TERMS & CONDITIONS

TERMS AND CONDITIONS

CAPTAINMAILER.COM is a company that sends mailers and sells leads.

MAILERS

CAPTAINMAILER.COM sends mailers to individuals who have either refinanced a home or bought a new home. CAPTAINMAILER.COM obtains this data from third parties and can't guarantee the accuracy of the information received. CAPTAINMAILER.COM obtains the data from reputable sources but cannot be held responsible either financially or legally for anything regarding the data sent or mailers sent. Occasionally CAPTAINMAILER.COM may use data that isn't recent. The mortgage data fluctuates weekly and CAPTAINMAILER.COM makes every effort to fulfill each weekly standing order with recent data. In the event, there isn't enough data for an order, CAPTAINMAILER.COM may use less recent data.

CAPTAINMAILER.COM has set up an automated answering system that will ask questions and verify information. If the person from the mailer calls the automated line, this constitutes a lead that will be sent to you. The mailers we send to generate the leads are what we deem is the best option to generate leads. If you do not like or agree with the mailers we send, we are not and cannot be held liable in anyway. The leads come to you in text, email, and can be downloaded in CSV form or PDF. The pdf that is generated with the lead data is not what the mailer we send looks like. Please contact us if you want more information about the mailers. If you choose to use the LIVE ANSWER feature you will pay a $50 refundable deposit that covers the first 100 minutes. Any minutes used over that will be charged at the end of each month to keep your account current. Once you are no longer mailing with us or no longer using the LIVE ANSWER feature, you may request any funds remaining from your deposit be refunded. We do not automatically refund you and if you want this money refunded you must request either via text or email.

We cannot offer any guarantees as to the quality of the lead or whether or not they will purchase an insurance product and as such cannot be held liable for any expenses, loss of sales, or any liability whatsoever. In order to purchase mailers, we must receive payment on Wednesday in order to buy data for your order on Thursday so they can be put into our system to be mailed. If we don't receive payment on Wednesday, your order will not be placed that week. Any estimates on return percentages for mailers sent are just estimates and we cannot be held responsible if the mailers sent for you do not get the same response rate. You agree to not use any of our information including our mailer content, website content, or any information obtained from CAPTAINMAILER.COM without our specific written authorization for any purpose whatsoever, including but not limited to, business and personal endeavors. CAPTAINMAILER.COM reserves the right to file suit against you to recover damages, lost profits, and any other equitable relief resulting from your use of said information.

You’re allowed to use the leads created by the mailers for your internal marketing purposes only. You may not use the leads for purposes other than selling insurance products. Agents can’t redistribute or sell the leads. You agree to not share with others, distribute, license, sell, resell or otherwise disclose any of the leads or the information included in them, to any third party for any purpose, unless only to an entity employed by you for the main purpose of assisting you in contacting the lead. When leads are generated, we don’t guarantee any certain results.

It is solely your responsibility to know about all laws, rules, and regulations applicable to the access, use, storage and security of data identifying consumers that we offer to you. You agree that you’ll maintain commercially reasonable physical, electronic and procedural controls, care and protection to protect any such consumer information received herein from any unauthorized use or disclosure, including the maintenance of proper security to limit access to the consumer data.

As an Agent, and on behalf of your employees or contractors, you warrant that:

-the use of the leads and any interactions with and information provided to consumers will be in compliance with all applicable federal, state and local laws, statutes, rules and regulations, governing the marketing, sales, and/or promotion of goods and/or services;

-you’ll make no calls to any person on any federal or state national Do-Not-Call (DNC) registries in the exception of an exemption;

-you’ll use no lead information for the purpose of determining a person’s eligibility for employment, credit or otherwise in any manner that violates the Fair Credit Reporting Act.

The leads are provided “as is”. All statutory, implied or other warranties are disclaimed to the highest extent permitted by law, including with no limitation to any warranties of merchantability, fitness for a purpose, non-infringement, or compliance with relevant laws. We don’t guarantee in any way that any information provided by the consumer will be correct or complete.

All names, logos, trademarks, text, software, code, right, title, and other content of CAPTAINMAILER.COM will remain the exclusive property of CAPTAINMAILER.COM and its licensors. Except as set forth above, you may not copy, modify, upload, download, transmit, re-publish, display for redistribution to third parties for commercial or personal purposes without the express prior written agreement of CAPTAINMAILER.COM. We reserve the right to enforce our intellectual property rights to the fullest extent of the law, including but not limited to seeking remedies under civil or criminal law for such violations.

CAPTAINMAILER.COM accepts no responsibility for any issues arising from calling the leads, booking appointments, or any issues concerning the leads and or the mailers. We are simply mailing the mailers for you with data we obtained from public data sources. You are required to remain compliant with all applicable laws including but not limited to those governing insurance sales. You are required to comply with all laws and rules regarding contacting any leads and not contacting them if they request to not be contacted. You accept full responsibility for remaining compliant. You agree to abide by all TCPA laws.

LEADS

CAPTAINMAILER.COM also sells leads. CAPTAINMAILER.COM obtains this data from third parties and can't guarantee the accuracy of the information received. CAPTAINMAILER.COM obtains the data from reputable sources but cannot be held responsible either financially or legally for anything regarding the data. CAPTAINMAILER.COM doesn’t guarantee the quality or accuracy of the leads that is offered to you.

You’ll be charged for the leads based on the price stated at the time of the purchase, and fees may differ from purchase to purchase at any time. We do our best to deliver leads between 24 – 72 hours but may take up to 10 days to deliver an order. However, in some cases, orders can experience slight delays owing to daily supply and demand market conditions. Purchases of leads are not cancellable, and there is no refund on fees paid.

You’re allowed to use the leads provided by us for your internal marketing purposes only. You may not use the lead for purposes other than selling insurance products. Agents can’t redistribute or sell our leads. You agree to not share with others, distribute, license, sell, resell or otherwise disclose any of the leads or the information included in them, to any third party for any purpose, unless only to an entity employed by you for the main purpose of assisting you in contacting the lead. When leads are generated, we don’t guarantee any certain results.

It is solely your responsibility to know about all laws, rules, and regulations applicable to the access, use, storage and security of data identifying consumers that we offer to you. You agree that you’ll maintain commercially reasonable physical, electronic and procedural controls, care and protection to protect any such consumer information received herein from any unauthorized use or disclosure, including the maintenance of proper security to limit access to the consumer data.

As an Agent, and on behalf of your employees or contractors, you warrant that:

-the use of the leads and any interactions with and information provided to consumers will be in compliance with all applicable federal, state and local laws, statutes, rules and regulations, governing the marketing, sales, and/or promotion of goods and/or services;

-you’ll make no calls to any person on any federal or state national Do-Not-Call (DNC) registries in the exception of an exemption;

-you’ll use no lead information for the purpose of determining a person’s eligibility for employment, credit or otherwise in any manner that violates the Fair Credit Reporting Act.

The leads are provided “as is”. All statutory, implied or other warranties are disclaimed to the highest extent permitted by law, including with no limitation to any warranties of merchantability, fitness for a purpose, non-infringement, or compliance with relevant laws. We don’t guarantee in any way that any information provided by the consumer will be correct or complete, or that the results will be realized from the leads.

CAPTAINMAILER.COM accepts no responsibility for any issues arising from calling the leads, booking appointments, or any issues concerning the leads. You are required to remain compliant with all applicable laws including but not limited to those governing insurance sales. You are required to comply with all laws and rules regarding contacting any leads and not contacting them if they request to not be contacted. You accept full responsibility for remaining compliant. You agree to abide by all TCPA laws.

You may receive marketing texts and emails from us from time to time. If you do not want to receive those you can opt out at any time. If you are a current customer you will still receive text and email communications about your leads.

This Agreement shall be governed by the laws of the State of Washington. You agree that any dispute regarding this Agreement shall be heard solely by a court in King County, Washington. If you file a dispute in a different court or jurisdiction, CAPTAINMAILER.COM may file to have your action dismissed and you will be responsible for CAPTAINMAILER.COM’s reasonable attorney’s fees.

CAPTAINMAILER.COM is committed to protecting your privacy and will make reasonable efforts to provide you a safe user experience. Please note that your use of its site is subject to its Terms and Conditions. This Privacy Policy and Terms and Conditions are necessary to your use of the site. Therefore, you must agree to both before using the site.

CAPTAINMAILER.COM collects personally identifiable information (“PII”) you provide about yourself, such as your name, email address, phone number and other registration information, when you register to purchase mailers and/or leads. We will not sell, share, or transfer your information to third parties without your permission. However, you agree that we may use your information to register your account on our site, process monetary sums, and share with other third parties as necessary.

To protect your privacy and security, CAPTAINMAILER.COM takes reasonable steps to verify your identity before granting you access to the site. CAPTAINMAILER.COM will do its best to keep your information secure. However, you are responsible for maintaining the privacy of your password and account information at all times. The site uses SSL certificates to help secure your information. We recommend you protect your password, use firewalls and download anti-virus software. Do not create more than one account for yourself, transfer your account, or share your password with others. If we learn of a security breach, we may notify you via email or on our site.

We may also need to disclose your information when required by law or to comply with legal requests, such as search warrants, court orders, subpoenas or other valid legal process. Therefore, you authorize us to disclose information about you to law enforcement or government officials as is necessary.

CAPTAINMAILER.COM’s services are provided "as is" and makes no guarantees that CAPTAINMAILER.COM will always be safe, error-free or without delay. To the extent permitted by law, we also disclaim all warranties, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. CAPTAINMAILER.COM’s liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, information, or consequential, indirect, or punitive damages. CAPTAINMAILER.COM reserves all its rights in law and equity.

If you would like to make changes to your registration information, you can do so by logging onto your account on the site. To cancel your account, send an email request to INFO@CAPTAINMAILER.COM from the email address you provided in your registration. We may retain your information for a commercially reasonable amount of time for internal and legal purposes.

We reserve the right to change or update our Terms and Conditions and Privacy Policy at any time. If you have any questions about our site, Terms and Conditions or Privacy Policy, please contact us at INFO@CAPTAINMAILER.COM

Residents of California (CA) should be aware that CA law affords them certain rights regarding their personal information. CA law requires us to disclose certain information related to our privacy practices. This CA Privacy Notice is intended to supplement our Privacy Policy in order to meet our disclosure requirements pursuant to CA law. To understand our privacy practices, you should refer to our Privacy Policy in addition to this supplement applicable to CA Residents. This CA Privacy Notice applies to personal information (PII), as defined below, that is processed by us in the course of our business. PII under CA law may differ from PII in the CAPTAINMAILER.COM Privacy Policy. As used in this CA Privacy Notice only, PII refers to information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Category examples of PII in this category Identifiers: name, email address, mailing address, phone number, username, birthday, and protected characteristics age and gender.

CA residents have the right to opt out of disclosure of their PII to third parties for valuable consideration (which may be considered sales under CA law even if no money is exchanged). We do not sell your PII. However, we respect and understand that you may still want to ensure your PII is not sold. Therefore, if you would still like to proceed with a do not sell my PII request, please contact us. You have certain rights as a CA resident, such as right to access your PII. You may be entitled to receive the specific pieces of your PII we collected in the 12 months preceding your request. You may be entitled to receive a copy of your electronic PII in a readily-usable format. You may be entitled to receive information regarding the categories of PII we collected, the sources from which we collected PII, the purposes for which we collected and shared PII, the categories of PII that were sold and the categories of third parties to whom the PII was sold, and the categories of PII that we disclosed for a business purpose in the 12 months preceding your request. You may be entitled to request that we delete the PII that we have collected from you. We will use commercially reasonable efforts to honor your request, in compliance with applicable laws. Please note, however, that we may need to keep such information, such as for our legitimate business purposes or are quired to comply with applicable laws. You may be entitled to direct us to stop disclosing your PII to third parties for monetary or other valuable consideration. You may freely exercise these rights without fear of being denied goods or services. We may, however, provide a different level of service relating to the value of your PII. If you are a CA resident and would like to exercise one of your rights, please contact us. CA law requires us to verify the requests we receive from you when you exercise certain of the rights listed above. We (or third parties we engage to assist us) may ask you to provide certain information to us in order for us to verify the request. In addition to these rights, pursuant to CA’s Shine the Light law, CA residents who share PII with us have the right to request and obtain from us once per year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for direct marketing purposes in the prior calendar year, as well as the type of PII disclosed to those parties. If you would like to exercise this right, please contact us at INFO@CAPTAINMAILER.COM