NOTICE. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS & CONDITIONS STATED BELOW. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, PLEASE DO NOT ACCESS THIS WEBSITE. EZ ONLINE PRINTER RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT ANY NOTICE.
DISCLAIMER OF WARRANTIES
THIS SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. EZ ONLINE PRINTER DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
Customer is fully responsible for final proof and layout approval prior to the printing process.
EZ Online Printer is NOT LIABLE for errors in a final product caused by any of the following reasons:
Misspellings, Graphics, Bleeds, Grammar, Damaged Fonts, Punctuation, Wrong Cuts, Incorrect or Missing Folds, Finished Product Size.
By checking the box before placing your order to EZ Online Printer “I’ve read and accept the terms & conditions”: I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print EXACTLY as it appears in the proof, that I cannot make any changes once my order is placed, and that I assume all responsibility for typographical errors.
EZ Online Printer does not offer customer pickup at this time.
All material and software Copyright (c) 2016 Portside Marketing, LLC DBA EZ Online Printer. All rights are reserved worldwide. It is strictly prohibited to redistribute, copy or republish any of the material and software contained on the EZ Online Printer website and/or its subsidiaries or the copyrighted property of parties from whom EZ Online Printer has licensed such property.
You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the EZ Online Printer Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyrighted materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work. EZ Online Printer policy also states that you cannot use explicit language or pornography on printed materials and merchandise.
You understand that all information, data, text, photographs, graphics, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. This means that you, and not EZ Online Printer, are entirely responsible for all Content that you use from EZ Online Printer Gallery or send, upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of EZ Online Printer or any third party. EZ Online Printer does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will EZ Online Printer be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable.
Products and services are provided for your personal use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
You acknowledge that EZ Online Printer does not pre-screen Content, but that EZ Online Printer and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that EZ Online Printer may preserve Content and may also disclose 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 the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of EZ Online Printer, its users and the public.
CA, KY and TX Brokers: If you are a EZ Online Printer Affiliate, and we do not have a record of Resellers Permit in our files you won’t be qualified for Sales Tax Exemption, please be notified that Sales Tax will apply to all of your orders.
ACCESS TO CONTENT
We advise that you have a copy of all files and content uploaded to EZ Online Printer, as we will not be able to send back any of your files/content at any given time.
After printing, your Content and the Proofs EZ Online Printer sent you may be removed/deleted at any time without notice. Proofs will remain available for a maximum of 3 months. Content and Proofs created by EZ Online Printer’s Design Services will remain available in perpetuity, barring catastrophic data loss.
EZ Online Printer maintains no guarantee that Content uploaded into our system or provided by us as a background or clip art asset will be available in the future.
The internal laws of the State of Texas shall govern the performance of the Agreement, including these Terms and Conditions, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located in Denton County, Texas for all disputes arising out of, or relating to, the Agreement, including these Terms and Conditions and use of this Site.
If any suit or action or other proceeding is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing Party in such suit or action or other proceeding shall be entitled to an award against the other Party for the prevailing Party’s reasonable attorney’s fees and costs incurred both at trial and on any appeal.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EZ ONLINE PRINTER – INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”) – BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. 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 THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO EZ ONLINE PRINTER.
You agree to defend, indemnify and hold harmless the Covered Parties and all parties from whom EZ Online Printer has licensed portions of the Content, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms and Conditions, (C) your dispute with another user, (D) the unauthorized access to any protected area of the Site, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a third party, you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any third party.
EZ Online Printer does not provide any design files. Templates provided for download are for measuremet purposes only.
CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
All artwork or designs and images must be provided in CMYK format, excluding products labeled otherwise*. EZ Online Printer is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes or converting from CMYK to RGB.
All artwork, designs and images must be provided in a minimum of 350 DPI and CMYK color mode (unless otherwise stated). EZ Online Printer is not responsible for images printed as fuzzy, distorted or pixelated due to customer provided artwork.
Additional fees may apply for files larger than 256MB.
*More information in product details and file set up tab.
ADDITIONAL FEES FOR PROCESSING 2ND PROOF
The first proof for each order is free (included in the printing price). Replacing any files after the first proof has been sent will result in additional charges for each file replacement, as files would have to be reprocessed.
A $20.00 reprocessing fee applies to all products. Each round of reprocessing will require the additional fee to be paid.
COLOR PROOFING, MATCHING & PRINTING
EZ Online Printer is not liable for color matching or ink density on screen proofs approved by Customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.
EZ Online Printer will try its best to match the gradient density of each color, but EZ Online Printer is not liable for the final appearance of a color.
Important: Gang-run printing is the process by which multiple (and different) customer jobs are combined on a large print sheet and are run at the same time. For example, we lay out 65 different customer business cards and postcards on one gang-run sheet, and run the sheet 1000 times to get 65 sets of 1000 cards. Each card set is a different card. This process allows us to spread the expensive initial setup cost of running a full-color offset print run among 65 customers.
The application of High Gloss UV Coating may affect or change the appearance of printed colors. EZ Online Printer is not liable for the final color appearance of High Gloss UV-coated product’s.
Greeting Cards: High-quality, full-color digital printing for quantities of 25 and 50. We cannot guarantee the facility in which your order will be printed. In the case of a mechanical issue in one of our facilities, we may print your order in another facility to ensure you receive your order in a timely manner.
ENVELOPES AND LETTERHEADS PAPER EFFECT DUE TO COLOR
Please note that because our letterhead and envelope paper stock is “uncoated”, we do not recommend using colors with high color density. By this we mean dark colors (black, purple, blue, brown, etc). Dark colors tend to get soaked into the paper if their color values are too high. For best results, use light colors.
STICKERS AND ROLL LABELS
Stickers and Roll Labels have not been approved for safety for use on food packaging or for direct contact with food. Do not apply Stickers and Roll Labels to already frozen materials.
EZ Online Printer will be happy to help you cancel your order prior to Approval. However, orders may be eligible for cancellation upon request via email. Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order.
If a job is canceled, any labor hours (proofs, graphic design work, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your refund. The minimum is $15 (15%-30% of the total transaction).
There is a NO REFUND policy for Logo and Graphic Design Service orders that have been placed.
All work and services rendered to Customer remains EZ Online Printer’s property until Customer has paid for it and discharged all other debts owing to EZ Online Printer. If Customer misuses service(s) in any way, EZ Online Printer reserves the right to contact the parties responsible for the misuse, and demand the cost for the service(s).
RETURNS AND REFUNDS
Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit.
Customer must notify EZ Online Printer within 6 business days of order acceptance to notify any defects discovered in the ordered product. In order to receive replacement, Customer must return 100% of the received product within 15 days (on their own expense) from the time when the ordered product delivery was taken.
All charges related to expedited printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. All orders that are being returned must be shipped by Customer’s own expense.
ORDER SHIPPING & DELIVERY
EZ Online Printer will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall EZ Online Printer be liable for any consequential or damages resulting from any delay in shipment or delivery.
All EZ Online Printer customers agree not to hold EZ Online Printer liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond EZ Online Printer’s direct control. EZ Online Printer shipment and delivery dates are calculated based upon estimates provided by our suppliers.
EZ Online Printer will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.
Orders that will be picked up: Please allow up to one additional business day after the turnaround to prepare packages for pickup.
Orders that will be shipped: Please allow one additional business day for receipt of labeling and billing information before counting turnaround time for shipping. For example, if you are quoted a shipping time of 3 business days from February 3rd, please allow the first day for EZ Online Printer to relay your information to the shipping carrier for the arrival scan, and the following 3 business days/non-holidays for your shipment to arrive.
Please be advised that we do not combine different items or orders for shipping. Due to the nature of gang-run printing, each item may be placed on a separate batch, and each batch may be completed at a different time than the rest of the items on the order. Thus, we ship each item separately to ensure you receive your products as soon as they are ready. We may combine shipping for items that have the same options, such as paper stock, quantity, etc.
NEXT DAY AM/PM SERVICE SHIPPING METHOD
Next Day AM/PM delivery is available to all 50 states and Puerto Rico, with some limitations in Alaska and Hawaii (Metro Alaska and Hawaii only).
CUSTOMS, DUTIES AND TAXES FOR INTERNATIONAL ORDERS
Orders that are shipped to countries outside of the U.S. may be subject to customs duties and fees levied by the destination country (“Import Fees”). You may be subject to such Import Fees, which are levied once a shipment reaches your country. You are responsible for all additional charges for customs clearance. Customs policies vary widely from country to country. EZ Online Printer does not have control over these fees, nor can we predict the exact cost of these fees. We are not responsible for informing you of the specific fees that will apply; it is your responsibility as the importer and the customer to check what your country’s requirements are for all customs fees, before placing your order. You are responsible for contacting your local customs office for further information. Please be advised that when customs clearance procedures are required, it can cause delays beyond our original delivery estimates. This excludes Canadian orders.
All shipments of $17 dollars or more to Canada are subject to “Custom Clearance Fees” (these duties are included in our shipping and handling charges). All shipments of $17 dollars or more are also subject to Canadian taxes: HST, GST, PST, and QST, depending on their ship to address. Customers are responsible for payment of all duties and taxes. Shipping rates for high-quantity products depend on the customers access to a shipping dock and forklift, otherwise additional charges may apply.
Shipping rates for high-quantity products depend on the customers access to a shipping dock and forklift, otherwise additional charges may apply.
MAIL INNOVATIONS (ECONOMY) SHIPPING METHOD FOR INTERNATIONAL ORDERS
If you are shipping to a country outside of the U.S., please note that Mail Innovations (Economy) is not trackable and delivery time cannot be guaranteed. This is due to the fact that the final delivery is made by that country’s postal service. Delivery time can be affected by how developed the postal service is for a particular country.
In addition, the shipping carrier cannot support any claims for Mail Innovations (Economy) in the case a package is lost, delayed, or damaged. Neither the shipping carrier nor EZ Online Printer is responsible for any issues that occur in transit.
SHIPPING ERRORS & LOST PACKAGES
Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done within 30 days from package shipment. EZ Online Printer is not responsible for 3rd party shipping errors, omissions or damaged shipments.
CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is not delivered due to an error made by the customer in submitting the proper shipping address, EZ Online Printer will reship the package with corrected address and charge an additional shipping fee for the shipment.
Multiple mailings can be held in-house for no more than 2 months.
Since EZ Online Printer’s permit number is indicated on the indicia, we will not be able to send you the remaining pieces of your marketing/mailing order. We will only be able to send you 5 samples. Remaining pieces can be stored for up to one month for future mailings, or recycled.
EZ Online Printer’s permit indicia is the property of EZ Online Printer and can only be used by EZ Online Printer. Any misuse of EZ Online Printer’s permit indicia is prohibited and will result in automatic cancellation of your account; charges for violation and any postage fees.
For the expedited processing and level of service provided by our marketing department, all marketing orders and packages include a 10% markup on all products and services excluding postage.
Since EZ Online Printer’s permit number is indicated on the indicia, we will not be able to send you the remaining pieces of your marketing/mailing order. We will only be able to send you 5 samples. Remaining pieces can be stored for up to one month for future mailings, or recycled.
EZ Online Printer’s permit indicia is the property of EZ Online Printer and can only be used by EZ Online Printer for any and all mailings. Any misuse of EZ Online Printer’s permit indicia is prohibited and will result in automatic cancellation of your account; charges for violation and any postage fees.
CREDIT CARD CHARGES
Orders of $600 or greater may require an authorization form and a copy of credit card and driver license (a valid photo ID).
All orders above $3,000.00 must be paid by cashier’s check (please contact the accounting department).
If you’re an affiliate, we require that you place a minimum of (5) five orders per month in order to keep your account active. If for some reason there is little or no activity on the account, the account is subject to conversion to a retail account.
CA, KY and TX Affiliates: If you are a EZ Online Printer Affiliate, and we do not have a record of Resellers Permit in our files you won’t be qualified for Sales Tax Exemption, please be notified that Sales Tax will apply to all of your orders.
We reserve the right to refuse service without disclosing a reason.
All prices are subject to change without notice, no adjustments will be made.
Please note that not all products are printed in Texas. AN order may be printed in multiple facilities and each item may be shipped individually.
These terms and conditions of use (“Site Terms”) apply exclusively to your access to, and use of, the web site of Portside Marketing, LLC (“Company”), located at www.portsidemarketing.com (the “Site”) and the information and other services provided therein (the “Services”). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Company, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity’s behalf, and that such entity agrees to indemnify you and Company for violations of these Site Terms.
Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Company will provide notice of these changes by posting the revised terms on the Site and indicating on the Site Terms the date it was last updated. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. If you do not agree to the amended terms, you must stop using the Site.
a. Company takes your privacy seriously.
Because we gather certain types of information about our users we want to help you understand the terms and conditions surrounding the collection and use of that information. This privacy statement discloses the types of information we gather, how we use it, and how to correct or change it.b. What personally identifiable information does Company collect?
Company uses the information we gather for two general purposes: (i) to enhance the user experience of our Site; and (ii) to fulfill your requests for certain products and services.d. How does Company share the information?
Company does not share your information with advertisers or third parties; except that, in the event a third party supplier or payment processor is fulfilling an order for a product, the third party supplier or payment processor may be provided the necessary information to fulfill your order.e. What Can I See and Do at the Site?
You can view much of the content and use many of the services offered by the Site without providing any personal information to Company.f. How can I update or remove my personally identifiable information?
Any modifications to our privacy practices will be reflected first within this area of our Site.h. Privacy of children:
The Site is not directed to children under the age of 13. If you are under the age of 13, you may not provide any personal information to via the Site or Web Store.
i. Processing of Credit Cards:
Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read over the Internet.
- Consent to Receive E-mails
If you provide Company your email address, you consent to receive e-mails from Company, which may include commercial e-mails. You may unsubscribe to emails by clicking the unsubscribe link when you receive an email from Company.
- Copyright and Limited License
Unless otherwise indicated, the Site and all content and other materials on the Site, including, without limitation, the Company logo, and all designs, text, graphics, pictures, reviews, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Company or its licensors or users and are protected by U.S. and international copyright laws. You are granted a limited, license to access and use the Site but other than that, please don’t copy our stuff or the stuff belonging to third parties.
- Copyright Complaints
If you believe that any material on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.Name of Agent Designated to ReceiveNotification of Claimed Infringement:
Portside Marketing, LLC
1011 Surrey Lane, Bldg 200
Flower Mound, Texas 75022
email@example.comWe may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a user’s address in our records.
DIVE INTO TRAVEL and DIVE INTO TRAVEL w Design and any other product or service name or slogan contained in the Site are trademarks of Company and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Company or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Again, don’t use our stuff or anybody else’s stuff without permission.
- Third Party Sites
Company makes no claim or representation regarding, and accepts no responsibility for the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site, or Web sites linking to the Site. Company doesn’t control those sites and you need to review the terms and conditions for those sites. Company provides these links for convenience and not as a reflection of Company’s endorsement.
- Third Party Services
The Site may also contain, provide information regarding or link to certain applications and services provided or offered by third parties (collectively the “Third-Party Services.) Company is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Company makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results. You assume full responsibility for your use of any such Third-Party Services, and Company is not responsible or liable for any Third-Party Services.
- Advertisements and Promotions
Company may run advertisements and promotions from third parties on the Site. You are responsible for your dealings with third parties and third party sites. Company is not.
- User Posted Content & Other Interactive Services or Areas
Anything you submit to the Site, other than your personal information becomes the property of Company and Company can use that information for any purpose without acknowledging or compensating you. The Site includes areas in which users may post content and information. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:a. User Content that is false, misleading, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, including without limitation any recommendation, endorsement, rating, or review of a professional with whom you have not had direct, personal experience in a professional context or as a client or patient of such professional;b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, violate any applicable rules of professional conduct, or that would otherwise create liability or violate any local, state, national or international law;c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content as provided under these Site Terms;d. User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
e. Unsolicited promotions, political campaigning, advertising or solicitations, including without limitation any advertisements for professional services, professional service providers, or professional referral services;
f. Private or confidential information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers;
g. Viruses, spyware, malware, corrupted data or other harmful, disruptive or destructive files;
h. Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; andi. User Content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying Site or which may expose Company or its users to any harm or liability of any type.
- Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company. In addition, you agree not to access or use, or attempt to access or use, the Site or any part thereof using the identity or the Registration Data of any person other than yourself.
- Disclaimers and Acknowledgements Regarding Use of Site Information
a. The site, the site materials and the services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. Company disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, content or materials in the site. Company does not represent or warrant that site materials, including the information available in or on the site, or the services are accurate, complete, reliable, current or error-free. Company does not represent or warrant that the site or its servers are free of viruses or other harmful components.b. Company’s goal is to allow others to provide useful information regarding products, services, professionals and professional services, and you acknowledge that such information is reliant upon third party data and contributions. Sometimes, the information provided is wrong, inaccurate and not current. You agree to be solely responsible for your use of the Site, the Site Materials and the Services and for determining the suitability of, and the results obtained from, any person/business/entity you hire.c. Company reserves the right to change any and all content contained in the Site and any Services offered through the Site at any time without notice. Reference to any professionals, professional service providers or organizations, educational institutions, associations, organizations, publications, licenses, accreditation, ratings, evaluations, endorsements, reviews, products, services, processes or other information, by name, trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
- Limitation of Liability
In no event shall Company or any of its corporate affiliates, independent contractors, service providers or consultants, or any of their respective directors, employees and agents, be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to medical outcomes, the outcome of legal matters, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way related to or connected with any use of the site, the services, the content or the materials contained in or accessed through the site, including without limitation any damages, loss or injury caused by or resulting from reliance by user on any information obtained from Company or the site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to Company’s records, programs or services. The aggregate liability of Company, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating in any manner to the use of the site or the site materials, shall not exceed any compensation you pay, if any, to Company for access to or use of the site.
You agree to defend, indemnify and hold harmless Company, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.
- Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas (even if your use is outside of the State of Texas), without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Site or these Site Terms shall be filed only in the state and federal courts located in Denton County, Texas and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
Notwithstanding any of these Site Terms, Company reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.