Please read these Terms of Service carefully. These Terms of Service govern your access to this site and our products. MyEZPrinter provides its service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. By accessing any page on this site, you agree to be bound by these terms and conditions. In addition, when using particular MyEZPrinters services, you may be subject to additional posted guidelines or rules applicable to our affiliates or subcontractors, or specific to such services which may be posted on our site or on the sites of our affiliates or subcontractors, from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.
MyEZPrinter currently provides users with access to a large collection of on-line design, marketing and printing resources. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MyEZPrinter features, shall be subject to these Terms of Service. You understand and agree that the Service is provided "AS-IS" and that MyEZPrinter assumes no responsibility for deletion, mis-delivery or failure to store any user communication, design, graphic, or photo that you or any other person customizes or supplies.
I. MyEZPrinter does not, check any submission for spelling, grammar, or any other errors. The design will be printed as it appears during the approval step. It is the sole responsibility of the customer to ensure that all materials submitted for printing are formatted correctly.
II. MyEZPrinter guarantees prints will not be defective in accordance with CMYK industry standards for pleasing color. We offer no guarantee of "match-print" color fidelity and cannot prevent slight color shift throughout an order. MyEZPrinter does not guarantee color will match the preview as it appears on a customer's monitor, as we cannot compensate for color variance on each customer's monitor. MyEZPrinter is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. We recommend all custom designs be designed in CMYK and uploaded in CMYK. You may also upload in RGB if you choose. However, the color will be converted and may not be as accurate.
If a print is found to be defective due to the fault of MyEZPrinter, then you may contact MyEZPrinter to request a reprint or refund. MyEZPrinter must be contacted via e-mail at dhpeck@myezprinter.com or by phone at (208) 539-1875 within 30 days of receiving your order.
If product is deemed defective due to the fault of MyEZPrinter, one of the following resolutions will be offered:
A. If a reprint is requested, and the product is found to be defective, MyEZPrinter will reprint at no charge to the customer with the same production and delivery terms extending from the time of resolution. Samples may be requested from client prior to any action being taken; or
B. If a refund is requested, a Customer Representative will contact you to help resolve the issue. Customer must contact MyEZPrinter within five business days of communication from MyEZPrinters' Customer Representative to verify the request. MyEZPrinter reserves the right to request and review samples of the claimed defective product. If the product is found to be defective due to customer error, a refund may not be authorized. If the product is found to be defective due to an MyEZPrinter error, the product must be returned. The product must be received by MyEZPrinter within 15 days of the complaint.
III. Although refunds will not be offered for customer errors, MyEZPrinter may permit the customer to correct their error and reprint the original order at 50% of the price of each reprinted item. In such event, customer will be responsible for all shipping costs.
Customer errors include typos, incorrect file submission in accordance with our specifications, duplicate orders, misunderstandings of turnaround time stated on our FAQ page, slight color variances within four color (CMYK) industry standards for pleasing color, disregard for cutting and folding tolerances within stated limits on the website, undeliverable packages/3rd delivery attempts. Other errors that customers are responsible for include blank cards, borders incorrect card orientation, crop marks, incorrect folding orientation, hard to read text and images, missing logos, mini images, images that are not full bleed, colors that are out of gamut, designs that are outside of our stated safe zone and overly pixilated graphic files.
The following errors are also deemed customer errors and do not qualify for a free reprint:
(i) Designs where the text and other graphical objects are not placed well within the safe zone. MyEZPrinter recommends that text and other graphical objects be placed well within the safe zone. Customers should leave some space between the objects and the safe zone boundary;
(ii) Files that are submitted only to the trim line. This type of error may result in a product with an unaligned white border. MyEZPrinter recommends all backgrounds be designed to extend to the full bleed line;
(iii) Designs that have a border;
(iv) Files with rounded corners designed into the image.
IV. You may not place or reproduce any trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via the MyEZPrinter Service. Words, names, and designs used to identify services or products are considered trademarks, service marks, and/or logos.
The same policy applies for copyrights. You may not use copyrighted materials from artists, photographers, publishers, writers, composers, and other authors of original works unless they are specifically licensed to you by the copyright holder.
V. You acknowledge that MyEZPrinter may establish general practices and limits concerning your use of the Service, including without limitation the maximum number of days that designs or other uploaded Content will be retained by the Service, the maximum size of any Content that may be uploaded on the Service, and the maximum disk space that will be allotted on MyEZPrinter servers for Customer use. You agree that MyEZPrinter has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted to the Service. You acknowledge that MyEZPrinter reserves the right to delete Content stored on the Service which is inactive for an extended period of time. You further acknowledge that MyEZPrinter reserves the right to change its general practices and limits at any time, in its sole discretion, with or without notice to you.
VI. This site contains graphics, photographs, images, document layouts, artwork, text, fonts, software tools, and other information (referred to herein as "Content"). It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Service. MyEZPrinter reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. The image design tools provided on this Site employ a limited number of elements, including icons, fonts, color schemes, and design effects. MyEZPrinter reserves the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual image design elements through your creation of a image design and/or your incorporation of a image design into one or more products. Other MyEZPrinter customers may use the design tools to create images that have similar or identical combinations of these elements and MyEZPrinter does not guarantee that your image will not have similarities to images designed and used by other parties. MyEZPrinter provides no warranty of any kind that image designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether the image design is legally available for your use and does not infringe the rights of another party.
While MyEZPrinter does pre-screen Content, MyEZPrinter shall also have the right (but not the obligation) in its sole discretion to remove any Content that violates the Terms of Service or may otherwise be objectionable. You further acknowledge and agree that MyEZPrinter may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
You agree to comply with all rules, regulations and laws or other requirements regarding online conduct and acceptable Content. MyEZPrinter does not censor any material nor review material to determine whether it is in compliance with the law. MyEZPrinter accepts no liability for materials that are subject to copyright or trademark protections or that are otherwise in violation of the law. MyEZPrinter will not be held accountable for possession of illegal materials or illegal use of materials in connection with the Service. MyEZPrinter does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will MyEZPrinter be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable.
(i) Comply with legal process;
(ii) Enforce the Terms of Service;
(iii) Respond to claims that the Content violates the rights of third-parties; or
(iv) Protect the rights, property, or personal safety of MyEZPrinter, its users and the public.
VII. You agree to indemnify and hold MyEZPrinter, and its subsidiaries, officers, agents, affiliates or subcontractors, employees, successors or assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of the rights of a third party.
VIII. Refused or undeliverable orders are not a valid reason for reprint or refund and reshipment of the order will be at the customer's expense. MyEZPrinter.com utilizes third-party carriers to deliver your order and is not liable for delivery problems caused by these carriers. MyEZPrinter.com makes no guarantee about time in transit of any shipping method. In the event an order is lost, misplaced or damaged while in transit, a notification of non-receipt must be sent via e-mail to service@ MyEZPrinter.com and include the invoice number.
MyEZPrinter is allowed 5 business days from the time of notification to respond with one of the resolutions below:
A. Store credit or refund may be given for dated material delayed in shipping.
B. When lost packages cannot be located or are verified as having been damaged, MyEZPrinter will reprint with the same production and delivery terms extending from the time of resolution.
C. If the lost package is located, MyEZPrinter will redirect the lost order with the same delivery terms extending from the time of resolution. Packages located by the carrier will be rerouted to the customer promptly upon discovery. Shipping carriers typically require a 10 business day window for refund of shipping costs.
IX. MyEZPrinter is a company based only in the United States of America, and will only ship orders within the 50 states, and Canada. Please be advised that if you are ordering products with a tight deadline, you should call and request next day air, 2nd day air or 3rd day air to insure a timely arrival.
X. You understand and agree that MyEZPrinter and its officers, employees, agents, vendors, affiliates or subcontractors, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MyEZPrinter has been advised of the possibility of such damages), resulting from:
(i) Your use or inability to use the Service;
(ii) Your cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
(iii) The unauthorized access to or alteration of your transmissions or data;
(iv) Statements or conduct of any third party on the Service;
(v) Delays in receipt of an order; or
(vi) Any other matter relating to the Service.
XI. MyEZPrinter cannot be held responsible for any inability to print on the product after purchase. MyEZPrinter products are often coated and can be difficult to print on. UV coated products cannot be printed on while matte covered products may require commercial printers. Please test using a sample and verify that your printer will work before placing an order. Samples can be ordered online for free. Problems printing on products using after-market printers is not a valid reason for reprint or refund.
XII. MyEZPrinter does not refund, cancel or credit if the service failure is caused, in whole or in part, by acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, or other circumstances beyond our control.
XIII. Orders may be canceled through direct email communication or by phone. Orders that have already printed cannot be canceled.
XIV. MyEZPrinter offers you the ability to use Paypal checkout. All payment transactions from the web site are taken through paypal only. MyEZPrinter has determined that paypal is the most secure method for credit payment transactions. Specific consumer credit card details are not available to merchants, or its employees, therefore no employee or affiliate of DH Peck Marketing or MyEZPrinter can obtain this information personally. Payment can be accepted via phone through the accounting office of Jana Peck CPA, or the principle officers of DH Peck Marketing only.
XV. MyEZPrinter reserves the right to contact you via phone, e-mail, or post mail regarding current and/or future orders placed with MyEZPrinter. Any customer may opt out of receiving future contact from MyEZPrinter at any time, by unsubscribing from our email correspondence.
XVI. MyEZPrinter reserves the right to share contact information with its trusted and reputable corporate partners. These entities abide by their own terms of service and privacy policy. Any further information you provide to the third party and any dealings you have with the third party will be governed by the privacy and other policies of that third party. However, we will never provide your credit card or other payment details to any third party, other than for the purposes of processing payment for your order.
XVII. MyEZPrinter reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice to you. You agree that MyEZPrinter, in its sole discretion, may terminate your account (or any part thereof) or your use of the Service, and remove and discard any Content for any reason, including, without limitation, for lack of use or if MyEZPrinter believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. MyEZPrinter may also in its sole discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice to you. You agree that MyEZPrinter shall not be liable to you for any loss or damage you may suffer due to any modification, suspension, termination or discontinuance of the Service.
XVIII. From time to time, you may find, links to third party websites from the Service. You acknowledge your understanding that your access to and use of any third party website will be governed by the terms and conditions belonging to such third party. MyEZPrinter does not endorse and is not responsible for your use of or exposure to any content, advertising, products, or other materials found at or available from these websites. You further acknowledge and agree that MyEZPrinter shall not be responsible or liable, directly or indirectly, for any damage or loss you may suffer or allege to suffer in connection with your use of or reliance upon any content, goods or services available on or through any third party website.
XIX. Your correspondence or business dealings with, or participation in promotions of, any third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that MyEZPrinter shall not be responsible or liable for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of such third parties on the Service.
XX. Except as expressly set forth herein:
A. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. MyEZPrinter expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
B. MyEZPrinter makes no warranty that
(i) the Service will meet your requirements,
(ii) the Service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the Service will be accurate or reliable, and (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
C. No advice or information, whether oral or written, obtained by you from MyEZPrinter or through the use of the Service shall create any warranty not expressly stated in these terms of service.
XXI. The Terms of Service constitute the entire agreement between you and MyEZPrinter and govern your use of the Service, superseding any prior agreements between you and MyEZPrinter. As referenced in the following paragraph, you also may be subject to additional terms and conditions that may apply when you use affiliate services, or third-party content. These Terms of Service and the relationship between you and MyEZPrinter shall be governed by the laws of the State of California, without regard to its conflict of law provisions. For the purpose of resolving any dispute, the state and federal courts located in Twin Falls County, Idaho shall have exclusive jurisdiction. The failure of MyEZPrinter to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
XXII. LINKS TO OTHER SITES: From time to time you may notice offers from other companies we are affiliated with, advertised on our website. We take precautions to select product or service providers who are responsible and able to provide privacy protection to you, in case you access their products or services. However, we cannot take any responsibility or make any representations about the practices and policies of the affiliate companies. When clicking on such a link, you agree that you are no longer protected by our Privacy Policy.
XXIII. MODIFICATIONS TO THE WEBSITE, PRODUCTS, OR SERVICES: We reserve the sole right, for any reason, with or without notice to (i) terminate, change, suspend, or discontinue any aspect of our website, product, or service or in its entirety including features and hours of operation and availability, and (ii) impose limits on certain or all features of our website, products, and services, or restrict your access to a part or all of our website, products, and services. All or part of our website, products, or services can be subject to change with or without prior notice and solely at our discretion based on emerging technologies, business practices, and customer needs.
XXIV. REFUSAL OF SERVICE: We hold the sole right to be the arbiter of what is and what is not a violation of our Privacy Policy and Terms of Service. We reserve the right to refuse service to, or terminate the order of any user, for any reason, at our sole discretion. We also reserve the right at our sole discretion to require proof that you are authorized to distribute the content developed using our website, products, or services. We may refuse or terminate orders if we believe that the conduct of any user violates any applicable law. If any of our users engage in any behavior that we feel is detrimental to our services, then we reserve the right to terminate that user's order immediately.
MAILING SERVICES TERMS AND CONDITIONS:
In addition to the foregoing, the following additional Terms and Conditions apply to mailing list orders:
I. LIMITED RIGHT TO MAILING LIST PROVIDED BY MYEZPRINTER: You will have a limited right as to the mailing list subject to these terms and conditions. Your sole right is a one-time right, to have MyEZPrinter obtain the mailing list and mail your product to the addresses set forth on that list. You agree not to sell, license, transfer or otherwise make available any portion of the information on the list to anyone outside of your business organization.
II. CUSTOMER RESPONSIBILITIES: You agree that it is your responsibility to understand and comply with all applicable foreign, federal, state, and local laws, rules, and regulations including, but not limited to, do not call and do not fax regulations. Customer acknowledges that it is aware that certain jurisdictions have enacted restrictions regarding direct marketing and customer understands that customer should consult with legal counsel regarding applicable laws before initiating a direct mail, fax or telemarketing campaign. You agree to indemnify and hold MyEZPrinter, its subsidiaries, affiliates, service providers and subcontractors harmless against all claims related, in whole or in part, any failure to comply with such laws, rules, and regulations. For the purpose of resolving any dispute in any way related to your use of the information, or these terms and conditions, the state and federal courts located in Twin Falls County, Idaho shall have exclusive jurisdiction. You agree that such courts represent "convenient and appropriate" forums for this purpose.
III. EXCLUSIVE LIMITED WARRANTY: MyEZPrinter obtains its databases from various sources. MyEZPrinter cannot and does not assume any liability for the correctness or comprehensiveness of the mailing list. You will have 15 days after purchasing the mailing list to inspect and notify MyEZPrinter of any problems or mistakes. If MyEZPrinter is notified of any problem or mistake within 15 days from the date of your purchase then MyEZPrinter will correct the problem or, in its sole discretion, refund that portion of the purchase price relating to incorrect information. This warranty does NOT apply to printed and/or mailed products. Once the mailing list has been used, no refunds will be given. This warranty is a limited warranty and MyEZPrinter makes no other warranties, express or implied, including without limitation, any express or implied warranties of merchantability or fitness for a particular purpose. In no event shall MyEZPrinter, its subsidiaries, affiliates, service providers and subcontractors be liable for lost profits, consequential, incidental, or special damages, or other claims of a similar nature. If this limited warranty should fail of its essential purpose, and in all other cases, MyEZPrinter entire liability shall be limited to the amount actually received by MyEZPrinter on account of your purchase.
IV. All mailing list transactions are final. No refunds will be available on any list transaction unless covered in the aforementioned limited warranty. MyEZPrinter does not refund postage charges on mailed items. Postage charges are estimated based on bulk mail rates for standard and first class from the USPS. Mailing less than 100 postcards will incur an automatic service fee of $25.00 for processing. The addition of mailing services to a purchase should be expected to increase the shipment date of your order by two business days. MyEZPrinter cannot guarantee delivery times on items mailed through the USPS. In the event that there are more postcards than valid records in the mailing list, the excess postcards can be shipped to you at a cost or will be thrown away in an insecure location. Do not include confidential or private information in your postcard design.
ONLINEDESIGNUTILITY