Terms of Use and Service

1. Acceptance of terms

These Terms of Use and Service govern access to and use of Plavidian's websites, Job Control Center, Mailing Intelligence Center, ordering systems, list-count systems, data-distribution interfaces, print and mail services, proofs, reports, downloadable materials, and related services.

By accessing the website, creating an account, requesting a count or estimate, submitting an order, uploading a file, approving a proof, licensing data, or otherwise using the services, you agree to these terms.

If you use the services on behalf of a business, campaign, committee, nonprofit organization, public agency, consultant, broker, or other entity, you represent that you have authority to bind that entity to these terms.

Additional written estimates, order terms, data-license terms, statements of work, service-provider agreements, postage terms, or other contracts may apply. If an additional written agreement conflicts with these terms, the more specific written agreement controls for the subject matter it addresses.

2. Plavidian's services

Plavidian provides services that may include: commercial, political, nonprofit, governmental, and congressional print and mail; list processing, normalization, CASS processing, NCOA processing, deduplication, householding, suppression, segmentation, and postal preparation; variable-data printing and mailpiece production; proofs, production reporting, camera verification, piece tracking, and postal documentation; geographic, demographic, targeting, and list-analysis services; access to marketing-list counts and data products made available by independent data providers; customer ordering, proofing, reporting, billing, and project-management tools; and educational postal tools, calculators, articles, guides, and reference materials.

The particular services included in an order are limited to those stated in the accepted estimate, order confirmation, statement of work, or other written agreement.

3. Independent data providers

Plavidian may provide an ordering, access, fulfillment, or distribution platform through which independent data companies, list owners, data compilers, and data licensors make marketing-list products available to customers. Unless Plavidian expressly states otherwise in writing:

• the applicable data provider, not Plavidian, compiles and maintains the underlying marketing data;
• the data provider determines the available attributes, selection criteria, coverage, update cycle, permissible uses, and licensing restrictions;
• list counts may be retrieved directly from systems maintained by the data provider;
• the licensed records may be delivered by the data provider, through Plavidian, or through an integrated fulfillment process;
• ownership of the underlying data remains with the data provider or its licensors;
• the customer receives only the limited license stated in the applicable order and data-license terms; and
• Plavidian does not represent that it independently verified every fact, characteristic, inference, or source contained in a third-party data product.

Plavidian may process, format, suppress, merge, segment, or prepare licensed data for a customer's authorized mailing or marketing project. Such processing does not transfer ownership of the underlying data to the customer or to Plavidian.

Independent marketing-data providers

Plavidian provides data-processing, printing, mailing, and fulfillment services using marketing information licensed from independent third-party data providers. The applicable data provider compiles and maintains the underlying marketing database and determines the available attributes, selection criteria, licensing conditions, permitted uses, and source-data privacy practices. Plavidian is not the original compiler or owner of that database.

Preliminary counts may be retrieved from systems maintained by independent data providers. After a customer selects and licenses data for an authorized project, Plavidian may receive and temporarily process the selected records to provide services such as address standardization, NCOA processing, deduplication, householding, suppression, segmentation, formatting, printing, addressing, mailing, reporting, and quality control.

Plavidian uses provider-supplied data only for the authorized customer project and does not independently resell, sublicense, publish, or use the records for unrelated marketing, profiling, or cross-context behavioral advertising. Ownership of the underlying data remains with the independent data provider or its licensors. The customer receives only the limited rights granted under the applicable order and data license.

Requests concerning the source, accuracy, correction, deletion, opt-out, or underlying compilation of a provider's database should ordinarily be directed to that provider. Plavidian may route or assist with such requests as required by applicable law and contract. Data licensed from independent third-party data providers remains subject to the applicable provider license and Plavidian's Third-Party Marketing Data License Terms.

4. Data accuracy and list counts

Marketing data, postal data, demographic information, voter information, consumer information, business information, geographic information, and predictive attributes may change over time and may be derived from multiple public, commercial, modeled, inferred, or licensed sources. Accordingly:

• preliminary counts are estimates and are not guarantees of final deliverable quantity;
• counts may change between the count date and order date;
• final record quantities may differ because of suppression, deduplication, address hygiene, availability, licensing restrictions, geographic validation, or provider updates;
• modeled or inferred characteristics are estimates and should not be treated as verified facts about a specific person;
• no list is guaranteed to identify every eligible person, household, business, voter, donor, member, resident, or delivery point;
• postal deliverability does not guarantee response, residency, eligibility, registration status, receipt, or conversion; and
• geographic labels, ZIP Codes, carrier routes, municipal boundaries, legislative boundaries, and service areas may not be interchangeable.

Plavidian will perform only the validation, enhancement, suppression, or geographic review expressly included in the order.

5. Permitted data uses

The customer may use licensed marketing data only: for the purpose stated in the applicable order; during the authorized license period; for the permitted number of uses; in compliance with the data provider's license; in compliance with applicable privacy, advertising, election, postal, consumer-protection, and industry-specific laws; and for lawful marketing, fundraising, political communication, public information, membership, customer communication, or other expressly authorized purposes.

Unless expressly authorized in writing, the customer may not: resell, sublicense, publish, transfer, or redistribute licensed data; use the data to determine eligibility for credit, insurance, employment, housing, health care, education, or another legally protected benefit or significant decision; use the data as a consumer report or for a purpose regulated by the Fair Credit Reporting Act; use the data for unlawful discrimination, harassment, surveillance, stalking, fraud, or identity theft; attempt to identify anonymous or pseudonymous individuals where prohibited; use sensitive information in a manner prohibited by law or the applicable license; retain single-use data after the authorized project is completed; combine data in a manner prohibited by the provider's license; or make representations that a modeled or inferred attribute is a verified fact.

6. Customer responsibilities

The customer is responsible for: having all rights, permissions, notices, consents, and lawful bases required for materials and data supplied to Plavidian; determining whether the customer is a "business," controller, covered entity, political committee, public agency, data broker, or other regulated entity; providing legally required notices and methods for exercising privacy rights; responding to consumer, voter, donor, member, employee, customer, or data-subject requests when legally required; honoring applicable opt-outs, suppression requests, deletion requests, and communication preferences; maintaining internal do-not-mail and suppression files; ensuring that mailing content, targeting criteria, and intended recipients comply with law; complying with campaign-finance, political-advertising, disclaimer, authorization, and reporting requirements; ensuring that a mailing is not deceptive, defamatory, infringing, threatening, discriminatory, or otherwise unlawful; reviewing and approving proofs, quantities, addresses, versions, indicia, postage classes, and project specifications; securely transmitting files and limiting access to authorized users; maintaining appropriate copies of all files supplied to Plavidian; and complying with all applicable third-party data licenses.

Plavidian does not act as the customer's attorney, privacy officer, campaign treasurer, compliance officer, records custodian, or consumer-request agent unless expressly agreed in writing.

7. Privacy requests relating to customer or provider data

When Plavidian processes personal information solely for a customer or independent data provider under a written agreement, the customer or data provider generally determines the purposes and means of that processing and remains responsible for receiving and deciding consumer requests relating to the underlying data.

A person seeking to exercise privacy rights concerning information contained in a customer's mailing list or an independent provider's data product should ordinarily contact the business, organization, campaign, agency, list owner, or data provider identified in the communication or associated privacy notice.

When Plavidian receives a request that relates to data controlled by a customer or provider, Plavidian may: direct the requester to the responsible customer or provider; forward the request to the responsible customer or provider; request information reasonably necessary to identify the relevant project or provider; preserve information where required by law or contract; and assist the responsible customer or provider as required by the applicable written agreement and law.

Nothing in these terms limits rights that a person may have directly against Plavidian for personal information Plavidian controls for its own purposes.

8. Customer data and service-provider processing

"Customer Data" means files, mailing lists, artwork, records, instructions, selections, and other information supplied by or on behalf of a customer for an order. To the extent Plavidian processes Customer Data as a service provider or contractor under applicable privacy law, Plavidian will: process the data only for the specific business purposes identified in the applicable agreement; not sell or share the Customer Data; not retain, use, or disclose the Customer Data outside the specified business purposes or direct business relationship, except as permitted by law; apply reasonable security measures appropriate to the nature of the data; notify the customer if Plavidian determines it can no longer meet applicable contractual privacy obligations; reasonably assist the customer with legally required consumer requests when the data is held by Plavidian and the request is properly communicated to Plavidian; permit reasonable measures required by law to verify compliant processing; and require applicable subcontractors to protect the data under written terms.

A separate Data Processing Addendum may be required for customers subject to the CCPA or other privacy laws.

9. Account registration and security

Users must provide accurate account information and keep it current. Users are responsible for: maintaining the confidentiality of passwords and access credentials; using unique, reasonably secure passwords; restricting account access to authorized personnel; promptly removing access for former employees, consultants, or vendors; notifying Plavidian of suspected unauthorized access; reviewing account activity and project instructions; and ensuring that users have authority to submit and approve work.

Plavidian may rely on instructions, approvals, uploads, and actions performed through an authenticated account unless Plavidian has received notice that the account is compromised.

10. Estimates, counts, and pricing

Unless expressly stated otherwise: estimates expire on the date shown; prices are based on the specifications and quantities then available; postage is estimated and subject to final USPS qualification and rates; taxes, postage, freight, list-license charges, address-processing fees, permits, and outside-vendor charges may be separate; changes in specifications, quantities, schedules, data condition, or customer instructions may change price; counts do not reserve data or pricing; data prices and availability may change before an order is accepted; and orders may require deposits, advance postage, or payment before production or release.

11. Proofs and customer approval

The customer must carefully review all proofs and project information, including text, names, dates, telephone numbers, URLs, QR codes, disclaimers, addresses, personalization, version logic, page order, color, dimensions, folds, perforations, indicia, postage class, mailing quantities, and targeting or segmentation instructions.

Approval authorizes production. Plavidian is not responsible for errors visible in an approved proof or errors contained in customer-supplied data, artwork, instructions, or selections. Electronic approval, approval through the Job Control Center, or written approval by an authorized contact is binding.

12. Production tolerances

Commercial printing, converting, bindery, inserting, and mailing processes are subject to reasonable industry tolerances. Unless a written agreement states otherwise: final quantities may vary from ordered quantities; colors may vary between screens, proofs, devices, paper stocks, production runs, and printing methods; cuts, folds, perforations, registration, and finishing may vary within reasonable production tolerances; spoilage and overs may occur; delivery and in-home dates are estimates unless expressly guaranteed in writing; and USPS acceptance does not guarantee delivery on a particular day.

13. Mailing and USPS matters

Plavidian may prepare mail in accordance with information available from USPS systems, software, manuals, rates, and acceptance personnel. The customer acknowledges that: USPS rules and rates may change; final postage depends on actual piece characteristics, address quality, preparation, entry point, and USPS acceptance; postal acceptance does not guarantee delivery; scans and tracking events may be delayed, incomplete, or unavailable; in-home dates are forecasts; forwarding, return, disposal, and undeliverable treatment depend on the mail class and endorsements selected; USPS may reclassify, reject, delay, or assess additional postage; and Plavidian does not control USPS transportation or final delivery.

14. Intellectual property

Plavidian retains ownership of its websites, software, Job Control Center, Mailing Intelligence Center, workflows, templates, calculators, reports and report formats, documentation, production methods, source code, trademarks, trade dress, proprietary processing logic, and other preexisting intellectual property.

The customer retains ownership of customer-supplied artwork and content, subject to third-party rights. The customer grants Plavidian a limited license to use customer materials as necessary to quote, process, produce, mail, deliver, archive, support, and document the customer's order. Third-party data remains subject to the applicable provider's ownership and license terms.

15. Prohibited conduct

Users may not: access the services unlawfully or without authorization; interfere with security or system operation; scrape, copy, reverse engineer, or systematically extract content or data except as expressly permitted; test system vulnerabilities without written authorization; upload malware or harmful code; impersonate another person or organization; submit fraudulent orders or payment information; use the services to facilitate unlawful conduct; obtain personal information through deception or pretext; violate a third-party data license; use mailing data for harassment or discrimination; or attempt to circumvent usage, account, quantity, or licensing restrictions.

16. Suspension and termination

Plavidian may suspend or terminate access, reject an order, stop production, or withhold delivery when reasonably necessary because of: nonpayment; suspected fraud; unlawful content or use; data-license violations; security threats; misuse of the services; breach of these terms; sanctions or legal restrictions; missing approvals or postage; production impossibility; customer insolvency; or a request from a court, regulator, law-enforcement agency, data provider, or rights holder. Suspension does not waive amounts already due or obligations that survive termination.

17. Disclaimers

Except as expressly stated in a signed agreement, services, tools, reports, data products, and website content are provided "as is" and "as available." To the maximum extent permitted by law, Plavidian disclaims implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, completeness, uninterrupted operation, and results.

Plavidian does not warrant that: a mailing list is complete or error-free; every record is current; every address is deliverable; every recipient meets a selected characteristic; geographic or demographic data is exact; a mailpiece will be delivered by a particular date; a campaign will achieve a particular response or result; third-party systems will remain available; or educational tools constitute legal, tax, postal, privacy, accessibility, or regulatory advice. Nothing in these terms excludes a warranty or remedy that cannot lawfully be excluded.

18. Limitation of liability

To the maximum extent permitted by law, Plavidian will not be liable for indirect, incidental, special, exemplary, consequential, or punitive damages, including lost profits, lost opportunity, reputational harm, loss of data, loss of political advantage, missed election opportunities, or business interruption.

Except for liability that cannot legally be limited, Plavidian's aggregate liability arising from an order will not exceed the amount the customer paid Plavidian for the specific services giving rise to the claim, excluding postage, taxes, pass-through data charges, and amounts paid to third parties.

Any claim relating to a visible defect, shortage, production error, or incorrect service must be submitted in writing within ten business days after delivery or discovery, whichever occurs first, and no later than thirty calendar days after delivery.

19. Indemnification

To the extent permitted by law, the customer will defend, indemnify, and hold harmless Plavidian and its personnel from claims, losses, penalties, damages, and reasonable costs arising from: customer-supplied content or data; unlawful targeting or communication; lack of required permission, notice, consent, or lawful authority; infringement or misappropriation; violation of a data license; the customer's privacy-law obligations; the customer's failure to honor opt-outs or suppression requests; misleading, defamatory, discriminatory, or unlawful content; or the customer's breach of these terms. Plavidian will promptly notify the customer of a covered claim and reasonably cooperate in the defense.

20. Governing law and venue

These terms are governed by California law, without regard to conflict-of-law principles. Unless a separate written agreement provides otherwise, disputes will be brought in the state or federal courts serving San Diego County, California, and the parties consent to personal jurisdiction and venue there.

21. Changes to these terms

Plavidian may update these terms by posting a revised version with a new effective date. Material changes will apply prospectively unless otherwise required by law. Continued use after the effective date constitutes acceptance of the revised terms.

22. Contact

Questions about these terms may be directed to: Plavidian, Campbell Campaign Services, LLC, 2210 E Vista Way Ste 6, Vista, CA 92084  ·  info@plavidian.com  ·  760-666-3130.