Terms of Service

Effective Date: June 2026

Welcome to MarketStreet Direct ("MSD"), a registered assumed name (DBA) of Texas Germ Pro, Inc., a Texas corporation ("Company," "MSD," "we," "us," or "our").

By accessing this website, requesting information, purchasing advertising services, executing an advertising agreement, submitting advertising materials, or otherwise engaging with MSD, you agree to be bound by these Terms of Service.

1. Services

MSD provides advertising and marketing services, including but not limited to:

* Direct mail postcard advertising

* Shared advertising campaigns

* Graphic design assistance

* Marketing consultation

* Advertising placement services

All services are subject to availability and acceptance by MSD.

2. Advertising Orders

Submission of an order, signed agreement, payment, approval of advertising materials, participation in a campaign, or use of MSD services constitutes acceptance of these Terms.

Advertising space is limited and may be allocated on a first-paid basis.

No advertising placement is guaranteed until full payment has been received.

MSD reserves the right to reject, cancel, suspend, or refuse any order at its sole discretion.

3. Payment Terms

* Full payment is required before production begins.

* Advertising space is not reserved until payment is received.

* Prices may change without notice until payment is received.

* Returned, disputed, reversed, or declined payments may result in cancellation of services.

* Failure to provide payment prior to production may result in cancellation without liability to MSD.

4. No Refund Policy

ALL SALES ARE FINAL.

Payments made for advertising services, design services, printing, production, mailing, campaign participation, consulting, or related services are non-refundable.

Once design, production, printing, scheduling, mailing preparation, or campaign development has begun, no refunds, credits, cancellations, chargebacks, or adjustments will be provided.

5. Advertising Content

Advertisers are solely responsible for all submitted materials, including:

* Logos

* Images

* Trademarks

* Business information

* Promotional offers

* Contact information

* Advertising claims

Advertisers represent and warrant that they possess all rights, permissions, licenses, and approvals necessary to use submitted content.

MSD reserves the right to reject, edit, remove, refuse, or discontinue any advertisement for any reason.

6. Advertiser Compliance

Advertiser warrants that all submitted content complies with all applicable federal, state, county, municipal, and regulatory requirements.

Advertiser is solely responsible for obtaining all licenses, permits, disclosures, approvals, disclaimers, registrations, and legal notices required for its products, services, promotions, and advertising claims.

7. Proof Approval

When applicable, advertisers may receive a proof prior to production.

Failure to respond within seventy-two (72) hours shall constitute approval.

Once a proof is approved or deemed approved, MSD shall not be responsible for any errors, omissions, spelling mistakes, pricing inaccuracies, design issues, contact information errors, or content inaccuracies.

8. No Guarantee of Results

Advertising results vary and are influenced by numerous factors beyond MSD's control.

MSD makes no guarantees regarding:

* Leads generated

* Customer inquiries

* Website traffic

* Sales volume

* Revenue increases

* Return on investment

* Campaign performance

Advertising services are not performance-based contracts.

No specific results are promised, guaranteed, or implied.

9. Distribution Disclaimer

MSD coordinates production and mailing through independent third-party vendors and service providers.

While reasonable efforts are made to ensure successful distribution, MSD does not guarantee:

* Delivery to every household

* Exact delivery dates

* Postal service performance

* Printing vendor performance

* Mailing timelines

* Carrier performance

Distribution schedules are estimates only.

10. Postal Service Disclaimer

MSD shall not be responsible for postal delays, lost mail, damaged mail, undeliverable addresses, delivery errors, carrier performance, mailing interruptions, or other issues occurring after materials are delivered to a mailing provider or postal service.

11. Third-Party Providers

MSD may utilize independent third-party vendors, printers, designers, mailing houses, distributors, software providers, and postal carriers.

Such parties are independent contractors and are not agents, employees, partners, or representatives of MSD.

MSD shall not be liable for the acts, omissions, delays, or failures of third-party providers.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MSD'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE LESSER OF:

(A) THE AMOUNT PAID BY ADVERTISER FOR THE SPECIFIC ADVERTISEMENT GIVING RISE TO THE CLAIM; OR

(B) FIVE HUNDRED DOLLARS ($500.00).

UNDER NO CIRCUMSTANCES SHALL MSD BE LIABLE FOR LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS OPPORTUNITIES, INDIRECT DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, OR PUNITIVE DAMAGES.

13. No Personal Liability

Advertiser agrees that any claim relating to services provided by MSD shall be asserted solely against Texas Germ Pro, Inc.

No claim may be asserted against any shareholder, owner, officer, director, employee, contractor, representative, successor, or affiliate individually.

14. Indemnification

Advertiser agrees to defend, indemnify, and hold harmless Texas Germ Pro, Inc., MSD, and their owners, officers, directors, employees, contractors, agents, successors, and assigns from all claims, liabilities, damages, judgments, settlements, penalties, costs, and attorney's fees arising from:

* Submitted advertising content

* Copyright infringement

* Trademark infringement

* Defamation claims

* False advertising claims

* Regulatory violations

* Advertiser's products or services

* Advertiser's acts or omissions

15. Chargebacks and Collections

Advertiser agrees not to initiate chargebacks for services that have been scheduled, designed, printed, produced, mailed, distributed, or otherwise performed.

Advertiser shall be responsible for all collection costs, attorney's fees, arbitration fees, court costs, and expenses incurred by MSD in collecting unpaid balances or enforcing these Terms.

16. Independent Contractor Relationship

Nothing in these Terms creates a partnership, joint venture, agency relationship, fiduciary relationship, or employment relationship between the parties.

MSD acts solely as an independent contractor.

17. Class Action Waiver

Advertiser agrees that any claim shall be brought solely in its individual capacity.

The parties waive any right to participate in any class action, collective action, representative action, consolidated action, or class arbitration.

18. Limitation of Claims

Any claim arising from services provided by MSD must be commenced within one (1) year from the date the claim arose or such claim shall be permanently barred.

19. Attorney's Fees

The prevailing party in any dispute shall be entitled to recover reasonable attorney's fees, arbitration fees, collection costs, court costs, expert fees, and related expenses.

20. Binding Arbitration

Any dispute arising out of or relating to these Terms, any advertising agreement, advertising services, or any relationship between the parties shall be resolved exclusively through binding arbitration in Bexar County, Texas.

The parties knowingly waive any right to a jury trial.

21. Exclusive Venue

If any claim is determined to be non-arbitrable, exclusive jurisdiction and venue shall lie in the state or federal courts located in Bexar County, Texas.

22. Force Majeure

MSD shall not be liable for delays or failures caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, supply shortages, paper shortages, ink shortages, labor disputes, fuel shortages, transportation interruptions, postal disruptions, software failures, cyberattacks, internet outages, governmental actions, public emergencies, acts of God, vendor failures, or supply chain disruptions.

23. Governing Law

These Terms shall be governed exclusively by the laws of the State of Texas.

24. Entire Agreement

These Terms, together with any signed advertising agreement, constitute the entire agreement between the parties and supersede all prior discussions, representations, proposals, and understandings.

25. Modifications

MSD may modify these Terms at any time. Updated versions become effective immediately upon publication.

26. Contact Information

MarketStreet Direct (DBA of Texas Germ Pro, Inc.)

3903 Eisenhauer Road

San Antonio, Texas 78218

Email: info@marketstreetdirect.com

Phone: 210.920.0342