Target Neighbors Terms and Conditions of Use

By accessing this site, you accept the following terms and conditions of use. If you do not accept these terms and conditions, do not use this site or otherwise access any of the content or services available through this site.

TargetNeighbors.com and all associated content and services accessible through the site are provided by Target Neighbors, LLC (“TN”). TN may update these terms and conditions at any time without notice to you. You should occasionally review these Terms and Conditions of Use (TCU) from time to time for the most current version.

1. Copyright Protection: All content included on the site, including but not limited to images, text, graphics, logos, and software, ("content") is the property of TN and its licensors. All content is protected by United States copyright laws and other intellectual property laws, and any rights not expressly granted herein are reserved to TN.
2. Our Service: TN provides the service of copywriting, designing, printing, and mailing direct mail marketing materials (service), as well as providing mailing lists. The services are available through the TargetNeighbors.com site and TN authorizes you to use the site and to access the services, provided you comply with the TCU. If you breach any of the terms of the TCU, your authorization to use the site and the services automatically terminates and you must immediately destroy any of the content you have downloaded or otherwise obtained. Please note that in providing the services, TN neither makes any representation or guarantee as to the results you will achieve from using the services. TN is not responsible for any typographical, spelling or grammatical errors either provided by the service or entered by you. TN is not responsible for the quality of any image that may be uploaded with the service.
3. Target Neighbors does not act as an agent, partner, joint venture, or in any other capacity on your behalf with the United States Postal Service ("USPS"). The USPS provides guidelines reguarding delivery times for various classes of mail, however TN makes no guarantees in this respect. All issues related to delivery of mail, including but not limited to scuffing or smudging by USPS postal processing and sorting equipment are matters solely between the USPS and yourself.
4. User Conduct: You are solely responsible for the content and context of all items and materials you compose or otherwise distribute in using the Services. You warrant and agree that, while accessing the site or any content and during or as a result of using any Service, you shall not:
   1. harass, threaten, embarrass, or cause distress or discomfort upon another party;
   2. transmit or otherwise distribute any information, data, text, files, links, software, messages, communications, or other materials that may be considered unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically, or otherwise objectionable;
   3. impersonate any other person or entity or misrepresent your affiliation with any other person or entity;
   4. violate any applicable laws, rules, or regulations or otherwise use the services in any manner that violates any applicable laws, rules, or regulations (including laws, rules, and regulations relating to unsolicited messages or calls and U.S. export requirements);
   5. upload, publish, transmit, reproduce, or distribute in any way information, software, text or images or other material that is protected by copyright or other intellectual property rights, without first obtaining proper permission; and
   6. upload, publish, transmit, reproduce, or distribute any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, terroristic, anti-American, controversial, homophobic, abusive, or otherwise objectionable information of any kind (including any transmissions constituting or encouraging conduct that would constitute illegal activity, give rise to civil liability, or otherwise violate any local, state, national or foreign law, rule, or regulation).
   7. violate the Direct Marketing Association's Guidelines for Ethical Business Practice (http://thedma.org/wp-content/uploads/DMA_Guidelines_January_2014.pdf /) and all federal, state and local laws, statutes, rules and regulations, including without limitation all applicable "do not call" legislation, when using list data with this service.
5. Refusal of Service: You understand that TN has no obligation to monitor your use of the services and the materials you develop with the services. TN does, however, reserve the right to review the same and to remove and/or suspend the services with respect to any materials that TN believes, in its sole discretion, are illegal or otherwise improper. TN also reserves the right, in its sole discretion, to require proof that you are authorized to distribute the content developed with the Services.
6. Use of Software: All software is made available for you to use solely in accordance with the TCU. You may not reproduce, modify, distribute, or otherwise make available the software to any third party. Service provider is Target Neighbors. Without limiting the foregoing, copying or reproduction of the software to any other server or location for further use, reproduction, or redistribution is expressly prohibited.
7. Disclaimers; Liability: Although TN believes that the site, the content, and the services are reliable and fully available, TN makes no guarantees with respect to any of the foregoing. Consequently, THE SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES ARE PROVIDED “AS IS” AND TN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY (WHETHER EXPRESS, IMPLIED, OR STATUTORY), FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FURTHER, TN DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SITE OR THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE SITE, THE SERVICES, OR ANY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. TN EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN. To the maximum extent permitted by applicable law, in no event shall TN (including its owner, officers, employees, and agents) be liable for any damages (including any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use the site, the services, or any of the software) even if TN has been advised of the possibility of such damages. You acknowledge that the applicable fees and prices reflect this allocation of risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable for any reason, then in no event shall TN’s liability to you for any matter arising under or relating to your use of the site, the content, or the Services exceed the total amount you paid to TN with respect to the particular services giving rise to the claim.
8. Modifications to site: TN reserves the right, for any reason, at its sole discretion, and without notice to terminate, change, suspend or discontinue any aspect of the services, the content, and the site (including features and hours of availability) and impose limits on certain features of the site or restrict your access to part or all of the site.
9. User Information: As part of your use of the site, you may provide certain information to TN or other users of the site. Except for applicable credit card or bank account and related information, any information or material you transmit to the site or otherwise provide to TN is considered non- confidential and non-proprietary and TN has no obligations of confidentiality with respect to the same. You agree that the party receiving that information can rely upon and use such information in any manner. You acknowledge and agree that you are solely responsible for the accuracy and content of all information provided by you. For more information on TN’s information use policy, please read our privacy policy
10. Billing: Gaining access to the services requires you to open an account. You must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also may choose a password and a user name (your email address). You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by TN or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. Orders may be billed according to arrangements determined by your enrollment and/or company mailing program. Your credit card will be billed for any charges that are your responsibility. TN makes every effort to ensure accurate pricing, but pricing errors may occur. By submitting an enrollment or order you agree to pay the price in effect for the applicable Service you are ordering. For pricing questions please contact us within 24 hours of the applicable enrollment or order placement. Please review your order information carefully before placing your order. Once placed, orders cannot be changed or cancelled.
11. Taxes: All fees are exclusive of, and you shall be responsible for and agree to pay, any and all local, state, federal and international sales, use, value added, excise, withholding and other taxes and duties of any kind arising out of or in conjunction with the use of the site or the services.
12. Indemnification: You shall indemnify, defend, and hold TN, its owner, directors, employees, and agents harmless from and against any and all claims, losses, damages, liabilities, judgments, and fees and expenses related thereto (including attorneys' fees), arising out of, based upon, or resulting from, any breach or violation by you of the TCU or any use by you of the site or the services. TN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In no event, however, shall you settle or otherwise dispose of any such matter without the prior written consent of TN.
13. Site Administration: TN administers the site from its offices in Wakefield, MA. TN makes no representation that the site, the content, or any Services are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials at the site or any copy or adaptation in violation of any applicable laws or regulations (including U.S. export laws and regulations). If you choose to access the site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
14. General Provisions: The TCU comprises the entire agreement between you and TN and supersedes all prior agreements between the parties, regarding the subject matter contained herein. If you become dissatisfied with the site, the content, or the services in any way, your sole recourse is to immediately discontinue use of the same. If any provision of the TCU is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to themaximum extent permissible so as to affect the intent of such provision and the remainder of the TCU shall continue in full force and effect. The failure by TN to exercise or enforce any rights or provisions of the TCU shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of, or related to, the site, the content, or any services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The TCU will be governed by and construed in accordance with the laws of the State of Massachusetts, without giving effect to any principles of conflicts of laws. The state and federal courts located in Middlesex County, Massachusetts, shall retain exclusive jurisdiction to hear all matters and disputes arising hereunder. All provisions in the TCU regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of the TCU or your use of the site, the content, or the services. Where the context so indicates, a word in the singular form shall include the plural, a word in the masculine form the feminine, and vice-versa. The term "include" and similar terms (e.g., includes, including, included, comprises, comprising, such as, e.g., for example), when used as part of a phrase including one or more specific items, are used by way of example and not of limitation.