Terms and Conditions

Proof & Approvals – Customer understands that a product proof will be loaded into their Customer Account under the tab Proofs Awaiting Approval. We will email 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 per product to text and/or photos. We require this set of revisions to be requested all together at one time. More than four sets of 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 the 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, 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 less a $25.00 cancellation charge to cover design and administration costs (Fast Lane charges will not be refunded). If a print order has been printed but not shipped, we will not issue a refund for the print portion of an order. Cancellation refunds of less than 90 days after purchase date will be issued in either a store credit or a mailed check. 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. 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.

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.

Third Party Websites, Links & Products – If your product submission includes links to third-party products, services and Websites, Zip Your Flyer does not endorse, and takes no responsibility for such products, services, and Web sites.  Zip Your Flyer products may link to a Google Map.  In using our service, and clicking on a Google Maps link, you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy.)

Subscribers Agree that as a subscriber to our service you are not allowed to copy, modify or distribute any information found on an E-flyer for commercial purposes, or contact agent or service provider or use any other contact information found on the E-Flyer for any commercial purpose other than that for which it was intended.   The intended purpose of the E-Flyer is specifically to learn more about the listing or service in order to possibly sell that listing as a licensed real estate agent or use the service as was advertised or marketed on the E-Flyer.  To protect our customers, using the contact information provided on an E-Flyer for any other commercial purpose is considered a violation of our Terms of Service and our Privacy Policy and can be subject to litigation and damages of up to $20,000 per violation.

E-Flyer App – In using the E-Flyer App you have verified that you are a licensed real estate agent or broker.   You are not allowed to copy, modify or distribute any information found on a flyer or in the E-Flyer App for commercial purposes, or to contact the agent or service provider or use any other contact information found on the flyer or in the E-Flyer App for any commercial purpose other than that for which it was intended.   The intended purpose of the flyer and the E-Flyer App is specifically to learn more about the listing or service in order to possibly sell that listing as a licensed real estate agent or use the service as was advertised or marketed on the flyer and in the E-Flyer App.  To protect our customers, using the contact information provided on an E-Fflyer for any other commercial purpose is considered a violation of our Terms of Service and our Privacy Policy and can be subject to litigation and damages of up to $20,000 per violation.

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.

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. ©2005-2018 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.

LIABILITY LIMITATION; EXCLUSIVE REMEDY – IN NO EVENT WILL Zip Your Flyer OR ANY SUPPLIER BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST Zip Your Flyer OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.

Updated 8/24/2018