Proof & Approvals – Customer understands that the proof is displayed to them in real-time as they are completing the design process. Customer is responsible for reviewing the proof and approving it prior to completing their order. By placing an order, customer is acknowledging their approval of the proof.
Revisions & Changes – We are not responsible for correcting errors input by the customer in the original order entry. Occasionally, a customer will notice an error or change prior to their campaign being distributed. If the customer lets us know immediately, we can sometimes fix the change prior to their campaign being sent. We will make our best attempt to correct the issue in a timely manner, but no guarantees can be made. In addition, sometimes a campaign has been distributed and the customer then discovers an error or change they overlooked during the proofing process. We can make the change to the customer’s landing page on our website; however, the change will not affect emails that have been distributed. Refunds are not given for customer oversight during the design and proofing process.
Deliveries will be scheduled according to Customer’s request when approving the proof. Rush Orders can be delivered in as little as 90 minutes, where Standard Orders require a minimum of 48 hours.
Cancellations – If for any reason a Customer needs to cancel an order (i.e. property went under contract, cancel open house, etc.), the Customer needs to let us know immediately. We will make every effort to cancel the distribution, but no guarantees are made.A store credit will be issued for cancelled campaigns. No refunds are given.
In the event of an error where Send2Sell is at fault, our liability does not extend beyond the cost of the E-Flyer(s) and replacement of that E-Flyer(s). Our liability does not extend to any expenses incurred by the customer regarding any event promotion including, but not limited to food, signage, advertising, labor costs or time.
Delivery Areas – Customer understands that Send2Sell E-flyer delivery area agent counts are displayed in real-time and are subject to change without notice. Some of this can be due to subscribers unsubscribing from our service, new agents being added, etc.
Local Laws & MLS Rules & Regulations – The customer takes full responsibility to know and comply with any local laws and regulations, including but not limited to City, County, State, Realtor® Association and Local MLS rules concerning advertising requirements and disclosures.
Right to refuse service – Send2Sell reserves the right to refuse any order including but not limited to orders that we find offensive or that we feel our email recipients would find offensive.
Copyright – All product designs and elements are copyrighted by Send2Sell, including but not limited to objects, vectors, jpg files, gif files PDF files and html. Send2Sell Email Flyers may not be mass emailed by customers to their individual mailing lists, may not be duplicated or replicated or published in any manner without express written permission of Send2Sell. A customer may share their flyer on social media platforms. For each order you place, you represent that you have all rights necessary to grant Send2Sell the rights to use materials you provide in connection with your order, and that you grant Send2Sell an irrevocable, perpetual, worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit your order, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law.
Third Party Websites, Links & Products – If your flyer submission includes links to third-party products, services and Websites, Send2Sell does not endorse, and takes no responsibility for such products, services, and Web sites.
Subscribers Agree that as a subscriber to our service you are not allowed to copy, modify or distribute any information found on an E-flyer for commercial purposes, or contact agent or service provider or use any other contact information found on the E-Flyer for any commercial purpose other than that for which it was intended. The intended purpose of the E-Flyer is specifically to learn more about the listing or service in order to possibly sell that listing as a licensed real estate agent or use the service as was advertised or marketed on the E-Flyer. To protect our customers, using the contact information provided on an E-Flyer for any other commercial purpose is considered a violation of our Terms of Service and can be subject to litigation and damages of up to $20,000 per violation.
Intellectual Property Rights of Others – Send2Sell respects the intellectual property rights of others, and asks that everyone using our products and services do the same. Customers agree that they have the rights to any and all materials presented to Send2Sell to create and distribute their order.
Your Account – You should not share your Send2Sell user account login information with others. You are responsible for all changes made, orders entered and actions taken when logged into your account. If you decide to share your login with an assistant, secretary, etc, you are responsible for any orders they enter or charges they incur.
Intellectual Property – The Products & Services are the property of Send2Sell, and subject to the intellectual property rights of Send2Sell and its licensors. ©2017-2023 Send2Sell. All rights reserved.
No Warranty or Guarantee – SEND2SELL MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SEND2SELL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
LIABILITY LIMITATION; EXCLUSIVE REMEDY – IN NO EVENT WILL SEND2SELL OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST SEND2SELL OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.