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Users Guide

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Contact Kristine Haverly between 9am and 5pm EST at 800.968.5798  or
(239) 910-4254 after hours with any questions about your order or for additional information on SouthWest Direct and NGL lead ordering solutions. Let us help you grow your business today.

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Terms and Conditions

User Contract

Service is provided by Southwest Direct, Inc.

Please read these terms of use carefully before using this site. By using this site, you signify your unconditional assent to these terms of use and the fact that all terms and conditions herein apply to Southwest Direct, Inc. d.b.a. Southwest Direct(SWD) and all of our affiliates separately and collectively as applicable. If you do not agree to these terms of use, you are not authorized to use the site. SWD cannot and does not guarantee the security of information you transmit through the Web, and you transmit all such information at your own risk.

Terms and Conditions of Order (updated 03/11/09)

1. Accuracy

Layout

You are 100% responsible for the accuracy of your layouts. Please proofread all layouts carefully. Postal Regulations are subject to change and you are also 100% responsible for complying with current USPS Postal Regulations as outlined on our website:

All layouts assembled (typeset) by Southwest Direct, Inc. d/b/a SWDIRECTNGL.com (hereafter "SWD") will have printing by Southwest Direct 800.968.5798. SWD reserves the right to refuse to print any material that SWD determines, in its sole discretion, is immoral, illegal or inappropriate for any reason for distribution in the United States Postal Service mail stream. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements. You will not be charged for any services that are performed by SWD on any job that is denied for the reasons described in this paragraph.

2. Payment

The fees for SWD products and services, which include the cost of processing, printing, shipping and/or mailing, and any other charges applicable, are due and payable together with the submission of an order. SWD requires pre-payment on all orders.. All mailing services and postage related fees must be prepaid. Please note that no orders will be mailed until an approved and signed mailing services invoice is returned from the customer authorizing payment. Any amount due to SWD, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. Customers are responsible for all related collection costs, legal fees and interest. All returned checks will be charged a fee of $25.

Not+++

withstanding the above, all orders for customers located outside of the United States must be prepaid in full and in advance, including all printing, mailing, processing, postage shipping and any other applicable costs or charges. Such orders must be paid via credit card, or faxed check (from a bank which SWD deems acceptable).

 

 

Sales Tax Policy

SWD is required to collect sales tax on purchases shipped to Florida. If your order qualifies for sales tax exemption in accordance with Florida Sales & Use Tax Regulations you must provide SWD with a Valid Florida Resale Certificate. SWD requires that resale certificates be provided at the time of order via mail or faxed to (239) 768-0712.

Refunds & Cancellation

No refunds of any nature will be granted once SWD begins your order. Additionally, no partial refunds will be provided for work not completed and design and set up fees may still apply and be charged. All refunds, due to an overpayment on a particular account are available upon customer request.

3. Production Time & Delivery

Our daily deadline for receiving materials to begin work on an order is 12 noon PT. Quoted Production Times start only after SWD receives final approval of your layout and summary of printing charges with no further changes per SWD Approval Form. SWD quoted production business days are calculated in 24 hour increments. Completion of your job within our quoted Production Time is dependent on receipt of your signed layout and final approval. Please account for additional time for delivery of your order as the number of delivery days is dependent upon the delivery service you select. For SWD observed holidays, add one (1) additional day to the Production Time. Expected delivery date and Production Times are not guaranteed. Your order may arrive late due to unforeseen delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. You are responsible for all customs, duties or fees related to an international shipment. SWD is not liable for damage caused by any service carrier. Carrier claims are limited to $100. SWD accepts no responsibility for tracking the delivery of packages shipped via the custom shipping option.

4. Indemnification, Damages

You agree to indemnify and hold SWD and its parent companies, 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 SWD. Although we take every precaution to safeguard your materials, we are NOT responsible, financially or otherwise for loss or damage to customer supplied images or artwork.

The liability of SWD, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to SWD for its products and services. In no event will SWD 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. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by SWD. You hereby waive any Statute of Limitations to the contrary.

5. Ownership & Limited Use

By placing an order with SWD, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with SWD and; (ii) are authorizing SWD to print such order on your behalf. Any images/graphics, text or other materials supplied to SWD by the customer will remain sole property of the customer and the copyright there under has not been assigned or transferred in any manner to SWD. However, any additional materials created by SWD 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 SWD. Digital files of an SWD assembled layout can be obtained upon 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.. This promotional distribution may include but is not limited to SWD collateral marketing materials, website, affiliates' websites, affiliate programs, SWD catalogs, catalogs of others, emails, and any other marketing in any medium that SWD may employ as necessary. Customers can withdraw their order from being distributed as samples by sending a written request to SWD at the following address: 2129 Andrea Lane, or by email to the following address: info@swdirectngl.com   Your images will not be used in any national advertisements or promotions without your prior written consent, such consent not to be unreasonably withheld or delayed.

6. Mailing Services & Mail Delivery

When utilizing our Mailing Services, SWD shall only be liable to rectify errors to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the total amount of fees payable by customer for the work performed. In no case will SWD be liable for special, incidental, or consequential damages of any kind. SWD responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. SWD shall not be liable for USPS performance failures or delivery delays. SWD accepts no responsibility for any additional services performed outside of SWD, including but not limited to additional ink jetting, bindery or mail delivery services. Any remaining customer cards not mailed through SWD Mailing Services will be returned via UPS at customer's expense and shipped to the contact address on file unless otherwise specified by the customer.

7. Mailing List(s)

SWD 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 SWD, is the exclusive property of the customer and shall be used only with customer's instructions. It is customer's or customer's list vendor's responsibility to maintain a duplicate copy of its mailing list. SWD 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, and SWD will not utilize the list for any other purpose.

 

Change of Address updates

U.S. Postal Service requires that all first class presorted mailings comply with Move Update. SWD assumes no responsibility for failure to do so. Refer to the Updating Your Mailing List page on our website for more information.

Reformatting

SWD uses ASCII, XLS and DBF formats for data compilation for mailing services. Although many formats can be converted to DBF, a compatible mailing service software format cost of $75 per hour may be incurred to reformat mailing lists to meet our specifications. Customer will be notified, in advance, of conversion and formatting incompatibility.

Purchased Lists

For mailing lists purchased from SWD, SWD offers a deliverability guarantee of 88% on Business to Business lists and 92% on Business to Consumer lists if mailed within 30 days of the order. Deliverability applies solely to the accuracy of the mailing addresses themselves and not to the accuracy of any other element of the mailing list, including, but not limited to contact names and/or any other demographic/ criteria or element. Customer remains fully responsible for payment of any ordered list in the event that the printing and/or mailing portion of the order is cancelled by customer. For Specialty lists, customer should note that a List owner may request a copy customer's mail piece and view the desired mail date prior to providing approval of the list rental order. Customer should also note that a List owner reserves the right to refuse a list rental order for any reason they see fit.

8. Miscellaneous

Sections 5, 6, 8, and 11 of SWD Terms and Conditions of Use/Website are hereby incorporated by reference as though fully set forth herein. Please read them carefully. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by SWD. You hereby waive any Statute of Limitations to the contrary.

Terms and Conditions of Use/Website

Southwest Direct provides its services to you subject to the following Terms and Conditions. If you visit, use a service, or make purchases at Modernpostcard.com or any other web sites (collectively, the "Site") operated by Southwest Direct, Inc. d/b/a Southwest Director one of its divisions or subsidiaries (collectively, "SWD"), you agree to abide by these Terms and Conditions when you use the Site. If you do not agree to these Terms and Conditions of Use, do not use any portion of the Site.

1. Nonexclusive License

We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of SWD. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SWD without our express written consent. You may not use any meta tags or any other "hidden text" utilizing SWD name or trademarks without the express written consent of SWD. Any unauthorized use terminates the license granted by SWD. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Modernpostcard.com so long as the link does not portray SWD, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SWD logo or other proprietary graphic or trademark as part of the link without express written permission.

2. Prohibited Uses

Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (ii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any SWD employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that : (i) 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; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) 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 (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not use the Site for chain letter, 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.

4. Privacy

Your use of the Site constitutes your consent to SWD privacy policy posted at www.swdirectngl.com which is updated from time to time.

5. Copyright Ownership

All content included on the Site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of SWD 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 is prohibited. SWD and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.

6. Web Linking

Links may appear on the Site that link to other web sites. These links are provided as a courtesy to our visitors. SWD has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. SWD is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. SWD reserves the right to terminate any link at any time.

7. Purchases

All items purchased from SWD are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

8. Disclaimer and Limitation of Damages

(a) SWD is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided "as is," without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, SWD makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will SWD, its suppliers, or any other party involved in creating, producing or delivering the Site's content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site. The limitations herein may not apply in certain jurisdictions.

(b) Any reliance upon any advice, opinion, statement other information displayed or distributed through the Site is at your sole risk. SWD reserves the right, in its sole discretion and without notice to deny access to the Site to anyone at any time. Neither SWD nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.

(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.

(d) We make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.

9. Indemnification

You agree to indemnify and hold SWD and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.

10. Applicable Laws

SWD operates the Site from its offices in Florida and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject SWD to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of Florida as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in Fort Myers, Florida and any action brought in connection with the Site or Site content shall be brought in either the state or federal courts in Fort Myers, Florida. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to SWD or any of its officers, employees, agents or representatives, such as where notice to SWD is required by contract, or any federal, state or local laws, rules or regulations.