General Conditions: Blast Flyers, a division of Inland Redesign (hereinafter, "Blast Flyers," "we" or "us"), provides businesses and organizations with a variety of products, services, related tools and resources, for creating and distributing flyers through the use of its Site, email and other means. Blast Flyers has employees, independent contractors, and representatives. This website (“Site”) and its offerings, services, and products (collectively, “Products”) are subject to these terms and conditions, as may be amended by us, without notice (the “Agreement”). We may amend this Agreement from time to time due to changes to the Site or the Products, to account for developments under the law, or for any other commercially reasonable reason. Future performance by us of our obligations under this Agreement is sufficient consideration for any such amendment. Any amendment will only become effective upon notification to you (by email or by posting on our Site) and, if you do not want to agree to any such amendment, you should stop using the Site and the Products and contact us to cancel your account. By checking the box or clicking the button next to a link to these terms on any of our sign-up pages, by registering or logging in to your Blast Flyers account, by accessing the Site or by accessing or using any of our Products, you accept this Agreement on behalf of yourself and any business or organization you represent (collectively, "you"). Any terms and conditions that may be contained in any acknowledgement, invoice, purchase order or other form you provide are specifically null and void. Please read this Agreement carefully. If you do not agree with the terms of this Agreement, do not use this Site or Products.
Organizations: The Site and the Products are available only to persons or organizations that can form legally binding contracts under applicable law. You must be 18 or older, complete the registration process and agree to the terms and conditions to use this Site. By using Blast Flyers, you represent and warrant that you meet all these requirements. If you are using the Site or the products on behalf of an organization, you represent and warrant that you have the ability to bind such organization by your use of the Site and the Products. If you are using this Site and Products in your capacity as an employee, you must have the ability to bind your employer.
Refuse Service and Close Account: Blast Flyers may refuse service, close the accounts of any users, and change eligibility requirements to use this Site at any time. Blast Flyers may terminate this Agreement at any time and for any reason. Blast Flyers may also suspend our services to you at any time, with or without cause. Once terminated, we may delete your account and all the data associated with it from this Site.
Registration: You agree to provide true, accurate, current and complete information about yourself and your organization, in the registration, on this Site, and you agree to update any changes in information.
Other Users: You may authorize additional users to access your Blast Flyers account. However, you remain the Owner. You are responsible for any party that uses your account and his or her compliance with this Agreement.
Responsibility: You are solely responsible for the information, messages and contents submitted, posted, transmitted or made available through the use of this Site and we do not control nor monitor your content nor guarantee the accuracy, integrity, security or quality of such content. You are solely responsible for all information and content submitted and distributed.
Right of Enforcement: All users of this Site must adhere to the terms of this Agreement. We have the right, but are not obligated, to strictly enforce this Agreement through self-help, active investigation, litigation and prosecution. We have the right to access and disclose information, including any transactional information, related to your access and use of our Site for any lawful purpose, including, but not limited to, responding to emergencies, complying with laws and regulations, protecting our rights, property and that of our customers, or protecting our users of those services from fraudulent, abusive, or unlawful use.
Communications: Blast Flyers may send messages to you for any reason, without notice, except as mandated in this Agreement. These messages, include, but are not limited to, messages or promotional announcements that we believe to be of interest to you.
Fee Schedule: You will be billed according to 1 of 3 fee schedules: (1) per use charge of $19.99; (2) monthly subscription of $29.99; or (3) yearly subscription of $330.00. The monthly subscription allows unlimited use in the subscription month. The yearly subscription allows unlimited use in the subscription year.
Billing Changes: We may change our fees at any time by posting a new pricing structure on our Site or sending you a notification by email. You are responsible for reviewing the fees from time to time and remaining aware of the fees charged by us.
Charging Disputes: Any disputes about charges to you under this Agreement must be submitted in writing within 45 days of the date such charges are incurred. All disputes not brought within 45 days are waived, and all charges will be final.
Payments and Termination: Payment must be made in advance through PayPal. If the monthly payment option is selected you hereby authorize us to charge on a regular monthly basis and continuing for such time unless 30 days written notice of cancellation is provided. If the yearly payment option is selected you hereby authorize us to charge for another year period in the month before the year period has expired and continuing for such yearly time periods unless 30 days written notice of cancellation is provided before the end of the year period. If we are for any reason unable to effect payment, we will attempt to notify you by email and your Blast Flyers account may be disabled until payment is received or we may, in our discretion, suspend your account. There are no refunds for any fees paid. YOU ARE FULLY RESPONSIBLE FOR TERMINATING YOUR BLAST FLYERS ACCOUNT. WE ARE NOT RESPONSIBLE FOR YOUR FAILURE TO PROPERLY TERMINATE YOUR BLAST FLYERS ACCOUNT OR FOR CREDIT CARD OR OTHER CHARGES OR FEES THAT YOU INCUR FOR FAILING TO PROPERLY TERMINATE YOUR ACCOUNT AND THIS AGREEMENT.
Credit Cards: If you have an outstanding balance with us, we must have credit card information and you authorize us to deduct the charges against the credit card. You must replace the information for any credit card that expires with information for an active credit card. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that all charges billed on that credit card will be authorized and will not be rejected.
No Spam and Purchased Emails: You may not send spam from this Site and may not use purchased, rented, or third-party lists of emails addresses. Any violation of this rule will result in a suspension or termination of your account.
Receiving Parties: You may only use contact lists in connection with this Site and the Products for parties that consented to receive communications from you. You will not send any messages to contacts that have unsubscribed, removed themselves, or objected to receiving your emails.
Representations: In using this Site, you must represent yourself and organization accurately, and may not impersonate other persons or organizations.
Compliance with Applicable Laws: You can only use this Site and Products for lawful purposes, and must be in compliance with this Agreement, and other United States, state, local and international laws. You must not engage in unethical, false or misleading advertising, promotions or sales in connection with this Site. You are responsible for determining whether our services are suitable for you and in compliance with regulations such as HIPPA, GLB, EU Data Privacy Laws, or any other applicable laws. We will not be liable if your use of our services violates any laws.
Recipients View: Not all messages sent through the use of this Site or the Products may be capable of being viewed by the contacts or such views or formatting may appear different than what was sent.
Recipient Privacy: You must adopt and comply with customer privacy policies drafted by you or your organization. Your customer privacy policies must disclose how recipients’ data will be used by you and this Site. You must not disclose the following data in any form: insurance numbers, social security numbers, credit cards, security credentials, passwords, or personal or health information of any kind, including those in violation of HIPPA.
Blast Flyers Link: You agree that we may link our Site in the footer or similar location of your communications so long as it does not unreasonably obscure the message sent.
Software and Information Is Protected: You are not granted a license to any software by this Agreement and use of this Site, and any such use shall not be construed to confer any license or any intellectual property rights. You may not reverse engineer, translate, decompile or disassemble this Site. You must respect our proprietary rights on this Site and software used to provide Blast Flyers (including patents, trademarks, service marks, trade secrets and copyrights). This Site, and the information which it contains, as well as any of Blast Flyers’ Products are the property of Blast Flyers, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international law and other intellectual property laws. Blast Flyers retains all right, title, and interest, including, but not limited to, intellectual property rights, and all rights in the technology, telephone numbers, web addresses, software, or systems related to the Products and this Site.
Removal: We have no obligation to monitor your content. However, we maintain the right to do so and may block any messages and remove any content that violates this Agreement or any applicable law. This provision does not make us responsible or liable for compliance with any laws or obligations, for which you remain solely responsible and liable.
Contact Lists: We may obtain information you provide to us, including contact lists, email addresses and phone numbers of your contacts. However, you maintain ownership rights in such contact lists. You maintain responsibility for the accuracy and appropriateness of your contacts and content in accordance with the law and contractual obligations, including this Agreement. You warrant that you have secured all rights to your contacts and content.
Backups: You are solely responsible for backing up your contacts, content and any other information used on this Site.
Liability Limitation: TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF THIS SITE AND THE SERVICES AND PRODUCTS ON THIS SITE. WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOVER AND UNDER ANY CIRCUMSTANCE (INCLUDING WITHOUT LIMITATION, DAMAGE FOR LOSS OF PROFITS OR DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COST OF COVER OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF, OR RESULTING FROM THIS SITE, SERVICES OR PRODUCTS, OR THIS AGREEMENT WHETHER ARISING IN TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY), CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS MADE FROM THE USE OF THIS SITE IN ANY EVENT, TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, BLAST FLYER’S LIABILITY FOR DAMAGES (INCLUDING EXPRENSES FOR ATTORNEY’S FEES AND COSTS), REGARDLESS OF THE FORM OR TYPE OF CAUSE OF ACTION, WILL BE LIMITED TO $500.00 OR THE AGGREGATE AMOUNT PAID BY YOU TO BLAST FLYERS FOR THE SERVICES AND PRODUCT FOR WHICH THE CAUSE OF ACTION AROSE, WHICHEVER IS GREATER.
Indemnity: You agree to indemnify and hold us harmless from any losses, damages, liability, and expenses, including, but not limited to, attorney’s fees and costs that result from your use of this Site, its Services or its Products. You further agree to indemnify and hold us harmless from any losses, including, but not limited to, attorney’s fees and costs, that result from third-party claims that you, an authorized user or an unauthorized user using your password did that, if true, would violate this Agreement, result in actual or alleged infringement of any intellectual property, privacy or other right of any person or entity, violate any third-party rights, violate any rules, regulations, or laws, or arise from information or content that you submit, post, transmit or make available through use of this Site, its services, or its Products, regardless of the cause of action asserted or the party asserting it.
Disclaimer of Warranty: TO THE MAXIMUM EXTENT ALLLOWED BY LAW, WE PROVIDE THE MATERIALS ON THIS SITE, SERVICES AND PRODUCT “AS IS”. THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING THROUGH COURSE OF DEALING OR USEAGE OF TRADE, WARRANTIES OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR NON-INFRINGEMENT. PEOPLE USE BLAST FLYERS FOR MANY REASONS AND WE MAKE NO GUARANTEE THAT IT MEETS YOUR SPECIFIC NEEDS OR PURPOSES. NO COMMUNICATIONS BY US (WHETHER ORAL OR WRITTEN) SHALL CREATE A WARRANTY. WE HAVE NO LIABILITY TO ANY THIRD-PARTY AND ARE NOT RESPONSBILE FOR ANY CONTENT OR STATEMENT FROM A THIRD-PARTY.
Security of Username and Password: You are responsible for the security of your Blast Flyers account, passwords and files (including those of authorized users to the same). You are solely responsible and liable for any activities that occur under your username and by authorized users, if any, and we are not responsible for the actions of individuals who misuse your contact lists by using your username and password. We are not responsible for losses due to stolen or hacked username or passwords. You will notify us immediately of any unauthorized use of your account.
International Laws: As the Internet is used worldwide, you are responsible for complying with laws governing data exported from, and into, the United States. You are responsible for complying with laws outside of the United States related to use of this Site.
Severability: If any provision of this Agreement is unenforceable or invalid, that provision will be severed to the minimum extent so that the remaining portions of this Agreement remain in full force and effect.
Further Actions: You will provide all documents and take all necessary actions to meet your obligations under this Agreement.
Force Majeure: We are not liable for any default or delay in performance of any obligations under this Agreement, including those caused, directly or indirectly, by forces beyond our control, including, but not limited to, flood, fire, riots, earthquakes, strikes, power outages, unusual weather, changes to law or regulations, embargoes, acts of God, accidents, war, terrorism, communication interruptions, supply shortages, acts of hackers, or failures of third-parties to deliver materials needed to perform this Agreement.
Assignment: Your rights under this Agreement may not be assigned. We may assign all rights to any other individual or entity at our discretion.
Interpretation: The headings of this Agreement are for convenience only and have no legal or contractual effect.
No Agency Relationship: Except as expressly set forth in this Agreement, no agency, partnership, joint venture, or employment relationship are created by this Agreement, nor do you have any authority to bind us in any respect whatsoever.
Attorney Fees: In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover its costs and attorney’s fees.
Equitable Relief: If you violate this Agreement then we may seek injunctive relief or other equitable relief, including a request to the court to stop you.
Subpoena: If we respond to a subpoena on your behalf related to your account, you agree to pay our costs. These fees include, but are not limited to, attorney’s fees, costs and employee time retrieving any records, preparing the documents produced, and participating in any deposition, among other costs.
Disclaimer: We are not responsible for the actions of any advertisers, any linked websites, or the actions of any other members on this Site.
Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. All legal actions in connection with this Agreement shall be brought in Spokane County, Washington.
Notices: Any notice to you will be effective when sent to your last email address you gave us, sent to your last mailing address you gave us, or posted on our Site. Any notice to us will be effective to us when delivered by certified mail to: Attention Nick Barnes, 120 North Stevens, Suite 300, Spokane, Washington 99201, or when sent by certified mail to any address we may later post on this Site.
Entire Agreement: This Agreement constitutes the entire understanding the parties and supersedes any prior written and oral agreements, communications, or understandings related to the matters in this Agreement. Any waivers and modifications must be in a writing signed by both parties. No delays or omissions by either party in enforcing this Agreement or any law shall be considered a waiver of such remedy or right.
