NOTICE: Please read the following carefully before using the site or otherwise accessing any of the content or services available through the
site. By using the site, you accept the following terms and conditions. If you do not accept these terms and conditions, do not use the site or
otherwise access any of the content or services available through the site.
The Leo Graphic Design Creative Services, Inc. website (the "site") and all associated content and services accessible through the site are
provided by Leo Graphic Design Creative Services, Inc. ("Leo Graphic Design Creative Services"). Please note the following: (i) because
Leo Graphic Design Creative Services may update these terms and conditions at any time without notice to you, you should review these
terms and conditions from time to time (the most current version of these terms and conditions can be reviewed by clicking on the "Terms of
Use" hypertext link located at the bottom of the site's pages) and (ii) these terms and conditions include any other operating rules or policies
that may be published on the site by Leo Graphic Design Creative Services (collectively, the "TOU").
1. Copyright: All content included on the site (including text, graphics, logos, button icons, images, data compilations, and software)
("Content") is the property of Leo Graphic Design Creative Services (and as applicable, its licensors). 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 Leo
Graphic Design Creative Services.
2. Our Service: Leo Graphic Design Creative Services provides the service of composing, printing, and mailing direct mail marketing
materials as well as providing list and other information and materials to assist you in your marketing efforts (the "Services"). The Services
are available through the site and Leo Graphic Design Creative Services authorizes you to use the site and to access the Services; provided
you comply with the TOU. If you breach any of the terms of the TOU, your authorization to use the site and the Services automatically
terminates and you must immediately destroy any of the Content you have downloaded or otherwise obtained. Please note that in providing
the Services, Leo Graphic Design Creative Services neither makes any representation or guarantee as to the results you will achieve from
using the Services nor does it act as an agent, partner, joint venturer, or in any other capacity on your behalf or on behalf of the United States
Postal Service ("USPS"). Delivery time averages seven (7) to ten (10) business days, however Leo Graphic Design Creative Services makes
no guarantees in this respect. All issues related to delivery of mail are matters solely between the USPS and yourself.
3. User Conduct: You are solely responsible for the content and context of all items and materials you compose or otherwise distribute in
using the Services. You warrant and agree that, while accessing the site or any Content and during or as a result of using any Service, you
shall not:
1. harass, threaten, embarrass, or cause distress or discomfort upon another party;
2. transmit or otherwise distribute any information, data, text, files, links, software, messages, communications, or other materials that
may be considered unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or
otherwise objectionable;
3. impersonate any other person or entity or misrepresent your affiliation with any other person or entity;
4. violate any applicable laws, rules, or regulations or otherwise use the Services in any manner that violates any applicable laws,
rules, or regulations (including laws, rules, and regulations relating to unsolicited messages or calls and U.S. export requirements);
5. upload, publish, transmit, reproduce, or distribute in any way information, software, or other material that is protected by copyright or
other intellectual property rights, without first obtaining proper permission; and
6. upload, publish, transmit, reproduce, or distribute any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane,
threatening, abusive, or otherwise objectionable information of any kind (including any transmissions constituting or encouraging conduct
that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, rule, or regulation).
4. Refusal of Service: You understand that Leo Graphic Design Creative Services has no obligation to monitor your use of the Services and
the materials you develop with the Services. Leo Graphic Design Creative Services does, however, reserve the right to review the same and
to remove (and/or suspend the Services with respect to) any materials that Leo Graphic Design Creative Services believes (in its sole
discretion) are illegal or otherwise improper. Leo Graphic Design Creative Services also reserves the right, in its sole discretion, to require
proof that you are authorized to distribute the content developed with the Services.
5. Use of Software: All software is made available for you to use solely in accordance with the TOU. You may not reproduce, modify,
distribute, or otherwise make available the software to any third party. Further, you may not use the software in a service bureau or other
similar manner for the benefit of any third party. Any use of the software not in accordance with the TOU is expressly prohibited by law, and
may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Any software which is
downloaded or otherwise accessed on the site for or on behalf of the United States of America, its agencies and/or instrumentalities ("U.S.
Government"), is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth
in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Leo Graphic Design
Creative Services, Inc., 2942 Scott Blvd., Santa Clara, CA 95054. Without limiting the foregoing, copying or reproduction of the software to
any other server or location for further use, reproduction, or redistribution is expressly prohibited.
6. Disclaimers; Liability: Although Leo Graphic Design Creative Services believes that the site, the Content, and the Services are reliable
and fully available, Leo Graphic Design Creative Services makes no guarantees with respect to any of the foregoing. Consequently, THE
SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES ARE PROVIDED "AS IS" AND Leo Graphic Design Creative
Services HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE, THE SOFTWARE, AND ALL OTHER
CONTENT AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY (WHETHER EXPRESS,
IMPLIED, OR STATUTORY), FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FURTHER, Leo Graphic Design Creative Services DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SITE OR THE SERVICES IN TERMS OF CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE SITE, THE SERVICES, OR
ANY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. Leo Graphic Design Creative Services EXPRESSLY
DISCLAIMS ANY WARRANTIES NOT STATED HEREIN. To the maximum extent permitted by applicable law, in no event shall Leo Graphic
Design Creative Services (including its directors, officers, employees, and agents) 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 the use or inability to use the site, the Services, or any of the software) even if Leo Graphic
Design Creative Services has been advised of the possibility of such damages. You acknowledge that the applicable fees and prices reflect
this allocation of risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental
damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable for any reason, then in no event shall
Leo Graphic Design Creative Service's liability to you for any matter arising under or relating to your use of the site, the Content, or the
Services exceed the total amount you paid to Leo Graphic Design Creative Services with respect to the particular Services giving rise to the
claim.
7. National Do Not Call Registry: With respect to any Services relating to the provision of phone number lists for telemarketing purposes,
you acknowledge and agree that: (i) although, Leo Graphic Design Creative Services makes reasonable efforts to validate its telemarketing
data (including comparing the same against the National Do Not Call Registry on a quarterly basis), you are solely responsible for confirming
and validating all numbers against applicable "Do Not Call" registries before using the same and (ii) you are solely responsible for complying
in all respects with all applicable federal and state telemarketing laws, rules, and regulations. Consequently, you are strongly encouraged to
register with the National Do Not Call Registry for the purpose of personally verifying list compliance.
8. Modifications to Site: Leo Graphic Design Creative Services reserves the right, for any reason, at its sole discretion, and without notice
to (i) terminate, change, suspend or discontinue any aspect of the Services, the Content, and the site (including features and hours of
availability) and (ii) impose limits on certain features of the site or restrict your access to part or all of the site.
9. User Information: As part of your use of the site, you may provide certain information to Leo Graphic Design Creative Services or other
users of the site. Except for applicable credit card and related information, any information or material you transmit to the site or otherwise
provide to Leo Graphic Design Creative Services is considered non-confidential and non-proprietary and Leo Graphic Design Creative
Services has no obligations of confidentiality with respect to the same. You agree that the party receiving that information 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. For more information on Leo Graphic Design Creative Services's information use policy, please read our
Privacy Policy.
10. Links to Other Sites: Links to third party websites on the site are provided solely as a convenience to you. If you use these links, you
will leave the site. Leo Graphic Design Creative Services does not control and is not responsible for any of these third party sites or their
content. Thus, Leo Graphic Design Creative Services does not endorse or make any representations about them, any information, software,
or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party
sites linked to the site, you do so entirely at your own risk.
11. Billing: If any of the Services requires you to open an account, you must complete the registration process by providing us with
current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a user
name. You are entirely responsible for maintaining the confidentiality of your 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 Leo Graphic Design
Creative Services or another party due to someone else using your account or password. You may not use anyone else's account at any
time, without the permission of the account holder. Orders are billed according to arrangements determined by your enrollment and/or
company mailing program. Your credit card will be billed for any charges that are your responsibility. Leo Graphic Design Creative Services
makes every effort to ensure accurate pricing, but pricing errors may occur. By submitting an enrollment or order you agree to pay the price
in effect for the applicable Service you are ordering. For pricing questions please contact us within 60 days of the applicable enrollment or
order placement. Please review your order information carefully before placing your order. Once placed, orders cannot be changed or
cancelled.
12. Indemnification: You shall indemnify, defend, and hold Leo Graphic Design Creative Services, its officers, directors, employees, and
agents harmless from and against any and all claims, losses, damages, liabilities, judgments, and fees and expenses related thereto
(including attorneys' fees), arising out of, based upon, or resulting from, any breach or violation by you of the TOU or any use by you of the
site or the Services. Leo Graphic Design Creative Services reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you. In no event, however, shall you settle or otherwise dispose of any such
matter without the prior written consent of Leo Graphic Design Creative Services.
13. Site Administration: Leo Graphic Design Creative Services administers the site from its offices in Santa Clara, California. Leo Graphic
Design Creative Services makes no representation that the site, the Content, or any Services are appropriate or available for use outside
the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export
the materials at the site or any copy or adaptation in violation of any applicable laws or regulations (including U.S. export laws and
regulations). If you choose to access the site from outside the United States, you do so on your own initiative and are responsible for
compliance with applicable local laws.
14. General Provisions: The TOU comprises the entire agreement between you and Leo Graphic Design Creative Services and supersedes
all prior agreements between the parties, regarding the subject matter contained herein. If you become dissatisfied with the site, the
Content, or the Services in any way, your sole recourse is to immediately discontinue use of the same. If any provision of the TOU is held by
a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so
as to effect the intent of such provision and the remainder of the TOU shall continue in full force and effect. The failure by Leo Graphic
Design Creative Services to exercise or enforce any rights or provisions of the TOU shall not constitute a waiver of such right or provision.
You agree that any cause of action arising out of, or related to, the site, the Content, or any Services must commence within one (1) year
after the cause of action arose; otherwise, such cause of action is permanently barred. The TOU will be governed by and construed in
accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws, all matters arising hereunder
shall be exclusively venued in Santa Clara County, California, and you agree to the exclusive jurisdiction of the state and federal courts
located in Santa Clara County, California. All provisions in the TOU regarding representations and warranties, indemnification, disclaimers,
and limitations on liability shall survive any termination of the TOU or your use of the site, the Content, or the Services. Where the context so
indicates, a word in the singular form shall include the plural, a word in the masculine form the feminine, and vice-versa. The term "include"
and similar terms (e.g., includes, including, included, comprises, comprising, such as, e.g., for example), when used as part of a phrase
including one or more specific items, are used by way of example and not of limitation.
15. For more information: please contact us.
