Thanks for using Joint Marketing Cloud.

Please read these Terms carefully. By using Joint Marketing Cloud or signing up for an account, you’re agreeing to these Terms. This is a legal agreement. We’ll start with the basics, including a few definitions that should help you understand this agreement. Joint Marketing Cloud (“Joint Marketing Cloud” or the “Service”) is a marketing service offered through the URL www.Joint Marketing Cloud.com (we’ll refer to it as the “Website”) that allows you to cooperate with others to create joint marketing strategies, print, send, manage advertising tools and activity reporting of use of advertising tools (each tool is called an “Message”) to individual recipients. Joint Marketing Cloud is owned and operated by Joint Marketing Cloud, LLC d/b/a Joint Marketing Cloud, a Colorado limited liability corporation (“Joint Marketing Cloud,” “we,” or “us”). Joint Marketing Cloud has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).

These Terms of Use (“Terms,” including our Privacy Policy, Acceptable Use Policy, API Guidelines, Copyright Policy and Brand Guidelines) define the terms and conditions under which you’re allowed to use Joint Marketing Cloud, and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.

ACCOUNT

  1. Eligibility

In order to use Joint Marketing Cloud, you must:

be at least eighteen (18) years old and able to enter into contracts;

complete the registration process;

agree to the Terms; and

provide true, complete, and up to date contact information.

By using Joint Marketing Cloud, you represent and warrant that you meet all the requirements listed above, and that you won’t use Joint Marketing Cloud in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Joint Marketing Cloud may refuse service, close accounts of any users, and change eligibility requirements at any time.

  1. Term

The Term begins when you sign up for Joint Marketing Cloud and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Joint Marketing Cloud on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf. Although you may “bookmark” a particular portion of this Website and thereby bypass this Agreement, your use of this Website still binds you to these Terms and Conditions.

  1. Closing Your Account

You or Joint Marketing Cloud may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we’ll refund a prorated portion of your monthly or annual prepayment or reimburse you for unused Message Credits. We won’t refund or reimburse you if there’s cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your Messages from our Website. If you don’t log in to your account for 12 or more months, we may treat your account as “inactive” and permanently delete the account and all the data associated with it.

  1. Changes

We may change any of the Terms by posting revised Terms of Use on our Website and/or by sending an Message to the last Message address you gave us. Unless you terminate your account within ten (10) days, the new Terms will be effective immediately and apply to any continued or new use of Joint Marketing Cloud. We may change the Website, the Service, or any features of the Service at any time.

  1. Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized the use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

  1. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships, and we don’t arbitrate disputes over who owns an account. You won’t request access to or information about an account that’s not yours, and you’ll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the Messages in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact information listed for that account.

PAYMENT

  1. Annual Plans

Our charges for annual plans are posted on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your Message limit and/or reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level.

  1. Pay as You Go Plans

You may buy Message Credits to use our Services instead of signing up for an annual plan. This is explained on the pricing page of our Website. If you choose a Pay as You Go Plan, you’ll still be considered a Member, and all the terms of this Agreement will still apply to you. Message Credits for Pay as You Go accounts expire at the end of each month.  If your account is inactive for more than 12 months, it may be deleted.

  1. Credit Cards

As long as you’re a Member or have an outstanding balance with us, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you and may suspend your account until your payment can be processed.

  1. Refunds

We’ll give you a refund for a prepaid month if we stop providing our Services to you for a reason that’s not laid out in these Terms or our Acceptable Use Policy. You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.

  1. Charges for Add-Ons

Some features are offered as add-ons to your Joint Marketing Cloud account. If you add on a feature that has a charge, then you’ll be billed that additional amount with each billing cycle for as long as the add-on is active. Some add-ons are intended for particular use cases and may have additional terms or restrictions (“Additional Terms.”) If you use an add-on in a way that violates these Terms or the Additional Terms, then we may terminate your account.

  1. Billing Changes

We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by Message.

RIGHTS

  1. Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website and the software used to provide Joint Marketing Cloud (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets according to our Brand Guidelines.

  1. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material in your Messages. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.

  1. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

  1. Right to Review Message Campaigns

We may view, copy, and internally distribute content from your Messages and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.

RULES AND ABUSE

  1. General Rules

Joint Marketing Cloud does not allow accounts with the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you send an Message campaign, submit an advertisement or otherwise distribute any content that we determine, in our sole discretion, contains either of the following:

A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.

Hateful Content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:

An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm.

A person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm.

A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

If you violate any of these rules, then we may suspend or terminate your account.

  1. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Joint Marketing Cloud user, please report it to our abuse team. If you think anyone has posted material that violates any copyrights, then you can notify us according to our Copyright Policy.

  1. Bandwidth Abuse/Throttling

You may only use our bandwidth for your Joint Marketing Cloud Messages. We provide image and data hosting only for your Message campaigns, so you may not host images on our servers for anything else (like a website).

  1. Compliance with Laws

You represent and warrant that your use of Joint Marketing Cloud will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.

  1. U.S. Export Controls

The software that supports the Services (the “Software”) is subject to United States export controls. Export laws are set up by the government to keep certain goods and services from reaching other countries, usually because of security concerns or trade agreements. None of the Software may be downloaded or otherwise exported or re-exported in violation of United States export laws. You’re downloading and using the Software at your own risk.

LIABILITY

  1. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

  1. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Joint Marketing Cloud for a variety of reasons, we can’t guarantee that it will meet your specific needs.

  1. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

  1. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

  1. Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

  1. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

  1. Disclaimers

We and our Team aren’t responsible for the behavior of any advertisers, linked websites, or other Members.

FINE PRINT

  1. Notice to U.S. Government End Users

The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.”

  1. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

  1. Choice of Law

The State of Colorado’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Arapahoe County, Colorado, and each party will be subject to the jurisdiction of those courts.

  1. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

  1. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

  1. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

  1. Interpretation

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

  1. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

  1. No Changes in Terms at Request of Member

Because we have so many Members, we can’t change these Terms for any one Member or group.

  1. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

  1. Notification of Security Breach

In the event of a security breach that may affect you or anyone on your Message distribution and/or mailing lists (each a “List”), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.

  1. Notices

Any notice to you will be effective when we send it to the last Message or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Joint Marketing Cloud, PO Box 461017, Aurora, CO 80046, or any addresses as we may later post on the Website.

  1. Entire Agreement

These Terms, our Privacy Policy, Acceptable Use Policy, API Guidelines (all of which are incorporated into these Terms by reference), and any additional terms you’ve agreed to by turning on specific features (“Additional Terms”) make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.

Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.

Thanks for taking the time to learn about Joint Marketing Cloud’s policies.

RESPA Compliance Overview

The purpose of the Real Estate Settlement Procedures Act (RESPA) is to prevent abusive settlement charges that plagued this country’s real estate industry in the past. The key provision under RESPA is that, “No person shall give and no person shall accept any fee, kickback, or thing of value pursuant to any agreement or understanding, oral or otherwise, that business incident to or a part of a real estate settlement service involving a federally related mortgage loan shall be referred to any person.” (12 U.S.C. section 2607(a)).

Joint Advertising is acceptable under RESPA as long as everybody is paying their pro rata share of the fair market value of the proportionate size of the advertising.  At the heart of the Joint Marketing Cloud is the belief that both parties should pay their own share.  We are dedicated to making sure that all marketing is in full RESPA compliance.

Monthly Access
Each loan officer pays a flat monthly fee to participate in the Joint Marketing Cloud.  This fee is NOT allocated to and is NOT payment for any marketing expenses for the loan officer or real estate agent.  The monthly fee is solely for access and use of the Joint Marketing Cloud online reporting system.

Joint Marketing Cloud online reporting refers to the functionality of the web site to provide information about marketing activity pertaining specifically to a loan officer and preferred real estate brokers jointly marketing with the loan officer.

An example of information that is reported to each loan officer is:

  • At a glance contact information of preferred real estate brokers
  • Buyer-side closing counts of preferred real estate brokers
  • Joint Marketing Campaigns qty, scheduling, etc
  • Other marketing projects qty, status, type of service provided, etc

Marketing Contributions
Each loan officer may contribute an amount to joint marketing projects with real estate brokers.  This is an additional cost each month charged to the loan officer specifically when a joint marketing project is printed.  There may be marketing projects printed for a real estate broker that don’t include the loan officer and there would be no charge to the loan officer for these projects.

The loan officer is able to determine which types of marketing to contribute to.  Design layouts for each type of marketing have been developed with designated space allocated to the real estate broker and also to the loan officer.  The proportional % of space that the loan officer utilizes is used to determine the amount of marketing contribution each loan officer is responsible for a specific project.  For example:  A postcard is printed with lender advertisement utilizing 7% of the total amount of space on the card.  If the total price to print cards is $100, the lender would pay $7 and the real estate agent would pay $93 at the time of printing.  This will allow all parties to remain in full RESPA compliance sharing the price, value, and ad space proportionally.  Loan officer contributions can be increased up to a maximum 50% by increasing the space allocated to the loan officer upon request.

Here general allocations by type of marketing:

Type of Marketing % Space for Loan Officer % Space for Realty Broker
postcards 7% 93%
flyers 3% 97%
brochures 1% 99%

Receipts of Services Performed
Loan officers receive two types of billing receipts.  The first is a billing receipt for the monthly access showing the amount charged and paid for the monthly reporting services.  The second is a project billing receipt showing the amount charged and paid for each unique joint marketing project that the loan officer is involved.  This receipt will show the partnering real estate broker, type of marketing, total market value of the project, and the total amount of the loan officer’s contribution based on their proportional space utilized.

Postcard Template Example
Postcard templates are initially setup as a (93% realtor  –  7% loan officer( expense split based on actual space allocated on each layout.  A graphic example is below. Because all templates are customized by one of our designers, we are able to adjust the space allocated to the loan officer to match a different contribution amount.  For example, if a loan officer wishes to contribute 50% of the expense of a postcard, the space allocated to the loan officer will be increased from the initial 7% to the 50% size needed to remain in RESPA compliance.

COST SPLIT CALCULATION:
RE Broker Advertisement Space:
Front Area Size:    51.75  sq. in.  (5.75h x 9.00w)
Back Area Size:    44.75  sq. in.  (5.75h x 9.00w less lo area)
Total RE Broker Area:    96.50  sq. in.

Loan Officer Advertisement Space:
Back Area Size:    7.00  sq. in. (2.0h x 3.50w)

Advertisement Space % Allocated to Each:        Total Available Ad Area:    103.5  sq. in.
RE Broker Area:    93%
Loan Officer Area:    7%

Acceptable Use Policy

The actions individual members take can have a big impact on our system as a whole. That’s why all Joint Marketing Cloud users must follow this Acceptable Use Policy in their use of Joint Marketing Cloud and any other Joint Marketing Cloud products or add ons. If you violate this policy, we may suspend or terminate your account. We may also suspend or terminate accounts according to our Terms of Use where we see behavior, content, or other factors that poses a threat to our system.

Prohibited Content

Please don’t use Joint Marketing Cloud to advertise anything offensive, to promote anything illegal, or to harass anyone. You may not advertise in the following ways:

  • Offering to sell illegal goods or services
  • Emails that violate CAN-SPAM Laws
  • Pornography/sexually explicit content

The following services, products or content are not allowed in any advertising Message:

  • Escort and dating services
  • Pharmaceutical products
  • Gambling services or products
  • Adult Entertainment/Novelty Items
  • Online trading, day trading tips, or stock market related content
  • Daily horoscope reports
  • Nutritional, herbal, and vitamin supplements

Privacy Policy

Thanks for using Joint Marketing Cloud or visiting one of our websites. This policy explains the what, how, and why of the information we collect when you visit our website, or when you use our Services. It also explains the specific ways we use and disclose that information. We take your privacy extremely seriously, and we never sell lists or email addresses.

THE BASICS

  1. Definitions

These definitions should help you understand this policy. When we say “we,” “us,” “our,” and “Joint Marketing Cloud,” we are referring to Joint Marketing Cloud LLC d/b/a Joint Marketing Cloud, a State of Colorado limited liability company. We provide online platforms that you may use to market to or stay in contact with others, including creating, sending, and managing Message campaigns and other information related to your marketing strategies (the “Services”). When we say “Member,” we are referring to the person or entity that is registered with us to use the Services. When we say “you,” we are referring either to a Member or to some other person who visits any of our Websites. A “Subscriber” is a person you contact through our Services, or a person who you might choose to contact at some point in the future through the use of our Services. In other words, a Subscriber is anyone on your Distribution List or about whom you have given us information. “Personal Information” means information that can be used to identify you or a Subscriber, including, but not limited to, first and last name, date of birth, email address, gender, occupation or other demographic information. A “Distribution List” is a list of Subscribers and all associated information related to those Subscribers (for example, home addresses or email addresses).

We offer the Services on at least our websites http://www.Joint Marketing Cloud.com, and This Privacy Policy applies to these specific websites, as well as any other sites or mobile applications owned or operated by us (each a “Website” and together the “Websites”). The “Websites” include the Websites themselves, and any web pages, interactive features, applications, widgets, blogs, social networks, social network “tabs,” or other online, mobile, or wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device, or other technology, manner or means. While providing the Services, and as described in more detail below, we may collect Personal Information about a Website visitor, Member, person or email address on or related to a Distribution List, or Subscriber.

  1. Changes

We may change this Privacy Policy at any time and from time to time. The most recent version of the Privacy Policy is reflected by the version date located at the bottom of this Privacy Policy. All updates and amendments are effective immediately upon notice, which we may give by any means, including, but not limited to, by posting a revised version of this Privacy Policy or other notice on the Website. We encourage you to review this Privacy Policy often to stay informed of changes that may affect you, as your continued use of the Website signifies your continuing consent to be bound by this Privacy Policy. Our electronically or otherwise properly stored copies of this Privacy Policy are each deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this Privacy Policy which were in effect on each respective date you visited the Website.

  1. Scope

This Privacy Policy is effective with respect to any data that we have collected, or collect, about and/or from you, according to our Terms of Use.

  1. Questions & Concerns

If you have any questions or comments, or if you want to update, delete, or change any Personal Information we hold, or you have a concern about the way in which we have handled any privacy matter, please send us a message at info@jointmarketingcloud.com. You may also contact us by postal mail or email at:

Joint Marketing Cloud
Attn. Privacy Officer
PO Box 461017, Aurora, CO 80046

YOUR INFORMATION

  1. Information We Collect

(a) Information you voluntarily provide to us: When you sign up for and use the Services, consult with our customer service team, send us an email, post on our blog, integrate the Services with another website or service (for example, when you choose to connect your e-commerce account with Joint Marketing Cloud), or communicate with us in any way, you are voluntarily giving us information that we collect. That information may include either your or your Subscribers’ name, physical address, email address, IP address, phone number, credit card information, as well as details including gender, occupation, location, purchase history, and other demographic information. By giving us this information, you consent to this information being collected, used, disclosed, transferred to the United States and stored by us, as described in our Terms of Use and in this Privacy Policy.

(b) Information we collect automatically: When you use the Services or browse one of our Websites, we may collect information about your visit to our Websites, your usage of the Services, and your web browsing. That information may include your IP address, your operating system, your browser ID, your browsing activity, and other information about how you interacted with our Websites or other websites. We may collect this information as a part of log files as well as through the use of cookies or other tracking technologies.

(c) List and email information: When you add a Distribution List or create an email with the Services, we have and may access the data on your list and the information in your email. If a Subscriber chooses to use the ‘forward to a friend’ (FTF) link in an email campaign you send, it will allow the Subscriber to share your email content with individuals not on your Distribution List. When a Subscriber forwards an email to a friend, we do not store your Subscriber’s email address or their friend’s email address, and no one is added to any Distribution List as a result of the FTF. The Member who created the email campaign only sees an aggregate number of times their email campaign was forwarded by a Subscriber and does not have access to the email addresses used to share or receive that forwarded content.

(d) Information from your use of the Service: We may receive information about how and when you use the Services, store it in log files or other types of files associated with your account, and link it to other information we collect about you. This information may include, for example, your IP address, time, date, browser used, and actions you have taken within the application. This type of information helps us to improve our Services for both you and for all of our users.

(e) Cookies and tracking: We and our partners may use cookies and similar tracking technologies, such as pixels and web beacons, to analyze trends, administer the website, track users’ movements around the website, serve targeted advertisements, and gather demographic information about our user base as a whole. Users can control the use of cookies at the individual browser level. We partner with third parties to display advertising on our website or to manage and serve our advertising on other sites. Our third party partners may use cookies or similar tracking technologies in order to provide you advertising or other content based upon your browsing activities and interests.

(f) Information from other sources: We may receive more information about you or your Subscribers, such as name, email address, demographic information, IP addresses, location, and use of social media websites, by searching the Internet or querying third parties (we refer to that information as “Supplemental Information”). We use Supplemental Information to develop features including Social Profiles, a tool that helps you learn about your Subscribers and allows you to send them more relevant content.

  1. Use and Disclosure of Personal Information

We may use and disclose Personal Information only for the following purposes:

  • To promote use of our services to you and others.For example, if you leave your Personal Information when you visit our Website and do not sign up for any of the Services, we may send you an email inviting you to sign up. If you use any of our Services and we think you might benefit from using another Service we offer, we may send you an email about that. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email we send. In addition, we may use information we collect in order to advertise our Services to you or suggest additional features of our Services that you might consider using. In addition, we may use your Personal Information to advertise our Services to potential or other users like you.

(b) To send you informational and promotional content that you may choose (or “opt in”) to receive. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.

(c) To bill and collect money owed to us by our Members. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments. To learn more about the steps we take to safeguard that data, see Section 14 below.

(d) To send you System Alert messages. For example, we may inform you of temporary or permanent changes to our Services, such as planned outages, new features, version updates, releases, abuse warnings, and changes to our Privacy Policy.

(e) To communicate with our Members about their account and provide customer support.

(f) To enforce compliance with our Terms of Use and applicable law. This may include developing tools and algorithms that help us prevent violations.

(g) To protect the rights and safety of our Members and third parties, as well as our own.

(h) To meet legal requirements, including complying with court orders, valid discovery requests, valid subpoenas, and other appropriate legal mechanisms.

(i) To provide information to representatives and advisors, including attorneys and accountants, to help us comply with legal, accounting, or security requirements.

(j) To prosecute and defend a court, arbitration, or similar legal proceeding.

(k) To respond to lawful requests by public authorities, including to meet national security or law enforcement requirements.

(l) To provide, support, and improve the Services we offer. This includes our use of the data that our Members provide us in order to enable our Members to use the Services to communicate with their Subscribers. This also includes, for example, aggregating information from your use of the Services or visit to our Websites and sharing this information with third parties to improve our Services. This might also include sharing your information or the information you provide us about your Subscribers with third parties in order to provide and support our Services or to make certain features of the Services available to you. When we do have to share Personal Information with third parties, we take steps to protect your information by requiring these third parties to enter into a contract with us that requires them to use the Personal Information we transfer to them in a manner that is consistent with this policy.

(m) To provide suggestions to you. This includes adding features that compare Members’ email campaigns, using data to suggest other publishers your Subscribers may be interested in, or using data to suggest products or services that you may be interested in or that may be relevant to you or your Subscribers. Some of these suggestions are generated by use of our Data Science Projects.

(n) To transfer your information in the case of a sale, merger, consolidation, liquidation, reorganization, or acquisition. In that event, any acquirer will be subject to our obligations under this Privacy Policy, including your rights to access and choice. We will notify you of the change either by sending you an email or posting a notice on our Website.

  1. Data Collected for and by our Users

As you use our Services, you may import into our system Personal Information you have collected from your Subscribers or other individuals. We have no direct relationship with your Subscribers or any person other than you, and for that reason, you are responsible for making sure you have the appropriate permission for us to collect and process information about those individuals. Consistent with the uses of Personal Information covered in Section 6, we may transfer Personal Information of you or your Subscribers to companies that help us promote, provide, or support our Services or the services of our Members (“Service Providers”). All Service Providers enter into a contract with us that protects Personal Information and restricts their use of any Personal Information consistent with this policy. As part of our Services, we may use and incorporate into features information you have provided, we have collected from you, or we have collected about Subscribers. We may share this information, including Subscriber email addresses, with third parties in line with the approved uses in Section 6.

If you are a Subscriber and no longer want to be contacted by one of our Members, please unsubscribe directly from that Member’s electronic newsletter or direct mail Message or contact the Member directly to update or delete your data. If you contact us, we may remove or update your information within a reasonable time and after providing notice to the Member of your request.

We will retain Personal Information we process on behalf of our Members for as long as needed to provide our Services or to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our agreements.

  1. Public Information and Third Party Websites

(a) Blog. We may have public blogs on our Websites. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you want it removed, contact us at info@jointmarketingcloud.com. If we are unable to remove your information, we will tell you why.

(b) Social media platforms and widgets. Our Websites can include social media features, such as the Facebook Like button. These features may collect information about your IP address and which page you are visiting on our Website, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. We also maintain presences on social media platforms including Facebook, Twitter, and Instagram. Any information, communications, or materials you submit to us via a social media platform is done at your own risk without any expectation of privacy. We cannot control the actions of other users of these platforms or the actions of the platforms themselves. Your interactions with those features and platforms are governed by the privacy policies of the companies that provide them.

(c) Links to third-party websites. Our Websites include links to other websites, whose privacy practices may be different from Joint Marketing Cloud’s. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policy of any Website you visit.

  1. Third Parties

We may disclose Personal Information to the following types of third parties for the purposes described in this policy:

(a) Service providers. Sometimes, we need to use third party Service Providers in order to provide and support the features of our Services. For example, if it is necessary to provide a printing company information about a product or service request that they will be fulfilling, then we may share your Personal Information with a Service Provider for that purpose. We will tell you we are working with a Service Provider whenever reasonably possible, and you may request at any time the names of our Service Providers. Just like with the other third parties we work with, these third party Service Providers enter into a contract that requires them to use your Personal Information in a manner that is consistent with this policy.

(b) Advertising partners. We may partner with third parties to display advertising on our Websites or to manage and serve our advertising on other sites and may share Personal Information with them for this purpose. All third parties with which we share this information are required to use your Personal Information in a manner that is consistent with this policy. We and our third party partners may use cookies and other tracking technologies, such as pixels and web beacons, to gather information about your activities on our Websites and other sites in order to provide you with targeted advertising based on your browsing activities and interests.

  1. Contest and Sweepstakes

We may, from time to time, offer surveys, contests, sweepstakes, or other promotions on our Websites or through social media (collectively “Our Promotions”). Participation in our Promotions is completely voluntary. Information requested for entry may include personal contact information such as your name, address, date of birth, phone number, email address, username, and similar details. We use the information you provide to administer Our Promotions. We may also, unless prohibited by the Promotion’s rules or law, use the information provided to communicate with you, or other people you select, about our Services. We may share this information with our affiliates and other organizations or Service Providers in line with this policy and the rules posted for the Promotion.

  1. Content of Email Campaigns

When you send an email marketing campaign, it bounces from server to server as it crosses the Internet. Along the way, server administrators can read what you send. Email was not built for confidential information. Please do not use Joint Marketing Cloud to send confidential information.

Sometimes we review the content of our Members’ printed Messages or email Message campaigns to make sure they comply with our Terms of Use. To improve that process, we have software that helps us find email campaigns that may violate our Terms. Our employees or independent contractors may review those particular campaigns. This benefits all Members who comply with our Terms of Use.

YOUR LISTS

  1. Your Distribution Lists

A Distribution List can be created in a number of ways, including by importing contacts, such as through csv or directly from your email client. I can also be through email attachments of the list to us or one of our Service Providers.  Your Distribution Lists are stored on a secure Joint Marketing Cloud server. We do not, under any circumstances, sell your Distribution Lists. If someone on your Distribution List complains or contacts us, we might then contact that person. Only authorized employees have access to view Distribution Lists. You may request your Distribution Lists from Joint Marketing Cloud at any time.

We will use and disclose the information in your Distribution Lists only for the reasons discussed in Sections 6-9. We will not use and disclose the information in your Distribution Lists to:

  • bill or collect money owed to us;
  • send you system alert messages;
  • communicate with you about your account; or
  • send you informational and promotional content.

SECURITY

  1. Notice of Breach of Security

If a security breach causes an unauthorized intrusion into our system that materially affects you or people on your Distribution Lists, then Joint Marketing Cloud will notify you as soon as possible and later report the action we took in response.

  1. Safeguarding Your Information

We take reasonable and appropriate measures to protect Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of the Personal Information.

Our credit card processing vendor uses security measures to protect your information both during the transaction and after it is complete. Our vendor is certified as compliant with card association security initiatives, including the Visa Cardholder Information Security and Compliance (CISP), MasterCard® (SDP), and Discovery Information Security and Compliance (DISC). We also perform annual SOC II audits. If you have any questions about the security of your Personal Information, you may contact us at info@Joint Marketing Cloud.com.

Joint Marketing Cloud accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Because the information in your Distribution Lists is so sensitive, account passwords are encrypted, which means we cannot see your passwords. We cannot resend forgotten passwords either. We will only reset them.

COMPLIANCE

  1. We Operate in the United States

Our servers and offices are located in the United States, so your information may be transferred to, stored, or processed in the United States. By using our Websites, you understand and consent to the collection, storage, processing, and transfer of your information to our facilities in the United States and those third parties with whom we share it as described in this policy.

  1. Accuracy of Data, Transparency, and Choice

We do our best to keep your data accurate and up to date, to the extent that you provide us with the information we need to do so. If your data changes (for example, if you have a new email address), then you are responsible for notifying us of those changes. Upon request, we will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information.

We will retain your information for as long as your account is active or as long as needed to provide you with our Services. We may also retain and use your information in order to comply with our legal obligations, resolve disputes, prevent abuse, and enforce our Agreements.

As explained in Sections 6 and 9 of this policy, Joint Marketing Cloud shares your Personal Information and the Personal Information you may have collected from your Subscribers with Service Providers in order to provide and support our Services. With respect to Personal Information we share with our advertising partners, you have a choice.

  1. Access

We will give an individual, either you or a Subscriber, access to any Personal Information we hold about them within 30 days of any request for that information. Individuals may request to access, correct, amend or delete information we hold about them by contacting us. Unless it is prohibited by law, we will remove any Personal Information about an individual, either you or a Subscriber, from our servers at your or their request. There is no charge for an individual to access or update their Personal Information.

  1. California Privacy

Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of Personal Information, such as name, email and mailing address and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To request the above information, please contact us via email at info@jointmarketingcloud.com.

  1. Do Not Track Disclosure

“Do Not Track” is a standard that is currently under development. Because it is not yet finalized, Joint Marketing Cloud adheres to the standards in this policy and does not monitor or follow any Do Not Track browser requests. That said, some of our features may have the ability to monitor or follow Do Not Track browser requests.

Copyright and Trademark Policy

At Joint Marketing Cloud, we respect the intellectual property rights of others and expect our users to do the same. Our Terms prohibit users from violating someone else’s intellectual property rights, including copyright and trademark.

If you believe content that belongs to you is being used through our Services or Websites without your permission, we want to know about it. You can send notice of the alleged infringement to our designated agent. Here’s his contact information:

Copyright Infringement

Joint Marketing Cloud

PO Box 461017, Aurora, CO 80046

If you do send us a notice, please note that we may forward your notice, including your contact information, to the user who posted or used the content that you are complaining about. If you’re not sure whether content on one of our Websites or sent through our Service infringes your intellectual rights, then you may want to speak with legal counsel in your area before notifying us.

Finally, before sending us a notice you may want to reach out to the person or organization who posted or used the content you believe infringes your rights. You may be able to resolve the issue directly with that person or organization without contacting Joint Marketing Cloud.

Copyright

When reporting a claim of copyright infringement, please ensure your notice includes the following:

  • The name, address, telephone number, and email address of the copyright owner;
  • An identification or description of the copyrighted work that you claim is being infringed;
  • A description of the content on our Websites or sent through our Service that you claim infringes your copyright;
  • An identification of where the allegedly infringing content is located on our Websites or was sent through our Service (a URL works best);
  • A statement that: (a) you have a good faith belief that the use isn’t authorized by the copyright owner, its agent or the law; (b) the information in your notice is accurate; and © under penalty of perjury, you are the owner or you are authorized to act on behalf of the copyright owner; and
  • An electronic or physical signature from the copyright owner or someone authorized to act on their behalf.

Trademark

When reporting a claim of trademark infringement, please ensure your notice includes the following:

  • The name, address, telephone number, and email address of the trademark owner;
  • An identification of the trademark that you claim is being infringed, including the trademark registration number, the country/jurisdiction where the trademark is registered, an identification of the category of goods and/or services covered by your registration, and a link to the registration or copies of your certificate of registration;
  • A description of the content on our Websites or sent through our Service that you claim infringes your trademark, including an explanation of how you believe the content is infringing;
  • An identification of where the allegedly infringing content is located on our Websites or was sent through our Service (a URL works best);
  • A statement that: (a) you have a good faith belief that the use isn’t authorized by the trademark owner, its agent or the law; (b) the information in your notice is accurate; and © under penalty of perjury, you are the owner or you are authorized to act on behalf of the trademark owner; and
  • An electronic or physical signature from the trademark owner or someone authorized to act on their behalf

This Copyright and Trademark Policy applies to the websites where Joint Marketing Cloud offers the Services. This Policy also applies to all uses of our Services.

Terms of Service for Colorproductive

Colorproductive is a provider of printed marketing services including products such as brochures, postcards, mailers, and more.  Some of these production and services are offered through the website www.JointMarketingCloud.com.

By using Colorproductive or signing up for an account at Joint Marketing Cloud.com, you’re agreeing to these Terms. This is a legal agreement. Colorproductive Strategic Marketing Solutions, LLC (“Colorproductive” or the “Service”) is a printing service provider with some products and services offered through the URL www.JointMarketingCloud.com (“Website”) that are used in advertising strategies including printed and/ direct mailed advertising tools (“Message”) to recipients. Colorproductive Strategic Marketing Solutions, LLC d/b/a Colorproductive, a Colorado limited liability corporation (“Colorproductive,” “we,” or “us”). Colorproductive has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that’s a customer of the Service, you’re a “Member” according to this agreement (or “you”).

These Terms of Use (“Terms,” including our Privacy Policy, Acceptable Use Policy, API Guidelines, Copyright Policy and Brand Guidelines) define the terms and conditions under which you’re allowed to use Colorproductive, and how we’ll treat your account while you’re a Member. If you have any questions about our terms, feel free to contact us.

ACCOUNT

  1. Eligibility

In order to use Colorproductive, you must:

  • be at least eighteen (18) years old and able to enter into contracts;
  • complete the registration process;
  • agree to the Terms; and
  • provide true, complete, and up to date contact information.

By using Colorproductive, you represent and warrant that you meet all the requirements listed above, and that you won’t use Colorproductive in a way that violates any laws or regulations. (Representing and warranting is like making a legally enforceable promise.) Colorproductive may refuse service, close accounts of any users, and change eligibility requirements at any time.

  1. Term

The Term begins when you sign up for Colorproductive and continues as long as you use the Service. Clicking the button and entering your username means that you’ve officially “signed” the Terms. If you sign up for Colorproductive on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf. Although you may “bookmark” a particular portion of this Website and thereby bypass this Agreement, your use of this Website still binds you to these Terms and Conditions.

   3 TERMS AND CONDITIONS OF ORDERS

Section A of these Terms and Conditions applies specifically to orders placed with Colorproductive. Section B of these Terms and Conditions applies to all products and services available through the Website.

SECTION A

The Colorproductive Satisfaction Guarantee

Colorproductive stands behind the quality of its products and services. If you are not satisfied with your purchase from us, contact Customer Service by email at print@colorproductive.com within 30 days from the date you receive it (or the date it was scheduled to arrive).

Colorproductive is committed to customer satisfaction, and we do everything possible to ensure excellent printing quality. You will be responsible for fixing any errors discovered in the proofing process. When you authorize us to print your project, it is done so as-is with the following exclusions listed below under File Submissions, proofing, printing, and Shipping and Delivery.

Certain circumstances are beyond our control and are not covered by this guarantee. Please note that we cannot be responsible for:

File Submissions

  • Spelling, punctuation, or grammatical errors made by you.
  • Inferior quality or low-resolution of images provided by you.
  • Design errors or color selection errors introduced in the artwork file creation process submitted by you.
  • Errors in user-selected options such product type, size, finishing options, or quantity.
  • Incorrect dimensions, image orientation, or file submission in accordance with Colorproductive specifications.
  • Color match guarantee without a hardcopy proof approval.
  • Delivery delays due to improperly prepared files.
  • Duplicate orders by the customer.
  • Incorrect file layout for folding, scoring, hole drilling, die cutting or other custom services.

Shipping and Delivery

  • Incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors created by you.
  • Damage to the products arising after delivery to you.
  • Satisfaction guarantee does not apply to shipping claims. We will reprint orders damaged or lost by shipping carrier.
  • We reserve the right to have you return the original order before reprinting or refunding your order.
  • We are not responsible for any damages or claims incurred by you or your business caused by receiving printed materials which are defective or incomplete or which you receive later than the estimated delivery date.

Payment

All prices and amounts shown on this Website are in U.S. Dollars (USD), unless otherwise noted. If a User submits a request on the Website to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping and processing fees will automatically be charged to the credit card or paid by User with an approved payment method.

Once a print job has been approved by you, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to Colorproductive’s prepress department, you are responsible for paying the entire amount of that print job along with applicable taxes, shipping, and processing fees, unless otherwise noted.

Please note that no work will proceed on any print job in your order until full payment is received by Colorproductive.

Payment Methods

All purchase requests must be submitted with an approved payment method unless otherwise expressly stated. Approved payment methods include any of the following methods:

  • Pay by credit card.

Our Sales Tax Policy

Colorproductive is required to collect sales tax on purchases shipped to any state(s) where sales tax is applicable. Sales Tax will be calculated based on the printing and finishing product subtotal.

Color Accuracy and Hardcopy Proofs

Colorproductive will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density because of limitations in the printing process, as well as neighboring image ink requirements.

Please note that Colorproductive cannot guarantee color reproduction for your print-ready files. Please note that we accept no responsibility for color variations between submitted print-ready images and the actual printed piece or online product representations and the actual printed piece.

Artwork Files

You are responsible for the accuracy of your print-ready artwork files, and you must proofread all files carefully before submitting to Colorproductive. As postal regulations are subject to change, you are also responsible for complying with current mailing restrictions for your layouts. Check with your local Post Office for current guidelines and restrictions.

You certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.

Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following 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. Colorproductive is unable to print sexually explicit materials, including photographic genitals, and violently explicit materials.

Printing Turnaround Time

Printing turnaround time begins once your order has been placed and your print-ready files have been approved for printing. For printing jobs that do not have complete digital source files provided, printing turnaround begins when we have your print-ready file(s) for your print job, not from when the order is first submitted.

When your job or proof is approved, it will be scheduled for production depending on the product specifications.  Joint marketing orders are normally printed at the end of each month for mailing during the first week of each month.  Other orders approved by 11:00 a.m. MT (M-F) are normally printed same day and shipped same day or next day.  Other orders approved after 11:00 a.m. MT (M-F) are normally placed into production the following day.  Please note that Colorproductive offices are closed Saturdays, Sundays and major holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, printing turnaround time does not include shipping transit time, and you should allow additional business days for delivery based on the shipping method you selected.

Shipping and Arrival Times

Shipping transit times vary, and Colorproductive assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc. Colorproductive is not responsible for delays due to improperly prepared files.

Target arrival dates are calculated by adding the printing turnaround time to the shipping transit time. Expect approximately three to six business days after mail drop for recipients, within Colorado, to receive a mailer and approximately seven to sixteen business days after mail drop for recipients, outside of Colorado.  For orders that are printed and shipped, expect two to three days to receive your printed items shipped within Colorado.  Both printing, shipping and mailing times are based on business days only and do not include weekends or holidays.

You agree that shipping terms for all Colorproductive products are shipped “Freight On Board Shipping Point” or “F.O.B. Shipping Point” – title and risk of loss transfers to you at time of shipment or pickup. Pick-up orders will be held for 30 days at our facility. After 30 days, we will recycle your order.

Mailing Services

Your mailing list(s), while in our possession, is your exclusive property and shall be used only with your instructions. Your mailing list(s) will not be sold or offered for use to any other party, and Colorproductive will not utilize the list for any other purpose.

All mailing delivery dates are estimates, not guarantees. Colorproductive’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). Colorproductive’s responsibility ends when the job is delivered to a Colorado Business Mail Entry Unit. In no event shall Colorproductive be liable for USPS performance failures or delivery delays. Colorproductive is not liable for shipping carrier errors, including loss or delay on direct-mail orders.

Colorproductive may rectify printing and mailing errors only to the extent of re-mailing a correction or corrected job as soon as possible, and any costs shall be limited to the value of the printing work performed. Colorproductive may print your order once your list is processed. We may print an amount over and above the number of viable addresses in your mailing list, as well as a small quantity of print overs.

You may purchase a mailing list from Colorproductive for an additional cost. You may ask to see the purchased mailing list. Mailing lists purchased through Colorproductive.com are not guaranteed and non-refundable.

Miscellaneous

All sales are final, unless otherwise noted. No refunds are given once Colorproductive begins working on your order, which means Colorproductive has received your necessary materials (i.e., digital files and payment) and started work on your job (i.e., your job is in production).

Please note that your printed product or images used for your printed product may be used in marketing collateral without your prior written consent.

IN NO EVENT WILL COLORPRODUCTIVE BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHER DAMAGES WHETHER OR NOT COLORPRODUCTIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. COLORPRODUCTIVE’S ENTIRE LIABILITY UNDER, FOR BREACH OF, OR ARISING OUT OF PROVIDING THE SERVICES HEREUNDER, IS LIMITED TO A REFUND OF THE FEES PAID FOR THE PRODUCT OR SERVICE THAT GAVE RISE TO THE CLAIM. IN NO EVENT SHALL COLORPRODUCTIVE BE LIABLE FOR YOUR COST OF PROCURING SUBSTITUTE GOODS.

You will defend and hold Colorproductive harmless in any claim, suit or action brought against Colorproductive by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities or losses resulting from circumstances where Colorproductive, acting as your agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in Colorproductive’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a claim, suit or action brought against Colorproductive for actions of your employees which may occur as a result of any mailing.

SECTION B

General Terms and Conditions

Copyright Notice

You, the User, acknowledge that all content included on this Website, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of Colorproductive and/or various third-party providers (“Providers”). Reproductions or storage of Content retrieved from this Website, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.

Corporate Identification and Trademarks

“Colorproductive”, “Colorproductive.com”, and any and all other marks appearing on this Website are trademarks of Colorproductive in the United States and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without Colorproductive’s prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited.

Logos not owned by Colorproductive are registered service marks owned by others.  Colorproductive offers printing services for all real estate agents and use of these logos is not an official endorsement or sponsorship, or association of the trademark owner.

Use Restriction

You may only use this Website to make legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Website to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by Colorproductive. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Website. You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.

It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print in hard-copy portions of this Website for the sole purpose of using this Website as a shopping resource. Any other use of materials or Content on this Website, including reproduction for a purpose other than that noted above without  Colorproductive’s prior written consent is prohibited.

Email

We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Colorproductive programs. Also, please remember that you are responsible for whatever material you submit and that you, not Colorproductive, have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any, and all, rights to materials and ideas submitted to us become the exclusive property of Colorproductive.

Privacy

You confirm that you have read, understood and agree to the Colorproductive Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Colorproductive, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the Colorproductive Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Website will be transferred to the United States and processed by Colorproductive in order to provide this Website and its services to you, or for such other purposes (as set forth in the Privacy Policy).

Disclaimer of Warranty

THE WEBSITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE.

General Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COLORPRODUCTIVE, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS WEBSITE OR WITH ANY DELAY OR INABILITY TO USE THIS WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Website, the User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by Colorproductive or Colorproductive for making a Request.

Some states—to the extent their law might be deemed to apply, notwithstanding the selection of California law as described (below)—do not allow the limitation of liability, so the foregoing limitations might not apply to you.

Indemnification

You agree to defend, indemnify and hold harmless Colorproductive and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order.

Third Parties

If you use this Website to submit Requests for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Website, including all rules and restrictions applicable thereto.

Each User using this Website for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party’s or the User’s failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Website (collectively, “Comments”), shall become and remain the exclusive property of Colorproductive. The Comments may be used in marketing collateral. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Links to other Web sites and Services

To the extent this Website contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to Colorproductive, and are neither its employees nor agents.

Termination of Usage

User access to all or part of this Website may be terminated or suspended at any time, without notice and for any reason.

Miscellaneous

The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions. None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the “Agreement”) between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Website. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Governing Law

This Agreement will be governed by and construed under, and the legal relations between the Parties will be determined in accordance with, the laws of the State of Colorado, without giving effect to such state’s conflict of law principles.  The Parties submit to the personal jurisdiction of, and agree that any legal proceeding with respect to or arising under the Agreement will be brought in, the state and federal courts sitting in the City and County of Denver, Colorado.

Copyright 2012 – 2017 Colorproductive | All Rights Reserved | Print and mailing provided courtesy of Colorproductive / Denver, CO | Colorproductive Name and Logo is property of Colorproductive Strategic Marketing Solutions LLC

RIGHTS

      4. Proprietary Rights Owned by Us

You will respect our proprietary rights in the Website and the software used to provide Colorproductive (proprietary rights include patents, trademarks, service marks, trade secrets, and copyrights). You may only use our brand assets according to our Brand Guidelines.

  1. Proprietary Rights Owned by You

You represent and warrant that you either own or have permission to use all of the material in your Messages. You retain ownership of the materials that you upload to the Service. We may use or disclose your materials only as described in these Terms and our Privacy Policy.

  1. Privacy Policy

We may use and disclose your information according to our Privacy Policy. Our Privacy Policy will be treated as part of these Terms.

  1. Right to Review Message Campaigns

We may view, copy, and internally distribute content from your Messages and account to create algorithms and programs (“Tools”) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.

RULES AND ABUSE

  1. General Rules

Colorproductive does not allow accounts with the primary purpose of promoting or inciting harm towards others or the promotion of discriminatory, hateful, or harassing content. To this end, we may suspend or terminate your account if you send an Message campaign, submit an advertisement or otherwise distribute any content that we determine, in our sole discretion, contains either of the following:

A Threat of Physical Harm. This means any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.

Hateful Content. This means any statement, image, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.

  • We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
  • An organization which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm.
  • A person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organization as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm.
  • A person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.

If you violate any of these rules, then we may suspend or terminate your account.

  1. Compliance with Laws

You represent and warrant that your use of Colorproductive will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.

LIABILITY

  1. Limitation of Liability

To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the month before.

  1. No Warranties

To the maximum extent permitted by law, we provide the material on the Website and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use Colorproductive for a variety of reasons, we can’t guarantee that it will meet your specific needs.

  1. Indemnity

You agree to indemnify and hold us and our Team harmless from any losses, including attorney fees that result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. (Indemnity is an agreement to compensate someone for a loss.) You also agree to indemnify and hold us harmless from any losses, including attorney fees, that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.

  1. Attorney Fees

If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.

  1. Equitable Relief

If you violate these Terms then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.

  1. Subpoena Fees

If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.

  1. Disclaimers

We and our Team aren’t responsible for the behavior of any advertisers, linked web sites, or other Members.

FINE PRINT

  1. Notice to U.S. Government End Users

The Software and Website, including all documentation, are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, and consist of “Commercial Computer Software” and “Commercial Computer Software Documentation.” The Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users:

  • only as Commercial Items,
  • with the same rights as all other end users, and
  • according to the Terms

Published and Unpublished rights are reserved under the copyright laws of the United States. Manufacturer is Colorproductive, LLC, 20394 E Euclid Ln, Aurora, CO 80016.

  1. Assignments

You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.

  1. Choice of Law

The State of Colorado’s laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Service. Any dispute related to the Terms, the Privacy Policy, or the Service itself will be decided by the state and federal courts in Arapahoe County, Colorado, and each party will be subject to the jurisdiction of those courts.

  1. Force Majeure

We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of God, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.

  1. Survivability

Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.

  1. Severability

If it turns out that a section of this Agreement isn’t enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.

  1. Interpretation

The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote these Terms won’t affect the way this Agreement is interpreted.

  1. Amendments and Waiver

Amendments or changes to these Terms won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.

  1. No Changes in Terms at Request of Member

Because we have so many Members, we can’t change these Terms for any one Member or group.

  1. Further Actions

You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.

  1. Notification of Security Breach

In the event of a security breach that may affect you or anyone on your Message distribution and/or mailing lists (each a “List”), we’ll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you’ll promptly do so.

  1. Notices

Any notice to you will be effective when we send it to the last Message or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us along with a copy to our legal counsel: Attn. Legal Department, Colorproductive, PO Box 461017, Aurora, CO 80046, or any addresses as we may later post on the Website.

  1. Entire Agreement

These Terms, our Privacy Policy, Acceptable Use Policy, API Guidelines (all of which are incorporated into these Terms by reference), and any additional terms you’ve agreed to by turning on specific features (“Additional Terms”) make up the entire agreement and supersede all prior agreements, representations, and understandings. Any Additional Terms will be considered incorporated into these Terms when you activate the feature.

Where there’s a conflict between these Terms and the Additional Terms, the Additional Terms will control.