Thank you for visiting GoCampaigns.com. GoCampaigns.com will be referred further in this document as "we", "us", or "our". Demographic, credit and property data provides will be referred further in this document as "The Service". These Terms and Conditions are effective for all websites, partner portals, products, and services that fall under the GoCampaigns.com domain.
This Terms and Conditions document is a general agreement between GoCampaigns.com and users of our website, products, or services. BY USING OUR WEBSITE, PRODUCTS, OR SERVICES YOU ARE AGREEING TO THE TERMS AND CONDITIONS DETAILED HERE. Please review the Terms and Conditions specified here and the Privacy Policy before you use our website, products or services. If you do not agree to or accept our Terms and Conditions, please do not use our website, products, or services. The Terms and Conditions explained here can be subject to change without prior notice and solely at our discretion based on emerging technologies, business practices, and customer needs. Any change is effective immediately upon posting to our website. If any modification to our terms and conditions are unacceptable, please cancel your agreement as provided below. Your continued use of our website will be conclusively deemed acceptance of such modification.
The Terms and Conditions explained in this document include, but are not limited to, the following:
Copyright
All content, including but not limited to, text, graphics, logos, icons, images, online tools and software in all
websites, partner portals, products, and services that fall under GoCampaigns.com's domain are the property of
GoCampaigns.com and are protected by the United States Copyright laws and other relevant Intellectual Property laws.
Our Services
Some of the services GoCampaigns.com provides include Lead generation, PDF Creation, Template Creation, Address File
Creation, Regulatory Compliance and Print and Mail Fulfillment through our tools and through third party service
providers. These services are available through our website and we authorize you to use all our services, provided
you consent to our Terms and Conditions. If you breach any of our Terms and Conditions while using our services,
your authorization to use our services will be immediately terminated and you must immediately destroy any of the
content you have created, downloaded or obtained otherwise. Please note that we do not make any representation or
guarantee as to the results you might obtain while using our services, including services offered by third parties.
In addition, you are prohibited from using our online tools and software with any unauthorized or improperly obtained
third party content.
Restrictions on Use
Unless expressly authorized otherwise, Customer agrees to, represents, and warrants to GoCampaigns.Inc , both during and after the term of this Agreement, the following provisions:
(a) The Service is for the sole use within Customer’s own organization and by Customer’s own employees or agents. The Service may not be shared with affiliates or any third party, including joint marketing arrangements. The Service may not be used outside the United States without the prior written consent of GoCampaigns.Inc.
(b) Customer agrees both during and after the term of this Agreement that Customer shall not: (i) disclose, use, disseminate, reproduce or publish any portion of the Service in any manner other than as stated in this Agreement, (ii) permit any parent, subsidiaries, affiliated entities or other third parties to use the Service or any portion thereof (iii) process or permit to be processed the Service or any portion thereof, except in accordance with the provisions of this Agreement, with other data or software from any other source, (iv) allow access to the Service through any terminals located outside of Customer’s operations, (v) use the Service to create, enhance or structure any database in any form for resale or distribution, except in accordance with the terms of this Agreement, or (vi) use the Service to create derivative products. Customer shall be solely responsible for obtaining any and all necessary licenses, certificates, permits, approvals or other authorizations required by federal, state or local statute, law or regulation applicable to Customer’s use of the Service. GoCampaigns.Inc. makes no representations or warranties about the legality or propriety of the use of the Service in any jurisdiction, state or region.
(c) Customer will (i) not use for solicitation the name, mailing address or telephone number of a consumer that is designated within the Service as requesting protection from solicitation, (ii) abide by all prevailing federal, state, and local laws and regulations governing fair information practices and consumers’ rights to privacy, and (iii) limit access to consumer information to those individuals who have a “need to know” in connection with Customer’s business and will obligate those individuals to acknowledge consumers’ rights to privacy and adhere to fair information practices and consumer’s right to privacy.
(d) Customer will not use the Service (i) as a factor in establishing an individual’s eligibility for credit or insurance, (ii) in connection with underwriting individual insurance, (iii) in evaluating an individual for employment purposes, (iv) in connection with a determination of an individual’s eligibility for a license or other benefit granted by a governmental authority, (v) in connection with any permissible purpose as defined by the Fair Credit Reporting Act (15 U.S.C. Sections 1681 et seq.), or (vi) in any other manner that would cause such use of the Service to be construed as a consumer report by any authority having jurisdiction over any of the parties;
(e) Customer will not use the Service for any purpose that (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) violates any law, statute, ordinance or regulation (including without limitation the laws and regulations governing unfair competition, anti-discrimination or false advertising), or (iii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(f) To the extent Customer is authorized under this Agreement to publish or otherwise permit access to the Service on a World Wide Web site or otherwise via the Internet, Customer will adopt, publish, and comply with privacy policies that comply with either the guidelines established by TRUSTe.org as more fully set forth at http://www.truste.org, the Better Business Bureau, such other organization as the parties mutually agree to select; or Customer’s privacy policy if attached hereto Exhibit P.
(g) Customer will comply with the published guidelines of the Direct Marketing Association and federal and state laws regarding the use and dissemination of data such as the Service.
(h) Customer agrees to conduct only one mailing per lead purchase and customer agrees to conduct any phone follow up within 60 days of mailing.
TERMS AND RESTRICTIONS ON CUSTOMER'S’ USE OF DEMOGRAPHIC DATA FROM FIRST AMERICAN CORELOGIC, INC. (“FACL”)
Manner of Use. Customer shall use the Demographic Data provided under this Agreement for a one (1) time marketing use in accordance with all federal, state and local laws, industry guidelines, including but not limited to relevant Direct Marketing Association Guidelines, Customer ’s own privacy policies and in a manner that gives due consideration to matters concerning privacy. Customer shall not, in any Direct Marketing Activities including but not limited to direct mail solicitations, telephone solicitations or surveys, refer to any selection criteria or any presumed knowledge about the consumer being contacted. The Demographic Data shall not be (a) merged or incorporated with any other file, (b) used to enhance a file or list owned by any third party, (c) used to develop any list, enhancement or product, or (d) used to prepare, publish, clean or maintain any directory. Customer shall not grant access to the Demographic Data to individuals incarcerated in prisons or correctional institutions.
Copy Review. Upon GoCampaigns request, Customer shall provide GoCampaigns with a copy of the direct mail solicitations or telephone scripts to be used in connection with the Demographic Data, prior to the date of Demographic Data shipment. GoCampaigns reserves the right to review any such solicitations or scripts for compliance with this Agreement. In the event Customer fails to provide such items, GoCampaigns may delay shipment of the Demographic Data with no liability toGoCampaigns. If, in GoCampaigns sole judgment, the subject solicitations or scripts fail to comply with this Agreement, GoCampaigns may cancel or terminate any Customer'sr order, with no liability to GoCampaigns
Audit. Customer shall maintain current, accurate and complete records relating to its use of the Demographic Data for at least twelve (12) months after each marketing communication, including, but not limited to: sample mail pieces, telemarketing scripts, ad copy or other communications. GoCampaigns, or any representative it designates, shall have the right to examine, copy and make extracts from all such records and any source documents used in preparation thereof, at any time during normal business hours, provided GoCampaigns gives Customer reasonable notice prior to any such examination.
Security. Customer shall provide for physical security of the Services with the same degree of care (provided that such is at least a reasonable degree of care) that Customer uses to protect its own most sensitive data. Within ninety (90) days of the receipt of use of the Demographic Data, or termination of this Agreement,Customer shall destroy or return to GoCampaigns all Demographic Data or other information derived from the Demographic Data.
FCRA.Customer understands that the Demographic Data has not been collected for credit purposes and is not intended to be indicative of any consumer’s credit worthiness, credit standing, credit capacity, or other characteristics listed in Section 603(d) of the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. Sect. 1681 et seq. Customer shall not use any Demographic Data as a factor in establishing any consumer’s eligibility for (i) credit or insurance used primarily for personal, family or household purposes; (ii) employment purposes; or (iii) other purposes authorized under Section 604 of the FCRA, 15 U.S.C. Sect. 1681(b), or any similar statute.
Our Online Tools and Software
All online tools and software including, but not limited to, our LeadMiner, PDF Converter, Print and Address File
Manager, and Contact Manager, are made available for your use solely in accordance with our Terms and Conditions.
You may not reproduce, modify, distribute, or otherwise make this software available to any third party or unauthorized
websites. The law strictly prohibits any usage of our online tools or software not in accordance with our Terms and
Conditions and any illegal use may result in severe civil and criminal penalties. All violators of our Terms and Conditions
with respect to our online tools and software will be prosecuted to the fullest extent possible.
Processing of User, Billing, Address and Shipping Information
As a part of signing up on our website or partner portals, you are required to provide a unique, valid and currently
used email address and a password. This information will be used as specified in the Privacy Policy. You are solely
responsible for the accuracy of the information you provide and also for keeping your password secure.
To place orders and to use certain services, you are required to provide your Billing information. Your Billing information will be kept strictly confidential as explained in our Privacy Policy. You are solely responsible with providing us with valid and current Billing Information. We reserve the right not to produce your order or offer our services if you provide invalid Billing Information. You are entirely responsible for all activities that occur under your account and you must agree to notify us immediately of any unauthorized usage of your account or any other breach of security. We will not be held liable for any loss incurred as a result of someone else using your password or account, with or without your knowledge. You could be held liable for any losses incurred by us or any relevant third party as a result of someone else using your account. You may not use anyone else's account at any time, without the express permission of the account holder. We make every effort to ensure accurate pricing, however due to unforeseen circumstances, pricing errors may occur. By submitting an order or using our services, you are agreeing to pay the price relevant to the order of the service. Please review your order carefully before you submit it and if you have any pricing questions, please contact us immediately.
For purposes of mailing, you may be required to provide address information. This will be passed on to the relevant third party essential for the service rendered and will be used strictly under the conditions explained in the Privacy Policy. The United States Postal Service (USPS) mailing standards require any addresses that do not contain "Or Current Resident" or "Or Current Occupant" to be compliant with move update requirements.
Order Dispute and Resolution Policy Regarding Print Fulfillment
We will complete your print and mail fulfillment order in accordance with industry-wide trade standards for color
and registration and according to the parameters defined in your order request and as outlined on our website.
Due to the highly automated processes incorporated in the fulfilling of your order, any changes required to an
order must be communicated to GoCampaigns.com by personal telephone contact (1-877-994-8100) during our normal
business hours, 08:00 AM - 05:00 PM, Monday - Friday, Pacific Time, as soon as possible (except holidays). We will
not accept email or voice mail communication requests to change or cancel an order. Any changes to an order can
result in delays in the fulfillment of your order. Orders that have been printed cannot be changed or canceled and
will be billed as ordered.
Order Delivery- Print and Mail Fulfillment
GoCampaigns.com makes no guarantee in meeting mail and print fulfillment turnaround timeframes, but we do pride
ourselves on quick order fulfillment. We operate on a Monday - Friday schedule. GoCampaigns.com uses third-party
service providers to deliver your order and is not liable for delivery problems caused by these providers. These
providers include, but are not limited to, The USPS First Class or Standard (Bulk) Mailing orders are deposited into
the USPS mail stream at the Business Mail Entry Unit of the San Rafael Main Post Office, after which they become the
responsibility of the USPS. These mailings are addressed with the addresses provided in your address file(s). Address
files must meet our addressing and address file specifications as defined on our website. USPS delivery standards
on First Class mail are three (3) to five (5) business days and five (5) to twenty-one (21) business days for
Standard (Bulk) Mail. Customers are encouraged to request a card be addressed to them during the ordering process.
This "seed card" is mailed to the recipient and address identified as "Ship To" on the order. When you place your
order, you agree that our delivery to the USPS fulfills our order fulfillment requirements, and serves as Signed
and Accepted Order Delivery, after which you waive any right to dispute any related order credit card charges because
of failed delivery by the USPS.
Color Matching, Proofing, and Alterations- Print and Mail Fulfillment
GoCampaigns.com does not perform "color matching". Since monitor calibration varies widely, we run to uniform toner
levels and a "pleasing color" standard. Pleasing color is defined as satisfactory even though it may not precisely
match the original sample.
Billing, Automatic Renewal and Order Cancellation
By using the GoCampaigns service, you are expressly agreeing that we are permitted to bill you for any charges you may incur in connection with your use of the GoCampaigns service.
Charges will include Lead purchases, email list purchases, printing and mailing charges. As used in these Terms of Use, "billing" shall indicate either
a charge or debit, as applicable, against your payment method. All fees and charges are nonrefundable and there are no
refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and
charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a
different payment method or if there is a change in your credit card validity or expiration date, you may edit your
payment method information by clicking on the "Your Account" button, available at the top of the pages of our web
site. If your payment method reaches its expiration date, your continued use of the service constitutes your
authorization for us to continue billing that payment method and you remain responsible for any uncollected
amounts.
Automatic Renewals
Your GoCampaigns subscription will be automatically renewed on a monthly basis.Your membership will automatically renew for successive monthly
subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it.
Cancellation
You may cancel your subscription to GoCampaigns at anytime, and cancellation will be effective immediately. YOU WILL BE RESPONSIBLE FOR ANY BALANCES OWED. IF ANY CREDIT IS DUE, IT WILL BE REMITTED WITHIN 30 DAYS OF CANCELLATION. ACCOUNTING WILL BE BASED ON NUMBER OF LEADS DELIVERED AND ANY PRINT AND MAIL FUFILMENT CHARGES DUE. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION. To cancel, click the word "Cancel" on the "Your Account" page and follow the instructions for cancellation under the heading "Cancel Membership".
We reserve the right to terminate your account for any or no reason.
Links to Other Sites
From time to time you may notice offers from other companies we are affiliated with, advertised on our website. We take precautions to select product or service providers who are responsible and able to provide privacy protection to you, in case you access their products or services. However, we cannot take any responsibility or make any representations about the practices and policies of the affiliate companies. When clicking on such a link, you agree that you are no longer protected by our Privacy Policy.
Site Administration
We administer our website, products, and services from our office located at 1111 Irwin Street, San Rafael, CA. 94901 We make no representation that our website, products, or services are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials found on our website, products, services or any copy or adaptation in violation of any applicable laws or regulations (including U.S. export laws and regulations). If you choose to access our website, products, or services from outside the United States, you do so on your own initiative and are responsible for compliance with applicable international and local laws
Modifications to the Website, Products, or Services
We reserve the sole right, for any reason, with or without notice to (i) terminate, change, suspend, or discontinue any aspect of our website, product, or service or in its entirety including features and hours of operation and availability, and (ii) impose limits on certain or all features of our website, products, and services, or restrict your access to a part or all of our website, products, and services. All or part of our website, products, or services can be subject to change with or without prior notice and solely at our discretion based on emerging technologies, business practices, and customer needs.
Refusal of Service
We hold the sole right to be the arbiter of what is and what is not a violation of our Privacy Policy and Terms and Conditions. We reserve the right to refuse service to, or terminate the order of any user, for any reason, at our sole discretion. We also reserve the right, at our sole discretion, to require proof that you are authorized to distribute the content developed using our website, products, or services. Reasons we may refuse or terminate orders include, but are not limited to, If we believe that the conduct of any user violates any applicable law. If any of our users engage in any behavior that we feel is detrimental to our services, then we reserve the right to terminate that user's order immediately.
Disclaimers and Liabilities
Although we believe that our website, products, and services are reliable and fully available, we make no guarantees with respect to any content on the website, or our products or services. Consequently our website, content of the website, products, and services are provided "As Is" with all faults and we hereby disclaim all warranties and conditions with regard to our website, products, and services. Our service is provided on an "as available" basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. No oral advice or written information given by GoCampaigns, its employees, agents (including your representatives or guides), third-party information providers, merchants, licensors or the like, shall create a warranty; nor shall you rely on any such information or advice.
Further we do not warrant, guarantee, or make any representations regarding the use of or the results of the use of our website, products, or services in terms of correctness, accuracy, reliability, or otherwise and do not warrant that the operation of the website, products, or services, will be uninterrupted, or error free. We expressly disclaim any warranties not stated herein. You expressly agree that use of our service is at your sole risk. Neither GoCampaigns, its employees, affiliates, agents, third-party information providers, merchants, licensors or the like make any warranty as to the results that may be obtained from the use of our service, or as to the accuracy, reliability or content of any information, service, or merchandise provided through our service. We do not make any representations or warranties, either expressed or implied, that any available access number will be a local call from your area code and exchange.
To the maximum extent permitted by applicable law, in no event shall we be held liable for any damages (including any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use our website, products, or services) even if we have been advised of the possibility of such damages. You acknowledge that the applicable fees and prices reflect this allocation of risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable for any reason, then in no event shall we be liable to you for any matter arising under or relating to your use of our website, products, or services that exceed the total amount you paid us with respect to the particular order or service giving rise to the claim.
General Provisions
These Terms and Conditions comprise the entire agreement between you and us and supersede all prior agreements between the parties, regarding the subject matter contained herein. If you become dissatisfied with our website, products, or services in any way, your sole recourse is to immediately discontinue use of the same. If any provision of our Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of such provision and the remainder of our Terms and Conditions shall continue in full force and effect. Our failure to exercise or enforce any rights or provisions of our Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of, or related to, our website, products, or services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. THE TERMS AND CONDITIONS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS, ALL MATTERS ARISING HEREUNDER SHALL BE EXCLUSIVELY HELD IN SAN FRANCISCO COUNTY, CALIFORNIA, AND YOU AGREE TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS LOCATED IN SAN FRANCISCO COUNTY. All provisions in our Terms and Conditions regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of our Terms and Conditions or your use of our website, products, or services. Where the context so indicates, a word in the singular form shall include the plural, a word in the masculine form the feminine, and vice-versa. The term "include" and similar terms (e.g., includes, including, included, comprises, comprising, such as, e.g., for example), when used as part of a phrase including one or more specific items, are used by way of example and not of limitation.
Contact Information
Before you can place an order, or use any of our other products and services, you need to agree to our Privacy Policy and the terms and conditions detailed in this Terms and Conditions document.
If you have any comments, questions or concerns regarding our Terms and Conditions and (or) our Privacy Policy, you may contact us at: