PRINTING STOREFRONT SOLUTIONS END USER AGREEMENT
TERMS OF USE:
YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF PRINTING STOREFRONT SOLUTIONS' ONLINE SERVICES, INCLUDING OFFLINE COMPONENTS (COLLECTIVELY, THE "SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE THE TERMS "YOU", "I", OR "YOUR" SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.
What Printing Storefront Solutions Provides
As part of the Service, Printing Storefront Solutions will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the Printing Storefront Solutions website incorporated by reference herein, including Printing Storefront Solutions’ privacy and security policies. For reference, a Definitions section is included at the end of this Agreement.
1. Privacy & Security; Disclosure
Printing Storefront Solutions will not send marketing related communications to users of the Service through a third party. Printing Storefront Solutions reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Because the Service is a hosted, online application, Printing Storefront Solutions occasionally may need to notify all users of the Service of important announcements regarding the operation of the Service. If you become a paying customer of the Service, you agree that Printing Storefront Solutions can disclose the fact that you are a paying customer and the edition of the Service that you are using.
2. License Grant & Restrictions
Printing Storefront Solutions hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, subject to this Agreement. All rights not expressly granted to you are reserved by Printing Storefront Solutions and its licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet "links" to the Service (other than the login page) or "frame" or "mirror" any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
You may use the Service only for your own bona fide business purposes and you shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related systems or networks.
3. Your Responsibilities
You are responsible for all activity occurring under your account and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to privacy, international communications, and the transmission of technical or personal data. You shall: (i) notify Printing Storefront Solutions immediately of any unauthorized or suspected use of any password or account or any other known or suspected breach of security; (ii) report to Printing Storefront Solutions immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another Printing Storefront Solutions user or provide false identity information to gain access to or use the Service.
4. Account Information and Data
Printing Storefront Solutions does not own any data, information or material that you submit to the Service in the course of using the Service ("Customer Data"). You, not Printing Storefront Solutions, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and Printing Storefront Solutions shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. You agree not to store any sensitive Customer Data, such account numbers, in the Service. In the event this Agreement is terminated (other than by reason of your breach), Printing Storefront Solutions will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. Printing Storefront Solutions reserves the right to withhold, remove and/or discard Customer Data without notice if you do not request the Customer Data upon termination or for if you breach this Agreement, including your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and Printing Storefront Solutions shall have no obligation to maintain or forward any Customer Data.
5. Intellectual Property Ownership
Printing Storefront Solutions alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Printing Storefront Solutions Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Printing Storefront Solutions Technology or the Intellectual Property Rights owned by Printing Storefront Solutions. No right or license is granted to use the Printing Storefront Solutions name, the Printing Storefront Solutions logo, and the product names associated with the Service.
6. Third Party Interactions During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, condition, warranties or representations associated with such activity, is solely between you and the applicable third-party. Printing Storefront Solutions and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Printing Storefront Solutions does not endorse any sites on the Internet that are linked through the Service. Printing Storefront Solutions provides these links to you only as a matter of convenience, and in no event shall Printing Storefront Solutions or its licensors be responsible for any content, products, or other materials on or available from such sites. You recognize that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
7. Charges and Payment of Fees
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is incurred. The initial charges will be equal to any account setup fees plus the monthly subscription fee. Payments may be made annually, monthly, or quarterly, as indicated by your Order Form, or as otherwise mutually agreed upon. You are responsible for paying the subscription fee for the entire License Term, whether or not the Services are actively used. You must provide Printing Storefront Solutions with valid credit card or approved purchase order information as a condition to signing up for the Service. You shall at all times provide us with current credit card information. Printing Storefront Solutions reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.
8. Excess Utilization Fees
Printing Storefront Solutions maintains policies concerning the fair and reasonable use of Service resources. Unless otherwise stipulated in writing, Service resources provided to you at no additional charge are (a) 10,000MB for disk storage at any time and (b) 10,000MB for network bandwidth utilization per month. In addition, usage of eDocBuilder, unless otherwise stipulated, is limited to (a) 750 completed transactions per month, (b) 2500 database records per transaction, (c) 5000 pages per transaction, (d) a maximum of 1600 by 1600 pixels for raster image previews generated, and (e) a limit of 50MB per template, including all associated image and font files.
If the amount of Service utilization exceeds these limits, you will be charged the then-current storage fees. Printing Storefront Solutions will use reasonable efforts to notify you when the resource utilization reaches approximately 90% of the maximum; however, any failure by Printing Storefront Solutions to so notify you shall not affect your responsibility for such additional storage charges. Printing Storefront Solutions reserves the right to establish or modify its general practices and limits relating to Service utilization, including the deletion of Customer Data.
9. Billing and Renewal
Printing Storefront Solutions charges and collects in advance for use of the Service. Printing Storefront Solutions will automatically renew and bill your credit card or issue an invoice to you (a) every month for monthly licenses, (b) every quarter for quarterly licenses, or (c) each year on the subsequent anniversary for annual licenses. The renewal charge will be equal to the then-current monthly fee plus any additional fees for usage or volume, unless Printing Storefront Solutions has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and thereafter. Fees for other services will be charged on an as-quoted basis. Printing Storefront Solutions’ fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Printing Storefront Solutions’ income.
You agree to provide Printing Storefront Solutions with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and Site Administrator. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Printing Storefront Solutions reserves the right to terminate your access to the Service in addition to any other legal remedies.
If you believe your bill is incorrect, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit. If you do not contact us in writing within 60 days of the date of the invoice containing the amount in question, you shall not be entitled to any adjustment or credit.
10. Non-Payment and Suspension
In addition to any other rights granted to Printing Storefront Solutions herein, Printing Storefront Solutions reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.0% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection including attorney’s fees and the fees of Printing Storefront Solutions’ experts and consultants. You will continue to be charged monthly subscription fee during any period of suspension. If you or Printing Storefront Solutions initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees and Billing and Renewal sections above. You agree that Printing Storefront Solutions may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
Printing Storefront Solutions reserves the right to impose a reconnection fee in the event you are suspended and thereafter request access to the Service. You agree and acknowledge that Printing Storefront Solutions has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.
11. Termination
This Agreement commences on the Effective Date. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms, equal in duration to the Initial Term at Printing Storefront Solutions’ then current fees. Either party may terminate this Agreement without cause, effective upon the expiration of the then current term, by notifying the other party in writing at least five (5) business days prior to the date the then current term expires. In the event this Agreement is terminated (other than by reason of your breach), Printing Storefront Solutions will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that Printing Storefront Solutions has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.
12. Termination for Cause
Each of the following shall constitute your material breach of this Agreement, for which Printing Storefront Solutions may, at its sole discretion, terminate your password, your account, or your use of the Service, and for which Printing Storefront Solutions shall have all other rights and remedies under any applicable law: (a) any breach of your payment obligations to Printing Storefront Solutions, (b) your unauthorized use of the Printing Storefront Solutions Technology or Service, (c) any material breach of your representations & warranties within this Agreement, (d) your material breach of your indemnity obligations under this Agreement, or (e) your use of the Printing Storefront Solutions Technology or Service contrary to any applicable export control law or regulation. You agree and acknowledge that Printing Storefront Solutions has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement.
13. Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Printing Storefront Solutions represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online Printing Storefront Solutions help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct.
14. Indemnification
You shall indemnify, defend, and hold Printing Storefront Solutions, its licensors, its resellers, and each such party's parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) a claim alleging that use of the Customer Data infringes the rights of, or has caused harm to, a third party; (ii) a claim of your clients or customers; (iii) a claim, which if true, would constitute a violation by you of your representations and warranties; or (iv) a claim arising from the breach by you or your Users of this Agreement, provided in any such case that Printing Storefront Solutions (a) gives written notice of the claim promptly to you; (b) gives you sole control of the defense and settlement of the claim (provided that you may not settle or defend any claim unless you unconditionally release Printing Storefront Solutions of all liability and such settlement does not affect Printing Storefront Solutions’ business or Service); (c) provides to you all available information and assistance; and (d) has not compromised or settled such claim.
15. Disclaimer of Warranties
PRINTING STOREFRONT SOLUTIONS AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. PRINTING STOREFRONT SOLUTIONS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM. SERVICE, OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY PRINTING STOREFRONT SOLUTIONS AND ITS LICENSORS.
16. Maintenance, Service Delays, and Guaranteed Uptime
(a) The Service may be unavailable due to scheduled maintenance each week, starting on Saturday at approximately 11:00 PM Central Time, and ending on Sunday at approximately 1:00 AM, Central Time. Printing Storefront Solutions will use its best efforts to minimize the Service unavailability due to maintenance, but the total time for maintenance may vary and may be more than as stated herein. (b) PRINTING STOREFRONT SOLUTIONS’ SERVICES ARE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. PRINTING STOREFRONT SOLUTIONS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS (c) Excluding scheduled maintenance, if, due to a malfunction, the Service is available for less than 99.9 percent of an entire calendar month (the Guaranteed Uptime), at your request Printing Storefront Solutions will credit your next monthly payment, prorata based on your monthly subscription, for the amount by which the Service unavailability is less than the Guaranteed Uptime.
17. Limitation of Liability
IN NO EVENT SHALL PRINTING STOREFRONT SOLUTIONS AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS ACTUALLY PAID BY YOU DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE ACT, OMISSION, OR EVENT FOR WHICH YOU CLAIM PRINTING STOREFRONT SOLUTIONS IS LIABLE. IN NO EVENT SHALL PRINTING STOREFRONT SOLUTIONS AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF PRINTING STOREFRONT SOLUTIONS WAS PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18. Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
19. Local Laws and Export Control
This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control laws and regulations of Switzerland, the European Union, and other nations. You acknowledge and agree that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States, Switzerland, the European Union, or any other nation maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. You represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000
Printing Storefront Solutions and its licensors make no representation that the Service is appropriate or available for use in any location, including those indicated in the Company Information section of your Order Form. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.
20. Notice
Printing Storefront Solutions may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Printing Storefront Solutions’ account information, or by written communication sent by first class mail or pre-paid post to your address on record in Printing Storefront Solutions’ account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Printing Storefront Solutions (such notice shall be deemed given when received by Printing Storefront Solutions) at any time by any of the following: letter sent by confirmed facsimile to Printing Storefront Solutions at the following fax numbers (888) 910-3025; letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to Printing Storefront Solutions at the following addresses (whichever is appropriate): Printing Storefront Solutions LLC, PO Box 961, Pensacola, FL 32591, or to such other fax number or address as Printing Storefront Solutions indicates by notice to you.
21. Modification to Terms Printing Storefront Solutions reserves the right to modify this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such modifications shall constitute your consent to such changes. If you reject any modification, you must notify Printing Storefront Solutions in writing and your sole remedy shall be to terminate this Agreement and to receive a refund of your subscription payment, pro rata based on the number of days remaining in that month.
22. Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of Printing Storefront Solutions but may be assigned without your consent by Printing Storefront Solutions to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor. Any actual or proposed change in control of you that results or would result in a direct competitor of Printing Storefront Solutions directly or indirectly owning or controlling 50% or more of you shall entitle Printing Storefront Solutions to terminate this Agreement for cause immediately upon written notice.
23. Enforcement and Interpretation
With respect to U.S. Customers, this Agreement shall be governed by Florida law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement, the Service, or otherwise involving Printing Storefront Solutions, shall be subject to the exclusive jurisdiction and the exclusive venue of the state courts located in Escambia County, FL, and the federal courts located in Escambia County, FL, and you waive all claims that such jurisdiction is improper and that such venue is inconvenient. No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Printing Storefront Solutions as a result of this agreement or use of the Service. The failure of Printing Storefront Solutions to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Printing Storefront Solutions in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and Printing Storefront Solutions and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
a) In all lawsuits to enforce this Agreement, the parties hereby waive all rights to a jury trial, and Printing Storefront Solutions shall recover from you costs and expenses, including the fees of its attorneys, experts, and consultants, incurred by Printing Storefront Solutions if it is the prevailing party.
b) The parties intend that the “four corners” rule shall be applied in construing this Contract and that the interpretation of this Contract shall be derived only from the provisions hereof, without resort to course of dealing, usage of trade, course of performance, or any other extrinsic evidence, and shall not be construed in favor of or against either party. Whenever appropriate under the circumstances: (a) the plural of any word in this Contract shall mean the singular; (b) the singular of any word in this Contract shall mean the plural; (c) “and” shall mean “or”; (d) “or” shall mean “and”; (e) “any” shall mean one, more than one, or all, and (f) “all” shall mean any, one, or more than one.
c) No party has made or relied on any statement, representation, or promise that is not expressly set forth within his Agreement and the Order Form.
You hereby waive all rights to use or introduce parol evidence or extrinsic evidence for any purpose with respect to this Agreement, including without limitation, to modify, contradict, interpret, otherwise explain any provision of this Agreement, to show that any provision within this Agreement is ambiguous, or to show any condition precedent for this Agreement that is not expressly set forth within this Agreement. You hereby waive all claims for fraud-in-the-inducement with respect to this Agreement, and you hereby waive all claims contrary to any recital or covenant of this Agreement.
24. Definitions
As used in this Agreement and in any Order Forms now or hereafter associated herewith: "Agreement" means these online terms of use, any Order Forms, whether written or submitted online, and any materials available on the Printing Storefront Solutions website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by Printing Storefront Solutions from time to time in its sole discretion; "Content" means the audio and visual information, documents, software, products and services contained or made available to you in the course of using the Service; "Customer Data" means any data, information or material provided or submitted by you or your clients to the Service in the course of using the Service; "Effective Date" means the date indicated for your signature on the Service Contract; "Initial Term" means the initial period during which you are obligated to pay for the Service equal to the billing frequency selected by you during the subscription process; "Intellectual Property Rights" means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; "Site Administrator(s)" means those Users designated by you who are authorized to administer your use of the Service; "License Term(s)" means the period(s) during which you and your clients are licensed to use the Service; "Order Form(s)" means the form evidencing the initial subscription for the Service and any subsequent order forms submitted online or in written form, specifying, among other things, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); "Printing Storefront Solutions" means collectively the Printing Storefront Solutions website and Printing Storefront Solutions, LLC, a Florida limited liability company; "Printing Storefront Solutions Technology" means all of Printing Storefront Solutions’ proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by Printing Storefront Solutions in providing the Service; "Service(s)" means the specific edition of Printing Storefront Solutions’ online order management, billing, data analysis, or other corporate ERP services identified during the ordering process, developed, operated, and maintained by Printing Storefront Solutions, accessible via http://www.printingstorefrontsolutions.com or another designated web site or IP address, or ancillary online or offline products and services provided to you by Printing Storefront Solutions, to which you are being granted access under this Agreement, including the Printing Storefront Solutions Technology and the Content; "User(s)" means your employees, clients, representatives, consultants, contractors or agents who are authorized to use the Service and have been supplied user identifications and passwords by you (or by Printing Storefront Solutions at your request).
25. Instant Print Shop Content Package License Agreement. In addition to all of the foregoing provisions of this Agreement, the follow provisions also apply if Printing Storefront Solutions provides you with any product catalogue image, product description, or pricing suggestion (one or more of which is the Instant Print Shop Content Package Material). Printing Storefront Solutions hereby grants you a non-exclusive license to use the Instant Print Shop Content Package Material for the duration of your Storefront Package (the License). The License shall terminate without further notice upon the termination of this Agreement or if :(a) you breach this Agreement,(b) you use any Instant Print Shop Content Package Material other than in connection with your business for which you entered into this Agreement,(c) you allow anyone else to use any of the Instant Print Shop Content Package Material, or (d) you do not promptly notify Printing Storefront Solutions of any use of Instant Print Shop Content Package Material which you know, or have reason to believe, is or may be unauthorized. Printing Storefront Solutions’ disclaimer of warranties applies to the Terms of Use and the Privacy Policy. You must insert information in the bracketed sections of the Terms of Use. Your use of the Terms of Use and the Privacy Policy is entirely at your own risk. You should have your attorney review the Terms of Use and the Privacy Policy before you use them.
26. Support. Printing Storefront Solutions shall have no obligation to provide you with any training, assistance, or support except as posted on Printing Storefront Solutions’ website or except as otherwise provided by Printing Storefront Solutions at its sole discretion.
27. Third Party Reseller. Notwithstanding anything herein to the contrary, if you acquire the license for the Service in connection with goods or services sold, leased, or otherwise provided by a third party, you shall pay the fee for the license as provided by your agreement or other arrangement with that third party, and the duration of your license to use the Service shall be as provided by that agreement or other arrangement. Your permission to use the Service is subject to and conditioned on your adherence to that agreement or other arrangement and to the terms of this License. You waive all claims against Printing Storefront Solutions for any act or omission of that third party, including negligent and intentional acts or omissions.
Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to sales@printingstorefrontsolutions.com.
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