Terms of Service

Superior Trends provides services to businesses located in the United States.

Our services are not intended for purchases made primarily for personal, family or household use.

By purchasing services or entering into an agreement with Superior Trends on behalf of a company or other organization, you represent that you have authority to bind that business.

The information on our website describes our services and general approach to direct mail.

Website content is not legal, accounting, tax or financial advice and should not be relied upon as a guarantee of marketing performance.

Specific client engagements may be governed by an order form, proposal, statement of work or Client Services Agreement.

Those documents may contain additional terms concerning scope, pricing, deliverables, approvals, payment, customer data and other project requirements.

If an executed client agreement conflicts with these general Terms, the executed client agreement will control for that engagement.

Our Local Business Direct Mail program is offered on a month-to-month basis at $999 per month unless a different amount is stated in the applicable agreement. The monthly service fee covers Superior Trends' services only. Printing, postage, and other third-party production expenses are separate and are approved and paid by the client before a campaign goes into production.

The subscription automatically renews each month until cancelled. You may cancel at any time before your next billing date to prevent the next monthly service charge. Monthly service fees are non-refundable, and additional cancellation and refund terms appear in our Refund & Cancellation Policy, which is incorporated into these Terms by reference.

Ecommerce Revenue Recovery engagements are project-based and are subject to an agreed project scope and signed agreement.

Unless otherwise agreed, the project fee is due in full before Superior Trends begins work.

Printing, postage, data services and other third-party expenses may be billed separately.

Refund and cancellation terms for ecommerce projects are described in our Refund & Cancellation Policy, which is incorporated into these Terms by reference, and in the applicable signed project agreement.

Printing, postage and similar production expenses may need to be funded before a mailing is submitted for production.

Once Superior Trends has committed funds to a printer, mailing provider, postal provider or other third party, those amounts are generally nonrefundable.

Clients are responsible for providing accurate and timely information required for their campaigns.

The client is responsible for reviewing and approving applicable campaign elements before production, including:

• mailing audience and quantity;
• customer data;
• offer details;
• prices and discounts;
• expiration dates;
• legal disclosures;
• factual and advertising claims;
• trademarks and copyrighted material; and
• final copy and creative.

Superior Trends may rely on the client's approval when proceeding with production.

A client represents that it has the lawful authority to provide or authorize the processing of customer data used for its campaign.

The client must not knowingly provide Superior Trends with unnecessary sensitive information, including Social Security numbers, passwords, full payment-card numbers, banking credentials, protected medical information or similar data unless Superior Trends has expressly agreed in writing to process it.

Superior Trends may use service providers to perform address processing, address append, printing, mailing and other functions required to complete the campaign.

Where available, a privacy-sensitive client may be permitted to upload customer data directly to an approved third-party platform.

The client represents that it has the necessary rights and permissions to use all logos, trademarks, photographs, product images, copy, customer information, promotions and other materials it provides to Superior Trends.

The client is responsible for the legality and accuracy of its products, services, promotions and claims.

Superior Trends retains ownership of its pre-existing processes, templates, systems, methods, know-how and other intellectual property.

Ownership and usage rights for custom campaign creative produced for a client may be addressed in the applicable Client Services Agreement or project agreement.

The Superior Trends website, branding, text, graphics and other proprietary site content may not be copied or commercially exploited without permission.

Superior Trends does not guarantee any particular:

• response rate;
• number of leads;
• number of customers;
• sales volume;
• revenue;
• profit; or
• return on investment.

Marketing performance depends on factors outside our control.

See our Results Disclaimer for additional information.

Superior Trends may rely on third-party platforms and providers for payment processing, address preparation, data services, printing, mailing, postal delivery, hosting and other functions.

Superior Trends is not responsible for interruptions, errors, delays or failures caused solely by third parties outside our reasonable control.

Mailing dates and estimated delivery windows are not guarantees of delivery on a particular date.

Postal delays, returned mail, incomplete change-of-address information and other circumstances may affect delivery.

You may not use our website or services to violate applicable law, infringe third-party rights, distribute fraudulent or deceptive material, misuse personal information, interfere with our systems or engage in unlawful or abusive conduct.

To the extent permitted by law, our website and services are provided without warranties not expressly stated in a signed agreement.

We do not warrant that every campaign, website function, third-party system or postal delivery will be uninterrupted, error-free or successful.

To the maximum extent permitted by applicable law, Superior Trends will not be liable for indirect, incidental, special, consequential or punitive damages arising from the website or services, including lost profits or lost business opportunities.

Any additional limitations applicable to a paid client engagement may be stated in the Client Services Agreement.

Nothing in these Terms is intended to exclude liability that cannot lawfully be excluded.

Superior Trends may decline, suspend or terminate services where a client fails to make required payments, fails to provide necessary information or approvals, requests unlawful activity, misuses customer information or materially violates an agreement.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles.

Unless a separate written agreement specifies otherwise, disputes relating to these Terms will be brought in an appropriate state or federal court located in San Diego County, California.

We may modify these Terms from time to time.

The version posted on our website with the current effective date will govern future website use and new transactions, subject to any separately executed agreement.