MarketLikeAWholesaler.com Terms of Service (“Terms”) and conditions of use
Last updated: January 11, 2016
Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using any services offered by the www.MarketLikeAWholesaler.com website (the “Service”, MLAW) operated by New Refined Images LLC ( “NRI” “us”, “we”, or “our”).
MarketLikeAWholesaler.com. is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (“Terms”). Your use of MarketLikeAWholesaler.com. constitutes your agreement to comply with all such Terms. Please read the Terms carefully, and keep a copy of them for your reference. The Site conveys information about MarketLikeAWholesaler.com’s products, services and markets. This Site also conveys industry-specific information and educational materials pertaining to the markets MarketLikeAWholesaler.com serves.
Privacy
Your use of MarketLikeAWholesaler.com. is subject to MarketLikeAWholesaler.com’s Privacy Policy. Please review this Policy, which also governs this Site and informs users of our data collection practices.
Purchases
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If a User submits a request on the Site to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method. We require each order to be fully paid, including shipping and handling fees, if applicable, before we complete an order. For the purposes of getting started on an order, we will consider a Check mailed with a tracking # received. We will not start working on a print job until your account is current.
Printing dates and shipping and / or mailing dates will be provided to the client showing the entire proposed schedule for a campaign. After a print job passes the Printing date for each week of a multi month Campaign, the customer is responsible for paying the entire amount of that print job along with applicable taxes and shipping/handling fees, unless otherwise noted.
Payment Policy
While we ordinarily receive payment in full before work begins. However, please note that we can and will set up payments as a courtesy to our clients which is essentially interest free financing.
We will accept a deposit equal to two months mailing plus the cost of the list in advance. The remainder of the total invoice will be spread into payments one month apart from each other. Our goal is to make a larger campaign more affordable as well as giving access to discount pricing only available for longer campaigns.
Payments are due on or before the due dates in the payment schedule sent with your Invoice. Payments are considered late and subject to late fees seven days from the due date. Late fees will accumulate at $25.00 per week.
Making your payments on time according to your schedule will be your responsibility. Market Like a Wholesaler is counting on you to remind yourself.
Should you choose to pause your scheduled and invoiced campaign in progress, you will still be responsible for making your payments on time. The maximum time allotted for an account Hold or Suspension is up to one month for a NON CURRENT account.. Current accounts may pause indefinitely without penalty. A pause or suspension longer than one month on a non current account can result in an order cancellation, voiding your discount and subjecting you to a cancellation fee.
Refund Policy
All sales are final. Since we customize each order according to your file and exact specifications, no refunds are given once MarketLikeAWholesaler.com starts working on your order, which means MarketLikeAWholesaler.com has received your necessary materials (i.e., digital files and payment) and has begun work on your job (i.e., your job is in production).
If we verify that we have made an error, we will re-run the order. We must be notified within 24 hours from delivery of any defects. In order to receive the replacement, customer must return 100% of the defective order at their expense within 5 days of their receipt. We will re-run the order with the original turnaround and send them out via the same paid shipping method. Shipping is non-refundable.
In some cases, a partial or full refund may be extended to the customer if no work has been completed by MarketLikeAWholesaler.com for a specific order. Such refund would be adjusted to cover any fees charged for proofs or other services associated with that order as well as merchant bank fees on credit card transactions.
Each order made from MarketLikeAWholesaler.com is a contract between you, as the customer making the order, and MarketLikeAWholesaler.com. The fact that you have made an order on behalf of a third party does not absolve you of liability to MarketLikeAWholesaler.com. As such, any decision by the third party not to accept the particular items printed or to cancel the order with you does not affect your liability to MarketLikeAWholesaler.com.
Cancellation Policy
MarketLikeAWholesaler.com constantly maintains materials inventory and staff, and schedules time on all equipment for orders that have been placed to ensure our ability to produce them at any certain time.
In the event a user breaks a multiple month commitment (for example setting up a 6 month campaign and quitting in the third month, or setting up a 3 month campaign only to quit after the first), any discount given for the longer commitment shall be made void and any fees that had been waived will be reinstated. Quitting a Campaign early shall be subject to a minimum Cancellation fee of $250.
Campaign Credits
Campaign credits are generated through attrition during the course of a campaign due to prospects calling in, return to sender (RTS) mail etc.. Those names are removed from future mailings resulting in a difference between letters paid for and letters sent.
When beginning a campaign, Market Like a Wholesaler either purchases a list of exactly the size ordered, or formats a list sent to us by a client. In either case, the list will result in the same number appearing on the user’s Invoice.
Market Like a Wholesaler does not replace the names as they are removed through attrition as this would lead to multiple micro campaigns impossible to manage. Instead, once the campaign is complete, Market Like a Wholesaler will complete an account reconciliation, tallying all mail sent and comparing to the amount paid for. The difference is credited to the User’s account for future use.
Campaign credits only arise from completed campaigns, not halted, paused, or otherwise “quit” campaigns. Campaign Credits may be used for future campaigns, lists or any other services that are provided by Market Like a Wholesaler. No cash refund will be given.
Campaign Credits are meant to be consumed within the same calendar year the credits are generated. Campaign Credits do not carry past December 31st of the year credits accrue without prior approval. While campaign strategy and unforeseen events can be a factor, Market Like a Wholesaler reserves the right to make exceptions to the carry over rule at it’s sole discretion on a case by case basis.
Shipping
All shipping is currently done via USPS Priority mail. Shipping transit times vary, and MarketLikeAWholesaler.com assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc. MarketLikeAWholesaler.com’s responsibility is limited to preparing your printing order and delivering it to USPS for shipping. Once a Tracking Number has been Issued, MLAW assumes no responsibility for lost or stolen packages. MarketLikeAWholesaler.com is not liable for damages which occur in shipping.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of New Refined Images LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of New Refined Images LLC.
All materials we create in producing your printed product are the property of MarketLikeAWholesaler.com. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product. Please note that your printed product or images used for your printed product may be used in any national advertising without your prior written consent.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. MarketLikeAWholesaler.com content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of MarketLikeAWholesaler.com and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MarketLikeAWholesaler.com or our licensors except as expressly authorized by these Terms.
Links to Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by New Refined Images LLC.
New Refined Images LLC 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 websites.
You acknowledge and agree that New Refined Images LLC 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 New Refined Images LLC 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, or b) a breach of these Terms.
Limitation of Liability
In no event shall New Refined Images LLC, 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.
New Refined Images LLC 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.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas, 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.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The most current version of the Terms will supersede all previous versions. NRI encourages you to periodically review the Terms to stay informed of our updates.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us.