Quotations/Estimates:

• Quoted prices are good for 30 days from the date of the quote is communicated to client.

Order Cancellations:

• There will be no credit or refund issued after the order has been approved. The order will be deemed approved by client when the postcard design is approved by client (the “proof approval”) for print products, and when the order confirmation is communicated to client for digital products.

Proof:

• UpSwell marketing will not be held responsible for any errors or omissions found after client approves the order digitally through UpSwell Direct’s client portal. UpSwell Direct assumes no responsibility for errors contained in the order if the approval process is waived by client, errors in the proof are not identified by client prior to the proof approval process for print products, or if changes are not communicated in writing to UpSwell Direct and received prior to the proof approval process by client.

Errors:

• Damage shall be limited to the value of the work performed. In no case will UpSwell Direct be liable for loss of business – indirect, special, incidental, consequential, punitive, or exemplary damages or loss of profits. The customer will hold UpSwell Direct harmless in any suit or court action by themselves or others for costs, expenses, or alleged damages.

Customer Provided List:

• UpSwell Direct accepts no liability that may result from a mailing list provided by client including, but not limited to, the accuracy of the mailing list, returned items, or the impact to the response of the mailing due to errors, omissions, or changes in the mailing list.

Returns & Refunds:

• Because each order produced is customized to each client’s specifications, no order may be returned for credit or a refund under any circumstances.

Indemnification:

• Client affirms ownership and/or usage/publication rights to all mailing lists/records, artwork, photos and other materials submitted for printing and agrees to indemnify and hold harmless UpSwell Direct from any and all loss, cost, expenses and damage on account of any and all matter of claims, demands, actions and proceeding that may be instituted against UpSwell Direct on grounds that said printing violates any law, copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any persons right to privacy or any other personal right. Client agrees to, at client’s own expense, promptly defend and continue the defense of such claim, demand, action or proceeding that may be brought against UpSwell Direct.

Governing Law:

• Any order placed with UpSwell Direct will be governed, construed, and enforced according to the laws of the State of Georgia, without regard to its conflict of laws rules. Customer consents to jurisdiction and venue in the state and federal courts located in the state of Georgia.