Terms of Service
Privacy Policy
Our Guarantee
Sending mass emails to opt-in recipients is still not an exact science. There are numerous reasons why emails do not get delivered and we are constantly updating our systems to accommodate these changes. However, on any given day, at any given time, for no apparent reason, an email may not be deliverable. We take this into account when pricing our services and guarantee that we will have no more than 10% undeliverable addresses. If you should find your analytics (after 48 hours) to have not met that threshold, let us know and we will prorate you a refund.
Circulation may change
We are constantly updating our lists, so our circulation numbers may vary day to day. The results of your search are current for that day, but may change ever so slightly the next day or change on the day you have scheduled for your email to deploy. We charge you based on the originally contracted numbers. This number may be slightly different than the figure you expected however, We Guarantee that no matter how the circulation increases, we will not increase your costs; if circulation should decrease by over 10%, you can request a prorated refund.
Security & Payment Information
We are a verified Authorize.net merchant. Your credit card info is collected in a secure, encrypted server thru SSL (Secured Socket Layer) channel.
Right to Reject
We reserve the right to reject any email flyer we deem to be inappropriate for our audience.
CAN-SPAM Law
We actively support the CAN-SPAM Law and all emails that we deploy are fully compliant and include all provisions of the law. We stay current and compliant on all federal and state requirements. We do not send spam.
Opt-Out Policy
We make an extra effort to remove every opt-out request within 36 hours (the law allows 10 days for removal). Each flyer that is deployed contains our “footer” which includes all requirements of the CAN-Spam Law. Our automated opt-out system removes desired address within hours; manual opt-outs (those that are sent with the “reply” button as opposed to the opt-out button) are removed within 12 hours. We keep out lists clean and up-to-date
Unacceptable Materials
We reserve the right to reject any flyer we deem inappropriate for our audience. We specifically do not send flyers for:
- Recruitment ads to Realtors
- Pornography
- Viagra and other such medicines or devices
- Cigars or cigarettes
- Guns
- Politics or lobbying efforts
- Any illegal endeavors
Legal Agreement
This agreement concerns your purchase of a service in which EmailFlyersOnTarget, Ltd. agrees to send your specified email flyer or campaign.
The ability to predict the amount of recipients that will open and respond to your email message is simply not possible.
Success and Open Rates will vary solely on your ad message. We've seen high open rates and also seen emails that generate barely any opens! So it's really impossible to predict. The main factor will be your ad message and market conditions. In some cases advertisers may experience little or no signups, sales, or inquiries from their campaign.
We are NOT responsible for the success OR failure of your email marketing campaign.
Due to the nature and electronic data and service EmailFlyersOnTarget, Ltd. provides, EmailFlyersOnTarget, Ltd. does not accept cancellations, requests for modifications, or returns for credit or refund. All sales are final. In the event that a customer requests a refund, EmailFlyersOnTarget, Ltd. has full authority to affirm any refund whatsoever.
You understand that this purchase will appear on your credit card statement under the name EmailFlyersOnTarget, Ltd. and in the event you have any problems with this order, you can contact us for a prompt resolution. You understand that by using our email marketing services, we can't be held responsible for successes or failures that may incur.
We respect ALL privacy acts.
The campaign starting date is specified at the time of order. Due to variances in amounts of orders at different times, the starting date may fluctuate slightly, and we are in no way to be held responsible if your campaign does not start by a specific date. You are guaranteed that EmailFlyersOnTarget, Ltd. will send your email campaign within 36 hours of the original deploy date. This is the only guarantee for this service. In no event shall EmailFlyersOnTarget, Ltd. be liable for any consequential, direct, indirect, incidental, punitive, or other damages whatsoever (including, but not limited to, damages for loss of profits, loss of information or other financial loss) arising out of the use or inability to use the service, even if EmailFlyersOnTarget, Ltd. has been advised of the possibility of such damages.
Email campaign(s) will be delivered using the ad submitted with the order. In the event that there is an error with the submitted Ad or any URLs, Images, or files contained in the ad, the Client will not hold EmailFlyersOnTarget, Ltd. responsible for the error.
In the event that the Client's site becomes unavailable for any reason ("server is down or unavailable, timed out, or shows to be active but with internal server errors, 404 errors and other types of common or uncommon errors associated or not with the internet and its underlying infrastructure"), the Client will NOT hold EmailFlyersOnTarget, Ltd. responsible for these errors. Any and All campaigns delivered on behalf of the Client, using the Clients Ad during this down time will not be credited or refunded.
Client understands that hit counters on your site do not accurately represent the number of visitors sent to your site from a campaign. This is due to the large amounts of traffic sent to the site in a relatively short timeframe. Client also understands that EmailFlyersOnTarget, Ltd. does not guarantee sales or signups and will not issue a refund if none are achieved.
We reserve the right to host any and all images that might appear in an email ad on one of our servers.
The client understands and acknowledges that the campaign report received by EmailFlyersOnTarget, Ltd. to be true and accurate and agrees to hold EmailFlyersOnTarget, Ltd. as well as all companies and individuals involved harmless for any unexpected results arising from any advertising campaign.
Client Support
Support staff is available Monday thru Friday, 10am to 4pm EST. Client also understands that technical support may not be available at the exact time in which the client initiates contact.
Client agrees to these terms of service and understands that they are legally binding.
EmailFlyersOnTarget, Ltd. reserves the right to stop a campaign at any time without refund due to CAN-SPAM Violations.
Property Rights
Flyer(s) created by EmailFlyersOnTarget.com remain the property of EmailFlyersOnTarget.com and include HTML code as well as other formats. It is forbidden to further mass email these flyers to personal distribution lists as well as thru other email senders without written permission from EmailFlyersOnTarget.com.
Use of Name/Logo/Email Flyer for Marketing Purposes
Unless specifically instructed otherwise, client grants permission to EmailFlyersOnTarget, Ltd. to post flyer, company name and/or logo on our website in our section “Clients” or for use in marketing promotional materials.
Legal Use
If our services are used for illegal purposes, then you will be in violation of our Terms of Service, and we will cancel your account immediately.
Changes in Services, Terms and Conditions, and Fees
EmailFlyersOnTarget, Ltd. may modify these Terms of Service or prices and may discontinue or revise any and all other aspects of the service in EmailFlyersOnTarget, Ltd.’s sole discretion upon 15 (fifteen) days notice. Subscriber shall be deemed to have accepted any such changes or modifications by continuing to use the Service after the end of such fifteen day period. A copy of EmailFlyersOnTarget, Ltd.'s standard Terms and Conditions including any such changes made to such Terms of Use from time-to-time is available at www.emailflyersontarget.com or a new address of which EmailFlyersOnTarget, Ltd. gives subscriber notice.
If any provision of this Agreement is deemed invalid or unenforceable by any jurisdiction or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable and the remaining provisions will remain in full force and effect.
These terms and conditions are subject to change at any time after the stated term has ended.
By placing an order with us, you acknowledge that you agree to these terms and conditions.
Force Majeure
Neither party shall be liable for any failure or delay in performance under this Agreement (other than for delay in the payment of money due and payable hereunder) to the extent said failures or delays are proximately caused (I) by causes beyond that party's reasonable control and occurring without its fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers, or party to substantially meet its performance obligations under this Agreement, provided that, as a condition to the claim of nonliability, the party experiencing the difficulty shall give the other prompt written notice, with full details following the occurrence of the cause relied upon. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused.
Corporate Information
EmailFlyersOnTarget, Ltd.7945 MacArthur Boulevard
Suite 218
Cabin John, Maryland 20818
Phone: 301.320.0849
Fax: 301.468.7005
Email: info@emailflyersontarget.com
