123Print.com
Terms of Use
Last Updated: February 11, 2008
Please read these Terms of Use carefully.
They contain important information about your rights and
obligations.
123Print.com (the "Website") is brought to you by 123Print, Inc. ("we"
or "us"). By visiting and/or using the
Website, you fully and unconditionally agree to these Terms of Use. If you do not agree to these Terms of Use,
please do not visit or use the Website.
We may revise these Terms of Use at any time by updating this page. By using the Website, you agree to be bound
by any such changes.
Your
Conduct
Any
information that you submit to us or that we collect through the Website is
subject to our Privacy Policy, the terms of which are incorporated into
these Terms of Use.
Use
of Information Submitted
You
agree that we are free to use any comments, information or ideas contained in
any communication you may send to us, without notice, compensation or
acknowledgement to you, for any purpose whatsoever, including but not limited to
developing, manufacturing and marketing products and services and creating,
modifying or improving the Website or other products or services.
Termination
We
reserve the right in our sole discretion to terminate or restrict your use of
the Website, without notice, for any or no reason, and without liability to you
or any third party.
Copyright
The entire content of the Website, including but not limited to text, graphics
and code, is the property of 123Print, Inc.
Copyright 2008, 123Print, Inc.
ALL RIGHTS RESERVED. We grant you
permission to electronically copy and print hard copy portions of the Website
solely for your own personal, non-commercial use, provided that you do not
change or delete any proprietary notices from downloaded or printed materials. Any other use, including but not limited to
the reproduction, distribution, display or transmission of the Website content
is strictly prohibited, unless authorized by us in writing.
Trademarks
All trademarks, service marks and trade names of 123Print, Inc. used on the Website are trademarks or registered trademarks
of 123Print, Inc. in the U.S.
and/or other countries. They may not be used without our prior express written
permission. All other trademarks that
appear on the Website are the property of their respective owners, who may or
may not be affiliated with, connected to or endorsed by us.
Warranty
Disclaimer & Liability Limit
TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE PRESENT THE WEBSITE "AS IS"
AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR
STATUTORY. WE SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT. We assume no
liability or responsibility for any errors or omissions on the Website; any
failures, delays or interruptions in the Website's accessibility; any losses or
damages arising from the use of the Website; or any conduct by other users of
the Website. We reserve the right to
deliver the Website in our sole and absolute discretion. Some jurisdictions do not allow the
disclaimer of implied warranties, so the foregoing may not apply to you. IN NO EVENT SHALL 123PRINT, INC., ITS
AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS
BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR
THESE TERMS OF USE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF
THE POSSIBILITY OF DAMAGE. Some states
do not allow the exclusion of certain damages, so the above may not apply to
you. If any authority holds any portion
of this section to be unenforceable, then liability will be limited to the
fullest possible extent permitted by law.
Indemnification
You agree to indemnify, defend and hold 123Print, Inc., its shareholders,
officers, directors, employees and agents harmless from and against any
third-party claim or cause of action, including reasonable attorneys' fees and
court costs, arising, directly or indirectly, in whole or in part, out of your
use of the Website or your violation of these
Terms of Use, any law or the
rights of any third party.
Electronic
Notices
By
using the Website, you agree to receive electronic communications from us. You agree that any notice, agreement,
disclosure or other communication that we send you electronically will satisfy
any legal communication requirements, including that such communications be in
writing.
Third-Party Links
The
Website may link to sites operated by third parties. However, we have no control over these linked
sites, all of which have their own terms of use and data collection
practices. These linked sites are only
for your convenience, and you access them at your own risk.
Disputes
Your
use of the Website shall be governed by the laws of Minnesota, without regard to choice of law
provisions. Except where prohibited, you
agree that any and all disputes, claims and causes of action directly or
indirectly arising out of or relating to the Website shall be resolved
individually, without resort to any form of class action, and exclusively in
the state or federal courts located in Nicollet
County, Minnesota.
Any cause of action or claim you may have with respect to the Website must be
commenced within one (1) year after the claim or cause of action arises, or it
shall be forever barred.
General
If any provision of these Terms of Use is held to be invalid or unenforceable,
such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and
in no way define, limit, construe or describe the extent or scope of such
provision. Our failure to enforce any
provision of these Terms of Use shall not constitute a waiver of that or any
other provision. These Terms of Use set
forth the entire understanding and agreement between you and 123Print, Inc.
with respect to the subject matter hereof.
Contact Us
If you
have any questions about these Terms of Use, please contact us at: info@123Print.com
123Print,
Inc.
7430 New Technology Way
Frederick, MD 21703