Continuity Programs Website Terms and Conditions
IMPORTANT, PLEASE READ CAREFULLY: In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions and any or all Agreements: "Online-Customer", “Account” and “You” refers to you, the person accessing this website and accepting Continuity Programs’ terms and conditions. "CPI", “We” and "Us", refers to Continuity Programs, Inc.
By registering as a user of CPI’s website, you agree to follow and be bound by these terms and conditions. You are permitted to use this website as set forth below only upon the condition that you accept all of the terms contained in these terms of service (the "agreement").
If you click the checkbox on the sign up page and the submit button, you indicate your agreement to the terms set forth below. If you do not agree, or do not have authority to agree to these terms, please exit the registration and cease use of this website. If you are entering into this agreement on behalf of a company, you represent and warrant that you have authority to enter into this agreement on behalf of the company and to bind the company to all of the terms and conditions hereof. Any use, reproduction or distribution of any materials on this website by you or by a third party on your behalf constitutes your acceptance of this agreement.
If your company has entered into a corporate/enterprise agreement with CPI, you will be bound by applicable additional terms contained in that corporate/enterprise agreement. If any terms of the corporate/enterprise agreement conflict with the terms of this agreement, the terms of the corporate/enterprise agreement shall govern.
This is a legal Agreement made between Continuity Programs, Inc., (“CPI”), a Michigan Corporation located at 8451 Boulder Court, P.O. Box 8003, Walled Lake, MI 48390 and the Subscriber.
This Agreement sets forth the terms and conditions under which CPI will provide an Account to Online-Customer for use as outlined in this Agreement, in the form of various marketing services, including: print and direct mail, web-to-print, and any optional, other marketing media/services for the Online-Customer. Online-Customer may order any of CPI’s standard product offerings through this website. By ordering any of CPI’s standard product offerings, Online-Customer agrees to have read and understood what is included in the specific product(s) on the website.
CPI reserves the right to make changes to this Agreement and to the services offered at any time without prior notice. You should review these Terms and Conditions, each time you access the website.
1. Description of Print & Direct Mail and Web-To-Print Services
Direct mail is sent out by CPI on behalf of the Online-Customer. Direct mail will include (when provided) Online-Customer contact information and Online-Customer photo and logo. Postage-paid return Items (envelopes or detachable cards) are included in some of the products.
Online-Customer acknowledges it is Online-Customer’s responsibility to verify the content of each order placed on this website, including spelling, accuracy, resolution of images uploaded, and recipient data uploaded. Online-Customer must check the “Proof is approved” checkbox to complete the order. Checking the “Proof is approved” checkbox gives CPI final approval to print the order. Online-Customer understands that each order will be printed exactly as it appears on the proof and that reprints due to errors, omissions, or poor print quality photos being uploaded, will be at Online-Customer’s expense.
Online-Customer further acknowledges that due to variance in monitor calibrations, the onscreen color representations are not necessarily precise representations of the actual colors that will print.
Certain industries and/or states require companies and agents to include license number information on all advertising materials. It is the Online-Customer’s responsibility to know what laws apply to them, and to abide by any such laws.
All mailing delivery dates are estimates, not guarantees. CPI’s responsibility is limited to preparing Online-Customer’s mailing and completing delivery to the U.S. Postal Service (“USPS”). In no event shall CPI be liable for USPS performance failures or delivery delays. CPI also will not be liable to Online-Customer or any third party for any additional services performed outside of CPI, including but not limited to other third party mail delivery services. If the Online-Customer uploads a recipient list for a print & direct mail product, CPI will utilize industry best practices to standardize the addresses for delivery through USPS.
Postage is never refundable once the mail piece has been processed for mailing. In no case will CPI be liable to Online-Customer for loss of 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 CPI to perform services, or otherwise.
Postal regulations are subject to change, and Online-Customer is ultimately responsible for complying with current mailing restrictions. Please note that we have created file preparation guidelines and product templates to assist you in creating print-ready files.
CPI reserves the right, in CPI’s sole discretion, to refuse to accept any order or to terminate any print run prior to completion at any time and for any reason. Online-Customer agrees that CPI shall have no liability of any kind to Online-Customer or to any third party arising from such refusal or termination.
Online-Customer agrees that the shipping terms for all Web-To-Print products are FOB shipping point and ownership transfers to the Online-Customer upon shipment. This means that the risk of loss and title for such items pass to Online-Customer upon CPI’s delivery to the carrier. For any product that is to be provided to the customer in an electronic format, the Online-Customer agrees that delivery of such product shall be deemed to have occurred either (a) at the time CPI transmits the product via email or other electronic communication addressed to the Online-Customer or (b) at the time CPI transmits a notification to the Online-Customer that the product is available for downloading from the website.
2. Fees / Invoicing / Payment
Online-Customer agrees to pay CPI for each product or service ordered via a credit card. Credit cards accepted include Visa, MasterCard, Discover and American Express. All fees are non-refundable. All sales are final.
Should Online-Customer elect to customize their Account and/or Program beyond what is offered and included by CPI in its standard product service offerings, Online-Customer agrees to pay for Graphic Design Service Fees at the rate of $85.00 (Eighty Five and 00/100 Dollars) per hour and/or Programming Fees at the rate of $150.00 (One Hundred Fifty and 00/100 Dollars) per hour.
CPI has the right to discontinue, suspend or cancel any and all portions of the Account and services without additional notice if Online-Customer’s credit card is denied or expired.
Online-Customer may choose to inactivate any of their Recipient Data records from the product marketing campaigns. Monies shall not be refunded or returned to Online-Customer upon an inactivation of their Recipient Data records.
3. Adjustment of Fees
Upon 60 (sixty) days notice to Online-Customer, and for any reason, including an increase in postage costs, CPI reserves the right to increase or decrease the fees associated with the fulfillment of the product(s) and/or the maintenance of the Account. CPI may give notice by means of a general notice on CPI's web site, portal, electronic mail or postal mail to Online-Customer 's e-mail or physical address on record in CPI's system.
4. Use & Responsibilities of Parties
Upon successful sign up and agreement of the terms contained herein, CPI will activate the Online-Customer’s Account.
Recipient Data is supplied by Online-Customer to CPI and consists of the recipient name, recipient address, recipient city, recipient state, recipient zip code, and recipient email address. Recipient Data could also consist of recipient phone number, recipient birth date, and other transactional related data. Online-Customer agrees that it will not transmit sensitive Recipient Data to CPI including but not limited to recipient social security numbers, credit scores, ethnicity, etc.
Online-Customer will furnish all Recipient Data information needed to fulfill each product, and all information will be legible / decipherable. CPI is to receive all Recipient Data from Online-Customer via the website. In the event Online-Customer has technical difficulties with the website, Recipient Data may be e-mailed to CPI at firstname.lastname@example.org. Illegible or incomplete Recipient Data will not be input or processed until CPI receives information from Online-Customer that is necessary to fulfill the product. The Online-Customer may elect to have CPI build its database, and will be responsible for the additional cost per record to build such database.
All Recipient Data submitted will only be used for the products described in this Agreement or unless otherwise directed in writing by the Online-Customer. CPI acknowledges that the Online-Customer’s recipient list is an asset of the Online-Customer. CPI agrees to maintain the confidentiality of the Online-Customer’s recipient list and will not disclose or disseminate same other than as required to fulfill CPI’s obligations hereunder.
Online-Customer agrees to receive informational and promotional emails from CPI, provided that there is an opt-out option included in each email sent by CPI. It shall be the Online-Customer’s responsibility to opt-out from such email notifications sent by CPI to Online-Customer.
Furthermore, Online-Customer grants CPI the right to use Online-Customer’s Company Name and Logo on CPI’s website and in CPI’s Sales Collateral, Marketing Materials, Social Media, and/or case studies.
5. Intellectual Property Notices
Online-Customer hereby acknowledges the following proprietary notices and legends: Elements of the products are protected by copyright, trademark and other intellectual and industrial property laws and may not be copied or imitated in whole or in part except as provided in this Agreement. No data, logo, graphic, text or image from the website and/or store may be copied or retransmitted unless expressly permitted by CPI.
CPI and Online-Customer acknowledge that, in the course of their dealings hereunder, each may acquire confidential information about the other. For the purpose of this Agreement, “Confidential Information” means any information presented to the other party in any form or format, excluding information which has been publicly disclosed by either party, or which becomes generally known in the trade through no fault of the receiving party. Online-Customer agrees that the techniques used to create the reports and information sent to Online-Customer as part of the product, as well as the pricing of the product to Online-Customer, is Confidential Information. Each party agrees that it will not disclose to any third party information disclosed to it by the other, and agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other party in its possession or control, which will in no event be less than the measures it uses to maintain the confidentiality of its own information of similar importance.
7. No Warranties
CPI provides services and data on an ‘as is’ basis with no warranties, and hereby disclaims all warranties whether express, implied or statutory, including the implied warranties of merchantability, quality, and fitness for a particular purpose, and any warranties arising from a course of dealing, course of performance, trade usage, or trade practice. CPI does not warrant that the data will be error free, or that any errors regarding the quality of data will be corrected.
8. Compliance with All Applicable Laws & Regulations
Online-Customer agrees to comply with all applicable laws in connection with use of the products. It is the Online-Customer’s responsibility to adhere to any and all Laws and Regulations. Specifically, Online-Customer agrees that it is wholly responsible for compliance with all applicable laws and regulations including but not limited to: the Telephone Consumer Protection Act of 1991, the FTC National Do-Not-Call Registry, the Real Estate Settlement Procedures Act (RESPA), the CANSPAM Act of 2003, the Dodd-Frank Bill, the S.A.F.E. Mortgage Licensing Act of 2008, and any State and / or Local Do-Not-Call / Mail / Solicit requirements.
Online-Customer shall hold harmless and indemnify CPI for any and all claims, suits, damages, losses, costs and expenses (including reasonable attorney fees) arising or resulting from any inaccuracies, errors and/or omissions in the Recipient Data submitted by Online-Customer or its representatives. Furthermore, Online-Customer shall hold harmless and indemnify CPI for any and all claims, suits, damages, losses, costs and expenses (including reasonable attorney fees) arising or resulting from any disputes that may arise between Online-Customer and Online-Customer’s company. Should any dispute arise between Online-Customer and Online-Customer’s company, including dispute as to which party is the owner of any Recipient Data, use of company logos, or any other matter, CPI will not be liable or responsible in any way.
Online-Customer acknowledges that CPI will be sending print mail to the Online-Customer’s recipients as contemplated under this Agreement. By using this website, the Online-Customer represents and warrants to CPI that CPI’s communications to Online-Customer’s recipients will not violate any applicable law, rule or regulation, Federal or state, and Online-Customer shall indemnify and hold CPI harmless from all claims, suits, damages, losses, costs and expenses (including attorney fees) resulting from the print mail being sent by CPI to Online-Customer’s recipients.
Failure or delay by either party to enforce compliance with any term or condition of this Agreement shall not constitute a waiver of such term or condition. A waiver of any breach or default under this Agreement shall not constitute a waiver of any subsequent breach or default. No modification or amendment of this Agreement shall be binding unless in writing and signed by the party sought to be bound. If any term or provision of this Agreement, or the application thereof, shall to any extent be invalid or unenforceable, and the intent of the parties hereto in entering into this Agreement is not materially frustrated or negated thereby, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is invalid or unenforceable, shall not be affected thereby, and shall be enforced to the full extent permitted by law. Each of the parties hereby acknowledges that it has read this Agreement and understands and agrees to be bound by its terms and conditions. This Agreement is the complete and exclusive statement of the Agreement between the parties hereto which supersedes all prior Agreements, offers, proposals, understandings and other communications between the parties hereto, oral or written, regarding the subject matter of the products hereof.
11. Resolution of Disputes
Any disputes or differences between CPI and Online-Customer to which an amicable understanding cannot be reached shall be decided by binding arbitration. Unless otherwise specified herein, the arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). No punitive, consequential, incidental or special damages of any kind shall be awarded in, under, or as a part of any arbitration proceeding. The arbitration proceeding shall be held in Oakland County, Michigan. The arbitrators are not bound by any rules of law or evidence, provided, however, that they shall give effect to statutes of limitation in determining whether any claim or issue is arbitrable. The arbitrators may include interest on any amount awarded in arbitration. The arbitrators shall decide by a majority vote and from their written decision there can be no appeal. The final arbitrators’ decision shall be rendered within 60 (sixty) days after notice of a dispute is received by either party and the decision may be enforced in any state or federal court of competent jurisdiction. The cost of arbitration, including the fees of the arbitrators, shall be borne by the losing party unless the arbitrators shall otherwise decide.
12. Cancellation and Termination
The Online-Customer or CPI may terminate this Agreement at anytime for any reason, with or without cause, by providing the other party with a cancellation notice. Online-Customer may give cancellation notice to CPI (such notice shall be deemed given when received by CPI) at any time by any of the following: phone 800-521-0026, electronic mail to email@example.com or by first class prepaid mail to CPI at Continuity Programs, P.O. Box 8003, Walled Lake, MI 48390.
13. Entire Agreement
This Agreement constitutes the entire understanding and Agreement between the parties; it is subject to cancellation only as provided above.