Terms & Conditions
last updated: March 1, 2013
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. WHEN YOU ACCESS, BROWSE AND/OR USE THIS WEB-SITE (INCLUDING THE ORDERING OF PRODUCTS THROUGH THIS WEBSITE) YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS & CONDITIONS STATED BELOW AND ALL APPLICABLE LAWS.
IF YOU DO NOT AGREE TO BOUND BY THIS WEB-SITE'S TERMS & CONDITIONS AND APPLICABLE LAW, OR IF YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS WEBSITE.
NOTE: AS MORE FULLY EXPLAINED BELOW, Primo Print® RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THIS SITE IS AND SHALL BE DEEMED TO BE YOUR AGREEMENT TO BE BOUND BY ANY SUCH MODIFICATIONS, ALTERATIONS OR UPDATES.
RELATED POLICIES AND TERMS
There are certain additional policies, terms and conditions that apply to the use of specific portions of this Web Site, and to the purchase of products from Primo Print®. These additional policies, terms and conditions are included as and shall be deemed to be part of these Terms and Conditions (collectively all such terms and conditions are referred to as the "Site Terms"). Please refer to and review all additional specific terms and conditions, including the following:
The Site Terms apply exclusively to your access and/or use of this Web Site and do not alter in any way the terms or conditions of any other written agreement you may have with Primo Print®.
Primo Print® values its customers' privacy. Please make sure you review the Privacy Statement section of this Website so that you may understand how Primo Print® collects and uses information.
MODIFICATION OF SITE TERMS
Primo Print® reserves the right to modify, change and/or amend the Site Terms (these Terms and Conditions and/or one, more or all of the additional terms and policies reference above) from time to time. The right to modify, change and/or amend the Site Terms is exclusive to and within the sole and exclusive discretion of Primo Print®.
If the Site Terms are changed, modified and/or amended, Primo Print® will post the new terms on this Website and the "last updated" date relevant to the terms and conditions containing the change will be changed. Any changes, modifications and/or amendments will be effective upon the posting of the revised terms to this Website. By agreeing to these Site Terms you are also agreeing that the posting of any such changes constitutes notice to you of the changes, modifications and/or additions and you acknowledge that it is your responsibility to review these Site Terms (and each of the components thereof) each time you visit or use this Website.
If you do not agree with any change, modification or amendment Primo Print® may make to the Site Terms you may withdraw your consent to and agreement to be bound to them by notifying Primo Print® in writing immediately. If you withdraw your consent, however, you must immediately discontinue your use of your account and this Website. Your account will be deactivated and you and will no longer be eligible to use this Website or order further products or services from Primo Print®. If your account is deactivated, this will not affect your responsibility for payment of jobs already competed and/or in production.
Primo Print® may from time to time elect, in its sole discretion, to notify you of changes to its Site Terms and policies via additional means such as e-mail (in addition to posting the changes to this Website). The fact that on one or more occasions Primo Print® has elected to notify you via such additional means does constitute an agreement of any kind by Primo Print® that it will do so in the future; the posting of modifications, changes and/or amendments to this Website remains effective notice of such modifications, changes and/or amendments.
Your use of this Website constitutes your agreement and consent that Primo Print® may communicate with you electronically for all purposes. This includes all legal and notice requirements. Such electronic communications may take the form of postings to this Website and/or e-mails forwarded to the e-mail address you provide when you register with Primo Print®. Your may withdraw your consent to receive electronic communication at any time, but if you withdraw your consent it will only be effective prospectively (not for jobs already ordered or in production). Your account will be deactivated and you will no longer be eligible to use this Website to order further products or services from Primo Print®. If your account is deactivated, you will remain responsible for payment of print jobs already completed or in production.
This electronic document, together with any other electronic documents, policies and guidelines incorporated herein, as well as any e-mail communication with you, will be deemed for all purposes to be a "writing" or "in writing," and shall comply with all statutory, contractual, and other legal requirements for a writing. All such electronic documents shall be legally enforceable as a signed writing as against the parties subject to the electronic documents. They shall be deemed an "original" when printed from electronic records that have been established and maintained in the ordinary course of business. Electronic documents that are established and maintained in the ordinary course of business shall be admissible in judicial, arbitration, mediation or administrative proceedings to the same extent as other records in written form that are similarly established and maintained in the ordinary course of business.
You are being provided with a limited license to use this Website and Site Content solely for the purpose of assessing the product and service offerings on the Website, and placing orders for the products and services offered by Primo Print® via this Website. You are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Primo Print® or any third party. You may not use any meta-tags or other "hidden text" utilizing Primo Print® name or trademarks without Primo Print® express written consent. Unless you receive Primo Print® express written consent, you may not:
- resell or make any other commercial use of this Website (or any portion thereof), or the Site Content;
- modify, adapt, translate, reverse engineer, decompile, disassemble or convert into a readable format, any part of this Website or its underlying HTML or other code (except as it may be interpreted and displayed by web browser for purposes of using the Website).
- copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any Site Content (including any Primo Print® trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
- make a derivative use of the Website and/or any Site Content; or
- utilize data mining, gathering or extraction methods such as bots, spiders, or other automated tools (whether directly or indirectly) to collect information from the Website or any user of the Website.
You agree to abide by these Site Terms and not to use the products and services offered by Primo Print® for any improper, illegal, unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of improper solicitation. Primo Print® may terminate this license and your use of or access to this Website if you make or permit any unauthorized use of this Website or the information, Site Content, services, products and materials contained in or offered through this Website. Such actions by you may also violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.
In order to take advantage of the full functionality of this Website and to order products and services it will be necessary for you to register and establish a membership account with Primo Print®. In the event that updated, new, additional and/or enhanced features are added to this Website, previously registered users will not generally be required to re-register, however, you may be required to re-acknowledge these Terms and Conditions and/or other terms and conditions that may accompany these new features, updates and/or enhancements.
When you register, you agree to provide accurate and current information about yourself (and your company) as requested during the registration process. You also agree to update and maintain your account information so that it remains accurate and current.
As part of the registration process, you will be required to create a User ID and choose a password. It is your responsibility to choose an appropriate password and to keep it confidential. You are responsible for all activities that occur under your User ID and password. If you believe your User ID/password has been compromised in any way you should immediately change it by logging on to your account and then following the instructions for changing your password. You agree that you will immediately notify Primo Print® in the event you become aware of any unauthorized use of your user ID and password.
Customer Provided Content
For certain product and service offerings you may elect to electronically upload or otherwise submit data, text, photographs, graphics, messages or other materials (collectively, "Customer Content") to Primo Print® for inclusion in print products. You understand and agree that you (and any other person from whom it may have originated) are solely responsible for all Customer Content. When you upload, or otherwise provide Customer Content to Primo Print® you warrant and confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process, and you agree to defend, indemnify and hold Primo Print® and its officers, directors, employees, shareholders agent and affiliates, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney's fees incurred by Primo Print® in defending against such suit, demand or claim.
Primo Print® does not maintain Customer Content indefinitely. Customer Content uploaded to the Website with an associated order will be kept on file for a minimum period of up to thirty (30) days. At the end of that time it may be deleted and irretrievable.
You agree that you will not send, upload, post or otherwise transmit to Primo Print® any Customer Content that contains material that: (i) is unlawful, threatening, abusive, defamatory, and/or obscene; (ii) which invades another person's privacy; (iii) which would further the commission or concealment of a crime; (iv) advocates or urges treason, insurrection, sedition or forcible resistance to any law of the United States; (v) is not lawfully yours to transmit; (vi) is the subject of, or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; (vii) contains software viruses, trojans, malware, or other harmful or malicious computer code, or that in any other way would way interfere with or disrupt the services and/or production of Primo Print® and/or or any servers or networks connected to or used in connection with the delivery of such service and production.
You acknowledge that Primo Print® does not pre-screen Customer Content, but that Primo Print® reserves the right to do so at any time and that Primo Print® and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Customer Content and/or to refuse to fulfill a print job or order that violates these Site Terms or that may otherwise be objectionable. You further acknowledge and agree that Primo Print® may preserve Customer Content and may also disclose Customer Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Site Terms; (c) respond to claims that the Customer Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Primo Print®, its employees, users and the public in general.
Regardless of the upload of Customer Content to this Website, and/or the inclusion of Customer Content into any product or service offered through this Website, Primo Print®, retains all of its rights in and to all Site Content on this Website, whether created by, for or on behalf of Primo Print®.
Use of Design Tools
The design tools available on this Website are made available to all users of the Website. In the event you create a design, such as a sign, emblem or logo, you do not obtain any right or claim to any of the individual design elements made available through this Website that enabled the creation of the design, and these design elements are and will continue to be the property of Primo Print® (or the licensor if applicable) and will remain freely available to other Primo Print® customers. Your use of the Site Content provided on this Website and/or the creation of products or materials using such Site Content does not create joint authorship, joint ownership, works made for hire, or any other interest of any kind, with Primo Print® in or regarding such Site Content.
It is solely your responsibility to determine whether any design you may create using the design tools made available to you by Primo Print®, infringes, or may be subject to a claim of infringement upon the trademark, copyright, or other rights of a third party. You should consult with an attorney as to whether a design you create may infringe upon the rights of another party.
This site may contain links to websites that are owned and/or operated third parties, and that are not under the control of Primo Print®. These links are provided only as a convenience. Primo Print® does not evaluate, review, monitor, or endorse the content of such sites and is not responsible in anyway for the information, services, products or other materials available on or offered by such sites, the accuracy of the content on such sites, and /or the privacy, security and safety practices of such sites. You expressly understand and agree that if you access any such sites through a link provided by Primo Print® then you do so at your own risk.
Uploaded Content Requirements
We strongly recommend that content uploaded to Primo Print® for print fulfillment is:
At a minimum of 300 DPI at 1:1 ratio (or 100%). Content that does not meet this standard may experience print or images that are fuzzy, pixilated or otherwise distorted for which Primo Print® does not accept any responsibility. We reserve the right to reject content that does not meet this standard, but we do not assume any obligation to verify that the content meets this criterion.
Designed in CMYK and uploaded to Primo Print® in CMYK with no embedded color profile. (You may upload in RGB or some other standard if you choose, however, the color will be converted and Primo Print® is not responsible for any inaccuracy or color shift that occurs as a result of the conversion).
Primo Print® guarantees that its prints will meet CMYK industry standards. We cannot guarantee "match-print" color fidelity and cannot prevent slight color shift throughout an order. Because we cannot control the color reproduction of a customer's computer monitor, we cannot guarantee that the actual print color will precisely match any preview as it appears your monitor. Primo Print® is not responsible for any color shift in converted photographs (RGB images) with black, near black, or gray tones. Color shifts from a perceived black or gray must be addressed prior to file submission. Proofs do not guarantee black, near black or gray final output. Please note that the application of UV coating may have an effect upon or change the appearance of printed colors. Primo Print® is not liable for the final color appearance of a UV coated product.
Production Turnaround Time
Although we endeavor to ship the quantity ordered, Primo Print® reserves the right to ship within 5% over or under the requested quantity. If a minimum quantity is a necessity we recommend that you adjust the total quantity ordered to account for the possibility of an under run.
Order Approval/ Proofing
Primo Print® has and assumes no obligation to proof or otherwise review the content or layout of your order. Even if a Primo Print® customer service representative has inquired as to the attributes of one of your prior orders, you are not entitled nor should you assume that Primo Print® will review any other order you place. Orders are printed in their "as submitted" form and the customer is fully responsible for final proof and layout verification and approval prior to submission to the print process. Primo Print® DOES NOT make any changes on customer files without notification via email of changes that may be made to ensure that files are properly formatted for print. All such changes will result in new proofs being provided for your approval. Once you submit an order to the print process you are agreeing that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. Primo Print® will assume that you have verified the spelling, grammar, content and layout, etc. are all correct and it will not accept any liability for errors such as misspelling, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc.
Primo Print® does not provide physical proofs of any order. Electronic proofs are provided to our customers as part of the order process. Once your files are uploaded to our site, you will automatically be presented with the preflighted proof. It is your responsibility to verify the proof against the original (and to correct any spelling or grammatical errors, etc), accept, reject or make any changes suggested to your artwork.
Your job will not be processed or deemed production ready until you have approved the proof. To review electronic proofs you must login to your account and click on "Pending Proofs". Please review the proofs carefully (including content, phone, email, spelling, etc). If approved, we will assume your files are print ready and no further changes will be made. If proof is rejected, you will notified to upload new files.
All EDDM® (Retail or Business Mail Entry Unit) products are by default shipped "loose," i.e., they are not bundled to comply with any applicable United States Postal Service ("USPS®") rules or regulations. We offer bundling services on select products for an additional fee.
We do not select or assist in selecting the postal routes for your EDDM® mailing. Please note: we cannot take any responsibility for the layout of your EDDM® mailing piece, including, without limitation, the sufficiency and placement of the address area.
Promotions, Special Offers and Discount Coupons
From time to time Primo Print® may offer promotions and special offers identified by a Coupon Code. Each Coupon Code will have different requirements and rewards. Typically, you will receive a Coupon or an email that contains the Coupon Code. If you receive a Coupon or email that contains a Coupon Code, please read it carefully -- all requirements stated in the Coupon or email must be met in order to receive or take advantage of the promotion or special offer. Unless otherwise stated all Coupon Codes are limited to one-time use and are limited to current Primo Print® account holders in good standing.
Promotions and special offers may be limited to certain account holders.
To take advantage of a promotion or special offer, enter the Coupon Code in the applicable field when placing an order. Not all products are eligible for promotions and special offers. If a Coupon Code does not function when entered, it means the product at issue does not qualify for the promotion or special offer; this determination is final.
A Coupon Code may not be combined with any other promotion, special offer, discount or reward offered by Primo Print® . If you enter a Coupon Code or take advantage of a promotion, special offer, discount or reward, you will not be able to enter another Coupon Code or take advantage of any other promotion, special offer, discount or reward.
Coupon Codes only apply to products ordered through Primo Print®’s website; they may not be used in conjunction with the purchase of products sold by or under the brands of third parties (including, Primo Print® affiliates and/or websites linked to any existing Primo Print® website).
Coupon Codes cannot be used to pay for taxes, shipping and handling or other charges. If the promotion or special offer has a minimum purchase requirement, taxes, shipping and handling and other charges do not apply towards the minimum purchase amount.
If a promotion or special offer is for a defined amount (e.g. $10.00 off) and applies to a multiple- item order (e.g., multiple sets of business cards), it will be allocated to each eligible item based on the proportion of the item's value to the total value of all eligible items, excluding shipping and handling, taxes and other charges. Certain items may not be eligible for the promotion and will not be included in the calculation.
Promotions and special offers are only valid for a limited time. They will expire on the date or within the timeframe specified in the offer. If no date or timeframe is specified, a promotion or special offer is valid until the end of the month is which the Coupon Code is first eligible for use.
Coupon Codes (and the Coupons or emails that contain them) are not for resale, have no independent cash value, are not redeemable for cash, and will not be replaced if lost, stolen or deleted.
Coupon Codes will not be retroactively applied against orders already placed with Primo Print®.
If a Coupon Code is used and the entire order is cancelled or rejected, or if you return all items in the order then, subject to the terms of our Returns/Refund/Reprint Policy, you will be refunded only the actual amount paid. The coupon code will no longer be valid.
If only part of your order is cancelled or rejected, or if you return only some of the items in your order, then subject to the terms of our Returns/Refund/Reprint Policy, the relevant discount or promotion will be applied to the item(s) that are kept. The foregoing notwithstanding, under no circumstances will a promotion or special offer of any kind be applied to create a credit balance. If the balance of a partially canceled, rejected or returned order is less than the value of the promotion or special offer, the promotion or special offer will be applied to the outstanding balance (not including shipping and handling, taxes and other charges). The balance of the promotion or special offer is void, and the Coupon Code will no longer be valid.
Primo Print® reserves the right to discontinue a promotion or special offer or coupon at any time and with immediate effect.
All prices and dollar amounts on this Website are in United States dollars. Primo Print® presently accepts the following credit cards: VISA, MasterCard, American Express, and Discover. We reserve the right to stop accepting credit cards from one or more issuers.
Primo Print® also accepts PayPal as an acceptable form of payment.
In order for you to register with and order products and services from Primo Print® it is necessary for you to provide and keep on file a valid, authentic and current credit card, which you are authorized to use. By submitting a credit card number to Primo Print® you are representing and warranting that the credit card information you provide is valid, authentic, current, and one that you are authorized to use it. You agree that in the event the credit card information you have provided becomes invalid, out of date or that you are no longer authorized to use the card, you will immediately provide another credit card number that is valid, authentic and current, and which you are authorized to use. Some electronic transactions may require extended processing in addition to credit card authorization. You will be notified by a Primo Print® customer service representative if extended processing is required to complete your transaction request through our Website. This may affect to your estimated delivery date.
Unless Primo Print® agrees otherwise, all product and service orders must be paid for at the time of the order and accompanied by an authorization to charge a credit card on file with Primo Print® or to charge a valid, authentic and current credit card, which you are authorized to use, that you provide at the time of the order. (If new credit card information is provided at the time of the order it will be added to the credit card information kept on file; Primo Print® will not assume that previously provided credit card information is not valid). If a charge against a credit card you provide is not authorized or accepted, or is subsequently refused or rejected, we reserve the right to cancel your order without notice or liability.
In the event you make one or more changes to an existing order that incur additional charges, those charges will be applied to the credit card that was used for the original order, or to an alternative credit card that you provide to us.
In the event that Primo Print® and you have agreed upon an alternative method of payment and the payment is not received within 5 business days of the date on which payment was due you hereby irrevocably agree that Primo Print® may charge one or more of the credit card(s) you have on file for the full amount of your outstanding account balance.
A print order or job can be canceled at any time prior to it being assigned a Job Status. If you cancel an order prior to it being assigned a Job Status a Primo Print® Customer Service representative will inform you of any cancellation charges incurred. (Please allow at least 10 business days for any refunded monies to be credited to your account). A print order cannot be canceled and no refund will be given once it has a Job Status or any process thereafter. No refunds are issued for Logo and Graphic design services.
Copyright Ownership. This Website, the Website layout and design, and all Website page themes and skins are the property of Primo Print® and are protected by U.S. and international copyright laws. All content of the Website, including without limitation, HTML text, graphics, other files, code, software layout, designs, forms, templates, artwork, photographs, images, document layouts, text, fonts, music, software tools, and other information, either alone and/or as compilation thereof (collectively, the ‘Site Content"), constitutes the copyrighted property of Primo Print® or of those parties from whom Primo Print® has licensed such property, and is protected by United States, international and other laws. Primo Print® reserves all rights in and to this Website and the Site Content worldwide. Your use of this Website and/or any Site Content does not convey to you or any other person an interest of any kind to the Site Content. Primo Print® reserves the right to add to, delete from, or modify any part of the Site Content at any time without prior notice.
Trademarks. "Primo Print®," and their respective designs and/or logos, are either trademarks or registered trademarks of Primo Print® and may not be copied, imitated or used, in whole or in part, without the prior written permission of Primo Print®. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of Primo Print®, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Primo Print®. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.
Restrictions on Use. Except as expressly stated in the Site Terms, none of the materials and Intellectual Property described herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Primo Print®, or the respective intellectual property owner. Any use of Site Content -- including any commercial use, reproduction for purposes other than as permitted under these Site Terms, modification, distribution, republication, display, or performance -- without the prior written permission of Primo Print® is strictly prohibited.
Software. Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on or through this Website is licensed to you by Primo Print® on a non- exclusive and limited basis solely for the purpose of creating and ordering print products or services from Primo Print®. Primo Print® does and shall retain full and complete title and all intellectual property rights to such Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such Software.
DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY
THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Primo Print® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE. Primo Print® DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, THAT THE SERVICES AND PRODUCTS OFFERED WILL MEET THE USER'S REQUIREMENTS, OR THAT THE SERVICES AND PRODUCTS WILL BE PROVIDED IN A TIMELY, UNINTERRUPTED OR SECURE MANNER. Primo Print® IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. Primo Print® DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES, TROJANS, MALWARE, OR OTHER HARMFUL OR MALICIOUS COMPONENTS, EVEN IF Primo Print® OR IT'S AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF SUCH POSSIBILITY. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.
IN NO EVENT SHALL Primo Print®, OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, BE LIABLE (JOINTLY OR SEVERALLY) TO ANY PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY KIND OR NATURE ,UNDER ANY LEGAL THEORY, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS AND/OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT Primo Print® HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR PERFORMANCE OF THIS WEBSITE; (2) ERRORS OR FAULTS IN THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE; (3) THE USE OF INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS PROVIDED THROUGH THIS WEBSITE; (4) THE INABILITY TO USE THIS WEBSITE, ANY PART OF THIS WEBSITE, OR ANY FUNCTION OFFERED BY THE WEBSITE; (5) A FAILURE TO PROVIDE PRODUCTS OR SERVICES ORDERED FROM Primo Print® (OR ANY AFFILIATE THEREOF) FOR ANY REASON INCLUDING ANY LOST, CORRUPTED OR DAMAGED CUSTOMER DATA, NON-DELIVERY, MIS-DELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS; (6) MISTAKE, OMISSION, DELAY, OR INTERRUPTION OF SERVICE; AND/OR (7) CONTAMINATION BY VIRUS, TROJAN, OR MALWARE OF ANY KIND.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
Primo Print®, TOGETHER WITH ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, SHALL NOT BE RESPONSIBLE FOR ANY DIRECT DAMAGES, AND SHALL NOT PROVIDE ANY CREDIT, REFUND OR ADJUSTMENT OF ANY KIND OR NATURE THAT IS IN EXCESS OF THE AMOUNT ACTUALLY PAID TO Primo Print® (AFTER ACCOUNTING FOR AND DEDUCTING, AS APPLICABLE, SPECIAL OFFERS, DISCOUNTS, REWARDS POINTS, ETC.) FOR THE PRINTED PRODUCT (AND SHIPPING COSTS IF APPLICABLE) AT ISSUE.
UNDER NO CIRCUMSTANCES WILL Primo Print® BE LIABLE TO YOU IN ANY WAY FOR ANY SITE CONTENT YOU MAY BE EXPOSED TO THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE.
The Site Terms and your use of this Website shall be governed by and construed in accordance with the laws of the State of North Carolina, without resort or giving effect to conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these Site Terms and/or your use of this Website shall be filed and adjudicated only in the federal or state courts located in Charlotte, North Carolina, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of or under these Site Terms and or your use of this Website. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
You agree that you shall indemnify and defend and hold Primo Print® and its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives, harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys' fees) that, directly or indirectly, arise out of or are related to: (i) your breach of any provision of the Site Terms; (ii) any suit, claim, or demand arising from or relating to an allegation that any Customer Content provided by You, or any other text, photograph, image, graphic or other material you incorporated into products or services ordered from this Primo Print®, that was not part of the standard Site Contents, infringes up the rights of a third party (iii) and/or (c) any of your activities conducted in connection with this Website, your use thereof, and/or the products and services ordered through this Website.
SECURITY AND PRIVACY
To order products from Primo Print® it will be necessary for you to provide certain personal data or other information to this Website via the Internet and we are committed to taking all reasonable steps to safeguard your personal data or other information. We use secure servers and encryption software and various other precautions, but no system is infallible. Such information could potentially be subject to interception or alteration by third parties and it is not possible for Primo Print® to guarantee absolute confidentiality or security. The information Primo Print® collects and how it that information is the subject to Primo Print® Privacy Statement.
Primo Print® may suspend or terminate your account and or your right to utilize the services made available through this Website in the event that it determines or has reasonable grounds to suspect that you are in violation of the Site Terms.
Notwithstanding any of these Site Terms that may suggest otherwise, Primo Print® reserves the right, without notice and in its sole discretion, to terminate your right to use this Website for any reason or no reason at all, and to block or prevent future access to and use of this Website by you. In the event your right to use this website is terminated, these Site Terms shall still apply.