SERVICES PROVIDED: T65inbound.com is owned and operated by S.D. Shafran, Inc. (hereafter referred to as “T65inbound.com”). T65inbound.com, located at 325 Sound Rd Ste 200, Holly Ridge, NC 28445., provides graphic design, printing materials, mailing preparation, and other marketing support services. T65inbound.com does not guarantee or represent that it provides a return on investment, guaranteed income, leads, orders, customers, response rates, or any desired, expected, or intended results. T65inbound.com reserves the right to use subcontractors and/or vendors to assist with the fulfillment of the design, printing, and mailing preparation services.

T65inbound.com is in no way responsible for “CMS Compliance” or any state or federal requirements imposed on insurance agents. CMS Compliance, and any “Medicare Marketing” compliance, is 100% the responsibility of the agent sending the mail.

T65inbound.com is a print vendor and makes no representations regarding compliance of template mail pieces - all agents must approve all mail pieces, and all agents have the opportunity (and responsibility) to add any compliance-required elements to their letters.

T65inbound.com expressly states that marketing includes risk. Customers utilizing T65inbound.com understand and agree that there may not be sales or leads or phone calls or e-mails or text messages or “walk-ins” or any other contact from prospects as a result of marketing using T65inbound.com’s design, printing, and mailing preparation services..

1. TURNAROUND: T65inbound.com uses best efforts to meet or exceed every Customer’s expectation and request, including production and shipping dates. However, quoted and published ship or mail dates are t65inbound.com’s best estimates and not to be considered guarantees.

2. SCHEDULE: Production turnaround time begins on/after the estimated printing date provided to the customer. Holidays are excluded from business days.
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1. PAYMENT TERMS: Payment terms will be noted on each invoice.

2. ALL SALES ARE FINAL: Because each print job is created custom for the Customer, it cannot be

   reused or resold. ALL SALES ARE FINAL.

3. ORDER CANCELLATIONS AND REFUNDS: Credits or refunds for cancellation of orders are

   available on orders that have NOT been placed into production. There are no refunds if an order

   is canceled AFTER it has been placed into production.
   Because orders are typically part of a campaign of letters sent out in segments, T65inbound.com charges a $100 early cancellation fee. Additionally, if your pricing was lower due to volume, we will make appropriate adjustments. This helps us recover our set-up and administrative costs.

4. RIGHT TO REFUSE: T65inbound.com reserves the right to use its sole discretion in refusing to print

   anything it deems improper, offensive, or known to be illegal. T65inbound.com is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The Customer guarantees the legal title of all matter approved for printing by T65inbound.com. T65inbound.com also reserves the right to refuse to provide service to any Customer it wishes for any reason.

5. USPS DISCLAIMER: T65inbound.com provides design, printing service and mailing preparation services. T65inbound.com DOES NOT provide mail delivery services. This service is provided by United States Postal Service (“USPS”).

6. USPS TIMING: T65inbound.com is not the USPS and cannot guarantee the delivery schedules or in-home dates of the Customer’s mailings. T65inbound.com’s services are completed when the Customer’s mail is delivered to the dock of the USPS by T65inbound.com or it’s contractors/vendors. If there is a delivery or service issue specific to USPS, T65inbound.com will assist Customer in coordinating all available resolutions with USPS directly. USPS will require specific and/or verifiable proof of error. A self-certified statement that a postcard was not received is not a verifiable error for USPS.
   In the event that a portion of the mailing is determined to have had an error by USPS, it does not warrant the entire mailing to be reproduced or refunded.

10. USPS PROOF OF DELIVERY: T65inbound.com considers acceptable proof of delivery from USPS is any one or more of the following:

• ▪  Verbal or written confirmation by a USPS employee at the delivery unit.

• ▪  Official postal form 3602 for Standard Mail

• ▪  Official postal form 3600 for First Class Mail

• ▪  Official postal form 8125 for Drop Shipped Mail

• ▪  Delivery completed scan for priority shipments when applicable.

11. MAILING LIST QUALITY: T65inbound.com is not responsible for undeliverable or returned pieces on any Customer mailing list data regardless if T65inbound.com has processed NCOA and CASS certifications.

12. PURCHASED MAILING LISTS: Mailing lists that are purchased from T65inbound.com come with absolutely no quality guarantees from T65inbound.com. However, T65inbound.com acquires all mailing lists from it’s list vendor: SL360.com. T65inbound.com encourages customers to evaluate the deliverability guarantees by SL360.com. As of the last update to our terms and conditions, SL360.com states a 94% deliverability guarantee. T65inbound.com will not address any deliverability issues and customer should expect no assistance on deliverability issues.

If a customer is unsatisfied with the mailing list quality from SL360.com, then the customer must acquire his/her own mailing list from a different vendor/source.

T65inbound.com does a bi-monthly scrub against the NCOA (vendor: MelissaData).

13. POSTAGE FEES: Customer should explicitly recognize that T65inbound.com is not the USPS and any money paid for postage is collected and paid to USPS on the Customer’s behalf. These funds are not T65inbound.com’s and are not refundable for any reason by T65inbound.com

14. POSTAGE REFUNDS: UNDER ABSOLUTELY NO CIRCUMSTANCES WILL POSTAGE BE REFUNDED FOR ANY REASON ONCE A JOB HAS BEEN TRANSFERRED TO THE USPS FOR MAILING.

15. LIMITATIONS OF LIABILITY: LIABILITY FOR ANY ERROR, MISTAKE, OR FAILURE TO PERFORM SERVICES OF ANY NATURE IS EXPRESSLY LIMITED TO THE VALUE OF THE WORK INVOICED. UNDER NO CIRCUMSTANCES SHALL T65INBOUND.COM BE LIABLE TO ANY CUSTOMER FOR LOSS OF BUSINESS, LOSS OF PROFITS, FAILURE TO OBTAIN CERTAIN BUSINESS RESULTS, RESPONSE RATES, SALES, POSTAGE OR ANY OTHER DIRECT OR CONSEQUENTIAL DAMAGES AS A RESULT OF ANY ERROR, MISTAKE, OR FAILURE OF US TO PERFORM SERVICES. THIS INCLUDES BUT IS NOT LIMITED TO; LIST ADDITIONS, REQUESTS MADE AFTER ORDER APPROVAL, AND USPS ERRORS. T65INBOUND.COM IS NOT LIABLE FOR IN ANY MANNER OR AMOUNT FOR USPS PERFORMANCE FAILURES, DAMAGE, OR DELAYS AND MAKES NO WARRANTY WHATSOEVER REGARDING USPS PERFORMANCE.

16. SEVERABILITY: If any provision of this Agreement or the application thereof shall, for any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement nor the application of the provision to other persons, entities or circumstances shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law.

17. INDEMNIFICATION: The Customer represents that it has the legal right to produce all printed materials ordered. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a “Claim”) is made or commenced against T65inbound.com based upon, relating to or arising from the alleged wrongful acts of the Customer, or alleging that the printing performed or product produced by T65inbound.com ordered by the customer: (a) infringes any copyright, patent or other proprietary right of any person; or (b) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify and hold T65inbound.com harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1) defending T65inbound.com against any such Claim (2) paying any judgment or award against the customer; and (3) reimbursing T65inbound.com for any legal fees and expenses it reasonably incurs in responding and defending the Claim.

18. PRIVACY STATEMENT: Any information T65inbound.com collects from order processing or from any inquiries is not shared with any other Company. Customer information is only used for contact, billing, and shipping purposes.

19. DISPUTES AND VENUE: The Customer agrees that any and all disputes or claims related in any way to the Customers Order with T65Inbound.com shall be adjudicated in Pender County, NC and will be subject to North Carolina state law.

20. DATA SECURITY AND MALWARE POLICY / DISCLAIMER OF WARRANTY: The Customer agrees and acknowledges the following: (a) that T65inbound.com does not warrant that any of its or vendor websites or electronic services will be uninterrupted, error free, or immune from hackers that create data breaches and data theft, and further that T65inbound.com, and its various third-party providers (such as Amazon, Squarespace, Square, etc.) may occasionally experience “hard outages” due to internet disruptions, or data security breaches. T65INBOUND.COM EXPRESSLY DISCLAIMS ANY WARRANTY OR ASSURANCE OF DATA INTEGRITY, SECURITY, OR PERFORMANCE. Any such breaches or outages shall not be considered a breach of this Agreement. Further, T65inbound.com agrees to use reasonable commercial efforts to ensure that there are no viruses or undocumented feature in any software, email, or data files at the time of delivery to the Customer (a virus will be defined as any harmful, hidden programs or data incorporated in a computer software program that destroys or impairs the program and/or data from processing its normal business operations); and the software does not contain any embedded device or code (e.g., time bomb), but T65inbound.com MAKES NO WARRANTY EXPRESS OR IMPLIED THAT MALICIOUS CODE WILL NOT BE PRESENT ON ANY CUSTOMER COMMUNICATION OR DATA FILES.

21. FORCE MAJEURE: In no event shall T65inbound.com be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, hurricanes, tropical storms or threat of same, strikes, work stoppages, accidents, acts or threats of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, hurricane, threat of hurricane, it being understood that T65inbound.com shall use reasonable best efforts which are consistent with accepted practices in the printing industry to resume performance as soon as practicable under the circumstances.