Terms and Conditions
Acceptance of Terms and Conditions. By using the services of Zip Your Flyer, you (“you” or “the customer”) understand and agree that these Terms and Conditions are a legally binding agreement between you and Zip Your Flyer that is the legal equivalent of a written contract signed by both parties. Your agreement to these Terms and Conditions is confirmed by your continued use of Zip Your Flyer’s services. You agree that such affirmations are legally binding statements indicating agreement to be bound by these Terms and Conditions that are enforceable as the legal equivalent of your handwritten signature. By using Zip Your Flyer, you agree that you have received, reviewed, and understand these Terms and Conditions and that you agree to be bound by these Terms and Conditions. If you do not agree with these Terms and Conditions, we ask that you please discontinue all further use of Zip Your Flyer’s services and delete your account.
Proof & Approvals – Customer understands that a product proof will be loaded into their Customer Account under the tab Proofs Awaiting Approval. We will email or text message (if text number was provided) the customer when the proof is available for review. Customer is responsible for reviewing the proof, approving it or requesting needed revisions per instructions on the Approval Page. It is the customer’s responsibility to contact our office if they have difficulty reviewing the proof. For detailed proof times, please review our Proofing Schedule. Customer understands that we will not distribute an e-flyer or print, pack and ship print flyers without their approval. We may not be able to meet customer’s desired delivery times if customer does not reply to us with an approval in a timely manner. Once we have received final approval -during business hours- the product will be set up for delivery or printed and shipped. While we try to correct grammar and spelling errors, we are not responsible for correcting errors input by the customer in the original order entry. Occasionally a product has been delivered or printed and customer then discovers an error or change they overlooked during the proofing process. Generally, for an E-Flyer, we can change the image and most, but not all, new recipients will see the corrected version. We cannot guarantee that we can always make changes to an order after delivery. If we are able to make changes, we cannot guarantee that all recipients will see those changes. (Often an email browser will cache a previous version.) There may be additional charges to resend or reprint an order.
Revisions & Changes – Customer understands that revisions and changes may incur additional charges. We will process one set of revisions at no charge per product to text and/or photos. We require this set of revisions to be requested all together at one time. Excess revisions may incur a $10 charge each. A request to change a flyer’s color scheme or layout is considered an Order Change. If the proof has already been created and sent to the customer for review, an Order Change will incur a $25 charge.
Deliveries will be scheduled according to Customer’s request when approving the proof. When a customer requests a delivery ASAP, we will schedule the flyer to be delivered at the first opportunity during regular business hours. The customer will not receive another proof once an Approval has been received. We guarantee double digit open rates for all listing E-Flyers sent as an original order (we cannot guarantee a minimum open rate for a listing flyer if there is a technical issue with a third party email domain, such as gmail, hotmail or yahoo that is out of our control or for out of state listing campaigns). We will make every effort to work with each customer to ensure you are satisfied with our service. We will provide combined delivery metrics for repeat flyers ordered within a two-week period, however, a repeat flyer within a two-week time period is not subject to the double digit open rate guarantee.
Cancellations – In the event of an order cancellation, we will process a refund and reserve the right to retain a $25.00 cancellation charge to cover design and administration costs (Fast Lane charges will not be refunded). Cancellation refunds of less than 90 days after purchase date will be issued in either a store credit or a credit card refund. There will be no refunds after 90 days from date of purchase. Every effort is made by Zip Your Flyer staff to help agents or agent’s assistants remember to approve proofs with multiple reminder emails, calls and text messages sent. Once provided, eVIDEOS cannot be cancelled or refunded once the file has been delivered as a digital download.
In the event of an error where Zip Your Flyer is at fault, our liability does not extend beyond the cost of the product(s)(E-Flyers or Print Flyers) and replacement of that product(s). Our liability does not extend to any expenses incurred by the customer regarding any event promotion including, but not limited to food, signage, advertising, labor costs or time.
Delivery Areas – Customer understands that Zip Your Flyer E-flyer delivery area agent counts are approximate and our counts and pricing are always subject to change without notice.
Local Laws & MLS Rules & Regulations – The customer takes full responsibility to know and comply with any local laws and regulations, including but not limited to City, County, State, Realtor Association and Local MLS rules concerning advertising requirements and disclosures. The customer agrees to indemnify, defend, and hold harmless, Zip Your Flyer and its agents, affiliates, employees, owners, directors, managers, and licensors, from and against any and all claims, damages, losses, liabilities, costs (including but not limited to reasonable legal fees) or other expenses that arise directly or indirectly out of or from the customer’s breach or alleged breach of any clause in this Agreement; any allegation that the customer’s flyer and use thereof violates the copyright, trademark, trade secret, or other intellectual property right or other rights of any third party; any allegation that the customer’s flyer violates state or federal laws or regulations, including advertising laws such as, but not limited to, the Fair Housing Act, the Lanham Act, and the Federal Trade Commission Act and related regulations; and any of the customer’s uses of Zip Your Flyer’s services. Under no circumstances, including but not limited to a negligent act, will Zip Your Flyer or its affiliates or agents be liable for any damages of any kind that result from the use of, or the inability to use Zip Your Flyer’s services.
Right to refuse service – Zip Your Flyer reserves the right to refuse any order including but not limited to orders that we find offensive or that we feel our email recipients would find offensive.
Copyright – All product designs and elements are copyrighted by Zip Your Flyer, including but not limited to objects, vectors, jpg files, gif files PDF files and html. Zip Your Flyer Email Flyers may not be mass emailed by customers to their individual mailing lists, may not be duplicated or replicated or published in any manner without express written permission of Zip Your Flyer. If customer has purchased a PDF file of their product, they may print it for use in marketing their listing or service. A customer may share their flyer on social media platforms as long as they are using the “Share” version, which includes the Zip Your Flyer logo at the bottom, provided through the link at the top of each flyer. For each order you place, you represent that you have all rights necessary to grant Zip Your Flyer the rights to use materials you provide in connection with your order, and that you grant Zip Your Flyer an irrevocable, perpetual, worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit your order, in connection with the Services or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law.
Intellectual Property Rights of Others – Zip Your Flyer respects the intellectual property rights of others, and asks that everyone using our products and services do the same. Customers agree that they have the rights to any and all materials presented to Zip Your Flyer to create and distribute their order. If you believe that your work has been reproduced on the products and services in a way that constitutes copyright infringement, please refer to the Zip Your Flyer DMCA Notice.
Your Account – You should not share your Zip Your Flyer user account login information with others. You are responsible for all changes made, orders entered and actions taken when logged into your account. If you decide to share your login with an assistant, secretary, etc, you are responsible for any orders they enter or charges they incur.
Opting Out – All users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe from our website please send an email that you wish to unsubscribe to email@example.com. To unsubscribe from SMS text messages, text STOP to 320-335-9377. If you wish to unsubscribe or opt-out from any third party website, you must go to that specific website to unsubscribe and/or opt-out.
Term. These Terms and Conditions will be effective as of the date of your first use of Zip Your Flyer’s services and continue in perpetuity for the duration of your use of Zip Your Flyer’s services or until discontinuation of the Services by Zip Your Flyer. These Terms and Conditions may be updated, edited, modified, changed, or revised at any time and from time to time in the sole discretion of Zip Your Flyer. Changes to these Terms and Conditions become effective when an updated version of the Terms and Conditions are posted. As such, we ask that you check these Terms and Conditions periodically for updates. We will use reasonable business efforts to provide you with notice of an update or change to these Terms and Conditions, but we are not obligated to provide notice to you. The most recent version of these Terms and Conditions supersedes all previous versions. You may terminate this agreement at any time by deleting your account. Zip Your Flyer may terminate this agreement at any time in their sole discretion.
Applicable Law and Jurisdiction. These Terms and Conditions and all future agreements you will enter into with Zip Your Flyer, unless otherwise indicated on such other agreement, will be governed by the laws of the United States of America and the State of Washington, without regard to conflicts of law principles thereof. This is the case regardless of whether you reside or transact business with Zip Your Flyer or any of its affiliates or agents in the State of Washington or elsewhere. Unless a dispute would be governed by an applicable arbitration clause, you agree to submit to the personal and exclusive jurisdiction of the courts located within Snohomish County, Washington.
Severability. If any provision of these Terms and Conditions will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect.
Waiver. The failure of Zip Your Flyer to exercise or enforce any right or provision of these Terms and Conditions will not operate as a waiver of such right or provision. Any waiver of these Terms and Conditions by Zip Your Flyer must be in writing and signed by an authorized representative of Zip Your Flyer.
Relationship of the Parties. Nothing contained in these Terms and Conditions or the customer’s continued use of Zip Your Flyer’s services will be construed to constitute either Zip Your Flyer or the customer as a partner, joint venturer, employee or agent of the other party, nor will either Zip Your Flyer or the customer hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent and responsible for their own actions.
Intellectual Property – The Products & Services are the property of Zip Your Flyer, and subject to the intellectual property rights of Zip Your Flyer and its licensors. ©2005-2023 Zip Your Flyer. All rights reserved.
No Warranty or Guarantee – ZIP YOUR FLYER MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. ZIP YOUR FLYER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.