TERMS & CONDITIONS

Last updated 12/10/2019

Just Listed/Sold Postcards:
It is a FREE SERVICE for custom Just Listed/Sold Postcards to be prepared for review/approval within days of your transaction. If you approve the postcard, they will be mailed to target homeowners using the mail list you select/edit. Postcards are full color and sizes are Jumbo Folded (4.25” X 5.5”), Jumbo Flat (5.5” X 8”), or Panoramic (5.5” X 11”). Visit 50FreePostcards.com for details. There is a $3.95 processing fee for each postcard order.

NOTE: In the event it has not gone to print, any requests by you to pull a postcard after you have approved and paid for the design will result in a $25.00 fee for re-processing the job. In the event the postcard was printed but not yet mailed, you will be responsible for paying 43¢ per piece in addition to the original per piece cost if you wish to send out a revised postcard. It is possible some of the cards you request to be pulled may still end up being mailed, as thousands of postcards must be sorted by hand, and some might be missed despite our best reasonable efforts to remove them.
Free Home Estimate Maps:
Available on all our postcards, our Free Home Estimate Maps and a Personalized URL (PURL) that directs the user to FreeHomeEst.com for an estimated home value.
Financial Considerations:
You understand and agree that all fees and costs related to your use of this program, website, and other materials/services provided will be charged to your credit card listed in this agreement or provided to us at later date(s) that you agree to maintain in a current and valid status. When agents participate as a team with costs split between team members, if one member fails to make payment when due, the remaining member(s) will be billed.

Agents wanting to be contacted to change credit cards before being billed each month will be charged $4.95 per occurrence. This charge will not apply when updating an expired credit card.
Protection under U.S. Copyright and Patent Law
All postcards and other materials supplied through 50FreePostcards are copyrighted and are to be used solely with this system. You may not use nor copy any of the materials provided for any other prospecting either through personal contact or other mailing efforts. All content included on this Site and other sites built through 50FreePostcards (including text, graphics, logos, button icons, images, data compilations, and software) ("Content") is the property of 50FreePostcards (and as applicable, its licensors). All Content is protected by United States and international copyright laws and other intellectual property laws, and any rights not expressly granted herein are reserved to 50FreePostcards.
Our Service
50FreePostcards provides the service of composing, printing, and mailing real estate marketing postcards and provides mailing lists and other information and materials to assist you in your marketing efforts (e.g., the "Services").

Services available through this Site and other Sites provided through 50FreePostcards authorizes you to access the Services provided you comply with these Terms and Conditions (TAC).

If you breach any terms of the TAC, your authorization to use the Sites 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, 50FreePostcards neither makes any representation or guarantee as to the results you will achieve from using the Services nor does it act as an agent, partner, joint venturer, or in any other capacity on your behalf or on behalf of the United States Postal Service (USPS).

Standard class USPS delivery time averages ten (10) to fifteen (15) business days, however 50FreePostcards makes no guarantees in this respect. All issues related to delivery of mail are matters solely between the USPS and yourself.
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:

  • harass, threaten, embarrass, or cause distress or discomfort upon another party;
  • 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;
  • impersonate any other person or entity or misrepresent your affiliation with any other person or entity;
  • 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);
  • upload, publish, transmit, reproduce, or distribute in any way information, software, or other material that is protected by copyright or other intellectual property rights, without first obtaining proper permission; and
  • upload, publish, transmit, reproduce, or distribute any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, 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).
Disclaimers; Liability
Although 50FreePostcards believes that the Site, the Content, and the Services are reliable and fully available, 50FreePostcards 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 50FREEPOSTCARDS 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, 50FREEPOSTCARDS 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. 50FREEPOSTCARDS EXPRESSLY DISCLAIMS ANY WARRANTIES NOT STATED HEREIN. To the maximum extent permitted by applicable law, in no event shall 50FreePostcards (including its directors, 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 50FreePostcards 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 50FreePostcards have liability to you for any matter arising under or relating to your use of the Site, the Content, or the Services exceed a sum equal to one monthly program fee and/or costs paid by you associated with the specific mailing or portion thereof. Full credits for mailing issues will not be considered unless it was caused by major data discrepancies not reviewed by you.
Modifications to Site
50FreePostcards reserves the right, for any reason, at its sole discretion, and without notice to (i) terminate, change, suspend or discontinue any aspect of the Services, the Content, and the Sites (including features and hours of availability) and (ii) impose limits on certain features of the Site or restrict your access to part or all of the Site.
User Information
As part of your use of the Site, you may provide certain information to 50FreePostcards or other users of the Site. Except for applicable credit card and related information, any information or material you transmit to the Site or otherwise provide to 50FreePostcards is considered non-confidential and non-proprietary and 50FreePostcards has no obligations of confidentiality with respect to the same (see Privacy Policy for more information). 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.
Information Used For Promotional Purposes
50FreePostcards may use your non-confidential information relating to products purchased and used by you for promotional purposes. To opt out of having your information used in promotions, contact us in writing via email, fax or letter stating you do not want to have your information used for this purpose (see contact information below).

Privacy Policy
Please visit our Privacy Policy page.

Modifications to Site
RSP reserves the right, for any reason, at its sole discretion, and without notice to (i) terminate, change, suspend or discontinue any aspect of the Services, the Content, and the Sites (including features and hours of availability) and (ii) impose limits on certain features of the Site or restrict your access to part or all of the Site.

Billing
If any of 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 may change your username. 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 RSP, 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. Your credit card will be billed for any charges that are your responsibility. 50FreePostcards makes every effort to ensure accurate pricing, but pricing errors may occur.

No Refunds
No refunds on monthly fees or charges associated with the branding, production, printing and/or mailing of materials will be issued for any reason.

Use of Provided Phone Lists
Agent understands and agrees that 50FreePostcards may provide, with other products/services supplied by 50FreePostcards to agent, telephone numbers of consumers the agent is sending Target Farm Reports to. 50FreePostcards uses commercially reasonable efforts to identify which of the telephone numbers supplied by 50FreePostcards to agent are registered under one or more of the DNC Lists ("Do Not Call" lists maintained by the Federal Trade Commission, a state agency, and/or the Direct Marketing Association). In using the materials supplied by 50FreePostcards, agent represents and warrants that agent will comply with any and all federal and state laws, rules, or regulations regarding telephone solicitations and Do Not Call requirements. Agent shall indemnify, defend, and hold harmless 50FreePostcards and its representatives, successors, and permitted assigns from and against any and all claims made or threatened by any third party and all related losses, expenses, damages, costs and liabilities, including reasonable attorneys' fees and expenses incurred in investigation or defense, regardless of the theory of liability or the nature of the legal proceeding ("Damages"), to the extent such Damages arise out of or relate to any failure by Agent to fulfill any compliance requirement or obligation of Customer under any federal or state law, rule, or regulation relating to telephone solicitations or Do Not Call requirements.

Indemnification
You shall indemnify, defend, and hold 50FreePostcards, its officers, 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 TAC or any use by you of the Site or the Services. 50FreePostcards 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 50FreePostcards.

Site Administration
50FreePostcards administers all Sites from its offices in Bradenton, Florida. 50FreePostcards makes no representation that the Sites, Content, or 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 Sites 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 Sites from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

General Provisions
The TAC comprises the entire agreement between you and 50FreePostcards and supersedes all prior agreements between the parties, regarding the subject matter contained herein.

If any provision of the TAC is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of such provision and the remainder of the TAC shall continue in full force and effect. The failure by 50FreePostcards to exercise or enforce any rights or provisions of the TAC 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 TAC will be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any principles of conflicts of laws, all matters arising hereunder shall be exclusively venued in Sarasota County, Florida, and you agree to the exclusive jurisdiction of the state and federal courts located in Sarasota County, Florida.

All provisions in the TAC regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of the TAC 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.

More Information
For more information please contact

50FreePostcards
5110 Lena Road
Bradenton, Florida 34211
E-mail: Info@50freepostcards.com
Web: www.50freepostcards.com

Owned/operated by RSP-USA, Inc.
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