Mobile Messaging Terms and Conditions
Last updated: 10/8/23
1. Program Description: We may send promotional and transactional mobile messages in various formats through the Program. Promotional messages advertise and promote our products and services and may include promotions, specials, other marketing offers, and abandoned checkout reminders. Transactional messages relate to an existing or ongoing transaction and may include order notifications and updates, appointment reminders, and other transaction-related information]. Mobile messages may be sent using an automated technology, including an auto dialer, automated system, or automatic telephone dialing system. Message frequency will vary but will not exceed 3 messages per month per customer contact. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.
2. User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at firstname.lastname@example.org. Your participation in the Program is not required to make any purchase from us and your participation in the Program is completely voluntary.
3. User Opt-Out and Support: You may opt-out of the Program at any time. If you wish to opt-out of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. For support, reply HELP to any mobile message from us. Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.
4. Disclaimer of Warranty and Liability: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program.
5. Modifications: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications.
Drive Retail uses HTTPS protocols, data encryption, and data sunsetting to protect your data on a secure network.
Terms and Conditions of Order
You are solely responsible for the accuracy of the text entered (i.e. promotional offer, disclaimer, event date, event time, etc.). Please proofread all information you entered carefully.
Drive Retail reserves the right to refuse to print any material and/or text that Drive Retail determines, in its sole discretion, is immoral, illegal or inappropriate for any reason for distribution in the United States Postal Service mail stream, on the internet, or through email. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements. You will not be charged for any services that are performed by Drive Retail on any job that is denied for the reasons described in this paragraph.
Thank you for placing your confidence in our abilities to generate the best possible production of your selected creative design(s). At Drive Retail, we strive to faithfully print your work according to your expectations. We’ll produce the colors in your selected design template according to best-practice printing industry standards. Our processes involve the calibration and maintained control of many devices including our printing presses, proofing equipment, image setters, monitors and lighting, to name just a few.
We employ a team of digital and technical experts ranging from design and imaging artists to prepress professionals and extremely experienced pressmen.
Because our program is automated and your logo and store information along with your promotional offer, disclaimer and other text entered when you placed your order is automatically populated into pre-designated spaces on your mailer, Drive Retail offers no formal proofing process. If your order is over 1,500 pcs., Drive Retail will email you a sample of your design for review, but please note that there can be no edits made to this sample.
The fees for Drive Retail products and services, which include the cost of processing, printing, shipping and/or mailing, and any other charges applicable, are due and payable together with the submission of an order. Please note that charges will appear on your credit card statement as "Drive Media LLC". We collect payment usually within the first five days of invoicing. If we are unable to successfully charge your credit card, we will continue to attempt collection thereafter, typically for 1-2 subsequent week(s). Drive Media, LLC may use services made available by card issuers which allows for the update of your card information and prevents disruptions due to account changes, such as an expired card or reissued card.
Sales Tax Policy:
Drive Retail is required to collect sales tax on purchases shipped within Georgia. If your order qualifies for sales tax exemption in accordance with Georgia Sales & Use Tax Regulations you must provide Drive Retail with a valid Georgia Resale Certificate. Drive Retail requires that resale certificates be provided at the time of order via mail or fax to (770) 881-7332.
Refunds & Cancellation:
No refunds will be granted for work that Drive Retail has finished on an approved order. Additionally, design and set-up fees may still apply and be charged even though the project has not been printed or mailed. All refunds, due to an overpayment on a particular account are available upon customer request.
3. Production Time
We accept orders placed via our Online Post Office or The Edge Software every week of the year Monday through Sunday midnight EST. Once order is placed, your direct mail pieces are processed, printed and mailed the following Friday. Expected delivery date and Production Times are not guaranteed.
4. Shipping and Delivery
Drive Retail strives to provide superior service but is not responsible if your order arrives late due to unforeseen delays in delivery service, lost/stolen packages, natural disaster, the breakdown of equipment, bad weather, etc. In no case will Drive Retail be liable for special, incidental, or consequential damages of any kind as a result of the shipping process. Please remember that the shipping transit time is based on the number of business days in transit which does not include weekends or holidays.
If you do not receive your order by the expected delivery date, or if the order arrives damaged, please email email@example.com or call 770-937-0735 and include the order number.
5. Mailing Services and Mail Delivery
In no case will Drive Retail be liable for special, incidental, or consequential damages of any kind as a result of the mailing. Drive Retail’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service. Drive Retail shall not be liable for USPS performance failures or delivery delays. Drive Retail accepts no responsibility for any additional services performed outside of Drive Retail, including but not limited to additional ink jetting, printed materials, bindery or mail delivery services.
It is the customer’s responsibility to comply with all applicable laws, foreign, federal, state and local laws when using our Mailing Services. Drive Retail does not claim to have expertise in legal compliance with such laws.
Drive Retail is not responsible for undeliverable or returned pieces on any customer supplied mailing list regardless if CASS or NCOA certifications have been processed.
6. Mailing List(s)
Drive Retail agrees to maintain the confidentiality, safekeeping and protection of confidential information contained in a customer’s mailing list. A customer’s mailing list(s), while in the possession of Drive Retail, is the exclusive property of the customer and shall be used only with customer’s instructions. It is the customers or customers’ list vendors’ responsibility to maintain a duplicate copy of its mailing list. Drive Retail assumes no responsibility for replacement (or reprocessing) of such lists in the event of loss by fire, vandalism, theft or other such causes while in its possession. Customer’s mailing list(s) will not be sold or offered for use to any other party.
Unless otherwise instructed, Drive Retail will remove duplicate names, as part of our mailing services, from all lists submitted for processing where the name and address match within reasonable standards. 100% accuracy of removal cannot be guaranteed due to data variances.
Change of Address updates:
The U.S. Postal Service requires that all automated mailings comply with Move Update. Drive Retail provides this service for any customer supplied lists but does not guarantee the percentage of records that are corrected.
Drive Retail uses .CSV format for data compilation for mailing services. Customer will be notified, in advance, of conversion and formatting incompatibility.
Customer remains fully responsible for payment of any ordered list in the event that the printing and/or mailing portion of the order is cancelled by customer. For Specialty lists, customer should note that a List owner may request a copy of the customer’s mail piece and view the desired mail date prior to providing approval of the list rental order. Customer should also note that a list owner reserves the right to refuse a list rental order for any reason they see fit.
7. Indemnification, Damages
You agree to indemnify and hold Drive Retail and its parent companies, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys’ fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s) being reproduced on your card. You acknowledge and understand that copyrighted materials, per U.S. Copyright law do not have to bear a copyright notice in order to be protected by such laws. You also warrant and represent that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by Drive Retail. DO NOT send any “one-of-a-kind” transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible, financially or otherwise for loss or damage to customer supplied images, artwork, and any other materials used to produce your product.
The liability of Drive Retail, if any, for damages related to the production and shipping and/or mailing of the product, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to Drive Retail for its products and services. In no event will Drive Retail be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever.
8. Ownership and Limited Use
By placing an order with Drive Retail, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with Drive Retail; and (ii) are authorizing Drive Retail to print, mail, or distribute by electronic means any such order on your behalf. Any images/graphics, text or other materials supplied to Drive Retail by the customer will remain sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to Drive Retail. However, any additional materials created by Drive Retail in the production of an order, (including but not limited to: typeset layouts, color scans, fonts, high resolution digital files, etc.) are and shall remain the sole property of Drive Retail.
In the event Drive Retail has purchased iStock or GettyImages on your behalf for use in your layout please be aware that these iStock or GettyImages are by default purchased with iStock or GettyImages’ standard license, which only permits the image and/or content to be used on one layout for one mailing campaign. iStock or GettyImages’ standard license agreement dictates that these images and/or content cannot be repurposed by the client or reused in any other layout or mailing campaign (even if re-printing with Drive Retail) without repurchasing the image for this additional use.
Drive Retail reserves the right to reprint and distribute your finished job as an example of a Drive Retail product sample for any and all promotional purposes. Customers may withdraw their orders from being used as product samples by sending a written request to Drive Retail at the following address: 240 Crown Vetch Lane, Johns Creek, GA 30005 or by email to: firstname.lastname@example.org. Your images and/or images of your finished job will not be featured in any national advertisements or promotions without your prior written consent.
Drive Retail reserves the right to terminate your account and access to the Site and its services at any time. Termination by Drive Retail may include removal of access to the Service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site and discontinue ordering with Drive Retail.
10. Policy Changes
Please read ‘Terms and Conditions of Use/Website’ (directly below) carefully. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by Drive Retail. You hereby waive any Statute of Limitations to the contrary.
Please check our Terms and Conditions policy when visiting our Site or ordering. Drive Retail reserves the right to change and adjust its Terms and Conditions and will log the date of the update at the top of the Terms and Conditions webpage.
Terms and Conditions of Use/Website
Use of the Drive Retail website (collectively, the “Site”) operated by Drive Media, LLC d.b.a. Drive Retail (collectively, “Drive Retail”), or one of its divisions or subsidiaries is based upon your abiding by our Terms and Conditions when you use the Site. If you do not agree to these Terms and Conditions of Use, do not use any portion of the Site.
1. Nonexclusive License
We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Drive Retail. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, code or form) of Drive Retail without our express written consent. You may not use any Meta tags or any other “hidden text” utilizing Drive Retail’s name or trademarks without the express written consent of Drive Retail. Any unauthorized use terminates the license granted by Drive Retail. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of DriveRetail.com so long as the link does not portray Drive Retail, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Drive Retail logo or other proprietary graphic or trademark as part of the link without express written permission.
2. Prohibited Use
Unauthorized use or modification of any information stored on the Site or associated servers may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purposes. You are solely responsible for the content of any transmissions you make to the Site or to any Drive Retail employee.
By using this site, you agree that you will not:
Promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability
Conduct any activity that infringes on copyright, patent, trademark, service mark or any other rights of a person or entity
Impersonate any person or entity
Use a false name and/or invalid credit card to place an order
Restrict or inhibit any other user from using and enjoying any service conducted on the Site
Send, post or otherwise publish through the Site, any message, material, user name or other communication that is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory
Distribute, upload, inject, or in any way send anything which contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or property of Drive Retail
Advertise or solicit on or through the Site without express written permission from Drive Retail
Use the Site for chain letter, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list
Create links or redirects to another site
Promote the use of controlled substances
Post or send anything that causes injury or harm to another person or entity
Use for any other purpose is expressly prohibited by law.
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and restricting access to your computer. By visiting this site you agree to accept responsibility for all activities that occur under your account or password. Drive Retail reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion but shall not be obligated to do so. While Drive Retail has no obligation to monitor the Site and is not responsible for the content of any messages, reviews, information or files transmitted on the Site, we reserve the right to delete and take other appropriate action with respect to such messages, information or files with which Drive Retail, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions, including denying access to the site to anyone at any time.
If you do post or submit content, you represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will indemnify Drive Retail for all claims resulting from content you supply. Drive Retail respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately at email@example.com.
5. Copyright Ownership
All content included on the Site, including but not limited to text, graphics, photographs, logos, within third-party applications, and/or software, and all derivative rights thereof is the property of Drive Retail or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material on Drive Retail’s website(s) is prohibited. Drive Retail and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets. Also, we are unable to provide the native design files created by Drive Retail.
6. Trademark Ownership
DRIVE RETAIL, DRIVE MEDIA, and ACCUZIP and other related trademarks and service marks are the property of Drive Retail or other Drive Retail partners and may be protected by United States and international trademark law. They may not be used without the written permission from Drive Retail and all rights are reserved.
7. Web Linking
Links may appear on the Site that link to other web sites. These links are provided as a courtesy to our visitors. Drive Retail has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. Drive Retail is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. Drive Retail reserves the right to terminate any link at any time.
8. Disclaimer and Limitation of Damages
Drive Retail is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided “as is,” without representations or warranties of any kind, either express or implied. This includes, without limitation, any express or implied warranty of using our Site or services, and are not liable for compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, Drive Retail makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will Drive Retail, its suppliers, or any other party involved in creating, producing or delivering the Site’s content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site.
Any reliance upon any advice, opinion, statement other information displayed or distributed through the Site is at your sole risk. Drive Retail reserves the right, in its sole discretion and without notice to deny access to the Site to anyone at any time. Neither Drive Retail nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.
Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.
We make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of email addresses, registration and identification information, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.
You agree to indemnify and hold Drive Retail and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.
10. Applicable Laws
Drive Retail operates the Site from other vendors and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject Drive Retail to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining Terms or Conditions. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of Georgia as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in Johns Creek, Georgia and any action brought in connection with the Site or Site content shall be brought in either the state or federal courts in Johns Creek, Georgia. Communications made through the Site’s email and messaging system shall in no way be deemed to constitute legal notice to Drive Retail or any of its officers, employees, agents or representatives, such as where notice to Drive Retail is required by contract, or any federal, state or local laws, rules or regulations.
11. Contact and Feedback
You can write to us directly at:
240 Crown Vetch Lane
Johns Creek, GA 30005
You may be required to prove your identity in order to ensure that no third party can gain access to your personal data. We will respond to all legitimate requests within a reasonable time period.