TERMS of use

Acceptance of Terms of Use

Welcome to Mailologist.com (referred to as the “Site’ or the “Website”). Mailologist LLC, a California limited liability company (“Mailologist,” also referred to herein as “we” or “us”) operates through the use of the site, in which we provide customers with the ability to configure, order, and, and inquire about our full-service Every Door Direct Mail® (EDDM®) postcards.

We govern your access and use of the site through the following terms of use (“Terms of Use”), alongside our privacy policy and terms and conditions. All content, functionality, and services offered by the Site, whether you’re a guest or registered user, adheres to the terms of use set in place.

Before using the Website, please read Terms of Use, Privacy Policy, and Terms and Conditions carefully. Once you use the Website or put in an order, you agree to abide by these Terms of Use and our Privacy Policy. If you do not agree to our Terms and Conditions, you must cease access to the Site and any of our services. Any orders you may have placed before reading this should be canceled immediately by contacting Mailologist.

Every Door Direct Mail® (EDDM®) Services

Direct Mail Marketing poses risks. Mailologist LLC does not hold any liability for the results driven from your campaign. The scope of Mailologist LLC’s responsibilities revolves around the design, printing, and postage of your mail pieces to United States Postal Service®. Mailologist LLC is not liable for any lapses that USPS may incur.

Changes to the Terms of Use

Mailologist LLC reserves the right to revise and update these Terms of Use according to our discretion. All changes are automatically applied and effectively immediately once released. As a consumer, it is your responsibility to check any updates that may be added on in the future. Your continued use of the Site and our services means you accept and agree to any changes.

Content and Intellectual Property Ownership

Information available on our website may consist of various content materials.

The content available on or accessible through the Website can include a range of materials, including data, text, software, images, graphics, photographs, templates, videos, audio recordings, and other interactive or similar content. These materials, collectively referred to as the “Content,” are contributed by users, Mailologist LLC, or Third-Party Licensors. The Content provided by Mailologist.com or Third-Party Licensors may contain trademarks, copyrights, and other proprietary materials that are owned or licensed by them. These materials are safeguarded by laws, including trademark and copyright laws in the United States and international treaty provisions.


The Service’s overall appearance and design, including color combinations, text, images, names, logos, button shapes, layout, compilation, and presentation of information, along with all other visual elements (excluding those owned or licensed by Third Party Licensors), are also recognized as Mailologist LLC’s trademarks and/or copyrights.

The Content found on all pages of the Website is exclusively intended for customers to engage with Mailologist LLC and must not be used by you or any other individual or entity for any other purpose. Users do not acquire any copyright ownership or rights to the Content itself. Your utilization of the Content or the creation of products or materials using such Content does not establish joint authorship, joint ownership, or a “works made for hire” relationship in relation to the Content.

You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, or exploit any Content unless expressly permitted under these Terms of Use and without the prior written consent of Mailologist, the relevant Third-Party Licensor, or the legal owner of the Content.

Unauthorized usage of Content accessed through the Website may constitute trademark or copyright infringement, unfair competition, or other potential legal actions at the state or federal level, which could result in substantial civil penalties, damages, or other remedies. Deleting or altering any copyright, trademark, or other proprietary notices displayed on the Website is strictly prohibited. All rights not explicitly granted under these Terms of Use are reserved.

 

Trademarks

The term “Mailologist” and the associated Mailologist logo, as well as all related names, logos, product and service names, designs, and slogans (collectively referred to as the “Mailologist Marks”), are trademarks owned by Mailologist LLC, its affiliates, or licensors. Permission from Mailologist LLC in the form of prior written consent is required before using the Mailologist Marks. Any other names, logos, product and service names, designs, and slogans found on this Website are trademarks belonging to their respective owners.

Restrictions on User Material; Indemnification

By utilizing the EDDM® service, you acknowledge and accept the prohibition on requesting print orders, uploading, downloading, posting, emailing, or any other form of transmitting or communicating User Material, which encompasses text, data, photos, graphics, or any combination thereof used as a design for products on this Website or elsewhere, if said User Material falls under the following categories:

  • Any material for any unlawful purpose or that is obscene, offensive, cruel, pornographic, sexually suggestive, deceptive, profane, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, patently offensive, defamatory, libelous, vulgar, violent, discriminatory (for example, based on race, color, religion, gender, sexual orientation, age, national origin, ancestry, or physical/mental ability), negatively pertaining to any particular individual or otherwise objectionable, or that advocates any of the aforementioned impermissible messaging; Further, you understand and agree that any material that we deem in our sole discretion to be inappropriate or offensive will be rejected.
  • Any material that depicts celebrities or celebrity likenesses; local, regional, national or international public figures or newsworthy, notorious or infamous images and individuals.
  • Any material that the customer does not have a right to transmit or communicate under any contractual or fiduciary relationship or which infringes or may infringe any copyright, trademark, publicity, privacy, patent or other intellectual property right or any moral right of any person or entity.
  • Any material which is likely to cause harm to the Website, any system that runs or is connected to the Website or anyone else’s computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Website or any system that runs or is connected to the Website or which may cause any defect, error, malfunction or corruption to the Service; or
  • Any material that does not contain any form of valid indicia or payment for postage but emulates, resembles or could be confused with postal markings or text required or recommended by postal regulation.

By submitting an order for User Material, you acknowledge and accept full responsibility for ensuring that the User Material can be legally possessed and used in the state, province, or territory of your residence or the intended place of use. Furthermore, you confirm that you have obtained proper permission from any individuals whose images are included in the User Material for such use, and that the User Material fully complies with all the requirements outlined in this Agreement. When you provide purchase instructions for a product or service, you are warranting and representing to us that the User Material meets these requirements. While we are not obligated to do so, we reserve the right to assess the suitability of the User Material you submit for the EDDM® service and its compliance with these Terms of Use. Furthermore, if you violate the aforementioned restrictions on User Material and make such violation public, you acknowledge that Mailologist LLC’s reputation and goodwill will suffer significant harm. As a result, you will be held responsible for any resulting damages, including indirect and consequential damages, and Mailologist will have the right to seek legal remedies. Additionally, you agree to indemnify, defend, and protect Mailologist LLC, as well as their officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers, and representatives, from any and all claims, damages, losses, costs, and expenses (including attorneys’ fees) that arise directly or indirectly from: (a) your violation of any provision stated in the Website terms of use; (b) any materials you provide that constitute infringing materials; or (c) any of your activities related to the EDDM® service and/or the Website.

Accessing the Website and Account Security

Mailologist LLC reserves the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To utilize the Website or its available resources, you may be requested to furnish specific registration details or other information. It is mandatory, as a prerequisite for using the Website, that all the information you provide on the Website is accurate, up-to-date, and comprehensive. By registering on this Website or providing any information through interactive features on the Website, you acknowledge that our Privacy Policy (/privacy-policy) governs all the information you provide, and you give your consent to our actions regarding your information in compliance with our Privacy Policy.


If you select or receive a username, password, or any other information for security purposes, it is essential that you treat such information as confidential. You must not disclose it to anyone else. You understand that your account is strictly for personal use, and you agree not to grant access to this website or any of its sections to any other individual using your username, password, or any other security details. You are obligated to inform us immediately if there is any unauthorized access to your username, password, or if you suspect any security breach. It is also your responsibility to ensure that you log out of your account at the conclusion of each session. When accessing your account from a public or shared computer, exercise caution to prevent others from observing or recording your password or personal information.


We retain the right, at our sole discretion and without any obligation to provide a reason, to deactivate any username, password, or other identification information, regardless of whether you chose it or it was provided by us. This right can be exercised at any time if we believe you have violated any terms outlined in these Terms of Use.

Terms of Sale

Except as expressly provided otherwise, all Sales are Final.

Refunds will not be granted for orders unless the art files have not yet been uploaded to the site, submitted to customer service, or sent to press. If your order meets these conditions, you must contact Mailologist, LLC within 30 days to initiate a refund request. Any refund requests approved after the 30-day period will be provided as a credit towards your next order.

All refunds are subject to a 5% processing fee.

You acknowledge that Mailologist, LLC may place and print a small code on a customer’s print piece to help ensure accurate processing.

If a direct mail balance payment fails to go through within three business days from your mail drop date, your materials will be retained and prepared again for the next available drop date once your payment is successfully processed. A re-preparation fee of $25 per thousand pieces will be applied.

Mailologist cannot take responsibility for typing, image quality, or design errors on user-submitted artwork.

You must notify Mailologist, LLC within 6 business days of order acceptance of any damage discovered in the ordered product or the claim will be denied.

Mailologist LLC assures that prints will meet the quality standards of the print industry. In the event that a print is discovered to be defective, you have the option to reach out to Mailologist LLC for a reprint or alternative compensation. To initiate this process, a written notification must be sent via email to support@mailologist.com within 6 business days of receiving your order. It is necessary to provide samples of the flawed merchandise to Mailologist LLC before any resolution can be determined. Should the product be deemed defective, Mailologist will provide compensation within a period of thirty (30) days.

All charges related to shipping are NOT REFUNDABLE.

All deposits received are non-refundable 30 days after receipt.

Termination

Mailologist LLC reserves the right to terminate these Terms of Use at any time, without prior notice or providing a reason. If termination occurs, you will no longer have permission to access or use the website. However, the restrictions related to downloaded materials, indemnification obligations, and the disclaimers and limitations of liabilities stated in these Terms of Use will continue to apply even after termination.

Governing Law and Venue

You agree and acknowledge that the Website will be considered a passive site, which does not establish personal jurisdiction over Mailologist LLC in any jurisdiction other than the state of California. Furthermore, the Website will be regarded as located solely within the state of California.


These Terms of Use will be governed by and interpreted in accordance with the laws of the state of California, without giving effect to any principles or conflicts of law. Any claim, cause of action, or proceeding arising from these Terms of Use or the conduct of the parties will be initiated and maintained exclusively in the courts of the City of Temecula in the state of California, and in the United States courts to the extent that they possess subject matter jurisdiction. By accepting these terms, you irrevocably consent to the personal jurisdiction and venue of such courts.

Waiver of Jury Trial

By accepting these Terms of Use, the Privacy Policy, or the Website, you are relinquishing all rights to a trial by jury in any legal action or proceeding related to them.


In the event of a dispute (excluding disputes involving actual or threatened infringement of our intellectual property rights or those of our affiliates and Third-Party Licensors) arising from this agreement, we agree to initially attempt resolution through mediation with a mutually agreed-upon mediator based in or near Temecula, California. The costs and fees associated with the mediation, except attorney fees, will be shared equally by both parties.


If mediation fails to reach a mutually satisfactory solution, we agree to submit the dispute to binding arbitration in or near Temecula, California, according to the rules of the American Arbitration Association. The award rendered by the arbitration can be enforced in any court with appropriate jurisdiction.

Contact Information

If you have any questions or concerns regarding our Terms of Use, or the Privacy Policy, please contact Mailologist LLC at info@mailologist.com.

Notification of Copyright Infringement

If you have a sincere belief that your copyrighted content has been replicated on our website without authorization, and this replication amounts to copyright infringement, you have the option to inform our assigned Copyright Manager. To receive notifications regarding claimed infringements, please contact our support staff at support@mailologist.com. Rest assured that any personal information you provide in your notice will be utilized solely for matters pertaining to your notification.

*Low Price Guarantee for Full Service EDDM

Pricing will be matched (within 2 cents per postcard) up to ten days once an order is placed. The postcard must be on the same paper, and custom graphics work must be performed. They must also print the exact route quantity and use their bulk mail EDDM permit. They must be providing the design, modifying it, and doing custom artwork for your listing, printing on the same postcard weight, size, and coating, then mailing it out to each home on the route. This is for EDDM full service only. Send snapshots of the site’s appropriate information to apply for the Guarantee and an extra $10 off your order for your time and effort. Use actual pricing from their payment screen so it includes the latest Postal rates. Promo codes, reseller arrangements or special deals and promotions will not be considered. Note that the postcard sizes are nominal and may be plus or minus 1/4 inch.