Conditions of Sale

Grip Marketing Group (Grip, Grip Marketing, or Get Mail, Inc.) offers its products and services with any terms specifications that appear on its work orders and invoices and all of the additional Conditions of Sale that follow:

1. Quotations. Quotations are subject to acceptance within 30 days. Quotations are based on the cost of labor and materials on the date of the quote. We reserve the right to change the price quoted if changes occur in the cost of materials, labor or other costs and subject to changes made by the client. Subsequent orders may be subject to price revision, if needed. Quotations do not include postage or taxes unless specified separately.

2. Postage. Payment of postage in advance is required on all orders. Grip will add a service fee to those orders whose postage is paid by credit card, as postage costs are a pass-through.

3. Sales Taxes. For customers in the state of Georgia, title passes at the point of delivery to the Post Office in Cobb County, State of Georgia. Sales taxes will be collected from Georgia in-state customers and Georgia customers are responsible for paying any and all taxes imposed by any governmental authority. For customers outside of the state of Georgia, title passes at the point of delivery to the Post Office in the county, in the state of their mailing and no sales taxes are collected by us.

4. Acceptance of Order. Grip may refuse to print or mail any copy, photographs, images, or anything of any kind that in our sole judgment we believe violates any proprietary right of any person or entity, or that the printing matter contains or will contain any defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity or any material that may be considered a criminal offense, civil offense, or violates any law, or invades any person's right to privacy or their personal rights, ridicules or embarrasses, is in bad taste, or in our sole judgment is an infringement on a trademark, service mark, trade name, copyright, trade style, logos or works of authorship belonging to others. In addition, in certain circumstances where mailings are sent to or on behalf of institutions, such as universities, hospitals, and church groups among others, or to any institution with a desire to protect its interests or its mail recipients, approval may be required from the institution before going to press.

5. Cancellation. All sales are final. No refunds. No partial refunds for work not completed. When submitting credit card payments verbally, express written permission will have deemed to be provided by you upon viewing your proofs.

6. Use. All materials created by Grip in producing your mail are the property of Grip. This includes typeset layouts and color separations. These materials will not be given to any other third party. Grip reserves the right to distribute free samples of customer postcards. Customer images will not be used in any national advertising without the customer's prior consent.

7. Work. Sketches, drawings, layouts, copy writing, photos, text, images, audio, video, materials, and other experimental work, including presswork and materials supplied by us are the property of Grip and no use, alteration, or distribution of them shall be for public or commercial purposes or otherwise used in whole or in part without Grip's prior written permission and payment in full.

8. Creative Work. Creative work, including but not limited to, sketches, drawings, copy, dummies, and all preparatory work developed and furnished by Grip shall remain our exclusive property and no use, alteration, or distribution of them shall be for public or commercial purposes or otherwise used in whole or in part without Grip's prior written permission except upon compensation to be determined by Grip, and not expressly identified and included in the selling price.

9. Preparatory Materials. Working mechanical art, type, negatives, positives, flats, plates, and other items supplied by Grip shall remain our exclusive property unless paid in full by the customer or otherwise agreed to in writing.

10. Alterations/Change Orders. Prices quoted or charged on work orders are based upon our understanding of the specifications submitted and work requested. Customer alterations and change orders will represent work performed in addition to the original specifications. Change order costs will be charged to the client at current rates. Documentation will be provided upon request.

11. Pre-Press Proofs. Pre-press proofs shall be submitted for approval before going to press. Proof outs will be sent via fax, mail, overnight delivery and/or our Internet site. Corrections are to be made and returned marked "O.K." or "O.K. with corrections" with corrections listed and signed by customer or return verified on the FTP password protected web site page by the customer. If revised proofs are desired, request must be made when proofs are return verified. Grip takes no responsibility and assumes no liability of any kind for any errors under any condition, including but not limited to, failure of the customer to return proofs with indication of changes, whenever the customer has instructed Grip to proceed to press without the submission of proofs, or whenever the customer returns an approved proof without indication of errors or changes, or for any other reason whatsoever.

12. Press Proofs. Unless specifically provided in the Grip quotation, press proofs will not be provided to the customer, and whenever requested and provided will be charged at current rates. An inspection sheet of any form can be submitted for customer approval, at no charge, provided customer is available at the press during the time of make-ready. Lost press time due to customer delay, customer changes, and corrections will be charged at current rates.

13. Color Proofing. Due to differences in equipment, processing, proofing substrates, papers, inks, pigments, and due to the differences in computer monitor settings not matching standard printing colors, and other conditions, between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job shall constitute acceptable quality and delivery. Every effort with be made to insure the accuracy of each color reproduction to within 85-90% of the original image submitted, however, we accept no responsibility for color variations between submitted images and the actual artwork or product they represent.

14. Over-runs and Under-runs. Over-runs and Under-runs shall not exceed 10% on quantities ordered, or the percentage agreed upon, and shall constitute acceptable delivery. Normal over-runs are 100 copies. Grip will bill for actual quantity produced within this tolerance. Additional over-runs ordered by customer can be provided at current rates. Whenever customer requires guaranteed exact quantities, work order must so indicate to be binding. Additionally, all direct mail printing, processing, and handling produces spoilage of 2% to 10% based on the job quantity. Allowances for spoilage are taken into consideration. Every effort is made to handle materials with frugality to prevent undue spoilage. We cannot accept responsibility or liability for shortages

15. Customer Furnished Materials (C.F.M.). All Customer Furnished Materials, including but not limited to, computer files, inks, stocks, paper stocks, camera copy, film, color separations, or otherwise shall be manufactured, packed, sent, and delivered according to Grip's specifications. Specification deficiencies, delays, or impaired production requiring Grip to upgrade to standard specifications, will represent additional work at additional cost and shall be charged to the customer at current rates. The customer warrants and certifies that they have received permission from someone or the entity that does have the authority to grant usage rights or own the rights to use the customer-furnished image(s)being reproduced by Grip and that the customer holds Grip harmless for their use.

16. Delivery and Production Schedules. Grip takes no responsibility, assumes no liability, nor incurs any penalty of any kind for our failure to meet any requested delivery dates or for any delays. The customer assumes this responsibility at its own risk. We have no control over U.S. Post Office delivery schedules and cannot guarantee when mail deposited by us will be delivered by the Postal Service. All work orders are accepted subject to errors and omissions, contingent to fire, labor trouble, strikes, accident, energy failure, equipment breakdown, delays of suppliers or common carriers, action of government or civil authority, acts of God, acts of civil conflict or war, mechanical breakdown, or any other cause beyond our control. Delivery is based upon a specific time schedule for completion and as such, any requested deviation or failure by the customer might alter the schedule.

17. Customer Furnished Mailing List. Mail lists provided by customer shall remain the property of customer and shall be used only at its instructions and consistent with the lawful rights of its owners. Grip takes no responsibility, assumes no liability, nor incurs any penalty of any kind for loss or replacement of such lists.

18. Grip Furnished Mailing List. Due to the nature of list compilation and list sources, variances will occur and as such, Grip takes no responsibility, assumes no liability, nor incurs any penalty of any kind for any intangible or special value attached thereto. Copyright in all lists belong to Grip or its providers. Copyright Grip Marketing Group 2001-2005 all rights reserved.

19. Terms. All sales are final. No refunds. No cancellations. No partial refunds for work not completed. Failure to make claims within a period of ten (10) days shall constitute irrevocable acceptance. Customer agrees to fully comply with Grip's terms, conditions, specifications, and policies.

20. Liability. GRIP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF ITS PRODUCTS AND SERVICES, ITS WEB SITE, OR ITS CONTENTS. Without limiting the foregoing, Grip provides this site, and its products and services to you 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, the warranties of merchantability and fitness for any particular purpose, title, and infringement. You accept all risk. Grip disclaims any direct, incidental, special or consequential, indirect, or punitive damages or lost profits arising out of your access to the site, or use of the site or its contents, or the use of the products or services, whether based on contract, tort, strict liability or otherwise, even if Grip, or the service providers, or any of their suppliers, or Grips affiliates were advised of the possibility of such damages. Grip assumes no liability and takes no responsibility for any USPS delays, delivery, non-delivery or speedier delivery of the mail and customer agrees to assume all risks. Additionally, Grip, its affiliates, and service providers do not warrant that the information accessible via this site is accurate, complete, or current. This site could contain technical inaccuracies or typographical errors. We assume no liability and take no responsibility for errors, timeliness, accuracy, omissions, unavailability or interruptions in availability, interruptions in service or content, viruses or other defects in the site, its contents, or Grip's products or services. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. You use this site at your own risk. Grip and others who helped us create, produce, or deliver the site are not liable for any damages you may suffer when you use it. In no event shall Grip be responsible for any damages to users or their computer systems or otherwise, even if Grip has been informed of the possibility of such damages and without regard to negligence.

21. Security. As security for payment of any sum due or to become due under terms or conditions of any agreement or work order or in the event of litigation, threatened litigation, disputes whether initiated by Grip or customer, or customer maliciously trying to harm Grip, Grip in its sole discretion shall have the right to retain possession of and shall have a lien on and use of all customer property in Grip's possession including work in progress and customer furnished materials. The extension of credit or the acceptance of notes, trade acceptance, or guarantee of payment shall not affect such security interest and lien.

22. Indemnification. The customer shall indemnify and hold Grip harmless from any and all loss, cost, expense, and damages, including court costs and reasonable attorneys fees on account of any and all manner of claims, demands, actions, and proceedings that may be instituted against Grip on any and all grounds, including but not limited to alleging that said printing work violates any copyrights, trade names, trademarks, service marks, logos and trade styles, and works of authorship or any proprietary right of any person or entity, or that the printing matter contains any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity or any material that may be considered a criminal offense, civil offense, or violate any law, or invades any person's right to privacy or their personal rights, except to the extent that Grip contributed to the matter. The customer agrees, at the customer's own expense, to promptly defend and continue the defense of any such claim, demand, action, or proceeding that may be brought against Grip, provided that Grip shall promptly notify the customer with respect thereto.

You agree to hereby give your consent and authorize Grip Marketing to charge your credit card account provided to Grip for various amounts at various times. You agree that the amounts and times will vary. The frequency of such charges will vary. The date the charges will begin is today and the date the charges will end is indefinite. You understand that you may cancel this Consent at any time by notifying Grip Marketing in writing by return receipt requested certified mail. © Copyright© Grip Marketing™ 2005 All rights reserved.

23. Venue. This site and Grip's Conditions and Terms are subject to the laws of Georgia, and the USA, without reference to conflicts of laws, regardless of the location of the user, and any claims of any kind related thereto must be filed in the courts located in the State of Georgia. Any dispute hereunder shall be resolved in the state or federal courts located in Cobb County, Georgia. You hereby consent to jurisdiction of the Courts of the State of Georgia or the Federal courts sitting in Cobb County, Georgia and waive any objection to such venue.

24. Store Credits.Store credits provided by Grip to you are valid only for one year and only valid for customers who remain active within 6 months after the credit is offered.