Terms of Service ("Terms")

Last Updated on October 1, 2019

Please read these Terms of Service ("Terms" or "Terms of Service") which includes by reference our Privacy Notice carefully before using the PrintWithMe, Inc. website, www.printwithme.com (the “Site” or “Website”) and services (collectively referred to herein as the “Service” or the "Services”).

These Terms of Service are by and between PrintWithMe, Inc., including its assigns, subsidiaries and affiliates (“PrintWithMe”, “us”, “we”, or “our”), and you, the user of the Services.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.


Acceptance of Terms.


Your access to and use of our Services is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By using our Service, you confirm that you are at least 18 years old (or if you are between 13 and 17 years old, inclusive, that you are using the Services only with the approval of your parent or guardian), that you understand and agree to be bound by the terms set forth herein, and to any additional terms, conditions, rules, and guidelines that we post on our Site, and that you are legally able to enter into this agreement. If you disagree with any part of these Terms, then you may not access the Service.

Accounts


When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of your account and access to Services.

You agree not to disclose your secure links associated with the Service to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You agree not to create duplicate accounts, especially for any purposes of redeeming a marketing promotion for which are you ineligible or no longer eligible. Express violation of promotional terms in using the Service will result in retroactive cancellation of discounts and reinstatement of full charges.


Ownership


All rights, title, and interest in the Services (including all copyrights, trademarks, know-how, and other intellectual property rights) belong PrintWithMe or its licensors. In addition, the names, images, pictures, logos, icons and other marks identifying our products and services are proprietary marks bellowing to PrintWithMe. Except as expressly provided below, nothing contained herein should be construed as a conferring any license or right to intellectual property.

PrintWithMe shall have a perpetual, irrevocable, royalty-free, worldwide right to use any deidentified and aggregated data that arises from your use of the Services, provided such data is not identifiable to you.


Limited License and Right to Use the Services


PrintWithMe hereby grants you a nonexclusive, nontransferable, limited license to view and use information on our Site and our printing, scanning, and faxing devices (“Devices”), solely for your personal use, provided (a) you do not modify or alter the Site or its content, and (b) you do not cause damage, theft, or misuse of the Device(s).


Prohibited Uses


Your use of the Site or Service is conditioned upon these Terms and the following prohibited uses: you will not use the Service in violation of any applicable laws, rules or regulations. Without limiting the foregoing, you will not use our Services in connection with (a) infringement of intellectual property rights; (b) the unauthorized access to data including personal information; (c) transmission of defamatory materials, or (d) fraud. In addition, you agree to comply with any rules or regulations instituted by the owner of any third party location where any Devices may be located or where our Services may be performed (each, a “Participating Location”) during such time as you are visiting any such Participating Location.


Links to Other Websites


Our Services may contain links to third-party web sites or services that are not owned or controlled by PrintWithMe.

PrintWithMe has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. PrintWithMe makes no representations whatsoever about any other web site you may access through our Site and Services. You further acknowledge and agree that PrintWithMe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.


Termination


We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.


Indemnification


You agree to defend, indemnify and hold harmless PrintWithMe and its licensees, licensors, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, fines, penalties, settlements, losses, liabilities, costs or debt, and expenses (including but not limited to litigation expenses and attorney's fees), relating to, resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, b) your breach of these Terms, or c) your access or entry to, or your activities conducted at any Participating Location.


Limitation of Liability


IN NO EVENT SHALL PRINTWITHME, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, ATTORNEYS’ FEES, OR OTHER INTANGIBLE LOSSES) RESULTING FROM, OR ARISING IN CONNECTION WITH OUR SERVICE, REGARDLESS OF ANY NEGLIGENCE OR FAULT OF PRINTWITHME, INC., AND WHETHER OR NOT APRISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS A REFUND TO THE SAME CREDIT CARD YOU USED IN THE MOST RECENT TRANSACTION, OF THE AMOUNTS YOU PAID TO US WITHIN IN THE LAST 3 MONTHS. IN NO EVENT WILL THE AGGREGATE LIABILITY OF PRINTWITHME RELATED TO YOUR USE OF OUR SERVICE, BE GREATER THAN $100.00. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US.


Class Action Waiver


YOU UNDERSTAND AND AGREE THAT YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON YOUR OWN BEHALF, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.


Disclaimers


YOU AGREE THAT YOUR USE OF OUR SERVICE IS AT YOUR OWN SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR SATISFACTORY QUALITY ARISING FROM A COURSE OF PERFORMANCE.

PRINTWITHME, ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT a) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; b) ANY ERRORS OR DEFECTS WILL BE CORRECTED; c) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR d) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

You understand that PrintWithMe uses third party vendors and hosting partners to provide the necessary hardware, software, networking, infrastructure, marketing operations, storage, and related technology required to run the Service, FOR WHICH PRINTWITHME DISCLAIMS ANY LIABILITY.


Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.


Governing Law & Venue

This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Illinois, United States, exclusive of conflict or choice of law rules. Any action or proceeding with respect to these Terms or any matter arising out of or in connection with these Terms shall be brought exclusively in state or federal courts located in Cook County in the State of Illinois. You hereby irrevocably and unconditionally waive any objection which you may now or hereafter have to the laying of venue of any of the aforesaid actions or proceedings arising out of or in connection with these Terms brought in the courts referred to above.


Changes


We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.


Contact Us


If you have any questions about these Terms, please contact us.