Terms and Conditions

1. Service Agreement and Acceptance

By reserving a slot with Lucky Mailers, you explicitly acknowledge that you have read, understood, and agree to be bound by these terms and conditions. Lucky Mailers provides shared postcard marketing services, including design, printing, and mailing services via USPS EDDM (Every Door Direct Mail).

You must accept these terms before completing a slot reservation. If you do not agree to these terms, you must not reserve a slot or use our services.

2. Payment and Refund Policy

All sales are final and non-refundable, except as expressly provided herein.

Refunds may be issued solely at Lucky Mailers' discretion in the following circumstances:

• If Lucky Mailers cancels a campaign or mailer before printing and mailing occurs
• If Lucky Mailers materially breaches its obligations under this agreement and fails to cure such breach

No refunds will be issued for customer-initiated cancellations, changes in business circumstances, dissatisfaction with marketing results, or any other reason not expressly stated above. Refund decisions are final and at Lucky Mailers' sole discretion.

3. Warranties and Disclaimers

Service Performance: Lucky Mailers will use commercially reasonable efforts to perform the services described (design, printing, and mailing of postcards), subject to the limitations and disclaimers set forth herein.

Disclaimer of Express Warranties: Except as expressly stated in this agreement, Lucky Mailers makes no express warranties, representations, or guarantees regarding the services.

Disclaimer of Implied Warranties: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUCKY MAILERS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

No Guarantees Regarding Business Results: Lucky Mailers makes no guarantees, warranties, or promises regarding:

• Return on investment (ROI) or business results
• Number of customers or leads generated
• Sales or revenue increases
• Response rates or engagement levels
• Any specific business outcomes

Marketing results vary based on numerous factors beyond our control, including market conditions, your business offerings, competition, and consumer behavior.

4. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LUCKY MAILERS SHALL NOT BE HELD LIABLE for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or information
• Business interruption
• Damages resulting from delays or failures in mail delivery by USPS or third-party carriers
• Failure by the post office or any third party to deliver by the expected target date or to the number of residences indicated
• Errors in design, printing, or mailing that do not constitute gross negligence or willful misconduct

Exceptions: This limitation of liability does not apply to (a) gross negligence or willful misconduct by Lucky Mailers, (b) violations of applicable law, or (c) death or personal injury caused by Lucky Mailers' negligence.

Maximum Liability: Our total liability, if any, shall not exceed the amount you paid for the specific slot reservation in question. This limitation applies regardless of the legal theory on which the claim is based (contract, tort, negligence, strict liability, or otherwise).

5. Content and Materials

You are responsible for providing accurate business information, logos, images, and content for your slot. You represent and warrant that you have the right to use all materials you provide and that they do not infringe on any third-party rights. Lucky Mailers is not responsible for errors in information you provide.

License to use your materials: You grant Lucky Mailers a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, resize, format, print, and distribute the materials you provide to us solely as needed to provide the services, including designing, producing, printing, and mailing postcards. You represent and warrant that you have all rights, permissions, and licenses required to grant this license.

Design ownership and source files: If Lucky Mailers creates a design for your slot, you own the final, print-ready design delivered for the campaign. Editable source files (for example, Canva project files or other working files) are not included unless you purchase them for an additional fee. The amount and terms of that fee will be provided upon request.

Prohibited content and compliance: You agree that your content and materials will comply with all applicable laws, regulations, and USPS requirements. Lucky Mailers may reject, remove, or require changes to any content or materials at any time if we believe they are unlawful, misleading, or inappropriate, or if they create legal, operational, or reputational risk.

• Illegal goods or services, or content that facilitates illegal activity
• False, deceptive, or misleading claims, including unsubstantiated performance, health, or financial claims
• Adult content, explicit content, or sexually suggestive content
• Hate speech, harassment, threats, or discriminatory content
• Regulated or restricted categories without required approvals or disclosures, including alcohol, cannabis, gambling, tobacco or nicotine products, weapons, and prescription drugs

Customer delays: If you do not provide required information, materials, approvals, or revisions by the deadlines we specify, we may, at our discretion, proceed without your requested changes and/or release your slot and resell it to another customer to meet production and mailing schedules.

6. Delivery and Timing

While we work to meet planned campaign schedules, timing is not guaranteed. Mailing and delivery timing and delivery rates are subject to USPS requirements, processing, and delivery schedules, including EDDM (Every Door Direct Mail) routing and local post office operations, which are beyond our control.

Planned campaign date and estimated windows: Any campaign "mail date", "mailer date", "drop date", or similar date shown on our site is an estimated target date for planning purposes only. Your mailer may be entered into the mail stream before or after that date, and recipients may receive postcards before or after that date. Any delivery window is an estimate only and is not a guarantee.

• Delays in mail delivery (including delays beyond the expected target date)
• Complete failure of mail delivery
• Lost mail or mail that is not delivered to intended recipients
• Failure to deliver to the exact number of residences indicated or promised
• Any delivery issues caused by the post office, third-party carriers, or other factors beyond Lucky Mailers' reasonable control

Lucky Mailers will not be liable for failures by the post office or any third party to deliver on the expected target date or to the number of residences promised, regardless of the cause of such failure.

7. Campaign Changes and Cancellations

Lucky Mailers' Right to Cancel: Lucky Mailers reserves the right to modify, delay, or cancel any mailer or campaign at any time for any reason, including but not limited to insufficient reservations, third-party issues, printing problems, force majeure events, or other circumstances that make completion impractical or impossible.

Refund Policy for Cancellations: If Lucky Mailers cancels a campaign or mailer:

• Any refund or credit will be provided solely at the discretion of Lucky Mailers
• Lucky Mailers may, but is not obligated to, offer alternative options or credits
• No refunds are guaranteed, even if cancellation occurs after payment has been received

Customer Cancellations: Customers may not cancel their slot reservations after payment has been processed, except as may be required by applicable law.

8. Indemnification

You agree to indemnify, defend, and hold harmless Lucky Mailers, its owners, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your content, materials, logos, images, or information provided to Lucky Mailers
• Your violation of these terms and conditions
• Your violation of any third-party rights (including intellectual property, privacy, or publicity rights)
• Your use of the services in violation of applicable law

This indemnification obligation does not extend to claims arising solely from Lucky Mailers' gross negligence or willful misconduct.

9. Governing Law, Arbitration, and Dispute Resolution

Governing Law: These terms are governed by and construed in accordance with the laws of the State of Utah, United States, without regard to its conflict of law principles.

Binding Arbitration: Except for claims that qualify for small-claims court or claims seeking only injunctive or other equitable relief, any dispute, claim, or controversy arising out of or relating to these terms or the services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in Salt Lake City, Utah, in English, before a single arbitrator.

Waiver of Class Actions and Jury Trial: You and Lucky Mailers agree that all proceedings shall be conducted only on an individual basis and not in a class, consolidated, representative, or private attorney general action. You and Lucky Mailers knowingly and irrevocably waive any right to a jury trial.

Court Jurisdiction for Limited Claims: For claims that are not subject to arbitration (including small-claims matters or claims seeking injunctive or equitable relief), you agree to the exclusive jurisdiction and venue of the state or federal courts located in Salt Lake County, Utah, and consent to the personal jurisdiction of such courts.

10. Changes to Terms and Your Responsibility

We may change these terms at any time: Lucky Mailers may update, modify, add, or remove portions of these terms at any time. Changes are effective immediately when posted on this page, and the "Last updated" date will reflect the most recent version.

No duty to notify: We may, but are not required to, provide notice of changes by email, within the product, or by any other method.

It is your responsibility to stay aware: You are responsible for reviewing these terms regularly and staying informed of any updates. By continuing to use our services or by reserving a slot after changes are posted, you agree to the updated terms.

11. Severability

If any provision of these terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid, illegal, or unenforceable provision shall be replaced with a valid, legal, and enforceable provision that comes closest to the intent of the original provision.

12. Force Majeure

Lucky Mailers shall not be liable for any failure or delay in performance under these terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, pandemics, postal service failures, printing facility closures, or other force majeure events. In such circumstances, Lucky Mailers may suspend or cancel services without liability.

13. Entire Agreement

These terms, together with any written agreements or confirmations provided by Lucky Mailers regarding your specific slot reservation, constitute the entire agreement between you and Lucky Mailers regarding the services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

14. Waiver

The failure of Lucky Mailers to enforce any right or provision of these terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Lucky Mailers.