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Terms of service

Ballpoint Marketing — Terms of Service

Effective Date: 08.06.2026


These Terms of Service ("Terms") form a legally binding agreement between Ballpoint Marketing, LLC, a Missouri limited liability company ("Ballpoint," "we," "us," or "our") and the individual or entity ("you," "your," or "Customer") that accesses our website, creates an account, or uses our Services. By accessing our website, registering for an account, submitting an order, or otherwise using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not access the website or use the Services.


If you access or use the Services through any third-party platform, these Terms apply to you in addition to that platform's own terms.

 

PLEASE READ SECTION 28 CAREFULLY. IT REQUIRES DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN ANY CLASS ACTION.

 

1. Definitions

  • "Services" means Ballpoint's direct mail marketing services, including the design, printing, production (including handwritten and machine-produced mail), addressing, processing, and mailing of postcards, letters, and other mail pieces, together with our website, applications, dashboards, APIs, and any integrations through which those services are ordered or fulfilled.
  • "Website" means Ballpointmarketing.com and any related web properties operated by Ballpoint.
  • "Customer Content" means any images, artwork, logos, text, designs, templates, mailing lists, recipient data, addresses, and other materials that you or your authorized users upload, submit, transmit, or otherwise provide to Ballpoint in connection with the Services.
  • "Mail Piece" means any physical mail item produced or sent by Ballpoint on your behalf.
  • "Order" means any request you submit for Services, whether through the Website, an order form, a Third-Party Platform, or written or verbal instruction accepted by Ballpoint.
  • "Proof" means any digital or physical sample, mock-up, PDF, or preview of a Mail Piece that Ballpoint makes available to you for review prior to production.
  • "Recipient Data" means names, addresses, and any other personal information relating to the individuals or entities to whom your Mail Pieces are addressed.
  • "Third-Party Platform" means any third-party software, marketplace, or integration through which you access or order the Services.

2. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Services. If you use the Services on behalf of a business or other entity, you represent that you are authorized to bind that entity, and "you" refers to that entity. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use.

3. The Services

Ballpoint provides direct mail marketing production and fulfillment. You are responsible for the content, targeting, and lawfulness of every campaign you order. Ballpoint acts as a production and mailing vendor executing your instructions; we do not review Customer Content for legal compliance, accuracy, or rights clearance, and we are not your marketing, legal, or compliance advisor. We may modify, suspend, or discontinue any part of the Services at any time.

4. Website Use License

Subject to these Terms, Ballpoint grants you a limited, non-exclusive, non-transferable, revocable license to access and view the Website for your own informational and business use in connection with the Services. Except as required to use the Services as intended, you may not:

a. modify, copy, reproduce, or create derivative works of materials on the Website; b. use the materials for any unauthorized commercial purpose or public display; c. decompile, reverse engineer, or attempt to derive the source code of any software on the Website or within the Services; d. remove or alter any copyright, trademark, or other proprietary notices; or e. transfer, resell, or "mirror" the materials on any other server.

This license terminates automatically if you violate these Terms. All content, software, trademarks, and other intellectual property comprising the Website and Services are and remain the property of Ballpoint or its licensors.

5. Customer Content — Ownership, License, and Responsibility

5.1 You retain ownership. As between you and Ballpoint, you retain all rights you hold in your Customer Content.

5.2 License to Ballpoint. You grant Ballpoint a non-exclusive, worldwide, royalty-free license to host, store, reproduce, print, modify (for formatting and production only), transmit, and mail your Customer Content solely as necessary to provide the Services and fulfill your Orders. This license continues as needed for us to complete fulfillment, retain records, and comply with law.

5.3 Your responsibility and representations. You are solely responsible for all Customer Content. You represent and warrant that:

a. you own your Customer Content or have obtained all necessary rights, licenses, consents, and permissions to use it and to authorize Ballpoint to use it as described in these Terms; b. your Customer Content, and Ballpoint's use of it as directed by you, does not and will not infringe, misappropriate, or violate any copyright, trademark, patent, trade secret, right of publicity or privacy, or any other intellectual property or proprietary right of any third party; c. you have all rights and lawful bases necessary to provide any mailing list, Recipient Data, or personal information to Ballpoint and to have mail sent to those recipients; and d. your Customer Content and campaigns are not false, deceptive, defamatory, obscene, harassing, or otherwise unlawful;

e. no Customer Content you supply or select for production, including any artwork, design, template, font, layout, or creative asset, is owned by, proprietary to, or licensed from another printing, mailing, or marketing vendor, and you have not obtained any such material from another vendor in violation of that vendor's license, terms of use, or other restrictions. You acknowledge that direct mail templates, designs, fonts, and creative assets are commonly proprietary to the vendors that create them, and that submitting another vendor's design or template to Ballpoint for printing or mailing may infringe that vendor's rights and expose both you and Ballpoint to legal claims; and

f. no Customer Content is copied from, derived from, or substantially similar to any such vendor's artwork, design, template, font, layout, or creative asset, and you either independently created your Customer Content or acquired full rights to it from a party with the authority to grant those rights.

5.4 Ballpoint's reliance. You acknowledge that Ballpoint has no practical ability to determine the origin, authorship, or ownership of Customer Content you supply; that Ballpoint relies entirely and reasonably on your representations in Section 5.3 in accepting and producing it; and that you are in the best position to know the source of your own materials. You will not assert, as a defense to or limitation on any obligation under these Terms, that you were unaware of, or had no reason to know of, any third party's rights in Customer Content you supplied or directed Ballpoint to produce.

6. Ballpoint Materials, Design Work Product, and Feedback

6.1 Ballpoint Materials. Ballpoint retains all right, title, and interest in and to the Services and all materials, software, systems, tools, dashboards, processes, know-how, templates, layouts, and design assets that Ballpoint owns, develops, or uses in providing the Services (collectively, "Ballpoint Materials"). Nothing in these Terms transfers any ownership in Ballpoint Materials to you.

6.2 Design work product. Unless you and Ballpoint agree otherwise in a signed writing, all artwork, layouts, designs, compositions, copywriting, creative concepts, and other design work product created by or on behalf of Ballpoint in connection with your Order (collectively, "Design Work Product") is and remains the exclusive property of Ballpoint. Design Work Product does not include your Customer Content, which remains yours under Section 5.1.

6.3 Your license to Design Work Product. Subject to your payment in full for the applicable Order, Ballpoint grants you a non-exclusive, non-transferable, revocable license to use the Design Work Product solely in connection with Mail Pieces produced and mailed by Ballpoint. You may not reproduce, print, distribute, modify, sublicense, resell, or use Design Work Product with any other vendor, printer, mail house, or service provider, or for any purpose other than campaigns fulfilled by Ballpoint, without Ballpoint's prior written consent.

6.4 Preliminary and unused work. Concepts, drafts, mock-ups, and Proofs not selected for production remain the sole property of Ballpoint and may be reused, modified, or offered to other customers.

6.5 Feedback. If you provide Ballpoint with any suggestions, ideas, enhancement requests, recommendations, or other feedback relating to the Services ("Feedback"), you grant Ballpoint a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, and exploit that Feedback for any purpose, without attribution, compensation, or any obligation to you. Feedback is not your Confidential Information.

7. Prohibited Content and Acceptable Use

You will not use the Services to create, submit, or mail any content that:

a. infringes or misappropriates any third party's intellectual property or other rights; b. is a design, template, artwork, font, or other creative material owned by, licensed to, or proprietary to another printing, mailing, or marketing vendor, or that you obtained from another vendor in violation of that vendor's license or terms of use; c. is unlawful, fraudulent, deceptive, defamatory, obscene, threatening, or harassing; d. violates any applicable law or regulation, including postal regulations, advertising and consumer-protection laws, anti-discrimination laws (including fair housing laws), state laws governing unsolicited offers to purchase residential real property or real estate wholesaling, and applicable privacy and marketing laws; e. targets recipients who have opted out, appear on any suppression or do-not-mail list you maintain or are required to honor, or that you otherwise lack a lawful basis to contact; or f. promotes illegal goods or services.

We may refuse, hold, or cancel any Order or content, in our sole discretion, without liability. Refusing content does not make us responsible for content we do accept.

8. Compliance with Laws

You are solely responsible for ensuring that your campaigns, mailing lists, and use of Recipient Data comply with all applicable federal, state, and local laws and regulations. Ballpoint does not provide legal advice and does not warrant that any campaign complies with applicable law. You are encouraged to consult your own counsel.

9. Recipient Data and Privacy

9.1 Roles. As between the parties, you are the controller or business with respect to Recipient Data, and Ballpoint acts solely as your service provider or processor. Ballpoint processes Recipient Data only on your documented instructions and only as necessary to perform the Services, comply with law, or as otherwise permitted by these Terms.

9.2 Your obligations. You represent and warrant that you have collected Recipient Data lawfully, that you have all rights, consents, and lawful bases necessary to provide it to Ballpoint and to direct mail to the recipients, and that your instructions will not cause Ballpoint to violate any applicable privacy law. You are responsible for honoring recipient rights requests, opt-outs, and suppression obligations.

9.3 Ballpoint's commitments. Ballpoint will not sell or share Recipient Data as those terms are defined under applicable privacy law, will not retain, use, or disclose Recipient Data for any purpose other than performing the Services or as permitted by law, and will not combine Recipient Data with personal information received from other sources except as permitted by applicable law. Ballpoint may engage subprocessors and service partners (including printers, data hygiene vendors, and carriers) subject to obligations no less protective than those in this Section.

9.4 Security. Ballpoint will maintain commercially reasonable administrative, technical, and physical safeguards designed to protect Recipient Data against unauthorized access, use, or disclosure. No system is completely secure, and Ballpoint does not warrant that Recipient Data will never be subject to unauthorized access.

9.5 Retention and deletion. Ballpoint may retain Customer Content and Recipient Data for as long as reasonably necessary to fulfill Orders, provide the Services, resolve disputes, maintain business records, and comply with legal obligations. You may request deletion of your Recipient Data in writing, and Ballpoint will delete or de-identify it within a commercially reasonable period, except for copies retained in routine backups or as required by law.

9.6 Privacy Policy. Ballpoint's Privacy Policy, available at [INSERT PRIVACY POLICY URL], describes how we handle personal information relating to you and to visitors of our Website, and is incorporated into these Terms by reference.

10. Confidentiality

10.1 Definition. "Confidential Information" means non-public information disclosed by one party ("Discloser") to the other ("Recipient") in connection with the Services that is designated as confidential or that a reasonable person would understand to be confidential, including mailing lists, campaign strategy, pricing, unreleased offerings, and business and technical information.

10.2 Obligations. Recipient will use Confidential Information only to perform its obligations or exercise its rights under these Terms, will protect it with at least the same degree of care it uses for its own confidential information (and no less than reasonable care), and will not disclose it except to its employees, affiliates, contractors, and advisors who need to know and are bound by confidentiality obligations no less protective than these.

10.3 Exclusions. Confidential Information does not include information that is or becomes public through no fault of Recipient, was known to Recipient without obligation of confidentiality before disclosure, is rightfully received from a third party without restriction, or is independently developed without use of the Discloser's Confidential Information.

10.4 Compelled disclosure. Recipient may disclose Confidential Information to the extent required by law or legal process, provided it gives the Discloser prompt notice where legally permitted.

10.5 Survival. This Section survives for three (3) years following termination, except that trade secrets remain protected for as long as they qualify as trade secrets under applicable law.

11. Aggregate and De-Identified Data

Ballpoint may collect, generate, and use aggregated, anonymized, and de-identified data derived from your use of the Services, your Orders, and campaign performance (including volumes, formats, geographies, timing, response indicators, and operational metrics) to operate, analyze, benchmark, improve, and develop the Services and Ballpoint's products, and to produce industry statistics and marketing materials. Such data will not identify you, your customers, or any individual recipient, and Ballpoint owns all right, title, and interest in it. Ballpoint will not disclose your individually identifiable campaign results to third parties except as permitted elsewhere in these Terms or with your consent.

12. Publicity and Testimonials

12.1 Customer reference. Ballpoint may identify you as a customer and use your business name and logo in customer lists, on the Website, and in sales and marketing materials, in each case in a manner consistent with your brand guidelines if you provide them. You may withdraw this permission at any time by written notice to Ballpoint, and Ballpoint will cease new uses within a commercially reasonable period.

12.2 Testimonials and reviews. If you provide Ballpoint with a testimonial, review, rating, case study, quote, recorded interview, or similar endorsement, you grant Ballpoint a perpetual, worldwide, royalty-free, sublicensable license to reproduce, display, edit for length and clarity, and distribute it in any medium, together with your name, title, business name, and likeness, for Ballpoint's marketing and promotional purposes. You represent that any such statement reflects your honest experience and that you are authorized to provide it on behalf of your business.

13. Indemnification

13.1 Scope. You agree to indemnify, defend, and hold harmless Ballpoint Marketing, LLC and its officers, directors, members, employees, agents, affiliates, and service partners, from and against any and all claims, demands, actions, damages, liabilities, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

i. your Customer Content;

ii. your use of the Services;

iii. Ballpoint's production or mailing of any Mail Piece using Customer Content you supplied, selected, or directed, including any claim that such Customer Content is owned by, licensed from, or infringes the rights of another printing, mailing, or marketing vendor or any other third party;

iv. any campaign, Mail Piece, mailing list, or Recipient Data you submit or direct;

v. your breach of these Terms or of any representation or warranty herein; and

vi. your violation of any applicable law or any third party's rights, including any claim that your Customer Content infringes or misappropriates the intellectual property or other rights of any third party.

The prong in Section 13.1(iii) applies regardless of whether Ballpoint had any knowledge or notice of the origin, authorship, or ownership of the Customer Content, and applies to claims asserted against Ballpoint directly as well as to claims in which Ballpoint is named alongside you or in place of you.

13.2 Defense and cooperation. Ballpoint may, at its option, assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully and to reimburse Ballpoint's defense costs as incurred. You may not settle any claim in a manner that imposes any obligation or admission on Ballpoint without Ballpoint's prior written consent.

13.3 Survival. This Section survives termination of your account and these Terms.

14. Third-Party Platforms and Integrations

The Services may be accessed or ordered through Third-Party Platforms operated by other companies under their own terms. Your use of any Third-Party Platform is governed by that platform's terms in addition to these Terms. Ballpoint does not control and is not responsible for any Third-Party Platform, and its availability, performance, content, or terms are outside our control. Any provider of a Third-Party Platform through which you access the Services is an intended third-party beneficiary of Sections 5, 7, 8, 9, and 13 of these Terms and may enforce those provisions directly with respect to Customer Content and Orders you submit through its platform.

15. Fees and Payment

Fees for the Services are as quoted at the time of Order or as set out in an applicable order form, pricing schedule, or checkout. Unless otherwise stated, all fees are due at the time of Order. You are responsible for all applicable taxes. We may change our pricing prospectively at any time.

You authorize Ballpoint to charge the payment method on file for all amounts due, including recurring charges for ongoing or scheduled campaigns, until you cancel in accordance with these Terms. You are responsible for keeping your payment information current.

16. Postage

Postage is a pass-through cost billed to you in addition to production fees. Postage rates, classifications, surcharges, and requirements are set by the USPS and other carriers and may change at any time without notice; you are responsible for the actual postage cost applicable at the time your Mail Pieces are tendered, even if it differs from any prior quote or estimate.

Ballpoint may require postage to be prepaid or deposited before production begins. Any postage permit, permit imprint, mailing account, and associated balance maintained by Ballpoint — including USPS permits held in Ballpoint's name — are and remain the property of Ballpoint, and you acquire no ownership interest in any permit or permit account. Funds you provide for postage are applied to your mailings and are governed by Section 17. If a mailing is rejected, reclassified, held, or short-paid by a carrier, you are responsible for any additional postage, fees, or handling charges assessed.

17. Prepaid Funds and Account Credits

17.1 Six-month use period. Any funds you pay to Ballpoint in advance of production — including deposits, prepayments, postage deposits, retainers, and account credits (collectively, "Prepaid Funds") — must be applied to Services within six (6) months of the date of payment. Prepaid Funds not applied to Services within that six-month period are forfeited in full, and Ballpoint has no obligation to refund, credit, extend, or otherwise honor them. Prepaid Funds are applied on a first-in, first-out basis.

17.2 No refunds. Prepaid Funds are non-refundable. Ballpoint may, in its sole discretion and without creating any obligation to do so in any other instance, extend the use period or issue a credit; any such accommodation must be in writing and does not waive this Section as to any other Prepaid Funds.

17.3 Notice. Ballpoint may, but is not required to, notify you before Prepaid Funds expire. Failure to provide notice does not extend the six-month period.

17.4 Enforceability fallback. If forfeiture under Section 17.1 is limited, restricted, or unenforceable under applicable law, then to the maximum extent permitted by law: (i) any promotional rate, discount, bonus credit, volume tier, or other incentive associated with the Prepaid Funds expires at the end of the six-month period, and any remaining balance is thereafter applied only against Ballpoint's then-current standard undiscounted rates; (ii) any remaining balance is subject to a reasonable account maintenance fee to the extent permitted by law; and (iii) any balance Ballpoint is required by law to retain, report, or remit will be handled in accordance with that law. This Section states the parties' intent that the benefit of the bargain expire even where the underlying funds may not be forfeited, and does not entitle you to a cash refund except where required by law.

18. Late Payment, Chargebacks, and Suspension

18.1 Late payment. Amounts not paid when due accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by law, from the due date until paid in full.

18.2 Collection costs. You are responsible for all costs of collection, including reasonable attorneys' fees, collection agency fees, and court costs.

18.3 Failed payments. If a payment is declined, returned, or reversed, Ballpoint may reattempt the charge, charge any other payment method on file, and assess a returned-payment fee of up to $35 per occurrence, to the extent permitted by law.

18.4 Suspension. Ballpoint may suspend or hold production, mailing, and account access for any Order while any amount is past due, and may apply Prepaid Funds or postage deposits against past-due balances. Suspension does not relieve you of any payment obligation or any Commitment under Section 20.

18.5 Chargebacks. You agree to contact Ballpoint and attempt in good faith to resolve any billing concern before initiating a chargeback or payment dispute. Initiating a chargeback for an Order that has entered production or been mailed is a material breach of these Terms. Ballpoint may recover the disputed amount, any chargeback fees, and its costs of responding, and may suspend or terminate your account.

19. Proofs, Approval, Production Cutoff, and Cancellation

19.1 Proof review. Where Ballpoint makes a Proof available, you are responsible for reviewing it carefully and confirming the accuracy of all spelling, grammar, names, addresses, phone numbers, URLs, offers, disclaimers, pricing, dates, images, logos, layout, and mailing list selection. Your approval of a Proof constitutes your acceptance of the Mail Piece as shown and shifts responsibility for any error contained in the approved Proof to you. Ballpoint is not responsible for errors present in an approved Proof.

19.2 Waiver of proof. If you decline a Proof, fail to respond within any review window communicated to you, or instruct Ballpoint to proceed without one, production proceeds at your sole risk and you accept responsibility for the resulting Mail Pieces.

19.3 Production variation. Handwritten and machine-produced mail is inherently variable. Reasonable variation in ink color, ink density, handwriting appearance and spacing, paper stock, trim, folding, color reproduction between screen and print, and between production runs is normal and does not constitute a defect or a basis for a claim.

19.4 Quantity tolerance. Delivery of a quantity within five percent (5%) above or below the ordered quantity constitutes full performance, and you will be billed for the actual quantity produced and mailed.

19.5 Production cutoff. Production begins, and your Order becomes final, non-cancelable, and non-modifiable, at the moment the first Mail Piece in that Order is printed. Requests to change artwork, copy, offers, mailing lists, quantities, drop dates, or any other element of an Order must be received and confirmed by Ballpoint in writing before that moment. Ballpoint is not obligated to accept any change request, including one received before production begins.

19.6 Reprints and post-cutoff changes are billable. Any reprint, reproduction, re-run, or replacement of Mail Pieces requested after production has begun — for any reason other than Ballpoint's production error under Section 23 — is a new Order and will be billed at then-current rates for production, materials, and postage. Amounts already paid for the original Order are non-refundable and are not credited against the reprint.

19.7 Cancellation before cutoff. If you cancel an Order before the first Mail Piece is printed, Ballpoint will refund or credit amounts paid for that Order less any costs already incurred, including data processing, hygiene, design, materials, setup, and third-party charges. Cancellation does not relieve you of any Commitment under Section 20.

20. Term Commitments, Discounts, and Early Termination

20.1 Committed terms. Certain pricing, discounts, promotional rates, credits, or other incentives are offered by Ballpoint in exchange for your commitment to a minimum term, minimum volume, or minimum spend (a "Commitment"). Where you accept such an offer — whether through an order form, sign-up flow, written agreement, or acceptance of a promotional rate — you agree to the full duration and terms of that Commitment, and that Commitment is binding for its stated period.

20.2 The discount is consideration for the full term. You acknowledge that any discounted or promotional rate is expressly conditioned on your completion of the entire Commitment, and that Ballpoint prices and provisions its production capacity in reliance on that Commitment. The discount is earned across the full term, not at sign-up.

20.3 Early termination. If you terminate, cancel, pause, or stop paying for a Commitment before the end of its term for any reason other than Ballpoint's uncured material breach, then, at Ballpoint's election and to the extent permitted by law, you agree to pay either:

a. the difference between the discounted amounts you have already received and the standard (undiscounted) rates that would have applied absent the Commitment (a "discount clawback"); or b. an early termination amount equal to the remaining fees that would have become due over the balance of the committed term.

Such amounts are due immediately upon early termination. The parties agree that Ballpoint's actual damages from early termination would be difficult to determine with precision, and that the amounts in this Section represent a reasonable estimate of those losses agreed to at the time of contracting, and not a penalty. Any amounts already paid are non-refundable.

20.4 Enforceability fallback. If the amount elected by Ballpoint under Section 20.3 is determined to be an unenforceable penalty under applicable law, the parties intend that the alternative amount under the other subsection apply instead; and if neither is enforceable, Ballpoint retains all rights to recover its actual damages, including the value of discounts conferred in reliance on the Commitment.

20.5 No waiver by accommodation. Ballpoint's agreement to pause, defer, or otherwise accommodate you at any time does not waive, reduce, or release your Commitment unless Ballpoint agrees in a signed writing.

21. Mail Production and Delivery Disclaimer

Once a Mail Piece has been mailed, it cannot be recalled, edited, or canceled. Delivery is performed by the United States Postal Service ("USPS") and other third-party carriers over which Ballpoint has no control. Ballpoint is not responsible or liable for any delay, misdelivery, non-delivery, damage, loss, or other delivery issue caused by the USPS or any other carrier, including postal processing delays, service disruptions, lost or destroyed mail, or changes to postal rates, schedules, or procedures. Ballpoint's responsibility is limited to producing your Mail Pieces and tendering them to the USPS or carrier; delivery outcomes and timelines thereafter are outside our control. Ballpoint further does not guarantee delivery times, response rates, campaign results, or the accuracy or deliverability of any address you provide, and is not responsible for undeliverable mail or address errors in Customer-provided data.

22. Address Data, List Hygiene, and Undeliverable Mail

22.1 Your data. You are solely responsible for the accuracy, completeness, currency, formatting, and lawfulness of every mailing list and address you provide. Ballpoint mails to the addresses you supply and is not obligated to verify, correct, or investigate them.

22.2 Hygiene services. Ballpoint may offer or perform address standardization, CASS certification, NCOA processing, deduplication, suppression, vacancy or undeliverable-as-addressed flagging, or similar list hygiene, whether directly or through third-party vendors. These services are provided on an as-is basis using third-party data of varying quality and recency. Ballpoint does not warrant the accuracy, completeness, or currency of any hygiene result and does not guarantee that processed addresses are deliverable, current, or correctly matched. Hygiene may remove valid records or retain invalid ones. Ballpoint is not liable for records incorrectly suppressed, retained, changed, or matched by any hygiene process.

22.3 No deliverability guarantee. Ballpoint does not guarantee any delivery rate, match rate, or percentage of deliverable addresses. Postage and production charges for undeliverable Mail Pieces are non-refundable, as those costs are incurred regardless of delivery outcome.

22.4 Returned mail. Unless you have purchased a returned-mail handling service, Ballpoint has no obligation to receive, hold, scan, forward, report on, or return undeliverable Mail Pieces, and may dispose of returned mail in a secure manner.

23. Production Errors — Exclusive Remedy and Claims Window

23.1 Exclusive remedy. If Ballpoint makes a material production error that is not attributable to your Customer Content, an approved Proof, your instructions, your mailing list, a carrier, or any other cause outside Ballpoint's reasonable control, Ballpoint's sole obligation and your sole and exclusive remedy is, at Ballpoint's election, to (i) reprint and re-mail the affected Mail Pieces at Ballpoint's cost, (ii) issue a credit toward future Services, or (iii) refund the amounts you paid for the affected Mail Pieces. This remedy is in lieu of, and not in addition to, any other remedy, and applies notwithstanding the failure of its essential purpose.

23.2 Claims window. Any claim, dispute, or request for adjustment relating to an Order must be submitted to Ballpoint in writing, with reasonable supporting detail and samples, within thirty (30) days after the Mail Pieces are tendered to the carrier. Claims not submitted within that period are irrevocably waived, and the Order is deemed accepted in full.

23.3 Cooperation. You agree to provide samples, images, and other information Ballpoint reasonably requests to evaluate a claim, and to preserve affected Mail Pieces until the claim is resolved.

24. Disclaimer of Warranties

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BALLPOINT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Ballpoint does not warrant that the Services will be uninterrupted, error-free, or that materials on the Website are accurate, complete, or current.

25. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BALLPOINT OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BALLPOINT'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO BALLPOINT FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM, OR (B) THE AMOUNTS PAID BY YOU TO BALLPOINT FOR THE SERVICES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO BALLPOINT'S LIABILITY. NOTHING IN THIS SECTION LIMITS, CAPS, OR OTHERWISE RESTRICTS (A) YOUR OBLIGATION TO PAY AMOUNTS DUE UNDER SECTIONS 15 THROUGH 20, (B) YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION 13, OR (C) YOUR LIABILITY FOR BREACH OF SECTIONS 5, 6, 7, OR 10, NONE OF WHICH ARE SUBJECT TO ANY CAP. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

26. Accuracy of Materials

Materials on the Website may include technical, typographical, or photographic errors. Ballpoint does not warrant that any materials are accurate, complete, or current, and may change materials at any time without notice, without any commitment to update them.

27. Term and Termination

These Terms apply while you access the Website or use the Services. We may suspend or terminate your access at any time, with or without cause, without liability. Termination does not relieve you of any Commitment or payment obligation accrued under Section 20, and does not extend the Prepaid Funds period under Section 17. Upon termination, your right to use the Services ceases; Sections that by their nature should survive (including Sections 5.2, 6, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 20, 21, 22, 23, 24, 25, 28, and 29) survive termination.

28. Dispute Resolution; Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIMS.

28.1 Informal resolution first. Before initiating arbitration, the parties will attempt in good faith to resolve any dispute informally. The party raising the dispute will send written notice describing the dispute and the relief sought to the other party. If the dispute is not resolved within thirty (30) days of that notice, either party may commence arbitration.

28.2 Agreement to arbitrate. Except as provided in Section 28.5, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the relationship between the parties — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before or after termination — will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. This agreement to arbitrate is governed by the Federal Arbitration Act.

28.3 Procedure. The arbitration will be conducted by a single arbitrator, seated in St. Charles County, Missouri, and conducted in English. The arbitrator has exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, or formation of these Terms, except that any dispute regarding the enforceability of the class action waiver in Section 28.4 is for a court to decide. The arbitrator may award any relief available in a court of law, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Judgment on the award may be entered in any court of competent jurisdiction.

28.4 Class action and jury trial waiver. YOU AND BALLPOINT EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. Claims may be brought only in an individual capacity. The arbitrator may not consolidate or join the claims of more than one person or preside over any form of representative proceeding. If this waiver is found unenforceable as to any claim, that claim (and only that claim) will be severed from the arbitration and brought in the courts identified in Section 29, and the remainder of this Section 28 will remain in effect.

28.5 Exceptions. Either party may (a) bring an individual claim in small claims court if it qualifies, and (b) seek temporary or preliminary injunctive or other equitable relief in the courts identified in Section 29 to protect intellectual property rights, Confidential Information, or to prevent unauthorized use of the Services, without waiving this Section. Ballpoint may also bring an action in those courts to collect amounts due.

28.6 Costs and fees. Each party bears its own attorneys' fees and costs, and arbitration fees will be allocated under the AAA rules, except that the arbitrator may award fees and costs to the prevailing party to the extent permitted by law.

28.7 Opt-out. You may opt out of this Section 28 by sending written notice to Ballpoint at the address in Section 32 within thirty (30) days after you first accept these Terms, stating your name, account information, and that you opt out of arbitration. Opting out does not affect any other provision of these Terms.

28.8 Time limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Services must be brought within one (1) year after the claim accrues, or it is permanently barred.

29. Governing Law and Venue

These Terms are governed by the laws of the State of Missouri, without regard to its conflict-of-law rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. For any dispute not subject to arbitration under Section 28, you irrevocably submit to the exclusive jurisdiction and venue of the state courts located in St. Charles County, Missouri, or the United States District Court for the Eastern District of Missouri, and waive any objection to venue or inconvenient forum. In any action arising out of these Terms, the prevailing party is entitled to recover reasonable attorneys' fees and costs.

30. Modifications

Ballpoint may revise these Terms at any time by posting an updated version. Changes are effective when posted (or on the stated effective date). Your continued use of the Website or Services after changes take effect constitutes acceptance of the revised Terms.

31. Miscellaneous

  • Entire Agreement. These Terms, together with any order form or platform terms you accept, constitute the entire agreement between you and Ballpoint regarding the Services and supersede prior agreements on the subject.
  • Severability. If any provision is held invalid, the remaining provisions remain in full force.
  • No Waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
  • Assignment. You may not assign these Terms without our prior written consent; Ballpoint may assign freely.
  • Force Majeure. Ballpoint is not liable for delays or failures caused by events beyond its reasonable control, including carrier delays, postal service disruptions, supply or material shortages, equipment failure, utility or network outages, labor disruptions, and acts of God.
  • No Other Third-Party Beneficiaries. Except as expressly provided in Section 14, these Terms create no third-party beneficiary rights.
  • Notices. Notices to Ballpoint must be sent to the address or email in Section 32. Notices to you may be sent to the email or postal address associated with your account and are deemed received when sent.
  • Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.
  • Electronic Communications. You consent to receive communications from us electronically, and agree that electronic notices and agreements satisfy any legal requirement that they be in writing.

32. Contact

Questions about these Terms may be directed to:

Ballpoint Marketing, LLC support@ballpointmarketing.com

By accessing the Website or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.