expresscopy.com > Terms & Conditions
expresscopy.com Terms and Conditions
Last updated on May 15th, 2012.
Thank you for visiting expresscopy.com. expresscopy.com will be referred further in this document as "we", "us", or "our". These Terms and Conditions are effective for all websites, partner portals, products, and services owned, operated or offered by expresscopy.com.
The Terms and Conditions explained in this document include but are not limited to the following:
CopyrightAll content included on our website, including without limitation, text, graphics, logos, trademarks, trade names, button icons, images, pre-designed templates, sounds, software, processing and other functionality, and all other material placed by expresscopy.com (collectively referred to as the "Content"), and the collection, arrangement and assembly of the Content, is the property of or licensed by expresscopy.com or our suppliers and service providers and is protected by U.S. and international copyright laws. The Content on all pages of our website is provided solely for the use of expresscopy.com customers to interact with us and may not be used by you, or any other person or entity, or for any other purpose. Users do not receive any copyright in or to the Content itself. No interest in the Content, whether in whole or in part, may be sold, assigned, encumbered, licensed or otherwise transferred by you or any third parties. Neither your use of the Content nor the creation of products or materials using such Content create joint authorship, joint ownership or "works made for hire" with expresscopy.com in or regarding such content
ContentWhen using any services provided via the expresscopy.com website, you may elect to upload or otherwise submit materials to the site. We do not supervise the uploading of any customer-provided materials to this site, although we reserve the right to do so. You agree, represent and warrant that in using the services, you will not upload, submit or otherwise transmit to expresscopy.com:
- Materials that are unlawful, threatening, abusive, defamatory, obscene or which invade another person's privacy or further the commission or concealment of a crime;
- Materials that are not lawfully yours to transmit;
- Materials that are the subject of, or which infringe upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity;
- Materials containing software viruses or other harmful computer code; or
- Materials that in any way interfere with or disrupt the services or any servers or networks connected to or used with the services.
expresscopy.com takes no ownership in any materials uploaded to our website, except that we retain our rights in and to the content that is present on our site or that may be created and/or supplied by or for expresscopy.com.
You also warrant and confirm that you own the copyright or have permission to copy any documents or materials you submit online for printing or processing, and agree to defend, indemnify and hold expresscopy.com, its parent, and its parent's subsidiary companies and their respective officers, directors, agents and employees, 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 expresscopy.com in defending against such suit, demand or claim.
Our Servicesexpresscopy.com provides services including but not limited to PDF Creation, Template Creation, Address File Creation through our tools and through third party service providers, Address Validation, Address Updating using NCOALink, Proofing, Printing, Bindery, Online, Phone, and Email Support, Direct Mail Campaigns through the US Post Office, and Shipping through the service provider UPS. These services are available through our website or through our partner portals and we authorize you to use all our services, provided you consent to our Terms and Conditions. If you breach any of our Terms and Conditions while using our services, your authorization to use our services will be immediately terminated and you must immediately destroy any of the content you have created, downloaded or obtained otherwise. Please note that we do not make any representation or guarantee as to the results you might obtain while using our services, including services offered by third parties. We are not responsible for the correctness of addresses provided by our third party address providers or delays in delivery by the United States Postal Service (USPS) or United Parcel Service (UPS).
Our Online Tools and SoftwareAll online tools and software including but not limited to our Online Design System, PDF Converter, Address Validation Tool, Print and Address File Manager, Contact Manager, Quiklinx, and the Order Wizard, are made available for your use solely in accordance with our Terms and Conditions. You may not reproduce, modify, distribute, or otherwise make this software available to any third party or unauthorized websites. The law strictly prohibits any usage of our online tools or software not in accordance with our Terms and Conditions and any illegal use may result in severe civil and criminal penalties. All violators of our Terms and Conditions with respect to our online tools and software will be prosecuted to the fullest extent possible.
Order Dispute and Resolution PolicyWe will complete your order in accordance with industry-wide trade standards for color and registration and according to the parameters defined in your order request and as outlined on our website. Customers are advised to confirm their orders by reviewing all order details and related Print and (or) Address Files during the "Review and Submit" stage of the ordering process and by reviewing the Order Confirmation Email sent to the email address indicated in the "Contact" field on the order. Due to the highly automated processes incorporated in the fulfilling of your order, any changes required to an order must be communicated to expresscopy.com by personal telephone contact (800-260-5887) during our normal business hours, 7:00 AM - 5:00 PM, Monday - Friday, Pacific Time, as soon as possible (except holidays). We will not accept email or voice mail communication requests to change or cancel an order. Any changes to an order can result in delays in the fulfillment of your order. Orders that have been printed cannot be changed or canceled and will be billed as ordered.
Order Deliveryexpresscopy.com makes no expressed guarantees in meeting the turnaround timeframes stated on our website or quoted by personnel. We operate on a Monday - Friday schedule and generally fulfill print-ready orders within 1-2 business days. expresscopy.com attempts to meet these same turnaround times on orders that encounter delays in processing resulting from incorrect art/file specifications or design problems. However, our turnaround timeframe begins when the final "problem" has been addressed by the customer. expresscopy.com uses third-party service providers to deliver your order and is not liable for delivery problems caused by these providers. These providers include, but are not limited to The United States Postal Service (USPS) and United Parcel Service (UPS). Orders delivered through UPS are delivered at the option of each customer (Saturday delivery can be arranged upon request for an additional charge). UPS will deliver your order to the address identified as "Ship My Order To" on your order. UPS delivers first to business addresses, followed by residential deliveries. The customer is responsible for checking all UPS shipments for damages upon delivery. Damaged shipments should be reported to the driver at the time of delivery and refused. Please call our Customer Support at 800-260-5887 to report any such damages. expresscopy.com is not responsible for any damage to orders caused by delivery providers that are not reported to the delivery provider at the time of delivery. First-Class™ or Standard (Bulk) Mailing orders are deposited into the USPS mail stream at the Business Mail Entry Unit of the Portland, Oregon Main Post Office, after which they become the responsibility of the USPS. These mailings are addressed with the addresses provided in your address file(s). Address files must meet our addressing and address file specifications as defined on our website. USPS delivery standards on First-Class™ mail are one (1) to five (5) business days and three (3) to twenty-one (21) business days for Standard (Bulk) Mail, dependent upon destination distance from Portland, Oregon. Customers are encouraged to request a card be mailed to them during the ordering process. This "seed card" is mailed to the recipient and address identified as "Ship To" on the order. When you place your Order, you agree that our delivery to the USPS fulfills our Order fulfillment requirements, and serves as Signed and Accepted Order Delivery, after which you waive any right to dispute any related Order credit card charges because of failed delivery by the USPS.
Color Matching, Proofing, and Alterationsexpresscopy.com does not perform "color matching". Our commercial printers utilize the process colors CMYK (cyan, magenta yellow and black) to compose all colors. Be certain to design your product using CMYK. Product components submitted utilizing the color pallet RGB (red, green, blue) can result in unsatisfactory shifts in colors. You have the option of ordering a shipped proof to verify that color closely matches your expectations. We will not run the proofed component until we have received approval from you. You can cancel the order before granting proof approval should you desire to make a change to the component, but will be charged for the shipped proof. Should you find the color on the proof to not match, our Technical Support staff is available to assist you in more closely matching to your desired color. Since monitor calibration varies widely, we run to uniform toner levels and a "pleasing color" standard. Pleasing color is defined as satisfactory even though it may not precisely match the original sample. expresscopy.com will not be held liable for orders consisting of components that are submitted not in accordance with our file or design specifications for color, layout, bleed, margins, font embedding, file flattening, etc. We can provide a printed proof of your custom artwork in a timely manner, at a reasonable cost and we encourage our customers to order proofs of all products they are not familiar with as this will ensure that your expectations are fully met. Printed, shipped proofs are cut to finished size and must be reviewed by the customer for proper margins and/or adherence to design specifications and approved or disapproved using online tools or by return fax or email communication to the appropriate parties as defined in Proof Notifications. expresscopy.com will not review your print files for spelling, design layouts excluding top bleed and margin requirements), color space (RGB or CMYK), nor do we compare your provided PDF colors as displayed on a monitor to printed output for matching. expresscopy.com will not be responsible for any layout or unexpected print quality or color issues on a project that has not been proofed by the customer by means of printed proof, nor will we be responsible for any issues if the only "proofing" was viewing the online PDF. We will not be responsible for incorrect layouts or color issues introduced from third party graphic designers. Choosing the option to grant permission to expresscopy.com to Adjust Your Files during the order placement process allows us to adjust your print file to meet bleed and margin requirements. Such alterations include, but are not limited to: resizing or movement of images and/or text to fit within our defined size / margin / bleed specifications (not to exceed 10% of original size). Should your file require adjustments beyond this, your order will be placed on hold and the person listed as the "Contact" on the order will be contacted through the indicated email address for resolution. Orders placed not granting expresscopy.com to alter the files will be placed on hold if the file does not meet design specification until the Contact Person resolves the problem. All design problem resolution requests will be initiated by expresscopy.com through email to the Contact Person indicated on the order by noon the next business day after the problem is identified. Return correspondence is to be made by the Contact Person through direct telephone correspondence to our main telephone number, 800-260-5887 during our normal business hours (Monday - Friday 7:00 AM - 5:00 PM, excluding holidays). We highly recommend submitting only print-ready orders to reduce delays. We offer training and assistance in utilizing all of our online tools, meeting file requirements and developing successful direct marketing campaigns. We reserve the right to change paper base stocks, without prior notification.
Order CancellationOrders can only be cancelled by direct telephone call to our Customer Support Department during our normal business hours (Monday - Friday 7:00 AM - 6:00 PM, excluding holidays). Your cancellation request must be made directly with a Customer Support Representative. We do not accept voice mail or email requests to cancel an order. Orders may be canceled up until the order has been batched or begun printing. Orders that have been batched or have begun printing will be billed as completed. Credit or debit cards used as payment on orders are authorized for the original order amount upon receipt of your order. Credit and or debit cards are not charged until the full order (all related components) has been completed. Payment authorizations and "held funds" related to submitted orders will remain active in accordance with the credit or lending institutions policies. expresscopy.com is not liable for such authorization periods.
Should you feel your order was not completed as requested, yet have submitted your order according to our file and design specifications, we offer two types of resolutions:
1. REPLACEMENT OF DEFECTIVE MERCHANDISE
If you find an error introduced by us, we will reprint it from your original file. This does not cover customer initiated errors such as but not limited to incorrect art, low resolution photography, content errors or order parameters not defined on the order, so be sure to check your proof and order parameters carefully. Follow the steps below for replacing defective merchandise (see Order Delivery above for important shipping damage information and additional requirements):
- Contact our Customer Support Department at 800-260-5887 within 30 days of the invoice date.
- Any invoice older than 30 days will not be eligible for replacement.
- Redos do not include postage and are limited to a quantity of 2,500 pieces.
- If an error was introduced by expresscopy.com on mailed orders, we will reprint and mail the order correctly, using your original file(s).
- Contact our Customer Service Department at 800-260-5887 within 30 days of the invoice date.
- We will not provide refunds on items returned after 30 days nor for delays in order fulfillment due to circumstances beyond our control, such as natural disasters, acts of god or war and/or delays introduced by third-party suppliers or shippers.
- Refunds do not include postage and are limited to a quantity of 2,500 pieces.
- Please allow 2-4 weeks for refunds to be processed and credited to your account.
Site AdministrationWe administer our websites, products, and services from our Office at 6623 NE 59th Pl., Portland, OR 97218-2709. We make no representation that our websites, products, or services are appropriate or available for use outside the United States, and accessing them from territories where their contents are illegal is prohibited. You may not use, export or re-export the materials found on our websites, products, services or any copy or adaptation in violation of any applicable laws or regulations (including U.S. export laws and regulations). If you choose to access our websites, products, or services from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.
Modifications to the Websites, Products, or ServicesWe reserve the sole right, for any reason, with or without notice to (i) terminate, change, suspend, or discontinue any aspect of our website, products, or services or in its entirety including features, hours of operation and availability, and (ii) impose limits on certain or all features of our websites, products, and services, or restrict your access to a part or all of our websites, products, and services. All or part of our websites, products, or services can be subject to change with or without prior notice and solely at our discretion based on emerging technologies, business practices, and customer needs.
- If we believe that the conduct of any user violates any applicable law
- If we find materials supplied for printing are offensive or inappropriate, including but not limited to: Advertisements for items or services not legal for sale in the United States; Infringement of copyright of other websites, products, or services; Plagiarism of copyrighted material including but not limited to slogans, logos, website content; Pornography, obscene or patently offensive text or images; Racist, ethnic, or hate material; Materials advocating sedition, treason, or the overthrow of the US Government.
- If any of our users engage in any behavior that we feel is detrimental to our services, then we reserve the right to terminate that user's order immediately.
IndemnificationYou shall indemnify, defend, and hold us, our officers, directors, employees, and agents harmless from and against any and all claims, losses, damages, liabilities, judgments, and fees and expenses related thereto (including attorneys' fees), arising out of, based upon, or resulting from, any breach or violation by you of our Terms and Conditions or any use by you of our website, products, and services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In no event, however, shall you settle or otherwise dispose of any such matter without our prior written consent.
Disclaimers and LiabilitiesAlthough we believe that our websites, products, and services are reliable and fully available, we make no guarantees with respect to any content on the website, or our products or services. Consequently our websites, content of the website, products, and services are provided "As Is" and we hereby disclaim all warranties and conditions with regard to our websites, products, and services. Further we do not warrant, guarantee, or make any representations regarding the use of or the results of the use of our websites, products, or services in terms of correctness, accuracy, reliability, or otherwise and do not warrant that the operation of the website, products, or services, will be uninterrupted, or error free. We expressly disclaim any warranties not stated herein. To the maximum extent permitted by applicable law, in no event shall we be held liable for any damages (including any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages arising out of the use or inability to use our website, products, or services) even if we have been advised of the possibility of such damages. You acknowledge that the applicable fees and prices reflect this allocation of risk. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply. If the foregoing limitation of liability is not enforceable for any reason, then in no event shall we be liable to you for any matter arising under or relating to your use of our websites, products, or services that exceed the total amount you paid us with respect to the particular Order or Service giving rise to the claim.
General ProvisionsThese Terms and Conditions comprise the entire agreement between you and us and supersede all prior agreements between the parties, regarding the subject matter contained herein. If you become dissatisfied with our website, products, or services in any way, your sole recourse is to immediately discontinue use of the same. If any provision of our Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of such provision and the remainder of our Terms and Conditions shall continue in full force and effect. Our failure to exercise or enforce any rights or provisions of our Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of, or related to, our websites, products, or services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. If any provision of our Terms and Conditions dispute arises from or relates to this contract or the breach thereof, and if the dispute cannot be settled through direct discussions, we reserve the sole right to direct the resolution with negotiation, mediation, or arbitration. The parties agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Portland, Multnomah County, Oregon. The arbitration shall be governed by the laws of the State of Oregon. All provisions in our Terms and Conditions regarding representations and warranties, indemnification, disclaimers, and limitations on liability shall survive any termination of our Terms and Conditions or your use of our website, products, or services. Where the context so indicates, a word in the singular form shall include the plural, a word in the masculine form the feminine, and vice-versa. The term "include" and similar terms (e.g., includes, including, included, comprises, comprising, such as, e.g., for example), when used as part of a phrase including one or more specific items, are used by way of example and not of limitation.