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Terms of Use

Last updated: August 3, 2015

Introduction

Please read these Terms of Use carefully. By accessing this Website you agree to be bound by the Terms of Use stated below. If you do not agree to the Terms of Use stated below, please do not access this Website or otherwise access any of the Content or Services available through the Website. LentzDesign reserves the right to change, modify or amend these Terms of Use without any notice. The term “us” or “we” or “our” refers to LentzDesign, the owner of LentzDesign.com (“Website”). The term “you” or "your" or "yourself" or “customer” refers to the user or viewer of our Website. LentzDesign does not act as an agent, partner, joint venturer, or in any other capacity on your behalf.

Copyright

All content included on the Website including data compilations, graphics, icons, images, logos, software, and text (“Content”) is the property of LentzDesign. You do not acquire ownership rights to any Content viewed through the Website. All Content is protected by United States and international copyright laws and other intellectual property laws, and any rights not expressly granted herein are reserved to LentzDesign. The copying, redistribution, use or publication by you of any Content or any part of the Website is strictly prohibited.

Warranties

This Website, including all Content, functions, and information made available on or accessed through the Website, is provided on an "as is" and "as available" basis without representations or warranties of any kind whatsoever, express or implied, including without limitation non-infringement, merchantability, or fitness for a particular purpose. LentzDesign does not warrant that the Website or the functions, features or Content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected.

Registration

Registration is required. User agrees to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person to use the Website under your name; or (b) access to the Website through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.

Nontransferable

Your right to use the Website is not transferable or assignable. Any right given to you to obtain information or documents is not transferable or assignable.

Pricing

Prices for all products and services on the Website are shown in U.S. dollars.

Billing

LentzDesign accepts each of the following credit card types: Visa, MasterCard, American Express and Discover. All credit card information is encrypted, stored and processed through a third party provider. For Product purchases, we generally do not charge your credit card until after your order has been shipped, mailed or emailed.

Unauthorized Use

You are entirely responsible for maintaining the confidentiality of your unique 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. We 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 LentzDesign or another party due to someone else using your account or password. You may not use anyone else's account at any time.

Products and Services

LentzDesign offers direct mail marketing products and print marketing products (the “Products”) to assist you in your marketing efforts. Composition, printing, list procurement, contact management, mailing and shipping (the “Services”) are available through the Website and LentzDesign authorizes you to use the Website and to access the Services; provided you comply with the Terms of Use. If you breach any portion of the Terms of Use, your authorization to use the Website and the Products and Services automatically terminates.

Purchased Mailing Lists

All purchased mailing lists at Website are for single-use only and cost $0.04 per record. Purchased lists will not be saved to Customer account. Without exception, Purchased list address information will be printed directly on Customer postcards and mailed by LentzDesign. Mailing list data is provided by Acxiom. We guarantee 95% or greater deliverability rates when you use your list within 30 days of purchase. We will credit your account the cost of undeliverable postcards that exceed the 95% rate when you use your list within 30 days of purchase. Customer must keep all returned mail as proof of undeliverable addresses and contact LentzDesign for payment resolution. LentzDesign will not be liable for any geographic or demographic data selection errors made by the Customer such as, but not limited to, improper search address. Customer assumes all responsibility for their own mistakes.

Production, Shipping, USPS and Canada Post

LentzDesign will always act to make sure that any production difficulties do not delay delivery schedules. LentzDesign shipment and delivery dates are calculated based upon estimates provided by our suppliers. LentzDesign will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and/or technical problems may delay the printing process. In no case shall LentzDesign be liable for any consequential damages resulting from any delay in production, shipment or delivery of Products. All LentzDesign customers agree not to hold LentzDesign liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond LentzDesign's direct control. LentzDesign does not act on behalf of the United States Postal Service (“USPS”) or Canada Post. Mail delivery time averages five (5) to eight (8) business days for Every Door Direct Mail ("EDDM"), five (5) to eight (8) business days for First-Class Presort, eight (8) to fourteen (14) business days for Standard Rate mail and five (5) to eleven (11) business days for International Priority Airmail to Canada, however, LentzDesign makes no guarantees in this respect. All issues related to delivery of mail are matters solely between the USPS or Canada Post and yourself. All postcards, mailed by either LentzDesign or the customer, become the responsibility of the USPS or Canada Post once they are deposited into the USPS or Canada Post mail stream. LentzDesign makes no representation or guarantee as to the results you might obtain while using the USPS or Canada Post. Customer understands that on occasion, due to the automated postal sorting equipment used by the USPS and Canada Post, postcards may arrive with some extraneous wear and tear. Extraneous wear may appear as smudging, scuffing, print degradation, black marks, etc. This issue impacts a small percentage of both offset and digitally printed postcards, with and without protective coatings applied, and is a potential issue for all postcards entering the USPS or Canada Post mail stream. Customer accepts this potential risk and agrees not to hold LentzDesign liable for extraneous wear and tear on postcards delivered by the USPS or Canada Post.

User Conduct

You are solely responsible for the content and context of all Products you compose or otherwise distribute in using the Services. You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto Products via the Website. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. You warrant and agree that, while accessing the Website or any Content and during or as a result of using any Service, you shall not; (a) violate the Direct Marketing Association's Guidelines for Ethical Business Practice (http://www.dmaresponsibility.org) and all federal, state and local laws, statutes, rules and regulations when using list data provided through this Service; (b) upload, transmit, publish, distribute, or reproduce in any way information, software, or other material that is protected by copyright or other intellectual property rights, without first obtaining proper permission; (c) impersonate any other person or entity or misrepresent your affiliation with any other person or entity; (d) upload, transmit, publish, distribute, or reproduce any libelous, defamatory, threatening, unlawful, abusive, fraudulent, pornographic, obscene, profane, or otherwise objectionable information of any kind including any transmissions constituting or encouraging conduct that would give rise to civil liability, constitute illegal activity, or otherwise violate any local, state, national or foreign law, rule, or regulation; (e) distribute or otherwise transmit any data, software, communications, text, links, messages, information, files, or other materials that may be considered harmful, defamatory, obscene, threatening, hateful, harassing, vulgar, unlawful, abusive, racially, or otherwise objectionable; (f) violate any applicable regulations, rules, or laws, or otherwise use the Services in any manner that violates any applicable regulations, rules, laws or U.S. export requirements; and (g) harass, threaten, embarrass, or cause distress or discomfort upon another party.

Refusal of Service

You understand that LentzDesign has no obligation to monitor your use of the Services and Products you develop with the Services. LentzDesign does, however, reserve the right to review the same and to remove and/or suspend the Services with respect to any materials that LentzDesign, in its sole discretion, believes to be illegal or otherwise improper. LentzDesign also reserves the right, in its sole discretion, to require proof that you are authorized to distribute the content developed with the Services.

Restrictions and Prohibitions

Your Account and use of the Website and any materials collectively defined as “Content and Materials” therein are subject to the following restrictions and prohibitions on use: You may not (a) copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Website or any Content and Materials retrieved therefrom; (b) use the Website or any Content and Materials obtained from the Website to develop, as a component of, any information, storage and retrieval system, database, information base, or similar resource in any media now existing or hereafter developed, that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Website; (d) use any Content and Materials from the Website in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or Terms of Use contained in the Website; (f) make any portion of the Website available through any time sharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, decompile, disassemble or reverse engineer any Website software or use any network monitoring or discovery software to determine the Website architecture; (h) use any automatic or manual process to harvest information from the Website; (i) use the Website in a manner that violates any state or federal law regulating email; and (j) export or re-export the Website or any portion thereof, or any software available on or through the Website, in violation of the export control laws or regulations of the United States.

Indemnification

You agree to defend, indemnify and hold harmless LentzDesign and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney's fees arising from or related to (a) your use of the Website, (b) your breach of the Terms of Use, (c) your dispute with another user, (d) the unauthorized access to any protected area of the Website, and (e) any image or content being reproduced as part of your order.

Limitation of Liability

LentzDesign including its directors, officers, employees, agents and any Affiliated Party shall not 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, (a) the use or inability to use the Website, the Services, or any of the software even if LentzDesign has been advised of the possibility of such damages, (b) the unavailability or interruption of the Website or any features thereof, (c) your use of the Website, (d) the Content contained on the Website, or (e) any delay or failure in performance beyond the control of LentzDesign. THE AGGREGATE LIABILITY OF LENTZDESIGN AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

Modifications to Website

LentzDesign reserves the right, for any reason, at its sole discretion, and without notice to (a) terminate, change, suspend or discontinue any aspect of the Services, the Content, and the Website including features and hours of availability and (b) impose limits on certain features of the Website or restrict your access to part or the entire Website.

User Information

Except for applicable credit card information, any information or material you transmit to the Website or otherwise provide to LentzDesign is considered non-confidential and non-proprietary and LentzDesign has no obligations of confidentiality with respect to the same. You agree that LentzDesign 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.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Website uses by you and all information provided by you in any manner consistent with our Privacy Policy. All remarks, suggestions, ideas, graphics, or other information communicated by you to us (collectively, a “Submission”) will forever be our property. We will not be required to treat any Submission as confidential, and will not be liable for any ideas (including without limitation, product, service or advertising ideas) and will not incur any liability as a result of any similarities that may appear in our future products, services or operations. Without limitation, we will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. We will be entitled to use the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission.

Returns and Refunds

Since each order is unique to the user and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. Customer must notify LentzDesign within six (6) business days of order acceptance to notify any defects discovered in the ordered Product. In order to receive replacement Customer must return 100% of the received Product within 15 days from the time when the ordered Product delivery was taken. All orders that are being returned must be shipped by customer's own expense.

Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of these Terms of Use. You must review this Privacy Policy .