1. PRINT AND MAILING MATERIALS (Flyers, Postcards etc.)

a. Realtors - Pick out one of our templates, customize information with own text and graphics as you wish, check out, and pay. All of this is done on-line, with the option to pay by all major credit cards and by check.

No refunds once order has been confirmed, which means once it has been placed and paid for in full.
You are fully responsible for the accuracy of your layouts - you may view a proof of your layout by clicking on the preview button on the website, clicking on the link in the shopping cart or by clicking on the link in your order confirmation receipt email. You must certify that you own the rights to use any content you contribute for reproduction on your postcards. You are responsible for the accuracy of your own database list.

Copyrights to all postcards authored at our site are the property of Web U.S. Mail. This includes typeset, layouts and color separations. Your use of this content is pursuant to license specific to you and/or your company. These materials will not be sold or given to any other party.
We reserve the right to distribute free samples of your postcard. Their images will not be used in any national advertising without your prior written consent.

b. Web U.S. Mail - Once your order is received (namely, conceived and paid for), you will be notified via e-mail of the order going into production, once the order is shipped or brought to the post office you will be notified via e-mail.

We are not responsible for any delays due to missing art, logos, images, or anything else you provide.
Post Cards:

Please note: we can only guarantee deliveries to the post office, we cannot guarantee and/or assure delivery of your postcards by the Post Office. On 3rd class mail (bulk mail, standard A) the post office has up to 21 days to deliver your mail to the recipients, this is the Post Office regulations and not Web U.S. Mail, Inc. You may request proof of delivery to the Post Office by emailing or writing us. What we will send to you is a copy of the stamped certification (3602 form) of the mailings from the Post Office, this normally takes a week after the delivery of the mailings. We keep the original form (3602) on file to protect ourselves.

Mailing out - If you send us a certain amount of records (let's say 1,000 for instance) and only a portion (950 for instance) are capable of being mailed (all others may have been either duplicates or incorrectly addressed), you will still be charged for all the records (namely, 1000).

2. FLYER VIA THE WEB

a. Realtors - Pick out template, customize information, check out, and pay. All of this is done on-line with option to pay by all major credit cards and by check. No refunds once order has been confirmed, which means once it has been placed and paid for in full. Choose the area(s) and the amount of records you want to broadcast e-mail to and then submit the order.

b. Web U.S. Mail - Once order is received, we broadcast e-mail to the selected areas with the quantity requested.



3. PROVISIONS APPLICABLE TO BOTH NUMBER 1 AND 2

a. Right of Refusal - We reserve the right to refuse to fill any order, which our affiliates or we deem in our sole discretion to contain anything which is pornographic, obscene, immoral, even potentially illegal, or can expose our affiliates or ourselves to liability or prejudice of any kind.

b. Obligation to Control Content - By virtue of placing an order with us, you agree that you will not reproduce any such objectionable material with the service offered at this web site.

c. Indemnification - You will indemnify us against any and all claims made by third parties regarding any material that you do provide, regardless of its character.

d. Intellectual Property Rights - The works of authorship contained in or downloadable from this web site, including but not limited to all design, text, and images, are protected by copyrights owned by or licensed to Web U. S. Mail, and may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without prior written consent, except that you as our customer may make such temporary copies in a single computer's RAM and hard drive cache as are necessary to browse the web site, and you as our customer may make one permanent printout of each page of the web site (unmodified in form, with a copy of this provision attached as your 'User Agreement') to be used by you for personal and non-commercial uses which do not harm the reputation of the web site owner, Web U. S. Mail, or its affiliates. Elements of this web site are also protected by trademark, trade dress and other laws and may not be reproduced, whether identically or in a confusingly similar manner, in whole or in part on other web sites or otherwise. Certain software downloads or other content may be only used for the limited purposes delineated in a license agreement on this web site, which makes express reference to the software or content by name.

e. Disclaimer - Web U.S. Mail disclaims to the maximum extent permitted by law all warranties (whether express or implied, including but not limited to merchant ability and fitness for purpose) regarding products and services that are procured at our web site. Everything at our web site is offered 'as is'. Pricing, graphics, software, and information published on our web site, in our buying guides or in any other form or location are constantly updated and therefore not necessarily accurate, current or complete, except as they are expressly incorporated by agreement with Web U. S. Mail. We reserve the right to change any and all of this data after such agreement is consummated subject.

f. Hold Harmless - By virtue of using our web site, you hold our affiliates and ourselves harmless for any actions taken against you by third parties, and under no circumstances will you implicate us in such actions or call upon us for reimbursement or indemnification of any kind.

g. Preliminary Work - You will be charged for all work that we carry out, whether in final form or not.

h. Supply of Design Data - At our sole discretion, a charge may be made to cover any additional work involved where the design data supplied or specified is not clear, legible, or in the prescribed format/specification to produce satisfactory results. You will be notified in such cases before we proceed with said work. Where you then insist that we use such design data, we bear no responsibility for the quality of work compromised by defects in the supply, format or specification. Where we are aware of defects in the data that are so severe that they cannot be remedied, we will halt further processing, notify you, and await your instructions. If we don't hear from you after 30 days, the job will be said completed and without refund to you.

i. Proofs - Proofs of all work will be submitted for your approval and we shall incur no liability for any errors not corrected and communicated at this time. You will be charged extra for any alterations and additional proofs necessitated thereby after we notify you of pricing and receive your approval to proceed.

j. Copyrights - Copyrights covering General Artwork, Commissioned Artwork and Illustrations in your postcards and flyers belong to Web U.S. Mail, except where the whole printed product design is uploaded, sent to us by you, or designed by you using our web design software, without reference to any content available at our web site. You shall be responsible for clear title to all the design data you supply. You should obtain the necessary authority to reproduce pictures, artwork, photographs, logos and anything else that belongs to another. You will indemnify us, our affiliates, and agents for defending and/or paying any claim arising from your failure to procure such rights. Copyrights covering web site content, design, and software belong to Web U.S. Mail or its partners. Reproduction of this content without our written permission is only allowed to the extent it is the result of the proper use of the on line designer tool software.

k. Company Imprint - Unless otherwise specifically requested in writing not to include, all designs may carry our company imprint consisting of "Printed/Mailed by Web U.S. Mail" or "Web US Mail" which will be positioned at our discretion.

l. Overtime - Should you order and we agree to expedited delivery in writing, you will be charged extra for this service in accordance with the notification of costs you must first agree to.

m. Suspended Work - Should work be suspended at your request in writing or delayed in any way because of your action or inaction for a period of 30 days, the job is considered complete. Any re-activation will be considered new work and you will be charged for a new project.

n. Customer's Property Risks - All property supplied to us by or on behalf of yourself shall, while it is in our possession or in transit to or from you, be deemed to be at your risk of harm unless otherwise agreed to in writing. You should accordingly arrange for insurance coverage.

o. Storage - You will be charged for the storage of any of your property left with us where there is no receipt of an order or after notification to you of completion of the work. We will bill you at our discretion and disclose the storage rate upon receipt of your written inquiry of such matter.

p. Materials/Data You Provide - We may reject any paper, plates, data, media or other materials supplied or specified by you, which appear to us to be unsuitable. Any additional costs we incur if such unsuitability is found will be passed on to you. You assume the risk that work product may be compromised because of such unsuitability. Web U. S. Mail bears no responsibility in such cases.

q. Insolvency - In the event that you cease to pay debts in the ordinary course of business or cannot pay debts as they become due or are adjudged unable to pay your debts or have a winding-up petition issued against you or file for bankruptcy or have a bankruptcy petition issued against you, we without prejudice to other remedies shall (i) reserve the right to stop all current work and to refuse new work from you, while charging for work already carried out (whether completed or not) and materials purchased for your job; such charge is to be an immediate debt due and owing to us, and (ii) in respect of all unpaid debts due from you, we may dispose all goods and property of yours in our possession (whether worked on or not), applying proceeds if any to the debt, and you shall indemnify us for any costs and damages we face because of such action. Alternatively, should we proceed further with your current and future work under such circumstances, we will be entitled to charge at such price as we think fit and to apply the proceeds towards your outstanding debts.

r. Illegal Matter - We shall not print or design any matter in accordance with your work order, which in our opinion is or may be of an illegal or libelous nature or any infringement of the proprietary or other rights of any third party.

s. Indemnification - You shall indemnify us for all claims and expenses we pay arising out of any libelous matter or any infringement of copyright, trademark, patent, design, or any other proprietary or personal rights contained in any material you have us print. The indemnity shall extend to any amounts paid on a lawyer's advice in settlement of any claim, and includes any and all legal fees.

t. Force Majeure - We shall incur no liability whatsoever by virtue of not being able to carry out any provision of the contract for any reason beyond our control, including (without limiting the foregoing) Acts of God, legislation, war, fire, flood, drought, power failure, lock-outs, strikes or other actions taken by employees in contemplation or furtherance of a dispute, or owing to any inability to procure materials required for the performance of your job. During such a contingency, you may by written notice to us elect to cancel your order and pay for work done and materials used, accepting delivery of what product there is whenever we are able to make it available.

u. Controlling Law - Transactions between Web U. S. Mail and you our customers are controlled by California law. These 'Terms and Conditions' shall be governed by and construed under the laws of the State of California, without regard to principles of conflicts of law and shall be binding on the parties hereto in the United States and worldwide. We and you our customers expressly consent to the exclusive jurisdiction of the courts of California, and to venue within Orange County, California for the adjudication or disposition of any claim, action or dispute arising out of this agreement. The Uniform Electronic Transactions Act is adopted for business carried out at this web site. We the parties to these 'Terms and Conditions' expressly exclude this transaction from operation of the Uniform Computer Information Transactions Act to the extent it is applicable to transactions herein.

v. Successors and Assigns - These 'Terms and Conditions' shall be binding upon us, and our respective successors and assigns.

w. Waiver and Severability - Failure to enforce any provisions of these 'Terms and Conditions' shall not constitute a waiver of any terms hereof. If any provision of this agreement is determined to be invalid by a court of competent jurisdiction, then it is to that extent deemed omitted and the balance of these 'Terms and Conditions' shall be enforceable.

x. Interpretation and Extension - If these 'Terms and Conditions' or any one or more of them shall for any reason be held excessively broad to time, scope, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law as it shall then exist. No amendment, change, waiver or discharge hereof shall otherwise be valid unless in writing and signed by us both.

y. Acceptance - You will need to check off the 'accept' button, attesting to the fact that you have read, understand, and agree to these 'Terms and Conditions'.