Terms and conditions
TERMS & CONDITIONS
ITI MAY MAKE FUTURE CHANGES OR MODIFICATIONS TO THE TERMS AND CONDITIONS AT ANY TIME WITHOUT NOTICE, AND YOUR SUBSEQUENT VIEWING OR USE OF LETTERPRINTING.NET WILL CONSTITUTE YOUR AGREEMENT TO THE CHANGES AND MODIFICATIONS,
DISCLAIMER OF WARRANTY
LETTERPRINTING.NET, ITS CONTENT, ALL PRODUCTS AND SERVICES AVAILABLE ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANT OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ITI MAKES NO WARRANTY THAT THE CONTENT, PRODUCTS AND SERVICES AVAILABLE ON THIS SITE WILL MEET YOUR REQUIREMENTS; THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT, PRODUCTS OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; OR THE QUALITY OF ANY CONTENT, PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ITI OR OUR PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS (COLLECTIVELY, OUR “AFFILIATES”) HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON OR ENTITY CLAIMING THROUGH YOU FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF WE OR OUR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. NONE OF OUR EMPLOYEES OR REPRESENTATIVES ARE AUTHORIZED TO MODIFY THIS LIMITATION. OUR SOLE AND ENTIRE MAXIMUM LIABILITY (AND THE LIABILITY OF ANY OF THE PROVIDERS OF PRODUCTS AND SERVICES AVAILABLE ON OUR SITE), FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOUR PURCHASE OF PRODUCTS AND SERVICES.
You acknowledge that all content included on letterprinting.net (also referred to herein as the "website"), including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations are intellectual property and copyrighted works of ITI and/or various third-party providers (“Providers”). Reproductions or storage of content retrieved from this website, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
YOUR USE OF OUR WEBSITE
You are granted permission to access and use letterprinting.net and its content for the sole purpose of ordering products or services solely through the ITI. No other download, retention, use, publication, or distribution of any portion of the content on letterprinting.net is authorized or permitted.
You may only use this website to make legitimate requests to purchase the products or services offered, and shall not use this website to make any false or fraudulent transactions. Placing an order with a false name, false contact information or invalid credit card may subject You to prosecution to the fullest extent of the law. Please take notice that even if You do not provide Your real name, Your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify You.
Tampering with the website, misrepresenting Your identity or the identity of a user, using buying agents or conducting fraudulent activities on or via letterprinting.net are prohibited. Users are prohibited from violating or attempting to violate the security of the website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using the website for unintended purposes or trying to change the behavior of the website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our Website, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of the website (impersonating the website), or to the website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on our behalf, including promotions and/or advertising of products or services, is expressly prohibited. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the website other than the search engine and search agents provided by us (if any) or by generally publicly available and acceptable browsers. If and when requested, you agree to provide true, accurate and complete user information to us, and to refrain from impersonating or falsely representing your affiliation with any person or entity.
THIRD PARTY WEBSITES & LINKS
You agree that you shall indemnify and defend and hold ITI 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 Terms and Conditions; (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 ITI, that was not part of the standard Site Contents, infringes up the rights of a third party (iii) and/or any of your activities conducted in connection with letterprinting.net, your use thereof, and/or the products and services ordered through letterprinting.net.
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 ITI 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 ITI 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 ITI and its officers, directors, employees, shareholders, agents 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 ITI in defending against such suit, demand or claim.
ITI does not maintain Customer Content indefinitely. Customer Content uploaded to the Website with an associated order will be kept on file for a period of up to thirty (30) days. At the end of that time it may be deleted and irretrievable. Please note that Customer Content uploaded to ITI cannot be used to re-order an additional print job; it is only maintained for reprint purposes.
You agree that you will not send, upload, post or otherwise transmit to ITI 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 ITI and/or any servers or networks connected to or used in connection with the delivery of such service and production.
You acknowledge that ITI does not pre-screen Customer Content, but that ITI reserves the right to do so at any time and that ITI 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 Terms and Conditions or that may otherwise be objectionable. You further acknowledge and agree that ITI 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 Terms and Conditions; (c) respond to claims that the Customer Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of ITI, its employees, users and the public in general.
FORMAT OF CUSTOMER SUBMITTED ARTWORK OR CONTENT
All artwork or designs and images must be provided in CMYK format. ITI is not responsible for any color shift that occurs in conversions from RGB to CMYK or PMS Pantone colors to CMYK color modes. All artwork, designs and images must be provided in minimum of 300 DPI and CMYK color mode. ITI is not responsible for images printed as fuzzy, distorted or pixilated due to content or artwork provided by You. ITI 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. Additional fees may be imposed on incorrectly setup files/artwork not in accordance with ITI's instructions published on letterprinting.net and Knowledge Base system.
COLOR PROOFING & MATCHING
ITI is not liable for color matching or ink density on digital proofs approved to You. Digital proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. Digital proofs do not show transparency and overprint issues neither do they show color changes from RGB to CMYK. Application of various coatings may affect or change the appearance of the printed colors. ITI is not liable for the final color appearance of printed products. ITI also offers hardcopy proofs if the color is of great importance. Such proofs must be requested when the order is made for an additional fee. Please note that although color proofs supplied to the customer are highly calibrated and very accurate, they cannot match the final printed product 100%. This is due to the fact that proofs are created in a different way than the printed piece (ink, paper stock, registration, line screens, etc.) Also, note that the customer artwork may not closely match our proofs or the printed piece either for the same reasons and/or because the customer supplied artwork is not calibrated to our equipment. ITI is also not responsible for any and all errors in Your printing job if You selected the "Run As- Is/ No Proof" option.
USE OF ARTWORK
You understand and agree that ITI licenses photos and other artwork, hereinafter referred to as Images, from various Licensors and/or Copyright Holders. ITI is licensed to use the Images as permitted in their respective license(s). These Images are used in our design online templates, hereinafter referred to as Templates. You are required to comply with the limitations on how the Images and/or Templates can be used.
You May Not:
Use Images and/or Templates together with pornographic, defamatory, or unlawful content or in such a manner that it infringes upon any third party's trademark or intellectual property rights.
Use the Images and/or Templates in a way that places any person depicted in the Images and/or Templates in a bad light or in a way that they may find offensive - this includes, but is not limited to, the use of Images a) in pornography; b) in advertisements or promotional materials for tobacco products; c) in advertisements or promotional materials for adult entertainment clubs or similar venues, or for escort services; d) in advertisements or promotional materials for dating services; e) in connection with political endorsements; f) in advertisements or promotional materials for pharmaceutical or healthcare, herbal or medical products, including, but not limited to dietary supplements, digestive aids, herbal supplements, personal hygiene or birth control products, if the use implies that the depicted person engages in any immoral or illegal activity or suffers from a physical or mental infirmity, ailment or condition.
Use any Images and/or Templates (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof, or to otherwise endorse or imply the endorsement of any goods and/or services. Falsely represent, expressly or by way of reasonable implication, that you or a person other than the copyright holder(s) of the Images and/or Templates created the Images and/or Templates.
ITI is required to provide Licensors and/or Copyright Holders with the names of the users who access Images and/or Templates. By accessing and using this website, you are also confirming that you understand this and are granting us permission to provide your name and contact information as may be required. In the event that anything in this section contradicts any of the agreements or licenses we have with Licensors and/or Copyright Holders regarding the Images and/or Templates, the terms of those agreements shall govern. If you use Images and/or Templates in any way prohibited above or in any agreements between us and Licensors and/or Copyright Holders it will result in liability in accordance with the terms of our agreements with Licensors and/or Copyright Holders.
Please review Your proof carefully prior to approving. ITI will not accept changes to orders that the proof has been approved. You are fully responsible for final proof and layout approval prior to the printing process. By approving the proof, You represent that you have reviewed the proof and it is in an acceptable form.
You understand that documents will print EXACTLY as it appears on the proof (excluding color as described in the “COLOR PROOFING & MATCHING” section), that no changes can be made once the proof is approved. You assume all responsibility for typographical errors made by You, inferior images provided by You, duplicate orders by You, incorrect shipping addresses provided by You or other errors in information and documents provided by You.
ITI also offers hardcopy proofs. Such proofs must be requested when the order is placed and there is an additional fee associated with hardcopy proofs. The request for a hardcopy proof may extend the amount of time needed to complete the order. Proof changes (re-proofing) will be charged at $35 per artwork. If you require a change to a job after the proof(s) has(have) been created and the changes are NOT due to an error made by ITI, you will need to pay an additional $35 per artwork to re-create your proof(s) and re-setup your file(s).
Unless otherwise noted, all written and/or other materials that are part of the Website, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content"), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. Our trademarks, logos and other trademarks on our Website are the property of their respective owners and are owned by, licensed to, or, where required, used with our permission, and, as such, may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
PROOF OF MAILING
Except as provided herein, ITI does not provide proof of mailing or individual/separate Postage/Mailing Statements for each job mailed. You acknowledge that unless You purchase a Certificate of Mailing (form PS3606) at the time of placing the order, ITI is under no obligation to provide any proof of mailing and refunds shall not be provided under such circumstances. If an order is being split into multiple drops, You must purchase a Certificate of Mailing for each drop. For instance, if an order is being staggered into two drops (separate mailings at two different dates) then You will need to order two certificates, one for each drop.
Orders may not be canceled or refunded once a proof has been approved or an order has been placed as "run as-is, no proof required" and has entered production. Once a Graphic Design order has been placed successfully, no refunds are issued for graphic design services. ITI is not responsible for any duplicated orders that are placed due to Your error.
Cancellation Fee: If a proof has been created, but not approved, You may cancel the order and You will be charged a $45 cancellation fee.
ITI WILL NOT issue refunds for mailing lists purchased. A list is considered purchased once the You have approved the order. The mailing list purchased is provided to You and based on the specific criteria supplied by You. Please review Order Confirmation carefully prior to approving. ITI will not issue refunds or credits for mailing list orders where You have approved the Order Confirmation. When You purchase a mailing list, You are bound to the List Rental Agreement.
RMA POLICY (Return Merchandise Authorization):
If You feel a print defective, You must contact ITI IN WRITING via online support system within 6 business days of receiving Your order. If ITI determines that a print is defective, one of the following resolutions will be offered:
1. ITI will reprint with the rush production; or
2. ITI will authorize a Return Merchandise Authorization (RMA) number and a Quality Assurance representative will contact You in order to process the RMA. ITI must receive the entire ordered merchandise within 15 calendar days after RMA number is issued. Compensation will be processed only after an RMA number has been issued and the entire ordered merchandise has been returned to ITI.
OVERPRINT AND UNDERPRINT POLICY (OFFSET PRESS ONLY)
For items printed on an offset press, ITI cannot guarantee that every order will be the exact number of items which are ordered, and only guarantees that it will come within plus or minus 5% of the number of items ordered. This policy only applies to items printed on an offset press and excludes mailing orders and digitally printed products.
Although we make every possible effort to turn jobs around in the estimated times offered, Your job may require more time due to unforeseeable or uncontrollable circumstances or finishing services added onto the job. TURNAROUND TIMES ARE AN ESTIMATE ONLY AND DO NOT A GUARANTEED TURNAROUND TIME. ITI will not provide refunds or credits if a job runs past the estimated turnaround time.
Neither party shall be liable for any delay or failure in its performance under these Terms and Conditions if and to the extent which such delay or failure is caused by events beyond the reasonable control of the party including, without limitation, acts of God or public enemies, labor disputes, equipment malfunctions, material or component shortages, supplier failures, embargoes, rationing, acts of local, state or national governments or public agencies, utility or communication failures or delays, fire, earthquakes, flood, epidemics, riots, and strikes. If a party becomes aware that such an event is likely to delay or prevent punctual performance of its own obligations, the party will promptly notify the other party and use its best effort to avoid or remove such causes of nonperformance and to complete the delayed job whenever such causes are removed.
Customer mailing list(s), while in the possession of ITI, remain the exclusive property of the customer and shall be used only with Your instructions. Your mailing list(s) will not be sold or offered for use to any other party, and ITI will not utilize the list for any other purpose. All mailing delivery dates are estimates, not guarantees. ITIs responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (USPS). ITIs responsibility ends when the job is delivered to USPS. In no event shall ITI be liable for USPS performance failures or delivery delays. Shipping transit times vary, and ITI assumes no responsibility for delays caused by shipping carriers or any damages resulting from the failure to receive a job on time.
TRANSFER OF TITLE
You agree that the shipping terms for all products ordered from ITI are shipped “Freight On Board Shipping Point” or “F.O.B. Shipping Point", which means title and risk of loss transfers to You at time of shipment, pickup, or once we deliver any printed products to the shipping carrier.
LIST RENTAL TERMS
You may order lists from ITI that contain names, postal addresses, and/or phone numbers for consumers or businesses meeting the criteria selected by You ("List"). ITI grants You, on the terms and conditions set forth herein, a limited, non-exclusive, nontransferable license to use the List obtained. Each List obtained may be used for the number of times specified and permitted in the order.
USE AND RESTRICTIONS FOR LIST RENTALS
a) One Time Use, Permitted Uses: Unless permitted with the appropriate upcharge for two-time and/or multiple (three plus times) use, You are licensed to use, and certifies that it will use, the List provided by ITI for the number of uses permitted and only for one of the following purposes: i) direct mail solicitations, ii) direct mail surveys. This shall not, however, prevent Your use of the List for Your internal analysis or for previous mail suppression. Seed names may be included to detect unauthorized use.
b) Compliance with Guidelines and Laws: You acknowledge that different states and jurisdictions may have guidelines and laws affecting its use of the List and any information or data provided therein. It is Your responsibility to learn of such guidelines and laws, and comply with them. ITI, its data providers, and its affiliates disclaim all responsibility for Your compliance with such guidelines and laws including any obligation to inform You about any restrictions on the use of the List. You agree that it will use the List provided under this Agreement in accordance with all Federal, state, and local laws, relevant Direct Marketing Association guidelines, and in a manner which gives due consideration to matters concerning privacy, confidentiality, good taste and other issues to which individual and business consumers may be sensitive. You will not in any direct mail solicitation or survey refer to any selection criteria or any presumed knowledge about the recipient, nor will You disclose the source of the recipient's name, address, or any other information. The List may not be merged or incorporated with any other file without the express written consent of ITI. The List, or any information or data provided therein, may not be used to enhance a file or list owned by any third party, to develop any list, enhancement, or product, or to prepare, publish, clean, or maintain any directory or look-up service.
c) Geographical Limitation: You represent and warrant that You will only use the List within the United States and its territories and will not use or transfer the List, or any information derived from the List, in whole or in part, outside the United States or its territories for any purpose.
d) Resale Prohibited: You represent and warrant that You will not resell, broker, or otherwise disclose the List to any third party, in whole or in part, for any purpose whatsoever. You agree that You will not copy or otherwise reproduce the List, information or data provided except for back-up or security purposes. Under no circumstances will You attempt, directly or indirectly, to discover or reverse engineer any confidential and proprietary criteria developed or used by ITI in preparing the List.
e) Audit: You will maintain current, accurate and complete books and records relating to its use of the List for a period at least twelve (12) months after each marketing communication. In addition to financial detail, You shall maintain a file of the latest twelve (12) months of communications, to include sample mail pieces, ad copy, or other communications which You have used, and a list of each state to which the marketing communication has been made using the Lists. ITI, or any representative either designates, will have the right to examine and copy or make extracts from all such books and records and any source documents used in preparation thereof, at any time during normal business hours, provided ITI gives You written notice at least five (5) business days prior to any such examination.
The Terms and Conditions and Your use of letterprinting.net shall be governed by and construed in accordance with the laws of the State of California, 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 the Terms and Conditions and/or Your use of letterprinting.net shall be filed and adjudicated only in the federal or state courts located in Los Angeles, California, 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 Terms and Conditions and or Your use of letterprinting.net. These Terms and Conditions are not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.
Last Update: June 30, 2017