Terms of Service

Terms of service

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the Open Letter Connect app (the “App”) operated by Open Letter Marketing, LLC (“us”, “we”, or “our”). Open Letter Connect is owned and operated by Open Letter Marketing, LLC.

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

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 us and our employees. We use HTTPS protocols, data encryption, and data sunsetting to protect your data on a secure network

Accounts and Membership

If you create an account on the App, you are responsible for maintaining the security of your account and are fully responsible for all activities that occur under the account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We may suspend, disable, or delete your account if we determine that you have violated any provision of this Agreement or that your conduct would damage our reputation and goodwill. We may block your email address and IP address to prevent further registration.

Billing and Payments

Payment Obligation:You are required to pay all fees and charges accrued in your account in accordance with the fees, charges, and billing terms in effect at the time such fees or charges are due and payable. Payments must be made without any deduction, set-off, or delay.

Auto-Renewal:If auto-renewal is enabled for the services you have subscribed to, you will be charged automatically according to the subscription term you selected, using the payment method on file.

Payment Method Requirement:You are required to provide valid credit card information to be stored in our platform. We reserve the right to charge the payment method on file at the end of each month or at the beginning of the following month for services rendered during that period.

High-Risk Transactions:If we determine, in our sole discretion, that your transaction is high-risk, you will be required to provide us with a copy of your valid government-issued photo identification and potentially a copy of a recent bank statement for the credit or debit card used for the purchase.

Right to Modify Pricing and Products:We reserve the right to modify or discontinue products and to adjust prices for our products and services at any time. Such changes will not affect charges incurred before the changes.

Order Refusal and Cancellation:We reserve the right to refuse any order you place with us and may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. Should we change or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, or phone number provided at the time the order was made.

Legal Compliance:You agree to comply with all applicable laws, rules, and regulations in your use of our services.

Disputes:Any disputes or discrepancies in billing must be reported to us within 60 days of the relevant charge. Failure to do so will constitute your acceptance of such charge.

Products

All sales are final. Wallet Funds are non-refundable.

Accuracy

Layout:You are 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to Open Letter Connect. Open Letter Connect is not responsible for any issues as to orientation or alignment of the pages of your submitted documents. By submitting the artwork to Open Letter Connect, you certify that you have the right to use the image(s) in your artwork files.

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/Materials:Open Letter Connect 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 Open Letter Connect 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. Open Letter Connect cannot guarantee that orders will be fulfilled using the same paper due to the nationwide paper shortage. Paper/materials may be inconsistent due to this.

All of our uploaded lists are Standardized and Validated. The +4 zip added to your Zip Code ensures the highest amount of deliverability and it also helps retain the leading 0 for Zip Codes which start with a 0. Open Letter Connect is not responsible for orders that are mailed without a leading 0 due to the customer asking for the +4 to be removed. We strongly urge all of our clients to keep the +4 on their Zip Codes.

Shipping and Delivery

Open Letter Connect 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 Open Letter Connect 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.), or an Open Letter Connect Company Holiday, 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, Open Letter Connect is no longer liable for damages caused by any service carrier. Open Letter Connect 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. Open Letter Connect 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] and include the order number.

Mailing Services and Mail Delivery

In no case will Open Letter Connect be liable for special, incidental, or consequential damages of any kind as a result of the mailing. Open Letter Connect’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. Open Letter Connect shall not be liable for USPS performance failures or delivery delays. Open Letter Connect accepts no responsibility for any additional services performed outside of Open Letter Connect, 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. Open Letter Connect does not claim to have expertise in legal compliance with such laws. Open Letter Connect 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)

Open Letter Connect 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 Open Letter Connect, is the exclusive property of the customer and shall be used only with the customer’s instructions. It is the customer's or customer's list vendors' responsibility to maintain a duplicate copy of its mailing list. Open Letter Connect 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.

Change of Address Updates

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

Indemnification, Damages

You agree to indemnify and hold Open Letter Connect 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 Open Letter Connect. 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 Open Letter Connect, 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 the customer to Open Letter Connect for its products and services. In no event will Open Letter Connect 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 Open Letter Connect, you: (i) represent and warrant that you have all necessary permission, right, and authority to place an order with Open Letter Connect; and (ii) are authorizing Open Letter Connect to print, mail, or distribute by electronic means any such order on your behalf. Any images/graphics, text, or other materials supplied to Open Letter Connect by the customer will remain the sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to Open Letter Connect. However, any additional materials created by Open Letter Connect 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 Open Letter Connect. Digital files of an Open Letter Connect assembled layout can be obtained upon the 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. Open Letter Connect reserves the right to reprint and distribute your finished job as an example of an Open Letter Connect 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 Open Letter Connect or by email to [email protected]. Amended 5/5/2023 – 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

Open Letter Connect reserves the right to terminate your account and access to the App and its services at any time. Termination by Open Letter Connect may include removal of access to the Service, deletion of your password, deletion of all related information and files, and 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 App and its services. If you become dissatisfied with the App, your sole and exclusive remedy is to immediately discontinue use of the App and discontinue ordering with Open Letter Connect.

Policy Changes

Please read “APP – 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 the date of the alleged breach by Open Letter Connect. You hereby waive any Statute of Limitations to the contrary. Please check our Terms and Conditions policy when visiting our App or ordering. Open Letter Connect reserves the right to change and adjust its Terms and Conditions.

App – Terms and Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using openletterconnect.com (the “App”) operated by Open Letter Connect (“OLC”, “us”, “we”, or “our”). By using the Service, you consent to the terms of this Agreement and to the terms of the Open Letter Connect Terms and Conditions posted on our App. If you do not agree to these Terms and Conditions, do not use any portion of the App.

Communications

When you visit our App 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 App. 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 App, you acknowledge that we and/or our third-party partners are authorized to copy and store such data for backup purposes and to access the same to the 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 App. 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 App 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.

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 App. 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 App 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.

Marketing Communications Consent

By creating an account with Open Letter Connect, you consent to receive marketing communications via emails, SMS, and phone. We believe in keeping you informed about our latest products, services, and offers that might interest you. Your privacy is important to us, and we commit to protecting your personal information in accordance with our Privacy Policy. You will always have the opportunity to opt-out of receiving these communications through the unsubscribe link provided in our emails or by contacting us directly to stop receiving SMS messages. Please note, this consent is part of our effort to provide you with the best possible service and experience.

Nonexclusive License

We grant you a nonexclusive, nontransferable, limited right to access and display the App and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions. No portion of the App may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Open Letter Connect. 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 Open Letter Connect without our express written consent. You may not use any Meta tags or any other “hidden text” utilizing Open Letter Connect’s name or trademarks without the express written consent of Open Letter Connect. Any unauthorized use terminates the license granted by Open Letter Connect. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of openletterconnect.com so long as the link does not portray Open Letter Connect, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Open Letter Connect 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 App or associated servers may result in criminal and/or civil prosecution under Federal, State, and local law. You may not use the App for anything other than lawful and legitimate business purposes. You are solely responsible for the content of any transmissions you make to the App or to any Open Letter Connect employee. By using this App, 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 App
• Send, post or otherwise publish through the App, 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 Open Letter Connect
• Advertise or solicit on or through the App without express written permission from Open Letter Connect
• Use the App for chain letters, 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 that is expressly prohibited by law.

Monitoring

If you use the App, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. By visiting this App you agree to accept responsibility for all activities that occur under your account or password. Open Letter Connect 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 Open Letter Connect has no obligation to monitor the App and is not responsible for the content of any messages, reviews, information, or files transmitted on the App, we reserve the right to delete and take other appropriate action with respect to such messages, information, or files with which Open Letter Connect, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions, including denying access to the App 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 Open Letter Connect for all claims resulting from content you supply. Open Letter Connect 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 App and the supporting computer systems from unauthorized use, and to ensure the computer systems are functioning properly, individuals accessing the App are subject to having their activities monitored and recorded by Open Letter Connect personnel and authorized parties. Network traffic is monitored to identify unauthorized attempts to access, upload, or change information on the App or otherwise conduct criminal activities. Anyone using the App consents to such monitoring. Open Letter Connect reserves the right, but is not required to (except where required by law) to report any illegal activity to any and all regulatory, government, and/or administrative authorities for prosecution. Open Letter Connect 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 Open Letter Connect App.

Privacy

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

Copyright Ownership

All content included on the App, 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 Open Letter Connect 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 Open Letter Connect’s App is prohibited. Open Letter Connect 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 Open Letter Connect.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Open Letter Connect. Open Letter Connect has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their App. You acknowledge and agree that Open Letter Connect 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 the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Open Letter Connect 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 Open Letter Connect, 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. Open Letter Connect, 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 Open Letter Connect 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 Open Letter Connect.

Contact

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