Dynamic Social Engagement Terms of Use

1. Acceptance of Terms.

 

Please read these Universal Terms of Use (“TOU”) carefully as they govern your access and use of this website (“Site”) and the products and services provided herein (“Products” and/or “Services”). These TOU are in addition to (not in lieu of) any specific terms and policies that apply to the Products or Services you purchase or access through the Site, which terms and policies are incorporated herein by reference. The TOU and specific terms and policies referenced herein are collectively the “Agreement”.

As used herein, “Deluxe”, “we”, “us”, “our” or “ours” refers to Deluxe Small Business Sales, Inc. and its affiliates. “Customer”, “Account Holder”, “you”, “your” or “yours” refers to the customer accessing this Site and purchasing and using the Products or Services together with any company or other business entity you are representing, if any.

We reserve the right to make changes to the Site, the Products or Services and these TOU at any time without prior notice to you. You should therefore review these TOU each time you access this Site to keep apprised of these changes.

If you do not agree to the changes implemented by Deluxe, your sole and exclusive remedy is to terminate your relationship with us as a customer of the Products or Services. Unless explicitly stated otherwise, any new features or products that change, augment or enhance Deluxe’s Products or Services offerings will be subject to this Agreement.

Deluxe assumes no liability or responsibility for any inaccuracies, errors or omissions in any Content.  Deluxe also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading any materials, data text or images from the Site.

You agree to use this Site and our Products and Services in a responsible manner that is in compliance with these TOU and your local laws and regulations, including export and import regulations. If you are located in the European Union "EU" or are using the personal data of European Union data subjects in connection with your use of our Products and Services, you agree to the terms of our Data Processing Addendum and Privacy Policy.

By accessing, using and placing orders on the Site, using any of our Products or Services and/or electronically accepting any of our Agreements, you represent and warrant that you are at least 18 years of age and/or are otherwise recognized as being able to form legally binding contracts under applicable law, If you are agreeing to these TOU or any of our other Service Agreements on behalf of a corporate entity, you represent and warrant that you have the legal authority to similarly bind such corporate entity. You also agree to be bound by our Privacy Policy and to any additional related policies, guidelines, restrictions or rules that may be posted from time to time. All such additional posted guidelines, restrictions, or rules are incorporated herein by reference.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as required by law and our Privacy Policy.

2. Dynamic Social Engagement services

 

2.1 The Account

In order to transact a purchase on the you must first complete our registration process where you will provide us with your billing and contact information (“Your Account”). You agree to provide and maintain accurate, current and complete Your Account information about you, and any entity on whose behalf you order Products or Services.

You are responsible for maintaining the confidentiality of Your Account and are responsible for all activities that occur and orders that are placed under Your Account. You will immediately notify us of any unauthorized use of Your Account or any other breach of security and ensure that you exit from Your Account at the end of each session. We may suspend or terminate Your Account upon notice to you in the event that we reasonably determine that Your Account has been involved in a violation of this Agreement. You will cooperate with us with respect to investigations by us of any suspected or alleged violation of this Agreement and any action undertaken by us to enforce this Agreement. You will be liable for the losses incurred by us or others due to any unauthorized use of Your Account. Deluxe will not be liable for any loss or damage arising from your failure to comply with this section.

In the Account, the Customer will be able to view and access the services and features that are part of the Dynamic Social Engagement services provided to Customer as specified on by the Site. Deluxe may change and alter the services and features made available to the Customer at any time, and without notice remove. Deluxe may offer the Customer additional features, services, or promotions of various Dynamic Social Engagement services. If the Customer uses the additional features, services and/or promotions, such use will be governed by this Agreement, and the Customer accepts to comply when using these features, services, and/or promotions.

2.2 Invitation service

The Account allows the Customer to use the review invitation service (the "Service Review Invitation Service") as specified on the Site. It sends an invitation to complete a survey to post a review of their service experiences through a SMS text and/or email, with one or more notifications to the Customer's customers (the "Consumer"). The invitation includes a SMS text and/or email and a direct link to the survey webpage, where the Consumer can post a review of the Customer. The invitation is sent by Deluxe on behalf of the Customer so the Customer provides Deluxe with the necessary contact information in accordance with section 3.3.

2.3 Reviews and Social Website Embed Codes

The Account allows the Customer to use the Reviews and Social Website Embed Codes. There are two website embed codes, one for reviews and the other for social. The Reviews and Social Embed Codes are JavaScript that may be implemented by the Customer onto their own domain(s). Deluxe reserves the right to change the Reviews and Social Website Embed Codes at any time without any prior written notice. It is solely the responsibility of the Customer to ensure that Reviews and Social Website Embed Codes are implemented and maintained correctly on the Customer's domain(s).

2.4 Non-Deluxe Applications

Non-Deluxe applications can be web-based or mobile device applications that connects to the Site. Non-Deluxe applications include applications that are developed by a third party. Applications that are listed in app-stores, websites or similar marketplaces may be identified as Deluxe applications. These non-Deluxe applications is available to the Customer by Deluxe or a third party.

The Customer’s use and any exchange of data on non-Deluxe applications, are solely between the Customer and the non-Deluxe application provider. The Customer agrees that any data related to the Customer’s use of such Non-Deluxe Application is the sole responsibility of the Customer. If the Customer installs or enables non-Deluxe applications that connect with the Deluxe Service, including the Review Invitation Services, the Customer accepts that Deluxe may allow the non-Deluxe application provider to access the Customer's data on the Customer’s behalf, including Consumer data and confidential information, as required for the connection and interoperation of the non-Deluxe application with the Deluxe Service.

The Customer must provide the necessary data to create and send out review invitations to Consumers. The data must be added into the application using the provided interface and must include name, email address and/or phone number. The Customer warrants and represents that the Customer is entitled to allow Deluxe to process this data as required (including having obtained all necessary consents from Consumers) in order to deliver the review invitation service and that the use of data to deliver the review invitation services shall not breach any applicable laws related to data privacy.

2.4.3 The Customer may be required to accept separate terms for the use of non-Deluxe applications, and such terms will apply to the relationship between the Customer and the non-Deluxe application provider regarding the use of the non-Deluxe application. It is the sole responsibility of the Customer to ensure that such terms provide appropriate protection of and access to the Customer's data, including Consumer data and confidential information.

2.4.4 The Deluxe Service may also contain features that are designed to connect or interoperate with non-Deluxe applications. If the Customer wishes to enable such features, the Customer may be required to grant Deluxe access to the Customer's account(s) on the non-Deluxe applications, and the Customer warrants that Deluxe is lawfully entitled to access such information on behalf of the Customer. If the non-Deluxe application provider ceases to make the non-Deluxe application available to the Customer, Deluxe reserves the right to cease to provide these features to the Customer without entitling the Customer to any refund or compensation.

2.4.5 Third Party Integrations and Services
The applications may contain links to or allow you to connect and use certain external third-party products, services, or software, including certain social media networks and other integration partners. You may be required to sign up or log into such third-party services on their respective websites or applications. By enabling the applications to access such third-party services, you are permitting Deluxe to pass on your login information to the third-party services and granting the third-party services permission to access and process your data. You acknowledge that your use of such third-party services is governed solely by the terms and conditions and privacy policy of such third-party services (including, but not limited to, the Facebook Terms of Service located at https://www.facebook.com/legal/terms and the Google My Business Terms of Service located at https://policies.google.com/terms), and that Deluxe does not endorse, is not liable for, and makes no representations as the third-party services, its content, or the manner in which such third-party services uses, stores, or processes your data. We are not liable for any damage or loss arising from or in connection with your enablement of such third-party services and your reliance on the policies, privacy practices, and data security processes of such third-party services. We are not responsible or liable for any changes to or deletion of your data by the third-party services. Certain features of our Products may depend on the availability of these third-party services and the features and functionality they make available to us. We do not control third-party services features and functionality, and they may change without any notice to us. If any third-party services stops providing access to some or all of the features or functionality currently or historically available to us, or stops providing access to such features and functionality on reasonable terms, as determined by Deluxe in our sole discretion, we may stop providing access to certain features and functionality of our Products. We will not be liable to you for any refunds or any damage or loss arising from or in connection with any such change made by the third-party services or any resulting change to our Products. You irrevocably waive any claim against Deluxe with respect to such third-party services.

2.5 Review Insights

The Account has review and social insights, which provides certain analytics to Customer based on user reviews and social content implemented through the application. The Customer agrees that reviews and social insights are provided on an "as is" basis only and any information contained in reviews and social insights are not an opinion or business advice from Deluxe. The Customer is solely responsible for any business decisions it makes using reviews and social insights.

3. Customer conduct on the Dynamic Social Engagement service

 

3.1 Deluxe is not responsible and assumes no liability for the Customers' and other third parties’ conduct on Deluxe’s websites, applications or the use of the Deluxe services, including any review and social content published by the Customers and third parties ("User Content") including content provided by CML Media Corp. The opinions expressed in the User Content do not represent the opinions of Deluxe, its affiliates or any officers, directors, employees, contractors or shareholders of Deluxe and its affiliates.

4. Site Pricing

 

Deluxe strives to keep our Site up to date; however, occasional fluctuation in market conditions may change the price of Dynamic Social Engagement. Our goal is to honor the pricing shown on the Site, however, we reserve the right to change published prices of product offered on our Site at any time. If a published Site price is incorrect on an item you have quoted or ordered, we will contact you immediately with the most updated price or help you choose a different item that is within your budget.

5. Notice

 

We may provide communications and notices to you by means of a general notice on the Site or by email to the address on record in Your Account or by written communication sent by first class mail or prepaid post to your address on record. Such notice shall be deemed effective within forty-eight (48) hours of transmission by mail or within twelve (12) hours of transmission by email or by notice on the Site. You may withdraw your consent to receive electronic communications, however doing so may also require that you discontinue your use of the Services.

You may provide notice to us by sending an e-mail to support@dynamicsocialengagement.com or by sending a written notice by first class mail or prepaid post to: Attention: Customer Service, Deluxe for Business, 3680 Victoria Street North, Shoreview, MN 55126. Such notice shall be deemed effective when received by us.

6. Intellectual Property

 

You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided herein without our prior written permission. Except as noted otherwise in the text of the Site, the trademarks, logos, service marks, text, images and all other copyrightable materials displayed on the Site and available for use with the Products or Services constitute intellectual property owned by Deluxe or which Deluxe has the right to use on the Site (the “Content”). Nothing herein grants you any license or right, by implication, estoppel or otherwise, to use any Content without our prior written permission. Unauthorized use of the Content or any other content on the Site is strictly prohibited. You acknowledge that Content is being provided merely as a convenience and accommodation to you on an “AS IS” basis without warranty of any kind.

7. Terms Applicable to Digital Content

 

Some of our Products may contain, and some of our Services may provide you with, images, photographs, templates, animations, video, audio, music, text, supplemental software, "applets," and "online" or electronic documentation (together called the "Digital Content"). You may use, modify and publish the Digital Content in accordance with these terms. The copyright and all other intellectual property rights to the Digital Content shall remain with us or our licensors and you acknowledge that Digital Content may be used by other Deluxe customers. If we notify you that certain components of the Digital Content may no longer be used (for whatever reason), then such components cannot be used as part of a website design or template layout, nor can they be used in any other larger work. If you receive such notification, you agree to cease using and destroy all copies of those components of the Digital Content identified by us in your possession or control.

8. Notice Specific to Documents Available on this Site

 

You are granted permission to use documents provided on the Site such as white papers, data sheets and FAQs (“Documents”) provided that the content contained therein including any copyright notice is not altered or removed. Use of such Documents is for informational and non-commercial or personal use only and shall not be copied or posted on any network computer or broadcast in any media.

9. Materials Provided by You

 

In connection with your purchase of Dynamic Social Engagement, you will have the ability to view, post, publish, share, store or manage User Content via the Dynamic Social Engagement application. All such comments and postings are public, not private, communications.
Although we are not obligated to pre-screen User Content, we reserve the right to do so or to refuse or remove any User Content that, in our sole discretion, violates these TOU, our Acceptable Use Policy or is otherwise objectionable in our sole discretion.

You agree to back-up all of your User Content so that you can access and use it when needed. Deluxe does not warrant that it backs-up User Content, and you agree to accept as a risk the loss of any and all of your User Content. You agree to indemnify and hold Deluxe and its subsidiaries and affiliates and its and their officers, directors, employees, partners and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of our use of User Content.

10. Order Cancellation Terms and Conditions:

 

There is a 30-day 100% money back guarantee if the service is canceled within the first 30 days of the start date. If the service is canceled after the 30-day grace period and does not meet the 3-month commitment, a $99 early cancellation fee will be charged. After the 3-month commitment is fulfilled, the services will be auto renewed on a month-to-month basis. When the product is canceled, the last date of the billing cycle is the last date of service.

Trial Offers
Dynamic Social Engagement can be offered on a free or limited trial basis. Unless otherwise stated, limit one free or limited trial offer per person or entity during any one-year period. If you do not cancel your trial subscription during the offer period, your service will be auto renewed on a month-to-month basis. We will charge the credit card you provided during the registration process for the applicable monthly price.

11. Fees and Payments

 

You agree to pay any and all fees and payments due for the Dynamic Social Engagement service purchased at this Site and/or through a sales consultant at the time they are ordered. All fees and payments due are in U.S. dollars unless otherwise specified and are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.

Unless otherwise stated, you may pay for the Dynamic Social Engagement service by providing a valid credit card or ACH if available. You acknowledge and agree that it is your sole responsibility to modify and maintain your account settings, including but not limited to ensuring that your credit card or ACH information is current and valid. Failure to do so may result in the interruption or loss of Services. Deluxe will not be liable to you or any third-party regarding Services loss or interruptions.  You must notify us of any billing problems or discrepancies within fifteen (15) days after they first appear on your credit card or bank account statement, otherwise you waive any right to dispute any such discrepancy.

You acknowledge that Deluxe may use the services of a third party to automatically update your credit card expiration date. These recurring billing or account updating programs “Billing Programs” are supported by your credit card provider (and are ultimately dependent on your bank’s participation).  If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing payment method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us.

If we are unable to charge your credit card or bank account for the full amount owed the Dynamic Social Engagement service provided or if we incur a chargeback for any fee we previously charged to your credit card, you acknowledge that Deluxe may pursue all available lawful remedies in order to obtain payment including, immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf.

Deluxe reserves the right to charge you reasonable additional fees for, e.g. (i) service upgrades (one-time non-recurring charge) to be invoiced to you in the following billing cycle, (ii) tasks we may perform for you that are outside the normal scope of our Services, (iii) additional time and/or costs we may incur in providing our Products and Services to you, and/or (iv) your noncompliance with this Agreement as determined by us in our sole discretion. These additional fees will be billed to the credit card or other payment method you have on file with us.

Some of Deluxe’s Services offer an automatic renewal option that will automatically renew your service for a renewal period equal in time to the original service period.  For example, if your original service period is for one year, your renewal period will be for one year.  While the details of the automatic renewal option vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting.  Therefore, unless you cancel prior to the automatic renewal, Deluxe will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method you have on file with us.  Renewal fees will be charged at Deluxe’s then-current rates.

Deluxe expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online at this Site or otherwise communicated to you using the information on file with us, and effective immediately without further notice to you.  If you have purchased Products or Services for a fixed time period, changes or modifications in prices and fees will be effective when the Product or Service in question comes up for renewal. If you find any pricing change unacceptable, you may cancel your Service subscription(s) and terminate your Customer Account, however Deluxe will not be obligated to refund any remaining portion of your pre-paid fees.

If a Service is offered with a special promotion price or period offered by us, you agree that all subsequent periods after the initial promotion period will be billed at the then stated list price for the service.

Late Fees and Penalties. We reserve the right to charge late fees of 1% per month (18%, annually) or 6% of the amount due plus $10 per month for amounts not timely paid, whichever is more. Customer will be responsible for all reasonable expenses (including collection and reasonable attorneys' fees) incurred by us in collecting such amounts.

12. Term and Termination

 

The term and termination provisions of this Agreement and any applicable Services terms of use vary according to the Services selected by you when ordering and will be presented to you during the Services selection and ordering process. Deluxe reserves the right in its sole discretion to immediately terminate the Service for reasonable cause, including but limited to: (i) non-payment to us; (ii) failure to meet our credit requirements; (iii) non-compliance with any of the provisions of this Agreement or any Services terms of use; (iv) requests by law enforcement or other government agencies; (v) our ceasing to offer the Service; (vi) our inability to verify or authenticate any information you provide to us; or (vii) our conclusion, in our sole discretion, that your use of or access to the Service may result in liability to us. In the event of default by you, any and all payments required to be made to us by you shall be due and payable immediately. Termination of this Agreement shall not relieve you from any liability, including amounts owing, accrued prior to the time that such termination becomes effective.

13. Sales are Final 

 

One thing we’d like you to keep in mind is that all sales, unless otherwise noted, are final. Deluxe puts special care into working on your job and will not be able to give a refund once we’ve begun working.
Life is unpredictable, and some circumstances are beyond our control. We cannot be held responsible for:
Spelling, punctuation or grammatical errors made during your customization process
Poor image quality or low-resolution of your uploaded files
Design or color selection errors you submitted during the file creation process
Errors in user-selected options like product type, size, finishing options or quantity
Incorrect dimensions, image orientation or file submission in accordance with our specifications
Color-match guarantee without a hard-copy proof approval
Delivery delays due to improperly prepared files
Duplicate orders by the customer
Incorrect file layout for folding, scoring, hole drilling, die cutting or other custom services

14. Disclaimer of Warranties

 

The Site and the Dynamic Social Engagement service available via the Site are provided by use on an “AS IS” and “AS AVAILABLE” basis. Therefore, you understand that your use of the Site and the Dynamic Social Engagement service is at your sole risk. To the fullest extent permissible pursuant to applicable law, Deluxe and its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Deluxe and its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors do not warrant or make any representation regarding any content we provide including its availability, accuracy, spelling or grammar, or that your use or the results of your use of our Products or Services in terms of effectiveness, accuracy or reliability, will produce any guaranteed or stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely, secure or error-free manner. Deluxe shall be permitted from time to time to interrupt any Service in order to provide maintenance affecting that Service.

15. Limitation of Liability

 

Deluxe is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store or maintain any of your Account data or your Content. Deluxe and its subsidiaries, affiliates and agents and its and their officers, directors, employees, agents, partners and licensors will not be liable to you for any special, direct (with respect to your use of the Site only) indirect, incidental, consequential, punitive, reliance or exemplary damages, including without limitation losses or liability resulting from (i) loss of data, loss of revenue, anticipated profits, or loss of business opportunity; (ii)  the accuracy, completeness or content of the Site, Services or any Third Party Information, (iii)  personal injury or property damages; (iv) any unauthorized use of or access to the Site, the Services, any of our servers including, without limitation, any User Content or data including personal and/or financial information stored thereon; (v) any interruption or cessation of Services related to the Site or third party sites; any viruses, worms, bugs or the like which may be transmitted to or from the Site of any third party site ; (vi) any User Content or conduct that violates our Acceptable Use Policy or any other applicable policy; (vii) any loss or damage of any kind resulting from your use of, or inability to use, the Site or the Services made available through the Site or any act or omission by Deluxe, even if advised of the possibility of such damages.

Deluxe’s liability and your exclusive remedy related to non-performance of any Service shall be: (i) repair, replacement or adjustment of the product or Service, or (ii) where repair, replacement or adjustment is not practicable, an equitable credit not to exceed the charges invoiced to you for the portion of the product or Service which were non-performing.

For any product or Service we provide to you, the aggregate liability of Deluxe its subsidiaries affiliates and agents and its and their officers, directors, employees, agents, partners and licensors, whether in contract, tort or any other theory, will not exceed an amount greater than the purchase price of the product or Service actually paid to Deluxe. In states where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases Deluxe’s aggregate liability will be limited to the fullest extent permitted by applicable law. Any cause of action arising out of or related to the Site or the Services must be commenced within one (1) year after the cause of action arises or any such action will be permanently barred.

16. Indemnification

 

You shall indemnify, defend and hold Deluxe, its officers, directors, employees, shareholders, agents, affiliates, licensors and subcontractors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable attorneys’ fees), arising out of or in connection with any claim, action or proceeding (collectively, "Claims") arising out of or related to any act or omission by you in using the Site or any Product or Service ordered via the Site including but not limited to your violation of the Agreements terms of use or policies found on the Site or infringement of any third party proprietary rights by you.

17. Jurisdiction and Governing Law

 

Unless otherwise noted in any applicable Agreement, this Agreement, the Services and all matters arising out of or relating thereto will be governed by the laws of the State of Minnesota without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the Products or Services offered via the Site will be brought in the state or federal courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.

18. General, Contact Information

 

Deluxe shall not be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage, acts of god, electrical, internet, or telecommunication outage that is not caused by us, government restrictions (including the denial or cancellation of any export or other license), or other events beyond our reasonable control.

Deluxe will provide you with email support at no additional charge for technical questions and issues relating to your use of the Site. You may contact our support services by emailing us at support@dynamicsocialengagement.com. Our mailing address is Deluxe Small Business Sales, Inc., 3680 Victoria Street North, Shoreview, MN 55126.

All sections of this Agreement which, by their nature, should, shall survive termination including payment, indemnity and the disclaimers of warranty and limitations of liability.