Effective Date: February 20, 2025
nineXtwelve Terms & Conditions
1. 📌 Acceptance of Terms
By accessing and using the website located at nineXtwelve.com (the “Website”) and the marketing services offered by NineXtwelve LLC, an Arizona limited liability company (“NineXtwelve,” “we,” “us,” or “our”), including the purchase of advertising space, you (the “User,” “you,” or “Advertiser”) agree to be bound by these Terms & Conditions (“Terms”).
If you do not agree with any part of these Terms, you must not use the Website or the Services.
2. 🔄 Modifications to Terms
We reserve the right to modify or update these Terms at any time. All changes are effective immediately upon posting to the Website. Your continued use of the Website or Services after any modifications constitutes your acceptance of the revised Terms.
3. 🧾 Advertising Agreement – Terms of Sale
3.1 Ad Approval & Finality
Once the final ad proof is approved by the Advertiser, the order is considered complete and final. Approval constitutes full acceptance of the design, layout, and copy. No refunds, chargebacks, or disputes will be honored beyond this point unless the postcard mailer is not printed and mailed.
3.2 Sample Mockups Disclaimer
All layouts, ad designs, mockups, zone maps, and postcard images shown on the Website or in any promotional material are illustrative only. They are not contractual representations of final layout. Ad grouping, design, and positioning are determined solely by NineXtwelve.
3.3 Ad Placement & Layout
Ad size will correspond to the selected slot package (Single, Double, Triple, or Half Card). The precise placement of your ad on the mailer is determined by NineXtwelve and is not negotiable.
3.4 Mailing & Delivery Timeline
Mailers are sent via USPS® Every Door Direct Mail® to approximately 5,000 homes per selected zone. While we target a 4–8 week turnaround from ad approval, exact mailing dates may vary due to USPS schedules, zone demand, natural delays, or production volume. These delays do not constitute grounds for cancellation or refund.
3.5 Advertiser Responsibilities
Advertisers must submit all necessary ad content (images, text, logos) within five (5) business days of purchase. A design proof will be sent for approval. If the advertiser fails to respond within three (3) business days, NineXtwelve may finalize the ad and proceed with production.
3.6 No Chargebacks
All payments are final and non-refundable once the ad proof is approved. Chargebacks will be considered a breach of this agreement. Advertisers agree to reimburse NineXtwelve for any losses, fees, or legal expenses resulting from a chargeback.
3.7 Right to Refuse or Cancel
We reserve the right to reject or cancel any advertiser or ad content at our sole discretion. In such cases, a full refund will be issued. Ad placement is only guaranteed upon receipt of full payment and completed ad assets.
4. 💼 Description of Services
NineXtwelve provides direct marketing solutions for small businesses, including but not limited to: shared 9×12 postcard mailers, email and SMS marketing, website optimization, and social media strategy.
5. 👤 User Responsibilities
You agree to use the Website and Services only for lawful purposes. You are responsible for protecting account login credentials and maintaining the accuracy of all submitted information.
6. 🔐 Intellectual Property
All content on this Website, including copy, graphics, layouts, and software, belongs to nineXtwelve or its licensors. You may not copy, reproduce, resell, or exploit any part of the Website without express written permission.
7. ❌ Disclaimers & Liability
All Services and content are provided “as is.” We make no guarantees regarding outcomes. NineXtwelve disclaims all liability for indirect or consequential damages. Maximum liability is limited to the amount paid for Services rendered.
8. 🛡️ Indemnification
You agree to indemnify and hold harmless NineXtwelve, its owners, employees, and partners from any claims or losses arising out of your use of the Website or Services, or breach of these Terms.
9. ⚖️ Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Arizona, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved through binding arbitration in accordance with Section 12 below.
10. 🛑 Termination
We reserve the right to terminate or suspend your access to our Website or Services without notice for conduct deemed harmful, abusive, fraudulent, or in violation of these Terms.
11. 🧩 Severability
If any provision of these Terms & Conditions is held to be invalid, illegal, or unenforceable for any reason, the remaining provisions shall remain in full force and effect.
12. ⚖️ Arbitration & Waiver of Court Action
You agree to resolve any dispute or claim relating to these Terms, the Website, or the Services through final and binding arbitration. This means you waive any right to file or participate in a lawsuit in court, including class action lawsuits or jury trials. Arbitration shall be conducted pursuant to the Commercial Arbitration Rules of the American Arbitration Association (AAA), and held in the State of Arizona. Judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own legal fees, unless otherwise determined by the arbitrator.
13. 📄 Survival
The rights and obligations in Sections 3 (Advertising Agreement), 6 (Intellectual Property), 7 (Disclaimers & Liability), 8 (Indemnification), 9 (Governing Law), 12 (Arbitration), and this Section 13 shall survive termination of these Terms.
Contact Information
nineXtwelve LLC
12621 N Tatum Blvd, Suite 1021
Phoenix, AZ 85032
📧 Email: info@ninextwelve.com