Local Giant Business Mailer Terms

+ Agreement

Effective Date: 01.02.25

These Terms of Service ("Agreement") govern the relationship between ChinoSellsStuff / Interakt Labs ("Company," "We," "Us," "Our") and any business, individual, or entity ("Client," "You," "Your") that purchases advertising or listing services in our Local Giant Business Mailer ("Mailer"). By submitting payment and/or approving design content, you acknowledge that you have read, understood, and agreed to these terms.

+ 1. Payment & Refund Policy

1.1. All payments are non-refundable. Due to the digital and final nature of the end product, once a payment is made, no refunds, credits, or chargebacks will be issued for any reason, including but not limited to dissatisfaction, business closure, or non-performance on the part of the Client. Once the Mailer is finalized and sent for printing and distribution, certain factors such as delivery, audience engagement, and response rates are beyond Our control, and as such, We cannot offer refunds based on performance, business closure, or dissatisfaction.
1.2. Satisfaction Guarantee: We are committed to delivering high-quality work. If you are not 100% satisfied with your advertisement before it is printed and mailed, we will make it right at no additional cost. For full details, see Section 7: Satisfaction Guarantee.
1.3. Payment Deadline: Full payment must be received no later than the 22nd of each month to secure placement in the upcoming Mailer. Failure to meet this deadline may result in exclusion from the Mailer without notice, and We bear no liability for any consequences arising from such exclusion.
1.4. Failure to make timely payment may result in the Client’s spot being forfeited to another paying business. We are not responsible for reserving space or accommodating late payments.

+ 2. Design Approval & Content Responsibility

2.1. The Client is fully responsible for providing accurate and final content, including text, images, logos, and any other necessary materials.
2.2. Design Approval Deadline: The Client must approve the final proof of their advertisement no later than the 22nd of each month. If no approval is received by this deadline, We reserve the right to: Publish the last approved version of the advertisement (if applicable), or Exclude the Client from the Mailer without a refund.
2.3. Once the Client approves the final proof, no further changes, edits, or modifications can be made. This applies whether or not the Mailer has already been printed, mailed, or distributed.
2.4. The Client acknowledges that We are not responsible for errors, omissions, or inaccuracies in the provided content, including misspellings, incorrect contact information, or outdated business details.

+ 3. Distribution & Delivery

3.1. We make no guarantees regarding response rates, customer engagement, or business results from the Mailer.
3.2. We will make commercially reasonable efforts to ensure timely mailing and distribution. However, We are not liable for delays, delivery issues, or non-receipt caused by third-party mailing services, postal service disruptions, or acts of nature.
3.3. The Client agrees that once the Mailer has been sent for printing or distribution, We have fulfilled Our obligation and are not responsible for any subsequent issues related to delivery or effectiveness.

+ 4. Liability & Indemnification

4.1. We assume no liability for any losses, damages, or claims arising from the Client’s advertisement, including but not limited to misrepresentation, false advertising, or intellectual property infringement.
4.2. The Client represents and warrants that they have the legal right to use all images, logos, text, and other materials submitted for the advertisement. The Client agrees to indemnify, defend, and hold harmless the Company from any claims, damages, or legal fees resulting from the use of such materials.
4.3. We reserve the right to reject, refuse, or remove any advertisement at Our sole discretion if it is deemed inappropriate, offensive, misleading, or in violation of any laws or ethical standards. No refunds will be issued in such cases.
4.4. The Client agrees that the Company is not responsible for any misprints, color variations, or layout discrepancies that may occur in the final print version of the Mailer. While reasonable efforts will be made to ensure accuracy, slight variations may occur due to printing and production processes.

+ 5. Limitation of Liability

5.1. Under no circumstances shall We be liable for any indirect, incidental, special, consequential, or punitive damages related to the Mailer, including lost profits, business interruptions, or reputational harm.
5.2. In any event, Our total liability shall not exceed the amount paid by the Client for the specific advertising placement in question.

+ 6. Disputes & Governing Law

6.1. Any disputes arising under these terms shall be governed by the laws of Tennessee without regard to conflict of law principles.
6.2. Any legal action must be brought exclusively in the courts of Nashville, Tennessee, and the Client agrees to submit to the jurisdiction of such courts.
6.3. The Client agrees that all disputes shall be resolved on an individual basis and waives any right to participate in class-action lawsuits.

+ 7. Satisfaction Guarantee

7.1. We stand by the quality of Our work and offer a 100% Satisfaction Guarantee. If You are not completely satisfied with Your advertisement before it is approved by You, sent to print, printed and mailed, We will make reasonable revisions at no additional cost to ensure Your satisfaction.
7.2. If You remain dissatisfied after revisions, We will provide one additional month of advertising in the Mailer at no cost. This additional placement is non-transferable, holds no cash value, and must be used in the next available Mailer cycle.
7.3. This guarantee applies only before final design approval and does not extend to factors beyond Our control, including but not limited to mailing, delivery, audience response, or business outcomes.

+ 8. General Provisions

8.1. This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, written or oral.
8.2. We reserve the right to update these Terms of Service at any time. The latest version will always be available on Our website or provided upon request.
8.3. The Client acknowledges that failure to read or understand this Agreement does not exempt them from its terms.

By submitting payment, providing content, or approving a design, you agree to abide by these Terms of Service.

Terms of Service for Interaktlabs.com

+ TERMS

Welcome to Chino's Digital Marketplace with Interakt Labs at interaktlabs.com. These terms of use govern your access to and use of our website and services. By accessing or using our website and services, you agree to be bound by these terms of use and our privacy policy. If you do not agree to these terms of use, please do not access or use our website and services.

+ LICENSE TO USE OUR WEBSITE AND SERVICES

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our website and services for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from our website and services without our prior written consent.

+ INTELLECTUAL PROPERTY RIGHTS

We own or have the right to use all the intellectual property rights in our website and services, including but not limited to the content, design, layout, graphics, logos, trademarks, trade names, domain names, and software. You acknowledge and agree that you do not acquire any ownership or other rights in our intellectual property rights by accessing or using our website and services.

+ USER CONTENT

You may be able to upload, post, submit, or otherwise make available certain content on our website or through our services, such as comments, reviews, feedback, suggestions, or other materials (collectively, “User Content”). You are solely responsible for the User Content that you upload, post, submit, or otherwise make available on our website or through our services. You represent and warrant that you have the right to upload, post, submit, or otherwise make available the User Content on our website or through our services and that the User Content does not violate any applicable laws or infringe any third party rights.

By uploading, posting, submitting, or otherwise making available the User Content on our website or through our services, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display the User Content in any media format and through any media channels for any purpose related to our website and services. You also waive any moral rights that you may have in the User Content.

We reserve the right to review, edit, remove, or refuse any User Content at our sole discretion for any reason without notice. We do not endorse, guarantee, or assume any responsibility for the accuracy, completeness, or reliability of any User Content.

+ PROHIBITED ACTIVITIES

You agree not to engage in any of the following prohibited activities when accessing or using our website and services:

• Violating any applicable laws or regulations
• Infringing or violating any intellectual property rights or other rights of us or any third party
• Impersonating any person or entity or misrepresenting your affiliation with any person or entity
• Transmitting any viruses, worms, Trojans, or other malicious code that may damage or interfere with our website and services
• Attempting to gain unauthorized access to our website and services or any accounts, systems, or networks connected to our website and services
• Using any automated means, such as bots, scrapers, spiders, or crawlers, to access or collect data from our website and services
• Copying, reproducing, distributing, selling, reselling, or exploiting any part of our website and services for any commercial purpose without our prior written consent
• Interfering with or disrupting the operation of our website and services or the servers or networks that host them
• Harassing, threatening, abusing, defaming, slandering, libeling, or otherwise violating the rights of us or any other user or third party
• Posting or transmitting any obscene, indecent, pornographic, hateful, racist, sexist, discriminatory, offensive, or unlawful content
• Soliciting personal information from minors or harming minors in any way
• Engaging in any other conduct that we deem inappropriate or unacceptable in our sole discretion.

We reserve the right to terminate your access to and use of our website and services if you violate any of these prohibited activities.

+ DISCLAIMER OF WARRANTIES

Our website and services are provided on an “as is” and “as available” basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or accuracy. We do not warrant that our website and services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that the results that may be obtained from the use of our website and services will be accurate or reliable. You assume the entire risk of using our website and services and any products or services obtained through our website and services.

+ LIMITATION OF LIABILITY

To the fullest extent permitted by law, we and our affiliates, directors, officers, employees, agents, licensors, and partners will not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or in connection with your access to or use of our website and services or any products or services obtained through our website and services, whether based on contract, tort, negligence, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions or limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

+ INDEMNIFICATION

You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, agents, licensors, and partners from and against any and all claims, demands, actions, liabilities, losses, costs, and expenses (including reasonable attorney fees) arising out of or in connection with your access to or use of our website and services or any products or services obtained through our website and services, your violation of these terms of use or any applicable laws or regulations, your infringement or violation of any intellectual property rights or other rights of us or any third party, or your User Content.

+ CONTACT US

If you have any questions or comments about these terms of use or our website and services, please contact us at support@interaktlabs.com.

Copyright Agreement

+ AGREEMENT

By purchasing you are legally bound to the following terms: Our designs are copyrighted © ChinoSellsStuff and Interakt Labs.

You may NOT resell the design/product or claim the design/product as your own.

ChinoSellsStuff and Interakt Labs owns the property rights to all designs, graphics and design files included in your product. You are prohibited from sharing the product or any design elements we provide with additional users.

Consumers are prohibited from claiming our products as their own and promoting them as original work.

Images used in marketing are not for sale and will not be part of your end product. All images provided for marketing are copyrighted and protected.

Additional descriptions and definitions are copyright © ChinoSellsStuff and Interakt Labs. Marketing images displayed on interaktlabs.com are copyright © their respective creators, unless otherwise noted.