Acceptance of the Terms and condition
The following terms and conditions (“Terms and Conditions”), govern your access to and use of the Avizion360’ LLC Postcard advertising services.
Please read the Terms and Conditions carefully before you start to use the Avizion360’ LLC Swag Bag Postcard advertising services. By using the Avizion360’ LLC Postcard advertising services you accept and agree to be bound and abide by these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not access or use Avizion360’ LLC postcard advertising and you should cancel any open orders immediately by contacting Avizion360’ LLC
Services Provided
Service Provider agrees to provide postcard marketing services to the Client through Avizoion360’ Postcard Advertising service.
Avizion360’ advertising comes with risk. Avizion360’ LLC does not guarantee results from a Swag Bag Postcard Advertising campaign. Customer acknowledges that Avizion360’ LLC responsibility is limited to designing and completing delivery to the agreed target audience.
Terms of Sale
Except as expressly provided otherwise, all Sales are Final.
No refunds are available on orders unless art files have NOT been submitted to customer service or sent to press. On jobs that meet the above criteria, you must contact Avizion360’ LLC within 30 days to request your refund. Any refund requests approved after 30 days will be issued as a credit toward the next order.
All refunds are subject to a 5% processing fee.
You acknowledge that Avizion360 LLC may place and print a small code on a customer’s print piece to help ensure accurate processing.
If a payment declines and is unable to be processed within 3 business days of Avizion360, contacting you about the declined payment, your postcard will be dropped from inclusion the postcard Advertising promotion.
Avizion36’® cannot take responsibility for typing, image quality, or design errors on user-submitted artwork.
You must notify Avizion360’, LLC within 2 business days of proof acceptance of any typing, image quality, or design errors discovered in the proof, or the claim will be denied.
All charges related to the postcard creation and printing are NOT REFUNDABLE after the process has begun
Term
This Agreement shall commence on the Effective Date and shall continue until the services are completed, unless terminated earlier in accordance with the terms herein.
Payment
Client authorizes Service Provider to charge the credit card provided below for all fees and charges associated with the services provided under this Agreement. Client understands that charges will be processed on the following schedule:
Termination
Either party may terminate this Agreement with written notice to the other party any time prior to the design of the postcard. Once the design of the postcard commences this agreement can’t be terminated.
Confidentiality
Both parties agree to maintain the confidentiality of any proprietary or confidential information received from the other party during this Agreement.
Limitation Of Liability
IN NO EVENT SHALL Avizion360 LLC ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUPPLIERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS HAVE ANY LIABILITY TO YOU UNDER THESE TERMS OF USE FROM THE USE (OR ATTEMPTED USE) OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Avizion360 LLC ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM LOSS OR INTERRUPTION OF BUSINESS, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF ANTICIPATED BENEFITS, LOSS OF BUSINESS INFORMATION OR DATA, CORRUPTION AND THE LIKE), ERRORS, MISTAKES OR INACCURACIES IN ANY CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, UNAUTHORIZED ACCESS TO THE WEBSITE OR TO PERSONALLY IDENTIFIABLE INFORMATION OR FINANCIAL INFORMATION STORED ON OUR SERVERS, ANY INTERRUPTION OR TERMINATION OF THE WEBSITE OR YOUR ACCESS TO THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT ARE TRANSMITTED BY OR THROUGH THE WEBSITE OR ANY THIRD PARTY WEB SITE LINKED THROUGH THE WEBSITE, ARISING OUT OF ANY LEGAL OR EQUITABLE THEORY, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF Avizion360 LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE AVIZION360’ LLC SERVICES OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING AVIZION360’ SERVICES.
Governing Law and Venue
You agree and acknowledge that the Website shall be deemed a passive site that shall not give rise to personal jurisdiction over TARADEL® in any jurisdiction other than the Commonwealth of Virginia, and that the Website shall be deemed solely located in the Commonwealth of Virginia.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Ohio without giving effect to any principles or conflicts of law. Any claim, cause of action or proceeding arising from these Terms of Use or the conduct of the parties hereunder shall be commenced and maintained solely in the courts of the City of Cincinnati, Hamilton County, Ohio to the extent such court has subject matter jurisdiction, and you irrevocably consent to personal jurisdiction and venue in any such court.
Waiver of Jury Trial
You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms of and Conditions of Avizion360; services.
If a dispute (other than a dispute involving an actual or threatened violation of our intellectual property rights or the intellectual property rights of our affiliates and Third-Party Licensors) arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator located in Hamilton County, Ohio. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in Hamilton County, Ohio under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
Contact Information
Should you have any questions concerning these Terms of Use, or the Privacy Policy, you may contact Avizion360’ LLC at info@Avizion360.comPost