Welcome! The BusinessPrinting.com website, www.BusinessPrinting.com, including its related software, features, applications, or any other BusinessPrinting.com service (collectively, the “Site”) is owned and operated by BusinessPrinting.com (hereafter “BusinessPrinting.com/we/us/our”), located at 3209 Commander Drive, Carrollton, Texas 75006.
1. APPLICATION OF THESE TERMS AND CONDITIONS
1.1 Please read the following Terms and Conditions carefully. These Terms and Conditions, together with any additional terms, policies, guidelines, legal notices, restrictions. rules or documents that may be referenced or posted in this document or elsewhere on the Site (collectively, the “Terms”) govern BusinessPrinting.com’s provision of any goods or services (“Services”) to you and your access to and use of the Site.
1.2 The Terms are non-negotiable and form a legally binding agreement between you and BusinessPrinting.com and apply to you whether you are a registered user, a BusinessPrinting.com customer or a visitor browsing the Site.
1.3 BusinessPrinting.com reserves the right, at its sole discretion, to change the Site or the Services, and to change, modify, add, or delete portions of these Terms at any time without prior notice. Any changes made will be effective immediately upon posting on the Site.
1.4 1.4 The most current version of these Terms supersedes all prior versions. You should review these Terms each time you access or use the Site or order Services.
1.5 1.5 YOUR CONTINUED ACCESS OR USE OF THE SITE, OR PLACEMENT OF AN ORDER WITH BUSINESSPRINTING.COM FOR SERVICES AFTER BUSINESSPRINTING.COM POSTS ANY CHANGES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES. If you do not agree to abide by these or any future Terms, do not access or use (or continue to access or use) the Site or place an order for Services from BusinessPrinting.com (“Order”).
2. YOUR AUTHORITY
2.1 By placing an Order with BusinessPrinting.com, you warrant that:
2.1.1 you are at least 18 years old and legally capable of entering into a binding contract; and
2.1.2 any Order you make on behalf of a third party, including a business, you are authorized by such third party to place such Order or otherwise use the Site on its behalf.
2.2 You agree that you are responsible for any error in the accuracy of information provided in connection with your use of the Site as well as for any Order submitted, including related fees and charges.
3.1 All Services offered for sale by BusinessPrinting.com are subject to availability, these Terms, and BusinessPrinting.com’s acceptance of your Order which we will confirm by electronic notification at the end of the ordering process (“Order Confirmation”).
3.2 BusinessPrinting.com was designed exclusively for professional and semi-professional Creatives and should not be used by individuals outside of the creative design field; BusinessPrinting.com reserves the right to reject any Order for any reason.
3.3 It is your responsibility to ensure that all details provided to BusinessPrinting.com related to your Order and its delivery are correct.
3.4 Once you approve your Order and your art files are imposed and/or printing has begun, no changes are allowed to the artwork files, job specifications or Print Turnaround Time.
4. QUOTES; PRICE AND PAYMENT
4.1 Pricing can be obtained through the Site or from a BusinessPrinting.com Representative and is based on your specifications as understood by BusinessPrinting.com at the time the quote is made.
4.2 If we discover a difference in the specifications of your Order and your artwork files, we will contact you to inform you of the discrepancy and give you the option of continuing to purchase the Services at the correct price or cancelling your Order. We will not produce your Order until the discrepancy is resolved.
4.3 Prices and amounts shown on the Site are in U.S. Dollars and are subject to change without notice. . Quotes for custom print jobs are valid for 30 days after the initial quote date. In the event of any increase costs of materials to BusinessPrinting.com occurring after the Order Confirmation but before production begins, BusinessPrinting.com will be entitled to charge such increases to you. In such event, BusinessPrinting.com will contact you and provide you the option of proceeding with your Order at the adjusted price or cancelling your Order.
4.4 Payment in full for your Order, including all applicable taxes and shipping charges, must be made by an approved payment method at the time you place your Order, except where BusinessPrinting.com has explicitly agreed to credit terms or other specific delayed payment terms (e.g. Net 30) prior to placing your Order in which case you are required to provide payment in accordance with the terms of such agreement(s).
4.5 BusinessPrinting.com reserves the right to obtain validation of your credit card, debit card or other payment details before accepting your Order.
5. ORDER DELIVERY
5.1 BusinessPrinting.com’s responsibility is limited to preparing your Order and placing it in the hands of a carrier for shipping to you or your agent
5.1.1 5.Shipping charges are based on the rates charged by the carrier and will vary according to the shipping method selected and/or by your delivery location.
5.1.2 Shipping transit times vary, and any dates quoted for delivery of your Order are estimates only.
5.1.3 5 BusinessPrinting.com is not responsible for damage to your Order after it has been turned over to the shipping carrier or picked up.
5.2 Time for delivery will not be of the essence of your agreement with BusinessPrinting.com, and BusinessPrinting.com will not be liable for any loss or expenses sustained by you arising from or related to any delay or failure in the delivery of your Order, however caused, including delivery delays or failures caused by:
5.2.1 the shipping carrier;
5.2.2 inclement weather; Equipment failure
5.2.3 equipment failure;
5.2.4 incorrect shipping addresses;
5.2.5 other errors created by you.
5.3 You must inspect your Order on delivery.
5.3.1 You may not reject the items ordered or any part of them on the grounds of short delivery of an installment.
5.3.2 If any part of your Order is alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing within 30 days of delivery.
5.4 Pick-up hours are Monday through Friday from 8:00 am to 6:00 pm (Central time), excluding holidays.
5.4.1 If you choose the pick-up option, please have a copy of your Order confirmation as well as a personal I.D. at the time of pick-up. BusinessPrinting.com reserves the right to refuse to turn over any product without either a copy of the Order Confirmation or proper identification.
5.4.2 Pick-up Orders will be held for 30 days from the date you are notified by BusinessPrinting.com that your Order is available for pick-up.
5.4.3 If you have not picked up your Order from BusinessPrinting.com’s facility within 30 days from such notification, your Order may be recycled or otherwise disposed of.
5.4.4 BusinessPrinting.com will not provide a credit or refund or reprint any Orders that are disposed of because of your failure to pick up your Order within 30 days as set forth above.
6. RISK OF LOSS AND TITLE
6.1 Ownership and risk of loss transfers to you once BusinessPrinting.com delivers your Order to the shipping carrier.
6.2 If you elect to pick up your Order at a BusinessPrinting.com facility, then ownership and risk of loss will transfer to you upon your (or your agent’s) possession of the Order.
6.3 All goods, delivered or not, remain the property of BusinessPrinting.com until payment is received in full.
7. USE OF BUSINESSPRINTING.COM DESIGNS AND TEMPLATES
7.1 The images of products and template designs on our Site are for illustrative purposes only.
7.2 The Site and all intellectual property rights therein (including all text, imagery, template designs, trade names and logos) are owned by, or licensed to, BusinessPrinting.com.
7.3 You may use our Site and the template designs for the purpose of creating products and placing Orders, but such use shall not transfer ownership of any part of our Site or our intellectual property rights to you.
7.4 If you use any of our template designs on the Site in creating your products, BusinessPrinting.com will grant to you a royalty-free, non-exclusive, perpetual, non-transferable license to use that template design in your advertising and marketing as part of the Services; however template designs on products intended for sale or resale by you is strictly prohibited.
8. PRODUCTION READY ORDERS; CONTENT REQUIREMENTS AND APPROVAL
8.1 You are fully responsible for reviewing and proofing the content of your Order, including the layout and content of any artwork you submit to BusinessPrinting.com. BusinessPrinting.com does not assume any obligation to determine or verify if your artwork or production files are production ready.
8.2 You are 100% responsible for the accuracy of your artwork files and BusinessPrinting.com has no liability for any errors made by you, including, but not limited to errors such as:
8.2.1 Misspellings, grammar, punctuation;
8.2.2 damaged fonts, transparency issues;
8.2.3 low resolution or inferior quality graphics and images;
8.2.4 incorrect dimensions, size, orientation, color selection, product type, paper and finish;
8.2.5 incorrect file layout for folding, scoring, hole drilling, dies cutting or other custom Services.
8.2.6 Incorrect quantity and duplicate orders;
8.3 After you approve your Order, BusinessPrinting.com personnel may (but are not obligated to) stop production and contact you if they believe the artwork provided is defective or incorrect. It is your responsibility to either provide the corrected artwork or give permission for BusinessPrinting.com to make the necessary changes (charges will be applicable). If you choose to proceed without making the advised corrections, then you do so at your own risk. BusinessPrinting.com is not responsible for any delay in shipping your Order due to improperly prepared files or for the quality of your print Order if you choose to proceed without making the advised corrections.
8.4 By submitting your artwork files to BusinessPrinting.com, you represent and warrant that you have the right to use the image(s) in your artwork files.
8.5 You agree that you WILL NOT submit to BusinessPrinting.com any artwork files, text, or images which:
8.5.1 Could infringe a third party’s intellectual property rights including, but not limited to copyrights, trademarks and rights of privacy/publicity;
8.5.2 Are "one-of-kind" transparencies, artwork or prints (and expressly agree that BusinessPrinting.com is not responsible for loss or damage of such images); or
8.5.3 Contain any of the following:
184.108.40.206 Sexually explicit material, including obscenity, pornography or nudity;
220.127.116.11 Violently explicit material, including material that can be reasonably viewed at offensive, harassing, threatening, or promotes hate or violence;
18.104.22.168 Material that encourages or glorifies drug use/abuse;
22.214.171.124 Material that is libelous or defamatory;
126.96.36.199 Material that could be reasonably viewed as discriminatory;
188.8.131.52 Material that could give rise to any civil or criminal liability under applicable law, including the submission images which appear similar to currency; or
184.108.40.206 Material that contains a virus or other harmful component.
8.6 You accept full legal liability for the content of material processed and printed on your behalf, at your direction or at your request.
9.1 BusinessPrinting.com is proud to offer our customers Perfect ProofTM service. A Perfect ProofTM is a physical representation of your Order
9.2 When you order a Perfect ProofTM, BusinessPrinting.com will guarantee a 90% color match of your Order and your Perfect Proof.
9.3 For standard website products, a Perfect ProofTM ordered by 12:00 p.m. (Noon) will ship or be available for pick up by 6:00 p.m. the same day. Orders for a Perfect Proof after 12:00 p.m. (Noon) will ship or be available for pick up by 6:00 p.m. the following business day. If your job is for a custom product that cannot be configured online, the Perfect Proof will not be completed within 24 or 48 hours. Upon request, your account manager will advise you of the turnaround time for your custom product.
9.4 If you do not like your Perfect ProofTM, BusinessPrinting.com will:
9.4.1 print and ship as many Perfect Proofs of your Order (additional charges apply), per your specifications, until you are completely satisfied; or
9.4.2 cancel your Order at your request and issue a refund of your Order less BusinessPrinting.com’s cost at the time of cancellation.
9.5 For Orders that do not include a Perfect ProofTM, BusinessPrinting.com guarantees that your Order will meet industry standards for pleasing color. Because of differences in equipment, monitors, paper, inks, and other conditions between color proofing and production pressroom operations, a variation in color between electronic color proofs and the completed job is to be expected. When variation of this kind occurs, it will be considered acceptable performance and within industry standards.
10. PRINT TURNAROUND TIME
10.1 Print Turnaround Times for standard web products do not include shipping time and begin only when the following criteria have been met:
10.1.1 Your Order has been placed, confirmed and payment received (unless on commercial credit terms);
10.1.2 You have provided your artwork files for your Order to BusinessPrinting.com;
10.1.3 You have viewed and approved your artwork (soft proof or Perfect Proof)
10.2 BusinessPrinting.com offers its customers several Print Turn Around Times from which to choose at the time you place your Order:
10.2.3 Three Day: All production ready Orders received, accepted and approved no later than 12:00 A.M (Midnight) will be ready for shipping or pick up by 6:00 pm three (3) business days following the day of such receipt, acceptance and approval. One (1) business day will be added to the Print Turn Around Time for all production ready Orders placed and confirmed after 12:00 A.M. (Midnight).
10.2.4 Five Day: All production ready Orders received, accepted and approved no later than 12:00 A.M (Midnight) will be ready for shipping or pick up by 6:00 pm five (5) business days following the day of such receipt, acceptance and approval. One (1) business day will be added to the Print Turn Around Time for all production ready Orders placed and confirmed after 12:00 A.M. (Midnight[WV2] ).
10.3 All cut-off times are on Central Time (CT) and exclude Saturdays, Sundays and holidays.
10.4 Once you approve your Order to enter production, Print Turnaround Time cannot be changed, and billing charges will not be reversed or refunded.
10.5 If a job ships later than the calculated ship date at the time your proof has final approval by you, the remedy, at the sole discretion of BusinessPrinting.com, is to refund the difference in price between the turnaround time ordered and the turnaround time received.
11. MAILING SERVICES
11.1 Mailing list(s) provided or uploaded by you (“Your Mailing Lists”) are and will remain your exclusive property.
11.1.1 BusinessPrinting.com will use Your Mailing Lists only per your instructions.
11.1.2 BusinessPrinting.com will not sell Your Mailing Lists or use it for any other person or purpose.
11.2 It is your responsibility to
11.2.1 check Your Mailing Lists for accuracy; and
11.2.2 understand and comply with all applicable federal, state and local laws, rules and regulations regarding direct mail marketing before placing your Order with Pro Print for any mailing services.
11.3 BusinessPrinting.com’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service ("USPS Business Mail Entry Unit”).
11.3.1 BusinessPrinting.com is not liable for USPS errors, including performance failures, lost mail or delivery delays.
11.3.2 BusinessPrinting.com is not liable for returned mail pieces that are undeliverable for any reason.
11.3.3 In no event will BusinessPrinting.com be liable for any consequential or incidental damages, including loss of business and loss of profits.
11.4 You agree to defend and hold BusinessPrinting.com harmless against any claim brought against BusinessPrinting.com by others for alleged damages, costs, expenses (including reasonable attorney's fees), liabilities or losses resulting from or related to circumstances where, acting as your agent, uses any material that is believed by others to be defamatory, degrading, or harmful to their reputations, good will, or standing in the community or which in BusinessPrinting.com’s sole judgment is an infringement on a copyright, or trademark, or trade name, or service mark belonging to others resulting from or related to any mailing service including mailing lists purchased by you from BusinessPrinting.com and/or its third party vendors (“Purchased Lists”).
11.5 You acknowledge and agree that you have no ownership or other proprietary rights to the data in any Purchased List.
11.6 Purchased Lists are:
11.6.1 available for your marketing purposes only;
11.6.2 subject to BusinessPrinting.com’s third-party vendor’s rules and restrictions;
11.6.3 not transferrable to other parties by sale or otherwise; and
11.7 Postage for Purchased Lists are refundable upon request for quantities that did not mail due to invalid addresses in your Purchased List, or if the Purchased List consisted of fewer addresses than the quantity ordered, provided the minimum mailing quantity must be met before any postage is refunded.
12.1 BusinessPrinting.com stands behind its Services and guarantees that our printed products will not be defective in accordance with industry standards.
12.2 If you believe that your print Order is defective, or if you are not 100% satisfied with the Services BusinessPrinting.com has provided to you, please contact BusinessPrinting.com’s Customer Service team within thirty (30) days of delivery of your Order. If we do not hear from you within such time period, BusinessPrinting.com will assume your print Order was satisfactory upon your receipt and BusinessPrinting.com will be under no obligation to address your concern or take any action whatsoever.
12.3 If you contact us within thirty (30) days of receiving your Order, we will determine in our sole discretion what action, if any, is appropriate or advise you if more information is needed to make such determination, which may include digital photos documenting the defect and/or shipping the defective product back to BusinessPrinting.com. If we request additional information/documentation to verify your claim and it is not provided within a reasonable time, BusinessPrinting.com will be under no obligation to further address your concern or take any action whatsoever.
14. DISCLAIMER OF WARRANTY
14.1 THIS SITE, INCLUDING ALL SITE CONTENT, FUNCTIONS, FEATURES, SERVICES AND INFORMATION IS PROVIDED ON “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE MAXIMUM EXTENT PROVIDED BY LAW, INCLUDING BUT NOT LIMITED TO, MERCANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND COURSE OF DEALING OR PERFORMANCE.
14.2 14.2 BUSINESSPRINTING.COM DOES NOT WARRANT OR REPRESENT THAT THE SITE, SITE CONTENT, FUNCTIONS, FEATURES OR SERVICES WILL BE TIMELY, SECURE, ERROR FREE OR UNINTERRUPTED.
15. LIMITATION OF LIABILITY
15.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER BUSINESSPRINTING.COM, NOR ITS SUBSIDIARIES, AFFILIATES, RELATED ENTITIES, DISTRIBUTORS, LICENSORS, ADVERTISERS OR SPONSORS, AND/OR OUR AND THEIR RESPECTIVE MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS AND/OR OTHER AUTHORIZED REPRESENTATIVES, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, OR DISTRIBUTION OF THE SITE OR THE SERVICES (COLLECTIVELY, THE “COVERED PARTIES”) ARE RESPONSIBLE OR LIABLE TO YOU OR ANY PERSON OR ENTITY WHATSOEVER FOR ANY INJURY, DEATH, LOSS, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOOD WILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS BASED UPON, RESULTING FROM, OR ANY WAY CONNECTED WITH:
15.1.1 YOUR USE OF OR YOUR INABILITY TO ACCESS OR USE THE SITE OR ANY FEATURE, SOFTWARE, INFORMATION, SERVICE OR CONTENT INCORPORATED THEREIN;
15.1.2 THE ALTERATION OF, DELETION OF, CORRUPTION OF, UNAUTHORIZED ACCESS OF, OR FAILURE TO STORE, ANY MATERIAL, CONTENT, FILES AND OTHER DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE USE OF THE SITE;
15.1.3 ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE;
15.1.4 YOUR FAILURE TO PROVIDE BUSINESSPRINTING.COM WITH ACCURATE AND/OR ERROR FREE MATERIALS, OR FILES OR INFORMATION;
15.1.5 YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.1.6 ANY CHANGES BUSINESSPRINTING.COM MAY MAKE TO THE SITE;
15.1.7 ANY ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE; OR
15.1.8 ANY OTHER MATTER UNDER ANY THEORY OF LAW RELATING TO THE SITE OR THE SERVICES OFFERED ON THE SITE.
15.2 THE FOREGOING LIMITATIONS OF LIABILTY SHALL APPLY WHETHER OR NOT BUSINESSPRINTING.COM HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES ARISING.
15.3 IN THE EVENT THAT IT IS DETERMINED THAT ONE OR MORE OF THE FOREGOING EXCLUSIONS ARE NOT PERMITTED, YOU HEREBY EXPRESSLY AGREE THAT IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM OR RELATED TO THESE TERMS OR PROVISION OF SERVICES EXCEED THE AMOUNT PAID BY YOU TO BUSINESSPRINTING.COM FOR THE SERVICES THAT GAVE RISE TO THE CLAIM.
15.4 YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, OR RELATED TO, THE SITE, THESE TERMS OR THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16.1 You agree that you shall indemnify and defend and hold the Covered Parties harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to reasonable attorneys' fees) that, directly or indirectly, arise out of or are related to: (i) your use of the Site or the Services; (ii) your breach of any provision of the Terms; (iii) any of your activities conducted in connection with the Site, your use thereof, and/or the Services ordered by you; and/or (iv) any allegation that any content or materials provided by you, or incorporated into Services ordered from BusinessPrinting.com at your request that were not part of the standard materials provided by BusinessPrinting.com) infringes upon the rights or harms the reputation or good will of a third party.
17. INTELLECTUAL PROPERTY
17.1 The Site, including its layout, design and content, including but not limited to, text, graphics, code, designs, trademarks, forms, templates, artwork, photographs, images, fonts, software tools, audio clips and other information hosted on the site, (collectively, the ‘Site Content"), is owned by BusinessPrinting.com or those parties from whom BusinessPrinting.com has licensed such property. All rights to the Site Content are reserved and is protected by United States Copyright laws. Your use of this Site and/or any Site Content does not grant to you any interest of whatsoever to the Site Content.
17.2 You agree not to use the Site or Services offered by BusinessPrinting.com to infringe the intellectual property rights of others in any way; You will be solely and fully responsible for any claims or other losses arising out of your actual or alleged infringement of any such rights.
17.3 In addition (and without limitation), BusinessPrinting.com reserves the right, with or without notice, to terminate your account if you infringe (or are alleged to have infringed) the copyrights or other intellectual property rights of any third party and/or refuse to provide you Services.
17.4 You agree that BusinessPrinting.com is a “service provider” under the United States Digital Millennium Copyright Act (DMCA).
17.5 We expect all users of our Site to comply with applicable copyright laws. If, however, you are a third party and believe that your work has been copied in a way that constitutes copyright infringement, please provide BusinessPrinting.com with the following information:
17.5.1 a description of the copyrighted work that you claim has been infringed with a supporting photograph is possible;
17.5.2 information reasonably sufficient to permit us to locate the material that you claim is infringing;
17.5.3 your address, telephone number, and email address;
17.5.4 a statement that your claim of infringement is based on a good-faith belief;
17.5.5 a statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
17.5.6 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
17.5.7 Send the written communication to:
3209 Commander Drive
Carrollton, TX 75006
Attn: General Counsel
17.6 If we receive proper notification of claimed copyright infringement, our response to such notice(s) we will follow the procedures outlined herein and in the DMCA.
18.1 BusinessPrinting.com, the BusinessPrinting.com logo, Perfect Proof and other marks indicated on the Site are trademarks of BusinessPrinting.com and may not be used, copied, reproduced, republished, downloaded, uploaded, posted, distributed or transmitted in any way or by any mean without BusinessPrinting.com’s prior written consent.
18.2 All custom graphics, page headers, button icons, and scripts are the trademarks or trade dress of BusinessPrinting.com and may not be copied or used whatsoever without BusinessPrinting.com’s prior written consent.
18.3 All other trademarks not owned by BusinessPrinting.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BusinessPrinting.com.
18.4 Except where expressly provided otherwise by BusinessPrinting.com, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a trademark, copyright, or proprietary right of BusinessPrinting.com or third party.
18.5 You may not use any meta-tags or other "hidden text" utilizing BusinessPrinting.com’ s name or trademarks without BusinessPrinting.com’s prior written consent.
18.6 BusinessPrinting.com prohibits the use of trademarks as a "hot" link on, or to, any other website unless establishment of such a link is pre-approved by BusinessPrinting.com in writing.
19. PRODUCTION SCHEDULES
19.1 Production schedules will be established by BusinessPrinting.com. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of BusinessPrinting.com. In such cases, schedules will be extended by an amount of time equal to the delay incurred.
20.1 BusinessPrinting.com will retain artwork files and other intermediate materials for a reasonable period of time until you have accepted the related end product. BusinessPrinting.com will store artwork files and other intermediate materials for an additional period for additional charge if requested by you. In no event will BusinessPrinting.com be liable for any loss or damage to stored material beyond what is recoverable by BusinessPrinting.com’s fire and extended insurance coverage.
21.1 BusinessPrinting.com charges sales tax on all Orders picked-up from or shipped to addresses in accordance with state and local regulations unless you are tax exempt. No tax exemption will be granted unless your “Exemption Certificate” (or other official proof of exemption) accompanies your Order. If, after you have paid for your Order, it is determined that more tax is due, then you must promptly remit the required taxes to the taxing authority, or immediately reimburse BusinessPrinting.com for any additional taxes paid.
22. APPLICABLE LAW/ EXCLUSIVE JURISDICTION
22.1 The Site and the Services are created, controlled, operated and produced by BusinessPrinting.com from its facilities within the State of Texas, USA and is not intended to subject BusinessPrinting.com to the laws or jurisdiction of any state, country or territory other than that of the State of Texas. BusinessPrinting.com makes no representation that the Site or the Services are appropriate or available for use in other locations.
22.2 If you choose to access the Site or use BusinessPrinting.com’s Services, you do so on your own initiative and are responsible for compliance with local laws, rules and regulations, if and to the extent such local laws rules and regulations are applicable.
22.3 These Terms shall be governed by, construed, and enforced in accordance with the laws of the State of Texas, as it is applied to agreements entered into and to be performed entirely within such State, without giving effect to any principles of conflicts of laws.
22.4 YOU CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE STATE AND FEDERAL COURTS LOCATED IN DALLAS COUNTY, DALLAS, TEXAS FOR ALL DISPUTES ARISING OUT OF, OR RELATING TO, THESE TERMS, THE SITE OR THE SERVICES.
22.5 You agree that a breach of these Terms will cause irreparable injury to BusinessPrinting.com for which monetary damages would not be an adequate remedy and BusinessPrinting.com shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
23. CONTACTING US
23.1 Please do not hesitate to contact us regarding any matter relating to these Terms. Questions, comments, remarks, suggestions, opinions, ideas, requests and other feedback (collectively, your “Comments”) regarding these Terms and our Services are welcomed and should be sent to us by email at [email protected] or by post to BusinessPrinting.com, 3209 Commander Drive, Carrollton, TX 75006. You are also welcomed to call us at 214.461.1058
23.2 All Comments you submit, provide or disclose to us in connection with your use of our Site or our Services shall become the exclusive property of BusinessPrinting.com. BusinessPrinting.com and any Covered Party shall have the right to use your Comments throughout the universe and in perpetuity in any medium, now or hereafter known, including without limitation by means of the internet, email, social media or other digital media, and in advertising, marketing, and any other purpose BusinessPrinting.com determines in its sole discretion without obtaining your specific consent. You hereby relinquish all rights, including personal and proprietary rights to all such Comments.
23.3 Notwithstanding the above, BusinessPrinting.com is not obligated to use, to maintain or respond to your Comments If BusinessPrinting.com uses your Comments, BusinessPrinting.com shall have the right to designate your first name and last initial and city of residence in connection with its use. You acknowledge and agree that you will not be entitled to any compensation from any Covered Party, whether or not your Comments are used as provided herein.
24.1 Third Party Links. A link to a website that is not owned, operated or controlled by us or our affiliates are provided as a convenience to you. Websites linked to or from the BusinessPrinting.com Site does not mean we endorse, warrant, guarantee or accept any responsibility for the content or the use of such website. Your access and use of such websites are your responsibility and at your sole risk.
24.2 Section Headings. Sections and section headings are only for convenience of reference and do not, in any way, limit in part or whole, or otherwise define the terms or affect the interpretation of these Terms and the Agreement between you and BusinessPrinting.com.
24.3 No Waiver. The failure by either you or BusinessPrinting.com to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
25.1 BusinessPrinting.com reserves the right to terminate or suspend your access to all or part of the Site, with or without notice and for any reason.
25.1.1 Termination by BusinessPrinting.com may also include deletion of your password, art files and or other content associated with your account (or any part thereof), and any other steps BusinessPrinting.com deems appropriate in its sole discretion.
25.1.2 If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site and BusinessPrinting.com’s Services.
25.2 The following activities are prohibited, each of which shall constitute a material breach of these Terms:
25.2.1 Misrepresenting your identity, impersonating another person or allowing another person to impersonate you, or using or attempting to use another’s account;
25.2.2 Copying, using, disclosing or distributing any information obtained from the Site, whether directly or through third parties, without the written consent of BusinessPrinting.com;
25.2.3 Using software, devices, scripts, robots, hypertext links, or any other means or processes (including deep-links, spiders, page-scrapes, indexes, click spam, crawlers, algorithms, browser plugins and add-ons or any other technology or methodology) to (a) scrape, copy, obtain or otherwise acquire data from the Site, or (b) generate impressions, clicks or searches on the Site;
25.2.4 Overriding or attempting to override any security feature or bypassing or circumventing any access controls or other use limits of the Site;
25.2.5 Posting or distributing anything that contains software viruses, worms, or any other harmful code;
25.2.6 Reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for the Site or any related technology that is not open source;
25.2.7 Monitoring the Site’s availability, performance or functionality for any competitive purpose;
25.2.8 Engaging in “framing,” “mirroring,” “rendering,” or otherwise simulating the appearance or function of the Site;
25.2.9 Interfering with the operation of, or placing an unreasonable load on, the Site (e.g., spam, denial of service attack, viruses, gaming algorithms);
25.2.10 Disguising the origin of information transmitted to, from, or through the Site; and/or
25.2.11 Using the Site for any purpose in violation of local, state or national laws.
26. ENTIRE AGREEMENT; SURVIVAL
26.2 If any provision of this Agreement is determined by a competent court at law to be invalid, unlawful or unenforceable, then such provision shall be enforced to the fullest extent possible so as to uphold the intent of these Terms; The validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired and shall continue in full force and effect.
26.3 All provisions in these Terms regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of these Terms or the termination of our account or use of the Site or Services.