Terms and Conditions
Terms and Conditions Index
Acceptance of Terms and Conditions
Express Press, Inc. (referred to herein as “Express Press”, “Vendor”, “We”, “Us”, or “Our”). provides You (referred to herein as “You”, Your(s)”, “Client(s)”, or “User(s)”) with a wide range of services, including, but not limited to, digital and physical marketing materials (referred to herein, collectively, as “Service(s)” or “Product(s)”) through PghPress.com or this custom ordering domain (referred to herein as “Site(s)”).
Please read these Terms and Conditions carefully. These Terms and Conditions govern Your access and use of Our Sites as well as the provision and sale of Product(s) and Service(s) by Express Press Inc.
By accessing or using this Site You agree to be bound by these Terms of Conditions. If Your use of this Site is on behalf of any business, organization, or other entity of any kind, You represent and warrant that You are authorized to accept these Terms of Use on its behalf and to bind such business, organization, or entity to these Terms of Use.
We reserve the right to make modifications, alterations, or updates to this Site and these Terms & Conditions at any time and without notice to Users. You should review these Terms and Conditions each time You access this Site.
Content
This Site contains images, document layouts, artwork, text, designer tools, fonts, information, and other content (referred to herein as “Content”). This Site and all Content are copyrighted property of Express Press or copyrighted property of Our Clients. It is prohibited to copy, download, retain, publish, distribute, or use any portion of the Content, except as described in these Terms and Conditions. We reserve the right to add, modify, or delete any part of the Content at any time.
Use of Site
You are granted permission to access and use this Site and its Content for the sole purpose of preparing and ordering Services solely through Express Press. Copying, downloading, publication, retention, modification, reproduction, selling, leasing, distribution, or use of any portion of the Content is unauthorized and prohibited. Neither you nor any of Your affiliates shall access the source code to, reverse engineer, decompile, or disassemble the Site. You agree to use this Site in a responsible manner in accordance with Your and Our local laws and regulations. We reserve the right, at Our sole discretion, to suspend or terminate the account of any Client found to be violating these Terms and Conditions.
User Registration and Accounts
To use some of Our Services, We will require You to provide certain information about Yourself and (if applicable) Your business. You agree to provide complete, accurate, and true information. You agree to refrain from impersonating or falsely representing Your association with any person or entity. You are responsible for maintaining the confidentiality of your account information, Your log-in username, password, etc.; You shall be responsible for any and all transaction(s) by users (including without limitation, employees, past employees, representatives, partners, agents, etc.) with access to such account or password information. You are responsible for updating and notifying Us of any change of name, e-mail, phone number, billing address, shipping address, or other account information. We shall have no liability for any errors, losses, and/or damages of any kind, resulting from your failure to keep Your account information secure and current.
Data Privacy and Security
Express Press Inc. will maintain your data for the purpose of contacting you and facilitating business. We make our best efforts to protect you and your information. Express Press Inc. has secured industry proven third-party vendors to host this Site. Our third-party vendors utilize physical, electronic, and procedural safeguards to help ensure reasonable data security; safeguards include, but are not limited to, secure browsing, secure payment gateway, secure data storage, etc. However, do to the constantly evolving nature of the internet and software, We and Our vendors, assume no responsibility for any breach of this secure infrastructure, such as, including but not limited to, errors, virus, malware, hacks, outages, etc.
Electronic Communications
You also agree that We may elect to provide all communications and notices to you electronically by posting them on our website or by sending an e-mail to the e-mail address associated with Your account. You may withdraw your consent to receive communications from us electronically by contacting us. However, if you withdraw your consent to receive our communications electronically, We may choose to terminate Your account.
File Submissions, Uploads, and Your Proprietary Rights
You may upload, email, submit, or otherwise transmit materials to Us (collectively, “Files”). You agree that the Files will be lawful and in accordance with U.S. Federal law, the laws of Your jurisdictions, and the laws of Our jurisdictions. You warrant and confirm that You own the Files’ copywrite or have permission to use the copywritten Files. You agree to indemnify Express Press Inc., Our officers, and Our employees and hold Us harmless in any demand, suit, or claim arising out of any breach of this warranty and You agree to pay any judgement or reasonable settlement and attorney’s fees resulting from any such demand, suit, or claim. Any Files are non-confidential for all purposes. We may use the Files, Your logos, trademarks, and/or names for the provision of Product(s) and Service(s). You automatically grant, or warrant that the owner of the File(s) has expressly granted, Express Press Inc. a perpetual, non-exclusive, worldwide, irrevocable, and royalty-free license to use, modify or edit, translate, reproduce, distribute, and display such File(s), content, or derivative works in any manner. Users do not receive any trademark rights. All other trademarks/trade names are the property of their respective owners and are used by permission. You will retain all applicable copyright and intellectual property rights in Your File(s).
Confidentiality
You agree that Service(s) and / or information provided to You by Us is confidential and proprietary. You agree to take reasonable measures to maintain this confidentiality. Neither You nor any of Your affiliates will make any unauthorized disclosure, except to Your employees or consultants who require access to the information and agree to comply with these nondisclosure requirements. You acknowledge that any unauthorized disclosure may cause irreparable damage to Us.
Pricing
Express Press makes its bests effort to keep the prices on this Site up-to-date. With the constant variance and increase to material, labor, and distribution costs, We cannot guarantee that all of the prices on this Site are accurate. If You order Product(s) and/or Service(s) that require a price change, We will notify You. Clients that are invoiced may have $0 pricing on the Site, this in no way represents a free Service, your prices will appear on your invoice.
Color Quality
We guarantee that Our Products will meet industry color standards. We cannot control Your monitor’s color profile, so We cannot guarantee the actual print color will match the preview on Your monitor. We cannot guarantee “exact-color” accuracy throughout an order; we cannot prevent any potential subtle color shift(s) throughout a Product. We are not responsible for color changes and/or shifts that may occur during file conversion(s).
Over/Under Runs
We always try to be as accurate as possible concerning the quantity of your order, however We reserve the right to ship within 10% over or under the requested quantity. If you require an exact minimum, adjust Your order quantity to account for such potential under-runs.
Payment
All prices and dollar amounts on this Site are in United States dollars. We currently accept the following credit cards: VISA, MasterCard, American Express, and Discover. The card issuers We accept are subject to change. You guarantee that all credit card information You submit is valid, authentic, and is information You are authorized to use.
Certain credit card transactions and authorizations may take extended processing. This may affect Your Product(s) estimated production time and delivery date. If a charge against a credit card You provide is not authorized, not accepted, refused, or rejected we reserve the right to cancel your order without notice or liability.
Unless otherwise agreed upon by You and Us, all Service(s) must be paid for at the time of order submission and accompanied by an authorization to charge a credit card.
Unless otherwise agreed upon by You and Us, in the event You make any change(s) to an order or Product and additional charges are incurred, those charges will be applied to the credit card that was used for the original order.
Order Acceptance
Your e-mail order confirmation does not constitute Our acceptance of an order. We reserve the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer.
Order Approval and Proofing
We assume no obligation to proof or review the layout or content of your order. Even in the case of reorders, orders are printed ‘as-is’ when submitted; the customer is fully responsible for the proof or review of the final layout and content. We assume You have proofed and reviewed any submissions. We accept no liability for any and all errors, including but not limited to, grammar, cutting errors, folding errors, content, spelling, layout, bleeds, punctuation, transparency, crop marks, sizing, etc.
Transfer of Title
Risk of loss and title pass to Client upon delivery to, or pick-up from, Our third-party shippers. For digital Service(s), Clients agree that delivery of such Product(s) occurs at the time We transmit the Service(s) electronically.
Delivery Services and Mailings
We cannot guarantee the shipment or delivery of Products through Our third-party shippers. If you need to make a claim against the shipment for lost, damaged, not delivered, misdelivered, or delivered late Services, please notify us within thirty (30) days. You must retain all original shipping containers, packaging, and contents for Our inspection.
Order Cancellation
An order can be canceled at any time prior to it entering into production. If you cancel an order prior to it entering into production, Express Press will inform you of any pre-production Service or cancellation charges applicable. An order cannot be cancelled and no refund will be given once the order has entered production or thereafter. No refunds are issued for graphic design services.
Termination
If We suspect Your account information is inaccurate, or that you have violated these Terms and Conditions, we may suspend Your access to Your account, without notice. Repeated violations of these Terms and Conditions may result in Your permanent account termination, without notice. In addition, We reserve the right to discontinue Service at any time without reason or notice.
Governing Law
Terms and Conditions of Your use of this Site shall be governed by and construed in accordance with the laws of the State of Pennsylvania. Regardless of where You access this site, You agree that any litigation concerning these Site Terms and Conditions and Your use of this Site shall be filed and brought before courts located within the Allegheny County, Pennsylvania.
Indemnification
You shall indemnify and hold Express Press and its affiliates, and its and their officers, directors, employees, third-parties, agents, licensors, vendors, and server providers harmless from any and all claims, losses, damages, liabilities, costs, attorney’s fees, or any other expenses suffered or incurred by You to the extent that such are caused by or arise in connection with 1. A breach of any of Your obligations in this Agreement, 2. Any breach of Your representations and/or warranties contained in these Terms and Conditions, 3. Any claim arising from material integrated by You into our Product(s) or Service(s).
Disclaimer of Warranty
The site and its content are provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, warranties of merchantability, freedom from computer virus, timeliness, fitness for a particular purpose, or non-infringement. You acknowledge that operation of the site may not be uninterrupted or error free. While We make reasonable efforts to accurately display the attributes of Product(s), We do not warrant that Product(s) and/or Service(s) descriptions are accurate, reliable, and / or error-free. References and links to independent and/or third-party companies may appear on the site and are provided “as is” without warranty of any kind, either expressed or implied.
Limitation of Liability
In no event shall Express Press Inc., or its licensors, suppliers, or vendors, or the officers, directors, employees, or agents of any of them, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data, or profits, whether or not Express Press Inc. has been advised of the possibility of damage, arising out of or in connection with the use or performance of the site or Product(s) or Service(s) sold thereon, or of failure to provide Product(s) or Service(s) that you order from Express Press Inc. or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Express Press Inc. be liable or responsible for any damages or consequences arising from or related to Your inappropriate or unauthorized use of this site or its Content or our supplied Product(s) or Service(s).