Open Letter Marketing

Terms of Service

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the openlettermarketing.com (the “Website”) operated by Open Letter Marketing LLC (“OLM”, “us”, “we”, or “our”).

By using the Service, you consent to the terms of this Agreement and to the terms of the OLM Terms and Conditions posted on our Website. If you do not agree to these Terms and Conditions, do not use any portion of the Website.

Before placing an order, you will be asked to agree to all Terms and Conditions regarding the production of the order and the interaction with OLM and its employees. OLM uses HTTPS protocols, data encryption, and data sunsetting to protect your data on a secure network.

ORDER – Terms and Conditions

Accuracy

Layout
Our prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to OLM. OLM is not responsible for any issues as to orientation or alignment of the pages of your submitted documents. By submitting the artwork to OLM, you certify that you have the right to use the image(s) in your artwork files. You are solely responsible for the accuracy and compliance with USPS Postal Regulations of your customer provided layouts.

Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

Color
OLM will reproduce color from submitted print-ready files as closely as possible but cannot exactly match color and density. Because of inherent limitations with the printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. By placing an order with OLM you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed piece. Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on electronic proofs that you approve. Electronic proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.

Proofing
A proof will be emailed to the customer within 48 hours of submitting an order. The customer is responsible for checking their email inbox and/or spam folder for the proof file. If no email is found, the customer is required to email OLM at [email protected] It is the customer’s responsibility to proof the file and check for any discrepancies or errors. No job will be sent to production without your approval. Once you have approved the proof and submitted your print job, you will be unable to make any further changes.

An online proof is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops, and final text. Electronic proofs do not show transparency and overprint issues. Neither do they show color change from RGB or Pantone to CMYK.

The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. Customer is fully responsible for all that is contained in the final approved proof. 

Payment
The fees for OLM 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. OLM requires pre-payment on all orders with the exception of certain customers pre-approved for Credit Terms. Any amount due to OLM, 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 $25.

Refunds & Cancellation

Services
All sales are final.

Products
No refunds will be granted for work that OLM has finished on an approved order. Additionally, design and set-up fees may still apply and be charged even though the product has not been approved.

In addition to the fees above, campaign orders are subject to a 20% fee of the original invoice total. This fee is related to the setup, file preparation and customization of your campaign.

Modifying Orders

Services
No modifications can be made once an order has been placed.

Products
Modifying an order (excluding proof changes) once it has been placed but before a proof has been approved will be subject to design and set-up fees. Once a print job has been approved by customer and “sent to production”, no changes can be made to the artwork files, job characteristics, or printing turnaround time.

Production Time
Printing turnaround time begins when we receive approval for your proof and full payment has been made. For printing jobs that do not have complete digital source files provided or have submitted files that are not print-ready, printing turnaround begins when we have your print-ready file(s), not from when the order was first submitted.

OLM is closed Saturdays, Sundays, and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, while production turnaround includes printing, cutting, and mail preparation, it does not include design, mailing, or shipping transit times, and you should allow additional business days for delivery based on the shipping method you selected. The estimated production turnaround advertised on this site is based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays, and holidays.

Printing turnaround time for jobs with approved proofs and payment is guaranteed. The remedy for failing to meet a deadline is limited to a pro-rated refund of any rush charges or a courtesy rush on your next order. Cancellation of an order based on printing turnaround time is only allowed if the customer indicated that the mail date is time sensitive and must be shipped by a target date when their order was placed. OLM will not be responsible for shipping-related costs on orders that do not go out by the due date.

Shipping and Delivery
OLM strives to provide superior service but is not responsible if your order arrives late due to unforeseen delays in delivery service, lost/stolen packages, natural disaster, the breakdown of equipment, bad weather, etc. In no case will OLM be liable for special, incidental, or consequential damages of any kind as a result of the shipping process. When choosing a shipping method and delivery date please remember that the shipping transit time is based on the number of business days in transit which does not include weekends or holidays. If the customer’s delivery day falls on a day when the United States Postal Service is closed (i.e., national holidays, etc.), the customer’s mail will be delivered on the following business day.

You are responsible for all customs, duties or fees related to shipments to foreign countries. As soon as the third-party carrier takes possession of the shipment, OLM is no longer liable for damages caused by any service carrier. OLM accepts no responsibility for tracking the delivery of packages shipped via the custom shipping option. It is the customer’s responsibility to comply with all applicable laws, foreign, federal, state and local laws when using our Shipping Services.

OLM does not claim to have expertise in legal compliance with such laws.

If you do not receive your order by the expected delivery date, or if the order arrives damaged, please email [email protected] or call 978-269-0245 and include the order number.

Mailing Services and Mail Delivery
In no case will OLM be liable for special, incidental, or consequential damages of any kind as a result of the mailing. OLM’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. OLM shall not be liable for USPS performance failures or delivery delays. OLM accepts no responsibility for any additional services performed outside of OLM, including but not limited to additional ink jetting, printed materials, bindery or mail delivery services.

It is the customer’s responsibility to comply with all applicable laws, foreign, federal, state and local laws when using our Mailing Services. OLM does not claim to have expertise in legal compliance with such laws.

OLM is not responsible for undeliverable or returned pieces on any customer supplied mailing list regardless if CASS or NCOA certifications have been processed.

Mailing List(s)
OLM agrees to maintain the confidentiality, safekeeping and protection of confidential information contained in a customer’s mailing list. A customer’s mailing list(s), while in the possession of OLM, is the exclusive property of the customer and shall be used only with customer’s instructions. It is the customers or customers’ list vendors’ responsibility to maintain a duplicate copy of its mailing list. OLM 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. Customer’s mailing list(s) will not be sold or offered for use to any other party.

Duplicate Removal
Unless otherwise instructed, OLM does not remove duplicate names or addresses, as part of our mailing services.

Change of Address Updates
The U.S. Postal Service requires that all automated mailings comply with Move Update. OLM provides this service for any customer supplied lists but does not guarantee the percentage of records that are corrected. 

Reformatting
OLM uses .CSV, .XLS, and .XLSX formats for data compilation for mailing services. A 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.

Indemnification, Damages
You agree to indemnify and hold OLM and its, 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 OLM.  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, artwork, and any other materials used to produce your product.

The liability of OLM, if any, for damages related to the production and shipping and/or mailing of the product, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to OLM for its products and services. In no event will OLM 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.

Ownership and Limited Use
By placing an order with OLM, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with OLM; and (ii) are authorizing OLM to print, mail, or distribute by electronic means any such order on your behalf. Any images/graphics, text or other materials supplied to OLM by the customer will remain sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to OLM. However, any additional materials created by OLM 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 OLM. Digital files of a OLM 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.

OLM reserves the right to reprint and distribute your finished job as an example of an OLM product sample for any and all promotional purposes. Customers may withdraw their orders from being used as product samples by sending a written request to OLM or by email to: [email protected] Your images and/or images of your finished job will not be featured in any national advertisements or promotions without your prior written consent.

Termination
OLM reserves the right to terminate your account and access to the Website and its services at any time. Termination by OLM may include removal of access to the Service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your account (or any part thereof), and other steps intended to bar your further use of the Website and its services. If you become dissatisfied with the Website, your sole and exclusive remedy is to immediately discontinue use of the Website and discontinue ordering with OLM.

Policy Changes
Please read “WEBSITE – Terms and Conditions” (directly below) carefully. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by OLM. You hereby waive any Statute of Limitations to the contrary.

Please check our Terms and Conditions policy when visiting our Website or ordering. OLM reserves the right to change and adjust its Terms and Conditions.

WEBSITE – Terms and Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the openlettermarketing.com (the “Website”) operated by Open Letter Marketing LLC (“OLM”, “us”, “we”, or “our”).

By using the Service, you consent to the terms of this Agreement and to the terms of the OLM Terms and Conditions posted on our Website. If you do not agree to these Terms and Conditions, do not use any portion of the Website.

Communications
When you visit our Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Data
In using the Website, you acknowledge that we and/or our third-party partners are authorized to copy and store such data for backup purposes and to access same to extent necessary for support purposes. You agree to comply with all data privacy and other laws with regard to the data we store for you.  You shall defend and indemnify us for any claim, costs or damages that may arise from your breach of your obligations set forth in this Agreement.  In the event we are served with legal process to turn over your data, unless prohibited by law, we shall endeavor to provide you advance notice before turning over said data.

Accounts
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with the Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

Nonexclusive License
We grant you a nonexclusive, nontransferable, limited right to access and display the Website and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions. No portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of OLM. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, code or form) of OLM without our express written consent. You may not use any Meta tags or any other “hidden text” utilizing OLM’s name or trademarks without the express written consent of OLM. Any unauthorized use terminates the license granted by OLM. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of openlettermarketing.com so long as the link does not portray OLM, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any OLM logo or other proprietary graphic or trademark as part of the link without express written permission.

Prohibited Use
Unauthorized use or modification of any information stored on the Website or associated servers may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Website for anything other than a lawful and legitimate business purposes. You are solely responsible for the content of any transmissions you make to the Website or to any OLM employee.
By using this Website, you agree that you will not:

  • Promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability
  • Conduct any activity that infringes on copyright, patent, trademark, service mark or any other rights of a person or entity
  • Impersonate any person or entity
  • Use a false name and/or invalid credit card to place an order
  • Restrict or inhibit any other user from using and enjoying any service conducted on the Website
  • Send, post or otherwise publish through the Website, any message, material, user name or other communication that 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
  • Distribute, upload, inject, or in any way send anything which 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 property of OLM
  • Advertise or solicit on or through the Website without express written permission from OLM
  • Use the Website 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
  • Create links or redirects to another website
  • Promote the use of controlled substances
  • Post or send anything that causes injury or harm to another person or entity

Use for any other purpose is expressly prohibited by law.

Monitoring
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. By visiting this Website you agree to accept responsibility for all activities that occur under your account or password. OLM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion but shall not be obligated to do so. While OLM has no obligation to monitor the Website and is not responsible for the content of any messages, reviews, information or files transmitted on the Website, we reserve the right to delete and take other appropriate action with respect to such messages, information or files with which OLM, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions, including denying access to the Website to anyone at any time.

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 OLM for all claims resulting from content you supply. OLM 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 at [email protected]

To protect the Website and the supporting computer systems from unauthorized use, and to ensure the computer systems are functioning properly, individuals accessing the Website are subject to having their activities monitored and recorded by OLM personnel and authorized parties. Network traffic is monitored to identify unauthorized attempts to access, upload or change information on the Website or otherwise conduct criminal activities. Anyone using the Website consents to such monitoring. OLM reserves the right, but is not required to (except where required by law) to report any illegal activity to any and all regulator, government and/or administrative authorities for prosecution. OLM reserves the right to work in connection with authorized law enforcement to assist in obtaining personal identifiable information. Please read our Privacy Policy for full details on how we collect information when visiting the OLM Website.

Privacy
See our Privacy Policy for our policies on privacy, which apply to these Terms and Conditions. By using the Website, you agree that you have read, understood, and agree to all policies contained in the Privacy Policy.

Copyright Ownership
All content included on the Website, including but not limited to text, graphics, photographs, logos, within third-party applications, and/or software, and all derivative rights thereof is the property of OLM 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 on the OLM’s Website is prohibited. OLM and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets. Also, we are unable to provide the native design files created by OLM.

Links to Other Website
Our Service may contain links to third party web sites or services that are not owned or controlled by OLM.

OLM. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their Website.

You acknowledge and agree that OLM 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 or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification
You agree to defend, indemnify and hold harmless OLM and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation of Liability
In no event shall OLM, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

OLM, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law
These Terms shall be governed and construed in accordance with the laws of Massachusetts, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Miscellaneous 
The failure of OLM to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If, for any reason, a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by OLM.

Contact
If you have any questions about this Agreement, please contact us at [email protected]