Power Real Estate Marketing, PowerRealEstateMarketing.com, Website, Site, Service and its affiliates.
Power Real Estate Marketing or its content suppliers own all content or information included on this site, such as postcards, text, graphics, logos, icons, photos, products, video, and digital downloads, subject to the protection of the United States copyright laws. The compilation of all content or information on this site is the exclusive property of Power Real Estate Marketing and is protected by U.S. copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part, without the express approval of Power Real Estate Marketing.
You accept that any information you provide to Power Real Estate Marketing is true, accurate and verifiable. In no way shall you take advantage of Power Real Estate Marketing to upload, email, transmit or otherwise release any content or information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of Power Real Estate Marketing.
You acknowledge that Power Real Estate Marketing is not duty-bound to pre-screen content submitted by customers, but that Power Real Estate Marketing shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via Power Real Estate Marketing by any user that violates these terms of service or is otherwise objectionable.
You also acknowledge and agree for Power Real Estate Marketing to email product and service information from itself and carefully selected affiliates with the option to opt out at any time. You also acknowledge and agree that Power Real Estate Marketing may preserve and disclose content if required to do so by law or if in good faith the Website believes that such preservation or disclosure is reasonably necessary to: (a) comply with the legal process (b) enforce these terms of service (c) respond to claims that any content contradicts the
rights of third-parties; or (d) protect the rights, property, or personal safety of Power Real Estate Marketing, its users and the public.
Limitation of Liability
Power Real Estate Marketing, under no circumstances including but not limited to negligence, even if the Website or Service has been advised of possible damages, shall not be liable for any direct, indirect, consequential, special or exemplary damages that result from the use of or non-usage of materials in this site.
The above limitation or exclusion may not apply to you in the event applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages.
Any professional real estate advice Power Real Estate Marketing distributes within some of its products should not be considered as a substitute for legal real estate advice. Power Real Estate Marketing shall not be liable to you for any and all damages, losses and causes of action (whether in contract, tort, including but not limited to negligence or otherwise) which exceed the amount you paid, if any, for accessing this site.
The terms and conditions outlined here supersede any verbal and written communication provided by our staff that may contradict the terms in this document.
Product Information Disclaimer
We intend to provide the most accurate and up-to-date information available throughout the site and through all applicable forms of communication. Though rare, information on Power Real Estate Marketing may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and/or availability. Power Real Estate Marketing reserves the right to correct or revise any and all errors, inaccuracies or omissions and to alter or update content information at any time without prior notice, even after the submission of your order. We apologize for any inconvenience this may cause you.
Also, Power Real Estate Marketing is not responsible for email and/or SMS failures caused by factors related to the use of mobile or hand-held devices or third party vendors helping to facilitate such messages.
You consent to faithfully follow all relevant and applicable local, state, national and international laws and regulations. You are exclusively liable for all acts or omissions that happen under your account, including without limitation the content of the messages and broadcasts transmitted through Power Real Estate Marketing. Without limiting the foregoing, you accept the responsibility of informing yourself about the legalities of any and all messages, broadcasts and campaigns conveyed through Power Real Estate Marketing by visiting the following websites:
- Federal Trade Commission, http://www.ftc.gov
Federal Communications Commission, http://www.fcc.gov
DoNotCall Registry Info, http://www.donotcall.gov
The Telephone Consumer Protection Act (TCPA) (http://www.fcc.gov), the Federal Trade Commission (http://www.ftc.gov), the Federal Communications Commission (http://www.fcc.gov), DNC list registry rules (http://www.donotcall.gov) and various state laws, rules and regulations place restrictions on certain types of phone calls.
Power Real Estate Marketing makes no attempt to explain the TCPA of 1991 or any other laws, rules or regulations. This subject matter is merely a form of polite remark and is not intended to supplant your obligation to inform yourself about and follow the legal requirements concerning your messages, broadcasts and campaigns prior to using the Website or Service. Decisions regarding your messages, broadcasts and campaigns are solely your responsibility.
You further agree that any individual requesting "Do-Not-Call" ("DNC") status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts used with the Services and the Website. You shall schedule campaigns responsibly and in a manner that is courteous to the recipients in accordance with local, state, national and international calling time rules and regulations. You are obliged under the law to obtain any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages, broadcasts and campaigns. If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney or legal adviser prior to your use of the Website or Service.
The registration process requires you to select a unique username and password. In compliance with the provisions under Customer Conduct, you shall provide Power Real Estate Marketing with accurate, complete, and regularly updated member profile information. You agree to inform Power Real Estate Marketing of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of or threat to your security, including loss, theft, or unauthorized disclosure of your username or password. Under the provisions of this Term, maintaining the confidentiality of your password is your duty. Power Real Estate Marketing has the sole discretion to terminate your user account and report you to appropriate law-enforcement agencies on the grounds of fraudulent, abusive, or otherwise illegal activity.
You accept that this Website and its services are provided for professional use only. You agree further that in the course of using the Website or Service, you shall not do any and all of the following:
- Send unsolicited, inappropriate, and irrelevant marketing messages or broadcasts (i.e. spam);
Send any calls to life-line services, such as hospitals, fire, police, 911 or utility-related telephone numbers;
Use multiple numbers as it is unlawful to engage two or more lines of a multi-line business;
Harvest, mine, or otherwise gather information about others without their consent;
Misinform others as to the identity of the sender of your messages or broadcasts, by creating a false personality, impersonating the identity of someone/something else or by providing the contact details
of other individuals;
Transmit, connect with or publish any unlawful, harassing, libelous, abusive, threatening, degrading, defamatory, profligate, harmful, vulgar, obscene, pornographic, racist or otherwise offensive material of any kind;
Transfer any material that may violate the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
Transmit any material that contains viruses, trojan horses, worm, time bombs, cancel-bots or any other harmful/deleterious programs;
Interfere with, or disrupt, networks connected to the Service or violating the regulations, policies or procedures of such networks;
Attempt to gain, without prior notice or approval, access to the Service, other accounts, computer systems or networks connected therein, through password mining, hacking or any other illicit means;
Disrupt or prevent another's use and enjoyment of the Service or Website;
Pursue or conduct any other activity or undertaking that Power Real Estate Marketing believes could subject it to criminal liability or civil penalty/judgment.
You agree that Power Real Estate Marketing is, under no circumstances, responsible for the contents and/or accuracy of your messages or broadcasts. Power Real Estate Marketing will only transmit them on a basis of good faith that you use the Service in accordance with these Terms. Power Real Estate Marketing will be exempt from liability for any misuse of the Service by you. Power Real Estate Marketing holds no responsibility or any such obligation for the views and opinions contained or included in any of your messages or broadcasts.
The Service, including the web pages that are part of the Service and the Website, may cover various subject matters under copyrights, trademarks, patents, trade secrets, or other intellectual property rights. Except as expressly provided in these Terms, the availability of the Service and such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Power Real Estate Marketing, or its licensors, has sole ownership of all copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the Website, each of whom reserves all rights with regard to such materials.
You acknowledge and agree that you may not revise, alter, create any spin-off or derivative material, reverse engineer, extract or disassemble any portion of the Service or Website, including any proprietary communications protocol used by the Service or Website.
You agree that you will include clear opt-out/unsubscribe information on at least every fifth text message you send through Power Real Estate Marketing's software systems. You further agree that your messages and advertising conform to all applicable guidelines. It is your sole responsibility to ensure any opt-out/unsubscribe messages are processed and honored so that consumers who choose to opt-out do not receive further text messages from you.
Regular business hours start from 9:00am and ends at 5:00pm (Pacific Standard Time) every Monday to Friday except Holidays. Any orders made or approved after 9am PST, during operational hours, may start the following business day.
Orders will not be processed without valid payment paid in full. All work begins as soon as payment is made.
Artworks, Photos and Logos
Power Real Estate Marketing is not responsible for any uploaded artwork that may violate copyright laws. Customers are expected to upload artworks that belong to them. Also Power Real Estate Marketing is not responsible for the quality of any uploaded artwork including customer's photos and logos. The higher the quality and resolution of the uploaded artworks and images, the better the quality of your finished product will be. We recommend uploading images and photos with a resolution of 300 DPI or higher. Power Real Estate Marketing is not responsible for poor quality of the uploaded or provided photos and other artworks.
Power Real Estate Marketing provides thousands of predesigned marketing materials but we also offer Full Custom design services for customers who have a unique need. For Full Custom works, customer is expected to provide all the details of their desired design including photos and artworks that are needed. Our designers will spend up to two hours on creating the custom design and provide the customer with the first proof. If the required custom design needs more than two hours of design work, we keep the right to charge the customer $45 an hour (in incremental of 15 min) for any time spent beyond the initial two hours.
Order Cancelations and Refunds
Customer can cancel the order and get full refund before our designers and other staff have started their work on the order. Once an order has been placed and our staff and designers have started their work,
cancellations or refunds no longer apply. Should there be any design issues with the proof, customer has the right to reject the proof and request a new proof (please see 'Proof' section
for more details). If there is a printing quality defect in any printed product you have received, customer is expected to send us a picture of the product that clearly shows the defect and
we will reprint your order and ship it to you using the original production turnaround and shipping method and will be free of charge.
Campaigns are orders that span over a longer period of time, usually between 4 and 12 months. Power Real Estate Marketing does not charge you the entire purchase price of the campaign at the time of the order. Instead we charge you on a monthly basis for services provided. When a customer places a campaign order, he or she commits for the entire duration of the campaign and Power Real Estate Marketing commits to honor today's prices and promotions for the entire campaign period. However the customer can cancel a campaign with a 30 day advanced notice and there will be a one-time cancelation fee of $100.
Power Real Estate Marketing shall furnish the customer with a finished design for purposes of verification and approval within 2 business days after the order has been placed (under the presumption that all custom content and artworks have been provided with the order or immediately thereafter). Customers are expected to provide the complete details for all customizations at the time of placing the order or when they receive the first proof to lessen the amount of re-works by our designers. Our ordering system is fully automated and customers have to use our State-of-the-art online ordering system for approving, rejecting and providing feedback.
We are committed to giving our customers the highest quality of marketing products at reasonable prices, with our teams' highest productivity, which requires full cooperations between the customer and Power Real Estate Marketing's teams. If the customer isn't happy with the proof for any reason (layout, text, photos etc), customer is expected to reject the proof and provide detailed information about the issues. These information should be detailed, specific and sufficient enough for our designers to make necessary changes. If providing all the details including your scripts, instructions and artworks in one step is not possible, Power Real Estate Marketing has the right to reject any new request for revisions if the customer attempts to alter the design, content and artwork beyond the second proof. Power Real Estate Marketing may provide multiple proofs but in no conditions is the company responsible for providing more than two proofs. After the second proof has been provided to the customer, the customer has the option of paying $65/hr for our design services if the customer has new requirements or requests changes to the second proof.
Our designers have access to more than 5,000 different fonts but we may not have the font that you require to be used. In such cases, the customer has to provide the font that they want to be used. Also, if the customer wants to use a specific font, the customer must provide the name of that font. Providing a sample is not enough to determine the exact font.
Within 48 hours following notification of the proof, customers are required to evaluate the design and content of any proof they have received and either approve or reject the proof and provide details when rejecting. Customer cannot approve a proof and request a modification at the same time. Our online ordering system is automated and once a proof has been approved, no changes are possible. Before approval, customer assumes all responsibilities for validating the entire content (text and otherwise) of the product(s) and only approve the proof if they are 100% satisfied with everything on the proof regradless of the origin of the images and text. Errors and mistakes discovered after proof-approval and printing due to "customer oversight" are non-refundable because the customer has already given prior approval so no refund would be applicable. Customer is expected to scrutinize the proof with all due diligence to avoid any and all oversights and approve the proof only when they are satisfied with the proof. Power Real Estate Marketing is not required to provide another proof once a proof has been approved.
Power Real Estate Marketing has created an state-of-the-art online ordering system and customers are expected to log on to My Account and initiate their communications from within the site. Customers will receive periodic emails regarding your proofs, shipment and keeping you up-to-date. Please make sure you add @PowerRealEstateMarketing.com to your safe emails. Also don't forget to check your spam folder for important emails about your order. Power Real Estate Marketing assumes no responsibility for filtered/lost emails or emails going into your spam/junk folder.
You can also log on to PowerRealEstateMarketing.com and click on MY ACCOUNT to view the latest about your order.
Power Real Estate Marketing adheres to the motto "Get'em in, get'em out!"
Order turnaround depends on several factors: a) Customers are expected to choose appropriate Production Turnaround times as they see fit. b) Production/Print Turnaround timelines start the following business day after the approval of the proof.
Turnaround times may vary depending on the product and other factors (i.e. quantity, conditions of delivery, etc.). Production/Print turnaround times are estimates and not guaranteed.
Our system will send you an email/text you once your product(s) have been shipped.
Power Real Estate Marketing prints more quantity than ordered. The additional quantity is used by departments such as Quality Control and other departments. In rare occasions, the customers may receive a few more or less than they have ordered. Customers should contact Power Real Estate Marketing if they have received less than what they have ordered. In such a rare occasion, Power Real Estate Marketing will reimburse the customer for the missing items. For example, if the order was for 500 postcards, and the customer has received 495 postcards, we prorate the price for 5 postcards and refund the money back to the customer's credit card.
Power Real Estate Marketing will use the mailing list as you provided and is not responsible for wrong addresses and/or contact information.
Customers are expected to deliver their client list in a specific format outlined in the order pages. We reserve the right to reject the file and ask the customer to revise the file if the format and/or data does not meet the minimum requirements.
Processes for mailing services start the next day after the printing is done and can take about 4 days to complete and delivered to the post office.
There is no sales tax with the exception of California and Canada. Orders shipped to California and Canada are subject to the most current sales tax rate.
All orders placed on this Website or via phone/email/fax are shipped through UPS, FedEx or USPS. The shipping cost is calculated real-time by using UPS network. We are not responsible for any mis-calculations that may occur at the time of the order entry. We reserve the right to charge the actual shipping cost. We are not responsible for late or lost deliveries on the part of USPS, UPS or FedEx. Our responsibility is to design, print, finish, and deliver the products according to your production turnaround request, our terms and policies and deliver them to the carrier and ship them using your selected shipping method.
If requested, we will provide proof that we delivered your products to the U.S. Post Service, UPS and/or FedEx.