These Terms of Service ("Terms") govern your use of the services provided by Notedly, operated by BlueRidge Consulting LLC ("Notedly," "we," "us"). By using our service or placing an order, you agree to these Terms.
1. The Service
Notedly produces personalized cards using pen-plotter machines that hold real pens and write in real ink on real paper. Output is machine-produced, not human-written. We mail completed cards via USPS or equivalent carriers on behalf of business and organizational clients.
2. Eligibility
The service is offered to businesses, nonprofits, and other organizations. By placing an order, you represent that you are authorized to enter into these Terms on behalf of your organization and are at least 18 years old.
3. Orders, Pricing, and Payment
- Pricing tiers and minimum order quantities are published at sendnotedly.com/pricing and may change with notice.
- Orders are confirmed when payment is received and creative is approved.
- Standard production turnaround is seven (7) business days after creative approval. Mail transit time is separate and depends on the carrier.
- We invoice in U.S. dollars. Payment is due before production begins unless a different payment arrangement has been agreed in writing.
4. Recipient Data and Your Representations
When you upload recipient lists or campaign content, you represent and warrant that:
- You have the legal right to mail to each recipient on the list.
- The list complies with all applicable laws, including the CAN-SPAM Act and any analogous direct-mail regulations.
- The content does not violate any third party's rights and is not defamatory, deceptive, unlawful, or otherwise prohibited by Section 6.
- You will indemnify Notedly against any claim arising from your violation of these representations.
5. Cancellation and Refunds
- You may cancel an order at no charge until production begins.
- Once production begins, the order cannot be refunded because the cards are personalized and have no resale value.
- If we fail to ship within our stated turnaround due to our fault (excluding force majeure, carrier delays, or client-caused delays such as late creative approval), we will reprint the affected portion at no additional charge.
6. Content Restrictions
You may not use Notedly to mail content that is:
- Illegal, fraudulent, deceptive, or in violation of any law.
- Threatening, harassing, defamatory, or invasive of privacy.
- Sexually explicit, hateful, or designed to incite violence.
- Promoting controlled substances, firearms, or other restricted goods in violation of applicable law.
- Infringing on third-party intellectual property or trademark rights.
- A political campaign communication subject to election-law restrictions, unless you provide written confirmation that you are compliant with all such laws.
We reserve the right to refuse or cancel any order that violates these restrictions. You remain liable for any costs incurred before cancellation.
7. Intellectual Property
You retain ownership of the content you submit. You grant Notedly a limited license to use that content solely to produce and mail your campaign. Notedly retains all rights to its production technology, software, fonts, designs, processes, and marketing materials. We may reference your company name in client lists and case studies in non-confidential, aggregated terms unless you opt out in writing.
8. Limitation of Liability
To the maximum extent permitted by law, Notedly's total liability for any claim arising out of these Terms or the service is limited to the amount you paid for the specific order giving rise to the claim. We are not liable for indirect, consequential, incidental, special, or punitive damages, including lost profits or lost business.
9. Disclaimers
The service is provided "as is" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee specific response rates, retention rates, or campaign outcomes — those depend on factors outside our control.
10. Indemnification
You agree to indemnify, defend, and hold harmless Notedly and BlueRidge Consulting LLC, and their respective officers, employees, and affiliates, from any claim or demand, including reasonable attorneys' fees, arising out of your use of the service, your content, your recipient lists, or your violation of these Terms.
11. Governing Law and Disputes
These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws principles. Any dispute will be resolved exclusively in the state or federal courts located in Maricopa County, Arizona, and you consent to personal jurisdiction there.
12. Changes to These Terms
We may update these Terms. We'll post a new "Last updated" date and notify active clients of material changes by email. Continued use of the service after changes means you accept the updated Terms.
13. Contact
Notedly (a DBA of BlueRidge Consulting LLC)
Email: contact@sendnotedly.com