DeluxeSocial℠ Terms of Use

  1. Acceptance of Terms.

    Please read these Terms of Use carefully (“Terms of Use”) as they govern your access and use of this website (“Site”) and the products and services provided herein (“Service” or “Services”). These Terms of Use are in addition to (not in lieu of) any specific terms and conditions that apply to the Services you purchase or access through the Site.
    As used herein, “we”, “us”, “our“ or “ours” refers to Deluxe Small Business Sales, Inc. and its affiliates. “Customer”, “you”, “your” or “yours” refers to the customer accessing this Site and purchasing and using the Services together with the company or other business entity you are representing, if any.
    By accessing and using the Site, using any of our Services and/or electronically accepting any of our Agreements, you represent and warrant that you are at least 18 years of age and/or are otherwise recognized as being able to form legally binding contracts under applicable law, agree to be bound by these Terms of Use, our Privacy Policy and to any additional related policies, guidelines, restrictions or rules that may be posted from time to time. All such additional posted guidelines, restrictions, or rules are incorporated herein by reference. If you are agreeing to these Terms of Use or any of our other Service Agreements on behalf of a corporate entity, you represent and warrant that you have the legal authority to similarly bind such corporate entity.
    We reserve the right to make changes to the Site, the Services and these Terms of Use at any time without prior notice to you. You should therefore review these Terms of Use each time you access this Site to keep apprised of these changes. If you do not agree to the changes implemented by Deluxe your sole and exclusive remedy is to terminate your relationship with us as a customer of the Services. Unless explicitly stated otherwise, any new features or products that change, augment or enhance Deluxe’s Service offerings will be subject to this Agreement.

  2. Notice

    We may provide communications and notices to you by means of a general notice on the Site or by email to the address on record in Your Account or by written communication sent by first class mail or prepaid post to your address on record. Such notice shall be deemed effective within 48 hours of transmission by mail or within 12 hours of transmission by email or by notice on the Site. You may withdraw your consent to receive electronic communications however doing so may also require that you discontinue your use of the Services. You may provide notice to us by sending an e-mail to marketing@deluxeforbusiness.com or by sending a written notice by first class mail or prepaid post to: Attention: Customer Service, Deluxe for Business, 3680 Victoria Street North, Shoreview, MN 55126. Such notice shall be deemed effective when received by us.

  3. Use of the Site

    You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and purchasing Deluxe products and services through the Site. No other download, retention, use, publication, or distribution of any portion of the Content is allowed.
    You agree to use this Site in a responsible manner that is in compliance with these Terms of Use and your local laws and regulations, including export and import regulations. You agree that you will not use the Site to produce products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. We reserve the right to terminate Your Account and suspend service to you for violations of this section.
    By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Deluxe to produce the products you order on your behalf.
    Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by us or our affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. We are free to use, without limitation or restriction, any ideas, concepts, know-how or techniques contained in any communication you send to or through the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such information.

  4. Description of the Services

    4.1 DeluxeSocial℠ Full Service. Deluxe will create social media messages for you and set up a content-approval process through which you will be able to review, comment on and provide approval of the messages we post on your behalf. You therefore agree to grant us administrative access to your social media sites for the limited purpose of creating and posting messages on your behalf. If you limit our access to your social media sites you will still be responsible for paying us the related monthly service fee. Please note that we require your approval for business-specific messaging and, until we receive that approval, no new content will be published on your social media channels.
    4.2 DeluxeSocial℠ Page Creator. Deluxe will create custom social media tabs for your social media site. We are not responsible for (a) reminding you to keep up-to-date information displayed on your social media pages, (b) monitoring, managing or responding to commentary on your social media page (unless otherwise agreed), or (c) making sure that all content you provide for inclusion on your social media page is non-infringing and owned by you or authorized to be used by you. By posting content on your social media page, you are allowing others to view and share Your Content.
    NOTE: Upon termination or cancellation of the Services only the custom social media tabs we create for you will be deleted and are not recoverable; your basic business social media account, e.g. Facebook and any of Your Content posted there remains intact.
    4.3 DeluxeSocial℠ Manager. Deluxe will provide a social media dashboard to allow you to manage your social media activities on multiple channels. We are not responsible for (a) reminding you to keep up-to-date information displayed on your social media pages, (b) monitoring, managing or responding to commentary on your social media page (unless otherwise agreed), or (c) making sure that all content you provide for inclusion on your social media page is non-infringing and owned by you or authorized to be used by you. By posting content on your social media page, you are allowing others to view and share Your Content.

  5. Use of the Services

    5.1 You shall abide by all applicable state and local laws and regulations and the terms of services of all third party providers in connection with your use of the Service. You may not use the Service to:

    1. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
    2. send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights;
    3. send or store material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
    4. spoof, redirect or traffic from other websites in an effort to gain traffic;
    5. violate the CAN-SPAM Act of 2003;
    6. interfere with, disrupt or harm the Service or attempt to gain unauthorized access to the Service or its related systems or networks or interfere with or disrupt the data contained therein;
    7. screen or database scrap or engage in any other activity for the purpose of obtaining user lists or other information;
    8. upload, post, reproduce or distribute any information, software, or other material protected by copyright or any other intellectual property right without first obtaining the permission of the owner of such rights;
    9. sell, distribute, disseminate or link to any sites for marketing, sales, or distribution of firearms, explosives, ammunition, tobacco products and any other products or services that you cannot legally sell and/or, if sold via a your account, could cause Deluxe to violate any applicable law, statute or regulation; or
    10. encourage, permit or enable any of your representatives, agents, employees, affiliates, customers or any other third party to do any of the foregoing.

    5.2 You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Deluxe and/or third party content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. If, in our sole discretion, we reasonably conclude that you are or may be in breach of any of the above, we reserve the right to immediately terminate your account and your access to and use of the Services.
    5.3 Notice applicable to all social media Services.
    5.3.1 Best Practices. Please note that content created and submitted via social media channels can be viewed by others through third party services and websites. It is advisable to be cautious when giving out your information online, especially your private address, location, credit card number, or telephone number. You can control who sees your content by adjusting your account settings with your third party social media provider, e.g. Facebook, Twitter, LinkedIn. Please keep in mind that any content that was posted before you changed your privacy settings is deemed to have been displayed publicly and therefore may be available in search or through third party sites.
    5.3.3 Rights to User Information. If you choose to gather information from users of your social media pages, e.g. Facebook, you agree that all such user information will be subject to            your privacy policy and agree to prominently post such policy or a link to it at the information entry point. If you do not have a privacy policy, you agree to include and abide by the following statement instead:
    “Your contact information will be used only to provide the information you requested. We will not sell your information to third parties.”
    5.3.4 Upon termination or cancellation of the Services the custom social media tabs we create for you will be deleted and are not recoverable. Your basic business social media account, e.g. Facebook and any of Your Content posted there remains intact. We disclaim all liability in connection with the loss of any such content due to your subscription cancellation or termination. If you cancel the Service before the end of your current month, your cancelation will remain in effect until the end of the current subscription period and you will not be charged again.


  6. Third Party Information and Links to Other Websites

    You understand our Services rely on the availability of third party sites like Facebook, LinkedIn, Twitter, etc. to provide the necessary, software, networking, storage and related technology required to provide you with any of our social media services. These third parties may include advertisements or other links on your social media page and may make material changes to their websites or services that could significantly impact your own social media page. Moreover we do not offer technical support to assist your use of third party vendors. We are therefore not responsible for, make no representations or warranties for and disclaim all liability associated with your use of our Services relative to any such third party including, without limitation, data failures, network compromises or the speed or availability of the third party service.

  7. Your Account, Password and Security

    In order to transact a purchase on the Site you must first complete our registration process where you will provide us with your billing and contact information (“Your Account”). You agree to provide and maintain accurate, current and complete Your Account information about you, and any entity on whose behalf you order products or services.
    You are responsible for maintaining the confidentiality of Your Account and are responsible for all activities that occur and orders that are placed under Your Account. You will immediately notify us of any unauthorized use of Your Account or any other breach of security, and ensure that you exit from Your Account at the end of each session. We may suspend or terminate Your Account upon notice to you in the event that we reasonably determine that Your Account has been involved in a violation of this Agreement. You will cooperate with us with respect to investigations by us of any suspected or alleged violation of this Agreement and any action undertaken by us to enforce this Agreement. You will be liable for the losses incurred by us or others due to any unauthorized use of Your Account. Deluxe will not be liable for any loss or damage arising from your failure to comply with this section.

  8. Intellectual Property

    Except as noted otherwise in the text of the Site, the trademarks, logos, service marks, text, images and all other copyrightable materials displayed on the Site and available for use with the products or services constitute intellectual property owned by Deluxe or which Deluxe has the right to use on the Site (the “Content”). Nothing herein grants you any license or right, by implication, estoppel or otherwise, to use any Content without our prior written permission. Unauthorized use of the Content or any other content on the Site is strictly prohibited. You acknowledge that Content is being provided merely as a convenience and accommodation to you on an “AS IS” basis without warranty of any kind.

  9. Notice Specific to Documents Available on this Site

    You are granted permission to use documents provided on the Site such as white papers, data sheets and FAQs (“Documents”) provided that the content contained therein including any copyright notice is not altered or removed. Use of such Documents is for informational and non-commercial or personal use only and shall not be copied or posted on any network computer or broadcast in any media.

  10. Materials Provided by You

    In connection with your use of the Site and the purchase of products or Services made available through the Site, you may provide us with text, images, photographs, graphics, sound, video and other information for inclusion (“User Content”). You may also have the ability to view, post, publish, share, store or manage User Content via the Site or the Services. All such comments and postings are public, not private, communications.
    You warrant and represent that you have all necessary right to provide User Content and that it does not violate the intellectual property rights or any other rights of any third party. You grant us a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display User Content in order to provide products and Services to you or in connection with your use of our websites.
    Although we are not obligated to pre-screen User Content, we reserve the right to do so or to refuse or remove any of User Content that, in our sole discretion, violates these Terms of Use or is otherwise objectionable.
    You agree to back-up all of your User Content so that you can access and use it when needed. Deluxe does not warrant that it backs-up User Content, and you agree to accept as a risk the loss of any and all of your User Content. You agree to indemnify and hold Deluxe and its subsidiaries and affiliates and its and their officers, directors, employees, partners and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of our use of User Content.

  11. Purchases of Products and/or Services; Transfer of Title

    Prices are F.O.B. shipping point. This means that the risk of loss and title for products you order from us pass to you upon our delivery to the carrier. For any product that is to be provided to you in an electronic format, delivery shall be deemed to have occurred either (a) at the time we transmit the product via email or other electronic communication addressed to you, or (b) at the time we transmit a notification to you that the product is available for downloading from the Site. State sales tax will be added to your order where applicable.

  12. Fees and Payments

    By signing up for our social media services, you are agreeing to pay us the monthly or annual subscription fees indicated. Payments will be charged on the day you sign up to receive the service and will cover your use of that service for a monthly or annual period as indicated. All fees and payments are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.  Deluxe expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online at this Site or otherwise communicated to you using the information on file with us, and effective immediately without further notice to you.  If you have purchased Services for a period of months or years, changes or modifications in prices and fees will be effective when the Services in question come up for renewal. 
    Unless otherwise stated, you may pay for Services by providing a valid credit card. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring that your credit card information is current and valid. Failure to do so may result in the interruption or loss of Services. Deluxe will not be liable to you or any third party regarding these Services loss or interruptions.
    If we are unable to charge your credit card for the full amount owed for the Services provided or if we incur a chargeback for any fee we previously charged to your credit card, you acknowledge that Deluxe may pursue all available lawful remedies in order to obtain payment including, immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf.
    Deluxe reserves the right to charge you reasonable additional fees for, e.g. (i) service upgrades (one-time non-recurring charge) to be invoiced to you in the following billing cycle, (ii) tasks we may perform for you that are outside the normal scope of our Services, (iii) additional time and/or costs we may incur in providing our Services to you, and/or (iv) your noncompliance with this Agreement as determined by us in our sole discretion. These additional fees will be billed to the credit card or other payment method you have on file with us.
    Late Fees and Penalties. We reserve the right to charge late fees, e.g. 1% per month (18%, annually) or 6% of the amount due plus $10 per month for amounts not timely paid.
    NOTE: Service availability often depends on the availability of third-party service providers over which we have no control. Credit is not provided for periods where service is unavailable or reduced due to the unavailability or interruption of those third-party services.

  13. Trial Offers.

    Some of our Services are offered on a free or limited trial basis. Unless otherwise stated, limit one free or limited trial offer per person or entity during any one-year period. If you do not cancel your trial subscription during the offer period, we will charge the credit card you provided during the registration process of the applicable monthly subscription fee.

  14. Disclaimer of Warranties

    The Site and the products and services available via the Site are provided by use on an “AS IS” and “AS AVAILABLE” basis. Therefore you understand that your use of the Site and the products and services is at your sole risk. To the fullest extent permissible pursuant to applicable law, Deluxe and its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
    Deluxe and its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors do not warrant or make any representation regarding the use or the results of the use of the products or services in terms of effectiveness, accuracy or reliability, that they will produce any guaranteed or stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely, secure or error-free manner.
    Deluxe is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store or maintain any of Your Account data or Your Materials. In states where the limitations on implied warranties or the exclusion or limitation of certain damages is not allowed, some or all of the above disclaimers, exclusions or limitations may not apply to you and you may have additional rights. In such cases Deluxe’s liability will be limited to the fullest extent permitted by applicable law.

  15. Limitation of Liability

    Deluxe and its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors will not be liable to you for any special, direct (with respect to your use of the Site only) indirect, incidental, consequential, punitive, reliance or exemplary damages (including without limitation losses or liability resulting from loss of data, loss of revenue, anticipated profits, or loss of business opportunity) that result from your use or inability to use the Site or the products or Services made available through the Site, even if advised of the possibility of such damages. For any product or Service we provide to you, the aggregate liability of Deluxe its subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors, whether in contract, tort or any other theory, will not exceed the amount actually paid by you to us for accessing the Services during the previous six months preceding the date that gave rise to the claim, or five hundred dollars ($500.00), whichever is less. In states where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases Deluxe’s liability will be limited to the fullest extent permitted by applicable law.

  16. Indemnification

    You shall indemnify, defend and hold Deluxe, its officers, directors, employees, shareholders, agents, affiliates, licensors and subcontractors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable attorneys fees), arising out of or in connection with any claim, action or proceeding (collectively, "Claims") arising out of or related to any act or omission by you in using the Site or any product or Service ordered via the Site including but not limited to your violation of the Agreements or policies found on the Site or infringement of any third party proprietary rights by you.

  17. Jurisdiction and Governing Law

    Unless otherwise noted in any applicable Agreement, this Agreement, the Services and all matters arising out of or relating thereto will be governed by the laws of the State of Minnesota without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the products or services offered via the Site will be brought in the state or federal courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.

  18. General Support Services

    Deluxe will provide you with phone support at no additional charge for technical questions and issues relating to your use of the Site. You may contact our support services by dialing 855-791-8966, Option 2, 24 hours a day, 7 days per week or emailing us at support@deluxeforbusiness.com. Our mailing address is Deluxe for Business, 3680 Victoria Street North, Shoreview, MN 55126.