TERMS & CONDITIONS:

In consideration of the products and services I will receive from Catch Fire Marketing LLC (CFM), I agree to the following terms and conditions.

1. Cancellation of Monthly Newsletters & Post Cards. I understand that I may cancel either of these programs provided I give written notice by the 15th of the month for cancellation of the following month’s mailing. Failure to provide written notice of cancellation by the deadline means that I will be responsible for payment for the upcoming month’s mailing piece whether it is sent or not. I will only be charged only for the number of addresses I have submitted each month.

Cancellation of all other orders. Once placed in production cancellations are often not possible due to automated production processes. If an order can be cancelled, we will of course do that. Custom orders cancelled prior to production are subject to a $50 order processing fee, PLUS any design/set-up charges.

2. Customization for mailing programs. For post card programs that allow for customization, I agree that if I don’t provide a custom message by the deadline or fail to respond to proofs within 24 hours of it being sent by Catch Fire Marketing (CFM) that I approve the use of a default message (Your Referrals are Appreciated) in place of the custom message I may have requested. In the case of newsletters, if I do not approve my proof of a custom feature within 24 hours I give permission for no custom message to appear in that mailing of the newsletter and the standard content will be used.

3 Additional newsletters/post cards. This program is available in increments of 10 pieces and is only available to that are in good standing with CFM and who are ordering a minimum of 100 pieces per printing. Parties purchasing additional copies agree not to make use of our postal indicia, and further will accept financial responsibility to pay for returned items if such items are placed in the mail, whether intentional or not. Cancellation deadline is the same as item 1.

4. Mailing Program Payments. Payments for mailing programs are due at the CFM office by the 5th of the month. CFM encourages payments by credit card to avoid potential delays caused by the mail. If payment is not received by the above dates, CFM will not be required to provide services, including printing and mailing of newsletters or post card or to provide other services associated with the program purchased in the month in which the payment was not received. Due to strict production schedules, no adjustments or special printings of newsletters or post cards will be made when payments are late. No refunds, credits, or adjustments of services will be made or owed if payments are not received on time. If your payment is not received by the due date a $50 late fee will be charged, plus, at our option, you will be accessed interest at the rate of 1.75% on the outstanding monthly balance. If paying by credit card, the monthly amount due will generally be charged during the first three business days of the month. If you elect to pay by credit card you authorize CFM to charge your credit card for the services listed in your sales order, verbal orders you have made, or per your direction via E-mail, according the terms and conditions of my card user agreement. Late fees will not apply to credit card payments, unless the transaction was declined. Late or non-payment does not fulfill the requirement to provide written notice of cancellation and CFM may elect to print your newsletters or post cards even if payment is not received by the deadline.

4A. Payments of all other services. Payments for all other services and programs are due upon receipt of the invoice. If your payment is not received within 30 days of the invoice date, your invoice, at our discretion, is subject to a $50 late fee. In addition, if your payment has not been received within 30 days of the the invoice date, at our discretion, you can be accessed interest, at the rate of 1.75% on the outstanding monthly balance. If you have provided us with your credit card information, you give CFM permission to retain that information and use that credit for future orders until you rescind your permission in writing.  Disputes/concerns/problems about products received must be received in a timely manner, within 10 business days of receipt of the item. If such dispute is not received in this time frame, you will forfeit your right to remedy.

4B. Non-Cash Adjustment.  To help offset the cost of accepting credit cards, a 3.75% processing charge will be applied to all credit/debit card purchases. Purchases made by check, ATH or cash will not have this fee applied to your total.

Please note: A Non-Cash Adjustment is not a Surcharging Fee.

5. Mailing Program Term. Your CFM mailing program has been set-up based on the schedule you requested and is designed to run indefinitely until you cancel my program. For cancellation procedures, see sections 1.

6. Other.

A. Monthly Mailing Programs Set-up fee. A set-up fee of $75.00 will be charged to set-up the graphical tag box and set-up your database. This fee will be charged and is payable in the first installment. Repeated subsequent changes to my graphical tag box may result in additional charges. If additional fees will be charged, you will be notified in advance of our making those changes.

B. Data entry. We require that the names provided to CFM be in a comma delimited ASCII (.txt or .csv), Excel, or .dbf file format, with the information separated as follows: one or two name field (includes both first and last name(s) (e.g. Jim Smith and Sally Jones, Jim and Sally Jones) or the first name and last name each in separate fields, street address (including unit/apt. number) in a single field, and city, state, zip, each in separate fields. Data not provided in this format will result in data entry charges of $45.00 per hour for database entry work (one hour minimum). If the data you submit is not in the above specified format, you am consenting to have CFM fix my data at the rate noted above. Data entry charges, if any, are to be paid in full monthly.

C. Special Postage and Handling fees. In order to keep your mailing lists accurate, we send our mailings so that the USPS will notify us of address updates if available. CFM charges $1.05 for each address update or notification of non-deliverable item. CFM will provide a list of returned items to you via e-mail. Charges for returns, if any, are billed monthly. If the USPS postal rate increases during the time this agreement is in effect, the price of the services in the agreement shall automatically increase in the same amount, rounded up to the nearest penny.

D. Additional purchases. Submission of additional names (or deletions) by me constitutes my agreement to pay for additional services per the terms of this agreement. If paying by credit card, the submission of additional names constitutes my agreement to change the amount charged to my credit card. Address changes/updates/deletions are due by the 15th of each month.

E. Sales tax. Applicable sales tax will be added to all orders.

F. Other Customization. Submission of materials for customization for those using our custom newsletter or postcard services constitutes my agreement to pay for custom design fees. If utilizing a standard format the design fee for newsletter special features is $30 per issue. Otherwise the cost will be quoted.

G. Overages/under on quantity shipped. Many products are subject to industry standard overage/under which can range from 3-10% of the quantity ordered depending on the product/industry. The exact quantity printed by specialty suppliers is beyond the control of CFM. The client agrees to accept the quantity ordered within this stated variance with no adjustment to their pricing. CFM will adjust the invoiced amount to reflect the reduced or increased quantity if the variation is outside the industry standard range.

H. Custom screen printing/embroidery. It is understood and accepted that some items may be ruined during the imprinting sewing process. Clients that need an exact quantity (size/color/style) need to plan on a 2% waste/error potential which is within normal industry standards. Neither CFM or our sub-contractors are responsible to replace garments damaged or mis-imprinted that fall within this range. Further, having the client supplying garments is discouraged and the limit of liability for damaged or misprinted items is the imprint cost charged to the client.

7. Waiver. Waiver by either party of any term or condition or breach of this agreement shall not constitute a waiver of any other term or condition or breach of this agreement.

8. Errors and omissions. Catch Fire Marketing LLC assumes no responsibility or liability for any of the services performed or materials delivered by CFM or its contractors or for services not performed due to circumstances beyond the reasonable control of CFM. The maximum liability for errors shall be limited to the cost of the product or service we were to supply.

9. Confidentiality. CFM does not sell, distribute or use the contact information of its clients or publication subscribers provided by our clients for any other purpose other than providing the services offered by CFM.

10. Pricing subject to change. We make every attempt to keep pricing accurate on our Web site however all prices are subject to change and not final until presented in your sales order, signed off by customer, and returned to Catch Fire Marketing for its final approval. If pricing has changed between receiving the sales order and final acceptance by CFM, the client will have the option to cancel their order without penalty, except for custom design charges.

11. Miscellaneous. I agree to pay all arbitration and court costs, reasonable attorney’s fees and legal interest on any award or judgment in favor of the CFM. This agreement will be interpreted under the laws of the State of Colorado.

CATCH FIRE MARKETING, LLC  COPYRIGHT CONTENT POLICY

Updated July 1, 2020

Catch Fire Marketing, LLC (hereafter “Catch Fire” or “our,” “we,” or “us”) respects the copyrights, among other Intellectual Property rights, of others. We require anyone using our Services, or providing products and services to us, to do the same. The information below is meant to assist you in reporting content that you believe infringes on copyrighted works that you own and/or control and to allow us to investigate your complaint.

Our online Terms posted at https://www.CatchFireMarketing.com/Terms-Conditions/ are hereby included in this policy as if specifically stated herein.

1. What is the Digital Millennium Copyright Act?
2. What should you do if you believe your copyrighted material has been infringed?
3. What information is required in a Takedown Request?
4. What happens after you file a Takedown Request?
5. What to do if you have received notice of a Takedown Request?
6. What information is required in a Counter Notice?
7. What happens after we receive a Counter Notice?
8. How do you withdraw a copyright Takedown Request?
9. What is our policy for repeat copyright infringers?
10. How do you contact us?
11.  
12. Disputes.

You agree that we may access, preserve for our own purposes, and disclose to third parties your written complaint of copyright infringement, in whole or in part, if we believe, in our sole discretion, that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address your complaint, improve our policies, improve consumer information regarding copyright content issues generally, or comply with our legal obligations. We will not use your complaint for any other purposes.

If you have other questions, please visit our Terms.

1. What is the Digital Millennium Copyright Act?

Title II of the Digital Millennium Copyright Act (“DMCA”) is the law controlling U.S. liability of online service providers for copyright infringement. It provides instructions on reporting infringement and how to appeal removal of posted materials or User Content.

2. What should you do if you believe your copyrighted material has been infringed?

If you own or control copyrighted material that you believe a Person has posted using our Services in an Internet location over which we have control (our “Network”) without proper authorization, send us a Takedown Request including all information required by this Policy by email to steve@CatchFireMarketing.com or by mail.

Since we review Takedown Requests in the order received, please do not submit multiple requests, as this may delay our review of your complaint.

Disclaimer: If you are not certain whether a particular use is an infringement or a violation of your rights, consult with your own legal counsel. We cannot provide any legal advice to you. Also, filing a Takedown Request is a legal process. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages we incur as the result of us relying upon such misrepresentation (including legal costs and attorneys’ fees). If you make false claims, your actions may result in the suspension or termination of your account with us and any agreement you have with us, as well as the type of liability referred to above.

3. What information is required in a Takedown Request?

In order for us to process your Takedown Request, please provide us all of the information below by email to steve@CatchFireMarketing.com or by mail:

☐   Your, or your authorized agent’s, physical or electronic signature as the copyright owner;

☐   Identification of the copyrighted work(s) claimed to have been infringed or, if multiple works are infringed, identification of a representative list of such works, including a link to the original work if available;

☐   Identification and location of the infringing material on our Network;

☐   Your contact information, including name, physical and email address(es), and telephone number(s);

☐   A statement that you have a good faith belief that the use of the material in the manner asserted is not authorized by you, as the copyright owner, your agent, or the law; and

☐   A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner (if filed by an agent).

We require all of the above information. If you send us incomplete information, we will not be able to process your request. We will return your request, indicating what information is missing by checking one or more of the boxes as detailed above.

4. What happens after you file a Takedown Request?

Once we receive your Takedown Request, we will confirm with you our receipt either through email or physical mail. We will then review the Takedown Request to make sure it contains all the necessary information and that it is a bona fide or genuine notice of infringement. If we determine that your Takedown Request is indeed bona fide or genuine, we may decide either to remove or restrict access to the complained of material. We will also notify the relevant alleged infringer (to the extent we are able) and provide such Person with a copy of your Takedown Request with instructions on how to file a Counter Notice.

We may also forward a copy of your Takedown Request to the website, Lumen Database, where the request will be publicly viewable with Personal Data removed, pseudonymized, or anonymized.

5. What if you receive a notice of a Takedown Request?

If we have removed or restricted access to your User Content as a result of a Takedown Request, we will take reasonable efforts to notify you at the email or mailing address you have provided to us and to provide you with a copy of the Takedown Request.

If you believe that the User Content removed, disabled, or restricted is not infringing, or if you believe that you have the right to post and use the material, such as through a license granted to you, you can contest the removal, disabling, or restriction of that content by filing a Counter Notice with us. Also, if you believe an error was made in the Takedown Request, you can always contact the person who made the Takedown Request.

Disclaimer: If you are not certain whether your use of copyrighted content is permissible, consult with your own legal counsel. We cannot provide any legal advice to you. Also, filing a Counter Notice is a legal process. Make sure you have the appropriate rights before filing a Counter Notice. If you knowingly misrepresent in your notification that the material or activity is permissible, you may be liable for any damages we incur as the result of our relying upon such misrepresentation (including legal costs and attorney’s fees). If you make false claims, your actions may result in the suspension or even termination of your account with us, as well as the type of liability referred to above.

6. What information is required in a Counter Notice?

In order for us to process a Counter Notice, please reply to our original Takedown Notice email or mailed letter and provide us with all of the information below. If you are emailing us, please include all information requested herein in the body of your email. We do not open any email attachments.

☐   Your, or your authorized agent’s, physical or electronic signature;

☐   Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

☐   A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

☐   Your contact information, including name, physical and email addresses, and telephone number(s), and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or for non-U.S. addresses, in any judicial district in which Catch Fire may be found; and that you will accept service of process from the person who provided the Takedown Request or from an agent of such person.

We require all of the above information. If you send us incomplete information, we will not be able to process your Counter Notice. If your Counter Notice is incomplete, we will make reasonable efforts to inform you what information is missing by checking one or more of the boxes as detailed above.

7. What happens after we receive a Counter Notice?

Once we receive a Counter Notice, we will promptly forward a copy of the Counter Notice to the Person (“Complainant”) who filed the original Takedown Request, informing that Complainant that we will replace the removed material or cease disabling or restricting access to it in ten (10) to fourteen (14) business days from the receipt of the Counter Notice unless we receive notification that Complainant has filed an action seeking a court order to restrain the recipient of the Takedown Notice from engaging in infringing activity relating to the material on our Network. If we are not notified by the Complainant in the manner described above, then we may decide, in our sole discretion, to replace the User Content complained of or restore access to it.

8. How do you withdraw a copyright Takedown Request?

If you wish to withdraw a Takedown Request, please contact us by email at steve@CatchFireMarketing.com or by mail and include all of the following:

☐   Refer to the original Takedown Request;

☐   Use the same email or mailing address as your original Takedown Request;

☐   Include the date you sent the Takedown Request to us, the date of our reply, if any, and the date of any Counter Notice;

☐   Include the statement: “By this request, I hereby withdraw my claim of copyright infringement”; and

☐   Include your electronic signature, a physical signature, or a signature by your authorized agent.

Any emailed request to withdraw a Takedown Request that is not submitted from the same email address as the original Takedown Request will not be processed.

9. Repeat infringers and copyright content identification

We have a right to terminate access to our Services by repeat copyright infringers. After three (3) Takedown Requests for which no Counter Notice is successful, you may be terminated and permanently barred from holding future accounts with us and our Affiliates, if any.

We will reasonably accommodate, and not interfere with, industry-standard technical measures used by copyright owners to identify or protect copyrighted works or other Intellectual Property.

10. How do you contact us?

For DMCA issues only, you can contact us via email or mail as detailed below:

Email:             steve@CatchFireMarketing.com

Address:          Attn: DMCA Agent for Catch Fire Marketing, LLC

6888 S. Clinton St., Suite 101

Greenwood Village, Colorado 80112

For all other issues, you can contact us via email or mail as detailed below:

Email:              service@CatchFireMarketing.com

Address:         

                          Catch Fire Marketing

                          6888 S. Clinton St., Suite 101

                          Greenwood Village, Colorado 80112

11. Definitions

“Affiliate” means, for so long as one of the following relationships is maintained: (i) any business entity owned by, owning, or under common ownership with or by another Person, (ii) to the extent of more than fifty percent (50%) of the equity (or such lesser percentage that is the maximum allowed to be owned by a foreign corporation in a particular jurisdiction) has the power to vote on or direct the affairs of the entity, or (iii) any Person actually controlled by, controlling, or under common control with another.

“Complainant” has the meaning set forth in Section 7 herein.

“Intellectual Property” has the meaning generally and most broadly understood and includes, by way of example and not limitation, (i) all designs, plans, specifications, processes, techniques, technology, drawings, strategies, methodologies, presentations, prototypes, computer programs, models, marketing plans, and inventions, any of which may or may not be represented by patent applications, patents, trademarks, copyrights, moral rights, and trade dress, whether or not registered or registrable, and including all rights to related applications and registrations and all related goodwill and business going concern; (ii) confidential and/or proprietary information, trade secrets (defined by Colorado and U.S. Federal law, whichever is broader), ideas, concepts, and know-how; and (iii) publicity rights and privacy rights, all of the above (i), (ii) and (iii) in any form or format.

“Network” has the meaning set forth in Section 2 herein.

“Person” means a human individual and/or a business entity as is applicable.

“Personal Data” is defined differently depending where you reside. If you reside in the United States, to the extent appropriate under applicable Laws, Colorado law controls, except as superseded by U.S. Federal law. In the event you are located in the European Union/European Economic Area (“EU/EEA”), Personal Data will be defined by the applicable laws where you reside, however, these laws shall not over-ride the subject-matter and personal Jurisdiction of Colorado, U.S.A. as defined herein.

“Services” means any and all offerings from us to you, including without limitation, our websites, information on our websites, downloadable products, merchandise, surveys, contests, and any other products or services we may offer or provide at any time.

“User Content” means any information or material owned by you or over which you have control and provided to us in any form or format and by any means now known or hereafter developed, and may include, by way of example only and not limitation, Personal Data, multi-media material, audio files, photographic stills, videos, drawings, artwork, literary works, linked content, surveys, and contest submissions.

All terms defined in the singular shall have the same meaning in the plural form.

12. In the event of a dispute regarding our website, this policy, or any issues or claims you may have with Catch Fire Marketing, LLC, the laws of Colorado shall apply except to the extent such laws are superseded by U.S. Federal law (e.g., for copyright issues). You agree that any legal or equitable proceeding wherein Catch Fire is a party will only be brought in the U.S. District Court of Colorado or the Colorado court closest to our principal place of business. You agree to accept both the subject matter and personal jurisdiction of such courts and will abide by any Orders issued thereby.