marketing web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, service mark or trade name displayed on the Deluxe Branded Marketing web site without the written permission of Deluxe Branded Marketing or such third party that may own such trademarks, service marks or trade names.
Modifications, Suspensions and Terminations of Access to Deluxe Branded Marketing’s Web Site
Deluxe Branded Marketing reserves the right to modify or discontinue, temporarily or permanently, our web site (or any part thereof) without notice. You agree that Deluxe Branded Marketing will not be liable to you or to any third party for any modification, suspension or discontinuance of our web site. The license granted under this WSUA will terminate if Deluxe Branded Marketing believes that any information provided by you, including your email address, is no longer current or accurate, if you fail to otherwise comply with any term or condition of this WSUA, or if you fail to pay, when due, any amount owed by you to Deluxe Branded Marketing.
Use of Access Devices
With the exception of applications commonly known as web browser software, you agree not to use any software, program, application or any other device to access or log on to our web site.
Security of Data Transmissions and Storage
Electronic (including wired and wireless) communications through our web site may not be encrypted. You acknowledge that there is a risk that data, including email, electronic and wireless communications and personal data, may be accessed by unauthorized third parties when communicated between you and Deluxe Branded Marketing.