Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. USE OF THIS WEBSITE SIGNIFIES THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS WEBSITE.

Yapabook, LLC may change these terms and conditions at anytime and such changes will be effective immediately upon posting. You should check these terms and conditions periodically because your continued use of the website will be deemed acceptance of any modified terms and conditions. If you do not agree to the modified terms and conditions, you should discontinue use of the website.

This website is owned by Yapabook, LLC. The entire contents of this website are copyrighted under the United States copyright laws. You may not copy, reproduce, transmit, distribute, republish, upload, post, sell or make changes to any information or materials on the website without the prior written consent of Yapabook, LLC. Except that you may use the functions, print or download information on this website solely for your personal non-commercial use, provided you keep intact all copyright, trademark, service mark and other proprietary notices and you may print, share or download the offers provided on this website as you wish. Modification or use of this website for any other purpose violates the Yapabook, LLC intellectual property rights.

From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information or service. The links do not signify that we endorse the websites. We have no responsibility for the content or services of the linked websites.

We seek to keep the content of this website reliable and accurate, but we provide this website only on an “as is” and “as available” basis. You acknowledge that the content of this website may contain inaccuracies or errors and that you use of any of the content of this website is entirely at your own risk. It shall be you own responsibility to ensure that any content of this website meets your specific requirements.

Please read our privacy statement for a description of our privacy policies and practices. Our privacy policies and practices are incorporated into and part of these terms of use. By using this website, you agree that; (1) you shall not, intentionally or unintentionally, use any of the content or services on this website in violation of any applicable law or rule having the force of law; (2) you shall not use this website in any way that could or does: (a) harm or impair, or (b) monitor or extract information about usage or users from any of our computer systems, including, but not limited to, the servers, networks and other components connected to or used for this website; (3) you shall not interfere with any other person’s use and enjoyment of this website, or any content, information or services provided by this website; (4) except as expressly permitted by these terms, you shall not reproduce, duplicate, copy, download, sell, resell or otherwise exploit this website, or any portion hereof, for the commercial purposes without our prior written consent; (5) you shall not link this website to any other site without the express written permission of Yapabook, LLC; (6) except as expressly permitted by these terms, you shall not make any use of any of the trademarks, trade names or graphics on this website.

Neither we nor any third parties make any warranty, express or implied; (1) that the provision of this website will be uninterrupted or error-free; (2) that defects will be corrected; (3) as to the accuracy, timeliness, performance, completeness or suitability of the content found or services offered on this website for any particular purpose. To the fullest extent permitted by law, we expressly; (1) disclaim all warranties, including, but not limited to, warranties of title, non-infringement, merchantability and fitness for a particular purpose; (2) exclude liability for any damages of any kind arising from you use of, or inability to use this website, including, but not limited to, direct, indirect, special, incidental, consequential and punitive damages, even if we have been advised of the possibility of such damages.

Your use of this website and any dispute arising out of such use of the website are subject to the laws of the State of Florida (without regard to the rules governing conflicts or choice laws). Your unauthorized use of this website may give rise to our claim for damages and/or may be a criminal offense.

You agree to indemnify, defend and hold us and our officers, directors, members, employees, affiliates, agents, licensors and suppliers harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of these terms by you. You as the end user are solely responsible for the interactions with featured merchants and other users of the site. You hereby represent and warrant that you own or have the properly licensed all the necessary rights to use the image(s) being reproduced on your mailing. You acknowledge and understand that copyrighted materials, per US Copyright law do not have to bear a copyright notice to be protected by such laws. You acknowledge and understand that any and all claims against you for any and all written material on your direct mail item that was provided by you, you will take full responsibility for its content and represent it to be true. 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 Yapabook, LLC. Please do no send any one-of-a-kind 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 artwork. The liability of Yapabook, LLC, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, about any order placed by a customer shall not be greater than the total amount of fees payable by customer to Yapabook, LLC for its products and services. In no event will Yapabook, LLC be liable for any special, incidental, or consequential damages or compensation, reimbursements or damages on account of the loss of percent or prospective profits, expenditures, investments, or commitments, whether made in the establishment, development or maintenance of business reputation for goodwill or for any reason whatsoever. You agree that any claim or lawsuit relating to the Agreement must be filed within thirty days of the alleged breach by Yapabook, LLC. You hereby waive any Federal or State Statute or Limitations to the contrary. This defense and indemnification obligation will survive these terms of service and your use of Yapabook, LLC and Yapabook.com.

The offer card you acquire through Yapabook, LLC (“Yapabook”) is redeemable for goods or services which may be offered by the seller of such goods and services, the (“Merchant”). The Merchant, not Yapabook™, is the seller of the goods and services and is solely responsible for redeeming any offer card you acquire, as well as, collecting additional taxes or fees associated with the transaction.

There are some items you need to understand about the use of the Offer Cards; (1) offers are expressly offered by the merchants and as a result, unless otherwise specified, they cannot be combined with other offers and/or discounts and may expire after a certain date; (2) if not redeemed on your initial visit the offer card cannot be converted or exchanged for cash unless specified by the Merchant; (3) the end user is responsible for paying sales tax, tip or shipping and handling if applicable and any other fees tied to the offer card; (4) redemption of the offer card for alcohol if applicable is at the discretion of the Merchant and is subject to the state laws governing the Merchant; (5) reproduction, re-sale or trade of the offer card is prohibited; (6) the voucher expires on the date specified on the offer card, except that the Merchant may continue to redeem the unused offer card at their discretion; (7) Neither Yapabook™, nor the Merchant is responsible or liable for expired offer cards; (8) as the Merchant is the redeemer of the offer cards and all goods and services, all offer cards are subject to the terms and conditions of the Merchant.

Yapabook, LLC cannot guarantee the results of your advertising campaign under any circumstances. This supersedes and oral or written guarantee make by any representative of Yapabook, LLC, its employees, vendors, affiliates, or affiliate offices, contractors or subsidiaries.

The fees for Yapabook, LLC products and services, which include the cost of designing, processing, printing, mailing, and any other charges applicable, are due and payable in full together with the submission of the signed order. All initial and sequential orders/mailings will be required to be paid in full prior to mailing or deployment. Payment is preferably by Check or ACH, but will accept credit card with the understanding that you the customer will pay the credit card processing fee of 2.9%, which be added to the invoice. Once order contract is signed by customer, it is non-cancellable and customer is required to pay in-full due to limited space in the booklet.

You are fully responsible for the accuracy of. your layout and design. Please proof all layouts and design carefully before giving us final approval. All offer cards in the booklet will have Yapabook, LLC on the back of them, as well as, the basic disclaimer information, your website or social URL, and a QR code that will forward to your destination of choice. Yapabook, LLC, reserves the right to refuse to print any material that they determine, in its sole discretion, is immoral, illegal, or inappropriate for any reason for distribution in the United States. If your material is deemed unacceptable , you will be notified promptly and permitted to change the content or layout to acceptable requirements.

Ad design done by Yapabook, LLC is the property of and belongs to Yapabook, LLC unless the complete ad design is provided by the customer. However, in the event ad design is completely done by the customer, customer grants Yapabook, LLC rights of usage at its discretion without any limitations whatsoever. Yapabook, LLC included 1-revision included in the initial design fee of $75.00 and all other revisions shall be at $25.00 each. Should customer want a complete redesign, a $75.00 fee shall be charged. There is an additional $75.00 charge to customer to purchase Yapabook, LLC created artwork/ad for personal use.

Printed matter may be placed on the printing press with other jobs or what we call "gang printing" in some circumstances. Yapabook LLC will produce color from submitted transparencies, slides, photos, logos, or from digital layouts as closely and accurately as possible. Sometimes the exact color match and density is not possible because of the limitations in the printing process, as well as, image ink requirements. The accuracy of each color reproduction is usually to be within a minimum of 80-90% or the original image you submit. Yapabook, LLC cannot accept responsibility for color variations between submitted images and the actual artwork or product they represent. You should also note that your computer monitor's calibration affects the colors displayed on your monitor's screen. The colors on the printed cards my differ from what you see displayed when viewing your layout/design via the Yapbook, LLC final approval process.

With regards to mailing services and mail delivery, Yapabook, LLC via its printer is limited to preparing your mailing and completing delivery to the US Postal Service. Yapabook, LLC will not be liable for USPS performance failures or delivery delays. We accept no responsibility for any additional services performed outside of Yapabook, LLC not limited to ink jetting, binary or mail delivery services. Additionally, in no case will Yapabook, LLC be liable for special, incidental, or consequential damages of any kind.

Customer fully acknowledges and understands that Yapabook, LLC uses proprietary metrics to determine the mailing zip codes and mailing routes used in mailing out the booklet. Customer understands that these metrics can be changed at Yapabook, LLC's discretion at any time without notice to the customer prior to a mailing. Additionally, customer acknowledges and understands that the mailing routes could change on occasion to touch more potential consumers to offer the advertising a better chance of increased success.

By placing an order with Yapabook, LLC, you: (1) represent and warrant that you have all the necessary permission, right and authority to place an order with Yapabook, LLC and (2) are authorizing Yapabook, LLC to print such order on your behalf. Any images/graphics, text or other materials supplied to Yapabook, LLC by the customer will remain sole property of the customer and the copyright there-under has not been assigned or transferred in any way to Yapabook, LLC. However, any additional materials created by Yapabook, LLC in the production of an order, (including but not limited to: typeset, design, layouts, color scans, fonts, high resolution digital files, etc.) are and shall remain the sole property of Yapabook, LLC. Digital files of a Yapabook, LLC assemble layout can be obtained upon customer's written request and by payment of the applicable fee for such files. These materials will not be sold or traded to any other party. Yapabook, LLC reserves the right to reprint and distribute your finished cards as examples for promotional purposes. Customer gives permission for Yapabook, LLC to use finished cards/design to be used on any and all social media sites, websites, affiliate websites, catalogs, emails, and other marketing mediums at anytime at Yapabook, LLC's discretion.

Yapabook, LLC may change or discontinue this website or any of the services at any time without prior notice. We reserve the right to terminate agreement at our election and for any reason, without prior notice, and this agreement will automatically terminate in the event that you violate any of the terms and conditions. Any offer card issued prior to termination shall be honored at the discretion of the Merchant and you completely release Yapabook, LLC from any and all liability.

Yapabook reserves the right, at its sole discretion, to modify change or replace any of these Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. If you do not agree to any changes, if and when such changes may be made to the Terms of Use, you must cease use of the website and services. Your use of the website and services after any modifications to the Terms of Use indicates that you agree to such modification of the Terms of Use.

Yapabook, LLC/Yapabook.com may, in its sole discretion, terminate your ability to use Yapabook.com at anytime.

Yapabook, LLC/Yapabook.com has the right to add additional trademarks and service marks to identify its products and services anytime. Other trademarks, service marks and trade names that may be used on this website to identify the products and services of other companies are the property of their respective owners. Yapabook, LLC makes no claims to these trademarks, service marks or trade names.

These Terms of Use, together with the Yapabook.com Privacy Policy and other legal notices published by Yapabook, LLC/Yapabook.com, shall constitute the entire agreement between you and Yapabook, LLC. If you do not agree to these Terms & Conditions of Use, do not use any portion of the site or Yapabook, LLC itself to do business or place orders with any of its representatives, affiliate offices or otherwise.

Any changes to this of this Terms of Use or Privacy Policy shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Yapabook, LLC.