Opt-In & Consent
- • You will only receive messages if you have explicitly opted in
- • We maintain timestamped records of all opt-in actions
- • We comply with the Telephone Consumer Protection Act (TCPA) and all applicable laws
SMS / Text Messaging Terms
N3XLVL, LLC dba My Giant Postcard sends SMS messages to notify you about ad spot availability, campaign deadlines, and special offers for Castle Rock businesses. By providing your mobile number and opting in, you consent to receive these text messages from us.
How to Opt Out
You can cancel the SMS service at any time. Just text "STOP" to (720) 868-8928. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
How to Get Help
If you are experiencing issues with the messaging program, you can reply with the keyword HELP for more assistance, or you can get help directly at [email protected] or by calling (720) 868-8928.
Carrier Liability
Carriers are not liable for delayed or undelivered messages.
Message & Data Rates
As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive up to 4 messages per month. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Privacy
If you have any questions regarding privacy, please read our Privacy Policy.
Introduction & Acceptance of Terms
Welcome to N3XLVL, LLC dba My Giant Postcard. These Terms and Conditions, called the "Terms," are a legal agreement between you and N3XLVL, LLC dba My Giant Postcard, owned and operated by Graylan Stewart. These Terms apply to your use of our website, forms, emails, mail advertising services, design services, and any related products or services we offer.
N3XLVL, LLC dba My Giant Postcard provides shared direct mail advertising services for local businesses. This includes placement on an oversized 9×12 postcard mailed to selected Castle Rock, Colorado households, with limited spots, category exclusivity, optional done-for-you ad design, and USPS mailing documentation.
By visiting our website, filling out a form, requesting information, reserving a spot, submitting ad content, approving a proof, making a payment, or using any of our services, you agree to these Terms. If you do not agree, do not use our services.
Description of Services & Products
N3XLVL, LLC dba My Giant Postcard offers co-op direct mail advertising services for local businesses, mainly businesses serving homeowners in Castle Rock, Colorado. Our services may include:
- Ad placement on a shared oversized 9×12 postcard
- Distribution to approximately 10,000 Castle Rock households
- Category exclusivity — one business per industry per mailer when available
- Full-color printing on heavy cardstock
- Done-for-you ad design, or placement of client-supplied design
- USPS postal receipts and tracking documentation
- Campaign options such as 1X, 4X, and 12X mailings
- Monthly or scheduled mailings, when offered
All services are subject to availability. Mailer spots are limited. The business may limit participation by industry, service area, ad size, ad content, mailing cycle, or other operational needs.
We may refuse, delay, edit for formatting, or cancel any ad placement if:
- The category spot is already taken
- The submitted content is incomplete, inaccurate, unlawful, misleading, offensive, or not suitable for print
- Materials are submitted after stated deadlines
- There are production, printing, mailing, or operational limits
- We believe the ad may create legal, regulatory, reputational, or delivery risk
We do not promise that every business, industry, zip code, neighborhood, or mailing date will always be available.
Advertiser Conducts; Registration
You may be able to use some parts of our services without creating an online account. If we require an account, you must provide true, current, and complete information.
You are responsible for:
- Keeping login details private
- All activity under your account
- Making sure your business contact, billing, and ad submission information stays current
You must be at least 18 years old to use our services or enter into a contract with us. If you submit information for a company, you confirm that you are authorized to do so.
We may suspend or close an account, or refuse service, if information is false, incomplete, outdated, or used in a way that breaks these Terms.
Payment Terms & Billing
Pricing for ad placements, campaign packages, design-related items, add-ons, and other services will be provided to you before you buy. All pricing is subject to quote, proposal, order form, invoice, or other written agreement provided by N3XLVL, LLC dba My Giant Postcard.
Payment Methods
We may accept payment methods listed on our invoice, website, or order form. You agree to provide valid payment information and to pay all charges on time.
Billing Timing
Unless a different timing is stated in writing:
- Payment may be required in full before design, print, or mailing begins
- A deposit may be required to reserve a category slot or mailing position
- Repeat campaign billing for 4X or 12X options may be charged upfront or by installment, if offered in writing
No spot is guaranteed until any required payment is received and cleared.
Taxes
All prices are in U.S. dollars unless stated otherwise. You are responsible for any applicable sales, use, excise, or similar taxes, except taxes based on our net income.
Late or Failed Payments
If a payment is late, declined, reversed, charged back, or not received:
- We may pause design, production, or mailing
- We may release your reserved spot
- We may charge reasonable late fees or collection costs if allowed by law and stated in your invoice or agreement
- We may require a different payment method
- We may refuse future service
Chargebacks
You agree to contact us first to try to resolve billing issues before starting a chargeback. A chargeback does not cancel your contract or your duty to pay for approved and delivered services.
Refunds & Cancellation Policy
General Rule: Because direct mail campaigns involve reserved space, design time, print setup, and mailing preparation, payments may become non-refundable once work begins. Exact refund rights may depend on your invoice, proposal, or signed service agreement.
You may request cancellation by contacting N3XLVL, LLC dba My Giant Postcard in writing. If you cancel:
- Before any work begins: We may issue a full or partial refund, less any non-refundable reservation fee if one was disclosed
- After design or production starts, but before printing: We may keep amounts for work already performed, reserved space, admin time, and design services
- After final proof approval or printing begins: Fees are generally non-refundable
- After the mailer has been printed or entered the mail stream: No refund will be given for that mailing
Recurring or Multi-Drop Campaigns
For 4X or 12X campaign options, unless a separate written agreement says otherwise:
- You may cancel future unperformed mailings by written notice
- Completed mailings and work already done are non-refundable
- Discounts given for multi-drop commitments may be recalculated if you end early, if stated in your order documents
- Proration, if any, will be handled only as stated in your written order, invoice, or service agreement
No Formal Performance Guarantee
N3XLVL, LLC dba My Giant Postcard does not promise any specific number of leads, calls, sales, response rates, or revenue. Risk-reduction features such as 1X test options, no long-term contract, and USPS mailing proof are not a guarantee of business results.
Non-Refundable Items
Unless required by law or agreed in writing, the following are non-refundable once started or provided:
- Reserved category spots
- Custom design work
- Proofing and layout work
- Print production costs
- Mailing and postage costs
- Completed campaign services
- Third-party costs already paid or committed
User Conduct & Prohibited Activities
You agree to use our services only for lawful business purposes. You must not:
- Submit content that breaks any law, rule, or regulation
- Infringe any copyright, trademark, privacy, publicity, or other rights
- Submit defamatory, obscene, hateful, abusive, or offensive material
- Promote illegal products, illegal services, or prohibited conduct
- Upload harmful files, malware, or code
- Interfere with our website, systems, production process, or other users
- Use our services to spam, harvest data, or send unauthorized messages
- Pretend to be another person or business
- Misuse USPS documentation, our name, or our materials
- Resell or transfer your ad space without our written permission
- Try to bypass category limits, territory rules, deadlines, or approval steps
We may remove content, reject submissions, suspend service, end a campaign, or terminate your access if you break this section.
Intellectual Property Rights
Our Rights
All rights in our website, branding, business name, logos, layouts, mailer format, text, graphics, service descriptions, and other materials created by or for N3XLVL, LLC dba My Giant Postcard are owned by N3XLVL, LLC dba My Giant Postcard or its licensors and are protected by law.
Your Limited License
If you follow these Terms, we give you a limited, revocable, non-exclusive, non-transferable license to access and use our website and services for your own internal business use only. You must not:
- Copy, reproduce, republish, sell, or exploit our materials without written permission
- Reverse engineer or try to copy our business methods, designs, or systems beyond what law allows
- Remove any copyright, trademark, or proprietary notices
Your Content
You keep ownership of content you submit, such as logos, ad copy, photos, offers, and business information. You give N3XLVL, LLC dba My Giant Postcard a non-exclusive, worldwide, royalty-free license to use, reproduce, edit for formatting, display, print, distribute, and store that content as needed to provide the services.
You confirm that: (a) you own or control the rights to your submitted content; (b) your content is accurate and lawful; (c) our use of your content for the services will not break any law or third-party rights.
Created Materials
If we create ad designs, layouts, or related creative work for you, ownership and usage rights will be governed by the written agreement, invoice, or proposal for that work. Unless stated otherwise in writing, N3XLVL, LLC dba My Giant Postcard keeps ownership of pre-existing design tools, templates, methods, and general know-how, and grants you a limited right to use the final ad only for the campaign or uses approved in writing.
Disclaimers of Warranties
Our services are provided on an "as is" and "as available" basis, to the fullest extent allowed by law.
N3XLVL, LLC dba My Giant Postcard does not make any promise or warranty that:
- The service will always be available, uninterrupted, or error-free
- Any mailing will lead to a specific result
- You will receive any minimum number of leads, calls, customers, or sales
- A campaign will fit your business goals
- Delivery dates, print schedules, or mailing timelines will never change
- USPS or other third-party services will perform without delay or error
- Any sample response math, examples, or estimates will happen in your case
To the fullest extent allowed by law, we disclaim all implied warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Nothing in these Terms removes rights that cannot be waived under applicable consumer protection laws, including laws that may apply in Colorado, California, Australia, the European Union, or other places, if those laws apply to your transaction.
Limitation of Liability
To the fullest extent allowed by law, N3XLVL, LLC dba My Giant Postcard and Graylan Stewart will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages. This includes loss of profits, loss of revenue, loss of business opportunity, loss of goodwill, loss of data, business interruption, or cost of substitute services.
To the fullest extent allowed by law, our total liability for any claim arising out of or related to these Terms or the services will not exceed the total amount you paid to N3XLVL, LLC dba My Giant Postcard for the specific service giving rise to the claim during the 3 months before the event that led to the claim. If no payment was made for that service, our liability will be limited to one hundred U.S. dollars ($100), if allowed by law.
These limits apply whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory, even if we were told such damages were possible. Nothing in these Terms limits liability that cannot be limited by law, including liability for fraud, willful misconduct, or other liability that applicable law does not allow us to exclude.
Indemnification
You agree to defend, indemnify, and hold harmless N3XLVL, LLC dba My Giant Postcard, Graylan Stewart, and their agents, contractors, service providers, and affiliates from and against any claims, demands, actions, losses, damages, judgments, settlements, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:
- Your use of the services
- Your ad content or submitted materials
- Your breach of these Terms
- Your breach of any law, rule, or regulation
- Your infringement or alleged infringement of any third-party right
- Any false, misleading, or unlawful statement in your ad or business information
We may take over the defense of any matter subject to indemnification, and you agree to cooperate with us.
Dispute Resolution
Informal Resolution First
Before starting arbitration or filing any legal claim, you agree to first contact N3XLVL, LLC dba My Giant Postcard and try to resolve the dispute informally. You must send written notice describing the issue, the relevant facts, and the requested resolution. Both parties agree to work in good faith to resolve the dispute within 30 days after notice is received.
Binding Arbitration
If a dispute is not resolved informally within 30 days, the dispute will be resolved by binding arbitration. This arbitration requirement applies to any dispute, claim, or controversy arising out of or relating to these Terms, your use of the services, any advertising campaign, payment, billing issue, design work, mailing services, or the relationship between you and N3XLVL, LLC dba My Giant Postcard, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory.
Arbitration Location & Jurisdiction
Any arbitration will take place in Colorado. The arbitration will be governed by the laws of the State of Colorado, without regard to conflict of law principles. The parties agree that Colorado is the exclusive jurisdiction and venue for all arbitration proceedings and for any court action permitted under these Terms.
Waiver of Jury Trial
To the fullest extent permitted by law, both parties waive the right to a trial by jury for any dispute covered by this arbitration provision.
Class Action Waiver
To the fullest extent permitted by law, all disputes must be brought only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general proceeding.
Exceptions
Nothing in this section prevents either party from:
- Filing an individual claim in small claims court if eligible
- Seeking temporary, preliminary, or injunctive relief in a Colorado state or federal court for misuse of intellectual property, confidential information, or other matters requiring urgent relief
- Bringing an action in a Colorado court to enforce an arbitration award or compel arbitration
Termination
You may stop using our services at any time. If you have an active paid campaign, cancellation and refund rights are controlled by Section 5 and any written service agreement.
Termination by Us
We may suspend or terminate your access or services, with or without notice, if:
- You break these Terms
- You do not pay on time
- You submit unlawful, infringing, misleading, or prohibited content
- You miss material deadlines that affect production
- We face legal, regulatory, operational, print, mailing, or safety concerns
- We discontinue a service offering
Effect of Termination
When termination happens: (a) your right to use our services stops right away; (b) we may remove or reject pending materials; (c) you still owe any fees for work completed, committed, approved, printed, or mailed; (d) non-refundable amounts remain non-refundable, subject to law.
Survival
Sections that by nature should continue after termination will survive. This includes sections on payment obligations, refunds, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and any licenses needed for completed or archived work.
Modifications to Terms
We may update these Terms from time to time. If we make material changes, we may post the updated Terms on our website, update the "Last Updated" date, or notify you by email or another reasonable method.
Changes take effect on the posted effective date unless a different date is stated. By continuing to use our services after updated Terms take effect, you accept the revised Terms. If you do not agree to the changes, stop using the services.
For active campaigns, the version of the Terms in effect when you placed the order may continue to apply to that order unless the updated Terms are required by law or accepted by both parties.
Contact Information
If you have questions about these Terms, billing, cancellations, or our services, please contact us: