Client's signature on Order Form constitutes written authorization for TouchFuse, LLC, a Florida limited liability company ("TFUSE") to perform services and/or contract with suppliers on Client's behalf. Client's signature also indicates an understanding and acceptance of estimates, prices, and Terms and Conditions listed below.
While every effort is made by TFUSE to get direct mail, email, and digital advertising impressions delivered by the targeted date, TFUSE is not responsible for the delivery of the mail by the United States Postal Service, email, and display advertising by third party deployment platforms and assumes no liability for late delivery or non-delivery -- for any reason - once it has been deposited with the Postal Service and other service providers.
The mailing lists and other consumer data utilized by TFUSE are supplied by third party compilers. While every effort is made to meet the client's selected criteria, no assurance can be given that the list or specific selections and filters chosen will be completely accurate. TFUSE processes all purchased and customer-supplied data with USPS approved software and other data hygiene tools to ensure the highest level of deliverability, but no list will be 100% deliverable. TFUSE grants Client a limited, revocable, non-exclusive, fee based, non-sublicensable, non-transferable, license and right to access the consumer data through the TFUSE software application; provided, however, Client hereby understands and agrees TFUSE owns and shall retain all right, title and interest in and to the consumer data.
Client hereby agrees that any and all credentials provided to it for purposes of accessing the TFUSE software application shall not be shared with any other party. Furthermore, Client agrees that the TFUSE software application shall only be accessed by authorized parties specifically disclosed to TFUSE. TFUSE specifically preserves all legal rights and remedies it has with respect to any violation of this provision by Client.
At times, TFUSE will utilize third party call center services as part of the marketing process. While TFUSE will make every effort to fulfill the client's request, Client understands and agrees that TFUSE shall not be responsible for any errors made with regards to telephony services.
Client agrees not to dispute any charges from TFUSE unless an effort in good faith to rectify the situation directly with TFUSE has been made, and those efforts have failed. Any credits issued by TFUSE for any reason will not exceed the amount originally paid. The parties agree that all disputes arising from this agreement shall be governed by Florida law and consent to the exclusive jurisdiction, venue and forum of any state or federal court in Hillsborough County, Florida. TFUSE shall be entitled to recover its reasonable attorney fees and costs in any action to collect any unpaid invoices. In addition, in the event that either party brings an action as a result of a dispute arising from this agreement, the prevailing party shall be entitled to recover its reasonable attorney fees and costs, including those on appeal.
Client acknowledges that there is a level of risk associated with any direct marketing program. Any response rate or level of expectation communicated by representatives of TFUSE is for illustrative purposes only, and does not in any way constitute a guarantee. Response rates will vary depending on numerous factors; many of which are outside of TFUSE's control. These include -- but are not limited to - postal/common carrier delivery delays or errors, inclement weather, other acts of God and world, national or local events. Past performance does not guarantee future results. TFUSE specifically disclaims all warranties, representations and conditions of any kind whatsoever, whether written or oral, express, implied or statutory, including, without limitation, any implied warranties of merchantability, of title, of non-infringement, and fitness for a particular purpose. Furthermore, TFUSE shall not be liable to Client or any third party, to the extent permitted under applicable law, for any indirect, consequential, exemplary, punitive, multiple, incidental, special damages, lost profits or lost savings arising out of this agreement.
Client assumes full responsibility to ensure that any mailer/invitation used by client is in compliance with all applicable state and federal laws, rules and regulations. Affiliates of FINRA member firms may be required to meet FINRA regulations regarding the content of mailers and other promotional material. TFUSE assumes no liability for compliance with applicable laws and regulations regarding suitability of content and shall not be responsible for any and all damages relating to the same.
Client agrees that the platform and all material, including written text, images, photographs, marks, insignias, logos or other graphics or artwork provided by TFUSE to Client is copyrighted property of TFUSE, and may not be used, reproduced or shared with anyone outside of Client's immediate staff; including, but not limited to, outside vendors, marketing organizations, broker dealers or advisors/agents. Client attests that any written text, images, photographs, marks, insignias, logos or other graphics or artwork provided by Client to TFUSE is not subject to any legal restriction, including but not limited to, copyright, trademark or trade secret. TFUSE will not be held responsible for production or distribution of such material.
Client's acceptance and approval of final proof indicates that client is taking complete responsibility for any errors or omissions as reflected on the proof. TFUSE will not be held liable for any of these errors or omissions once we have received final approval to proceed with the printing. Client agrees that once artwork and mailing list have been approved, any further revisions for that specific order will result in additional charges.
We reserve the right to modify or supplement these Terms and Conditions at any time. If we make any material change, we will update our website and platform to include such changes.
Date of last revisions: August 14th, 2019