Terms of Use

Welcome to the website of P.D.Q. Printing Service, Inc. (“Company”, “us”, “we”, or “our”). These Terms of Use govern your access to and use of the Company website (www.pdqprintingandlabel.com) (“Site”). Additional terms and conditions may apply if you purchase and/or use Company products or services. These Terms of Service are a binding agreement between you and the Company.

BY USING THE SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

CONSENT; BINDING AGREEMENT

The Company may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when posted to the Site. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. It is your responsibility to check this page periodically so you are aware of any changes to these Terms of Use, because they are binding on you. Subject to these Terms of Use, the Company grants you a personal, limited, non-transferable and non-exclusive license to access and use the Site.

CONTENT AND INTELLECTUAL PROPERTY

All content, including trademarks, logos, text, graphics, and code (“Content”), and the arrangement or integration of that Content is owned by the Company or by third parties who have granted the Company permission to use the Content, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Using the Site does not give you ownership of any intellectual property rights in the Content you access. You may not use any Content unless you obtain prior written consent from the Company or its respective owner or you are otherwise permitted by law. These Terms of Use do not grant you the right to use any Content, or any information concerning the Company’s products or services, for any purpose not expressly provided in these Terms of Use.

Unless otherwise specified, no part of the Site and no Content may be copied, reproduced, republished, licensed, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of the Company.

You may use information on the Site (such as white papers, data sheets, press releases, and similar materials) purposely made available by the Company for downloading from the Site, provided that you (1) not remove or alter any legal notices in all copies of such information, (2) use such information only for your personal, non-commercial use and do not copy or post such information on any network computer or broadcast in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such information.

PRIVACY POLICY

The Company’s Privacy Policy (www.pdqprintingandlabel.com/privacy) applies to your use of the Site, and its terms are made a part of these Terms of Use by this reference. By using the Site, you understand and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

USE OF THE SITE

You may use the Site only for personal and non-commercial use. You may not use the Site, or any Content, for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity that infringes the rights of the Company or others. You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

You may not interfere with the Site or any transaction being conducted on the Site, or with any person’s use and enjoyment of the Site. You may not try to access the Site, other accounts, or the Company’s systems or networks, or any systems or networks connected to the Site or to the Company through hacking, password mining or any means or methods other than the interface and the instructions provided by the Company. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor attempt to breach any security or authentication measures on the Site or any network connected to the Site. You may not do anything that could disable, overburden, or impair the proper working or appearance of the Site or the Company’s systems or networks, or any systems or networks connected to the Site or to the Company.

PURCHASES; OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of products or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any product or service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific product or service.

Any obligation of the Company with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements. The Company may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and the Company makes no commitment to update the materials on the Site with respect to such products and services.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

• Privacy Policy (www.pdqprintingandlabel.com/privacy)

Each of these terms and policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

ACCOUNT, PASSWORD, AND SECURITY

In order to use certain features or services offered on or through the Site, you may be required to create an Account (including setting up a user ID and password and providing us with current, complete and accurate information). You are entirely responsible for maintaining the confidentiality of your password and Account. You should not re-use your Account password on third-party applications. You are entirely responsible for any and all activity that happens on or through your Account. If you learn of any unauthorized use of your password or Account, or any other breach of security, you agree to notify the Company immediately. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by the Company or any other user of or visitor to the Site due to someone else using your Account or password. You may not use anyone else's account at any time, without the permission of the account holder.

The Company reserves the right to restrict, suspend, and/or terminate your Account at any time, in its sole discretion, for any or no reason, with such right being in addition to any other right or remedy that the Company may have under these Terms of Use and at law or in equity.

LINKING

The Site may contain links to other websites and resources provided by third parties, such as links contained in advertisements, including banner advertisements and sponsored links (“Linked Sites”). These Linked Sites are provided solely as a convenience to our users and visitors. The Company has no control over the contents of the Linked Sites, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for those Linked Sites.

You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Unless you obtain the prior written consent of the Company, you must not establish a link in such a way as to suggest any form of association, approval or endorsement by the Company, including by linking within frames deep-linking or in-line linking. The Company may withdraw linking permissions at any time, without notice.

USER CONTRIBUTIONS

The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features that allow visitors or users to post, submit, publish, display or transmit (“posting”) to other persons content or materials ("User Contributions") on or through the Site. You agree that all User Contributions will comply with these Terms of Use. Any User Contribution you post will be considered non-confidential and non-proprietary. You agree that by posting any User Contribution, you are granting the Company and its affiliates and licensees, permission to use your User Contribution for any purpose, including without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and otherwise disclose to third parties your User Contribution; and to publish your name in connection with your User Contribution. You are entirely responsible for any User Contributions you submit or contribute, and you have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. The Company is not responsible, or liable to any person, for the content or accuracy of any User Contributions posted by you or any other person.

No compensation will be paid with respect to any use of your User Contribution. The Company is under no obligation to use any User Contribution, and the Company may remove any User Contribution at any time in its sole discretion. By posting a User Contribution, you represent and warrant that you own or otherwise control all of the rights to the User Contribution as described in these Terms of Use including, without limitation, all the rights necessary for you to post the User Contribution.

TERMINATION

You agree that the Company may, in its sole discretion and without prior notice, terminate or suspend your Account, your access to the Site and/or block or create limits to your access to all or part of the Site or any service offered on or through the Site, for any or no reason, including without limitation, breach of these Terms of Use. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and you consent to the Company obtaining any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.

The Company may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) the Company’s rights or property, or the rights or property of visitors to or users of the Site, including the Company’s customers. The Company reserves the right at all times to disclose any information that the Company deems necessary to comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. The Company also may disclose your information when it determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICE OR FEATURE OF THE SITE IS AT YOUR OWN RISK. THE COMPANY DOES NOT MAKE ANY SPECIFIC PROMISE ABOUT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE. FOR EXAMPLE, THE COMPANY DOES NOT MAKE ANY COMMITMENT THAT THE SITE OR ANY CONTENT, SERVICE, OR FEATURE OF THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.

THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY PRODUCTS OR SERVICES OBTAINED BY OR THROUGH THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION IS PART OF THE BARGAIN BETWEEN THE PARTIES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

LIMITATION OF LIABILITY

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL THE COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR PUNITIVE DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF THE COMPANY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, THE COMPANY’S LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF OR ON THE SITE PAID IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST THE COMPANY, OR (2) $100.00 USD. IN ALL CASES, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, shareholders, employees, agents, licensors, suppliers, successors and assigns, harmless from and against any demands, loss, liability, claims, damages, judgments, awards, costs, expenses or fees (including reasonable attorneys' fees) made against the Company by any third party due to arising out of or in connection with your use of the Site, including, but not limited to, your User Contributions, any use of the Content, services and products obtained by or through the Site, other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

GOVERNING LAW AND DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Ohio, without regard to its conflicts of laws provisions. You agree to personal jurisdiction by and venue in the state and federal courts in Cuyahoga County, Ohio, and waive any objection to such jurisdiction or venue.  Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses. In the event of any controversy or dispute between the Company and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within thirty (30) days, the parties shall be free to pursue any right or remedy available to them under applicable law.

GEOGRAPHIC LIMITATIONS

The Company is based in the state of Ohio in the United States and provides this Site for use only by persons located in the United States. The Company makes no claims that the Site or any of its Content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

UNSOLICITED IDEA SUBMISSION POLICY

THE COMPANY OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW OR IMPROVED PRODUCTS OR TECHNOLOGIES, PRODUCT ENHANCEMENTS, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SUBMIT ANY UNSOLICITED IDEAS, ORIGINAL CREATIVE ARTWORK, SUGGESTIONS OR OTHER WORKS IN ANY FORM TO THE COMPANY OR ANYONE AT THE COMPANY. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN THE COMPANY’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO THE COMPANY. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS, YOU STILL SUBMIT THEM, THEN REGARDLESS OF WHAT YOUR LETTER SAYS, YOU AGREE THAT: (1) YOUR SUBMISSIONS AND THEIR CONTENTS WILL AUTOMATICALLY BECOME THE PROPERTY OF THE COMPANY, WITHOUT ANY COMPENSATION TO YOU; (2) THE COMPANY MAY USE OR REDISTRIBUTE THE SUBMISSIONS AND THEIR CONTENTS FOR ANY PURPOSE AND IN ANY WAY; (3) THERE IS NO OBLIGATION FOR THE COMPANY TO REVIEW THE SUBMISSION; AND (4) THERE IS NO OBLIGATION TO KEEP ANY SUBMISSIONS CONFIDENTIAL.

MISCELLANEOUS

If any portion of these Terms of Use are found to be void or unenforceable, that portion will be limited or eliminated and replaced with a valid provision that embodies the intent of these Terms of Use, so that the remaining portion will remain in full force and effect. These Terms of Use make up the entire agreement between the parties regarding the Site, and supersede and cancel any prior agreements, whether oral or written. If we fail to enforce any of these Terms of Use, it will not be considered a waiver. These Terms of Use do not create or confer any rights or remedies on any third parties.

BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF SERVICE ARE A LEGALLY BINDING CONTRACT BETWEEN YOU AND THE COMPANY. IF YOU DO NOT AGREE, DO NOT USE THE SITE.