Terms & Conditions

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. WHEN YOU ACCESS, BROWSE AND/OR USE THIS WEBSITE (INCLUDING THE ORDERING OF PRODUCTS THROUGH THIS WEBSITE) YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS & CONDITIONS STATED BELOW AND ALL APPLICABLE LAWS.

IF YOU DO NOT AGREE WITH ANY CHANGE, MODIFICATION OR AMENDMENT OFFICEGRAPHICS MAY MAKE TO THE SITE TERMS YOU MAY WITHDRAW YOUR CONSENT TO BE BOUND TO THE CHANGES BY NOTIFYING OFFICEGRAPHICS IN WRITING IMMEDIATELY. IF YOU WITHDRAW YOUR CONSENT, HOWEVER, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF YOUR ACCOUNT AND THIS WEBSITE. YOUR ACCOUNT WILL BE DEACTIVATED AND YOU WILL NO LONGER BE ELIGIBLE TO USE THIS WEBSITE OR ORDER FURTHER PRODUCTS OR SERVICES FROM OFFICEGRAPHICS. IF YOUR ACCOUNT IS DEACTIVATED, THIS WILL NOT AFFECT YOUR RESPONSIBILITY FOR PAYMENT OF JOBS ALREADY COMPLETED AND/OR IN PRODUCTION.

NOTE: AS MORE FULLY EXPLAINED BELOW, OFFICEGRAPHICS, LLC RESERVES THE RIGHT TO CHANGE, MODIFY OR AMEND THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THIS SITE IS AND WILL BE DEEMED TO BE YOUR AGREEMENT TO BE BOUND BY ANY SUCH MODIFICATIONS, ALTERATIONS OR UPDATES.

MODIFICATION OF SITE TERMS

OfficeGraphics reserves the right to modify, change and/or amend the Site Terms (these Terms and Conditions and/or one, more or all of the additional terms and policies referenced above) from time to time. The right to modify, change and/or amend the Site Terms is exclusive to and within the sole and exclusive discretion of OfficeGraphics.

If the Site Terms are changed, modified and/or amended, OfficeGraphics will post the new terms on this Website and the “last updated” date relevant to the terms and conditions containing the change will be changed. Any changes, modifications and/or amendments will be effective upon the posting of the revised terms to this Website. By agreeing to these Site Terms, you are also agreeing that the posting of any such changes constitutes notice to you of the changes, modifications and/or additions and you acknowledge that it is your responsibility to review these Site Terms (and each of the components thereof) each time you visit or use this Website.

If you do not agree with any change, modification, or amendment OfficeGraphics may make to the Site Terms you may withdraw your consent to and agreement to be bound to them by notifying OfficeGraphics in writing immediately. If you withdraw your consent, however, you must immediately discontinue your use of your account and this Website. Your account will be deactivated and you will no longer be eligible to use this Website or order further products or services from OfficeGraphics. If your account is deactivated, this will not affect your responsibility for payment of jobs already completed and/or in production.

OfficeGraphics may from time to time elect, in its sole discretion, to notify you of changes to its Site Terms and policies via additional means such as e-mail (in addition to posting the changes to this Website). The fact that on one or more occasions OfficeGraphics has elected to notify you via such additional means does constitute an agreement of any kind by OfficeGraphics that it will do so in the future; the posting of modifications, changes and/or amendments to this Website remains effective notice of such modifications, changes and/or amendments.

ELECTRONIC COMMUNICATION

Your use of this Website constitutes your agreement and consent that OfficeGraphics may communicate with you electronically for all purposes. This includes all legal and notice requirements. Such electronic communications may take the form of postings to this Website and/or e-mails forwarded to the e-mail address you provide when you register with OfficeGraphics. You may withdraw your consent to receive electronic communication at any time, but if you withdraw your consent, it will only be effective prospectively (not for jobs already ordered or in production). Your account will be deactivated, and you will no longer be eligible to use this Website to order further products or services from OfficeGraphics. If your account is deactivated, you will remain responsible for payment of print jobs already completed or in production.

This electronic document, together with any other electronic documents, policies and guidelines incorporated herein, as well as any e-mail communication with you, will be deemed for all purposes to be a “writing” or “in writing,” and will comply with all statutory, contractual, and other legal requirements for a writing. All such electronic documents will be legally enforceable as a signed writing as against the parties subject to the electronic documents. They will be deemed an “original” when printed from electronic records that have been established and maintained in the ordinary course of business. Electronic documents that are established and maintained in the ordinary course of business will be admissible in judicial, arbitration, mediation, or administrative proceedings to the same extent as other records in written form that are similarly established and maintained in the ordinary course of business.

SITE USE

You are being provided with a limited license to use this Website and Site Content solely for the purpose of assessing the product and service offerings on the Website and placing orders for the products and services offered by OfficeGraphics via this Website. You are not conveyed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of OfficeGraphics or any third party. You may not use any meta-tags or other “hidden text” utilizing OfficeGraphics’s name or trademarks without OfficeGraphics’s express written consent. Unless you receive OfficeGraphics’s express written consent, you may not:

• resell or make any other commercial use of this Website (or any portion thereof), or the Site Content;
• modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into a readable format, any part of this Website or its underlying HTML or other code (except as it may be interpreted and displayed by web browser for purposes of using the Website).
• copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, or transmit any Site Content (including any OfficeGraphics trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;
• make a derivative use of the Website and/or any Site Content; or
• utilize data mining, gathering or extraction methods such as bots, spiders, or other automated tools (whether directly or indirectly) to collect information from the Website or any user of the Website. 
• You agree to abide by these Site Terms and not to use the products and services offered by OfficeGraphics for any improper, illegal, unsolicited, or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of improper solicitation.

OfficeGraphics may terminate this license and your use of or access to this Website if you make or permit any unauthorized use of this Website or the information, Site Content, services, products, and materials contained in or offered through this Website. Such actions by you may also violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Registration

In order to take advantage of the full functionality of this Website and to order products and services it will be necessary for you to register and establish a membership account with OfficeGraphics. In the event that updated, new, additional and/or enhanced features are added to this Website, previously registered users will not generally be required to re-register, however, you may be required to re-acknowledge these Terms and Conditions and/or other terms and conditions that may accompany these new features, updates and/or enhancements.

When you register, you agree to provide accurate and current information about yourself (and your company) as requested during the registration process. You also agree to update and maintain your account information so that it remains accurate and current.

Not all products and services on this Website are available to all customers. The products and services available to you will depend on your overall relationship with us, as measured by our loyalty program. You agree that when you access and use this Website, you are only entitled to order those products and services that are available within the loyalty level you are assigned to at that time.

As part of the registration process, you will be required to create a User ID and choose a password. It is your responsibility to choose an appropriate password and to keep it confidential. You are responsible for all activities that occur under your User ID and password. If you believe your User ID/password has been compromised in any way you should immediately change it by logging on to your account and then following the instructions for changing your password. You agree that you will immediately notify OfficeGraphics in the event you become aware of any unauthorized use of your user ID or password.

Customer Provided Content

For certain product and service offerings you may elect to electronically upload or otherwise submit data, text, photographs, graphics, messages, or other materials (collectively, “Customer Content”) to OfficeGraphics for inclusion in print products. You understand and agree that you (and any other person from whom it may have originated) are solely responsible for all Customer Content. When you upload, or otherwise provide Customer Content to OfficeGraphics you warrant and confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process, and you agree to defend, indemnify and hold OfficeGraphics and its officers, directors, employees, shareholders agent and affiliates, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney’s fees incurred by OfficeGraphics in defending against such suit, demand or claim.

OfficeGraphics does not maintain Customer Content indefinitely. Customer Content uploaded to the Website with an associated order will be kept on file for a period of up to 15 (fifteen) days. At the end of that time, it may be deleted and irreretrievable. Please note that Customer Content uploaded to OfficeGraphics cannot be used to re-order an additional print job; it is only maintained for reprint purposes.

You agree that you will not send, upload, post or otherwise transmit to OfficeGraphics any Customer Content that contains material that: (i) is unlawful, threatening, abusive, defamatory, obscene, and/or promotes racism or discrimination of any kind; (ii) which invades another person’s privacy; (iii) which would further the commission or concealment of a crime; (iv) advocates or urges treason, insurrection, sedition or forcible resistance to any law of the United States; (v) is not lawfully yours to transmit; (vi) is the subject of, or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; (vii) contains software viruses, trojans, malware, or other harmful or malicious computer code, or that in any other way would way interfere with or disrupt the services and/or production of OfficeGraphics and/or or any servers or networks connected to or used in connection with the delivery of such service and production.

You acknowledge that OfficeGraphics does not pre-screen Customer Content, but that OfficeGraphics reserves the right to do so at any time and that OfficeGraphics and its affiliates will have the right (but not the obligation) in their sole discretion to remove any Customer Content and/or to refuse to fulfill a print job or order that violates these Site Terms or that may otherwise be objectionable. You further acknowledge and agree that OfficeGraphics may preserve Customer Content and may also disclose Customer Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Site Terms; (c) respond to claims that the Customer Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of OfficeGraphics, its employees, users and the public in general.

Regardless of the upload of Customer Content to this Website, and/or the inclusion of Customer Content into any product or service offered through this Website, OfficeGraphics retains all of its rights in and to all Site Content on this Website, whether created by, for or on behalf of OfficeGraphics.

Please note that if your order requires additional customization to be done by a third party, OfficeGraphics is no longer responsible for the order and OfficeGraphics’s liability to you is terminated at the time the order leaves OfficeGraphics.This includes packaging and label orders also.

Use of Design Tools

The design tools available on this Website are made available to all users of the Website. In the event you create a design, such as a sign, emblem or logo, you do not obtain any right or claim to any of the individual design elements made available through this Website that enabled the creation of the design, and these design elements are and will continue to be the property of OfficeGraphics (or the licensor if applicable) and will remain freely available to other OfficeGraphics customers. Your use of the Site Content provided on this Website and/or the creation of products or materials using such Site Content does not create joint authorship, joint ownership, works made for hire, or any other interest of any kind, with OfficeGraphics in or regarding such Site Content.

It is solely your responsibility to determine whether any design you may create using the design tools made available to you by OfficeGraphics, infringes, or may be subject to a claim of infringement upon the trademark, copyright, or other rights of a third party. You should consult with an attorney as to whether a design you create may infringe upon the rights of another party.

This site may contain links to websites that are owned and/or operated by third parties, and that are not under the control of OfficeGraphics. These links are provided only as a convenience. OfficeGraphics does not evaluate, review, monitor, or endorse the content of such sites and is not responsible in any way for the information, services, products, or other materials available on or offered by such sites, the accuracy of the content on such sites, and/or the privacy, security, and safety practices of such sites. You expressly understand and agree that if you access any such sites through a link provided by OfficeGraphics then you do so at your own risk.

Uploaded Content Requirements

We strongly recommend that content uploaded to OfficeGraphics for print fulfillment is:

At a minimum of 300 DPI at 1:1 ratio (or 100%). Content that does not meet this standard may experience print or images that are fuzzy, pixelated or otherwise distorted for which OfficeGraphics does not accept any responsibility. We reserve the right to reject content that does not meet this standard, but we do not assume any obligation to verify that the content meets this criterion.

Designed in CMYK and uploaded to OfficeGraphics in CMYK with no embedded color profile. (You may upload in RGB or some other standard if you choose, however, the color will be converted and OfficeGraphics is not responsible for any inaccuracy or color shift that occurs as a result of the conversion).

Color Quality

OfficeGraphics guarantees that its prints will meet CMYK industry standards. We cannot guarantee “match-print” color fidelity and cannot prevent slight color shift throughout an order. Because we cannot control the color reproduction of a customer’s computer monitor, we cannot guarantee that the actual print color will precisely match any preview as it appears on your monitor. OfficeGraphics is not responsible for any color shift in converted photographs (RGB images) with black, near black, or gray tones. Color shifts from a perceived black or gray must be addressed prior to file submission. Proofs do not guarantee black, near black or gray final output. Please note that the application of UV coating may have an effect upon or change the appearance of printed colors. OfficeGraphics is not liable for the final color appearance of a UV-coated product.

Production Turnaround Time

OfficeGraphics’s standard turnaround is dependent on the product ordered; if you do not specify otherwise, you will be charged for standard turnaround for the relevant product.

Turnaround times do not include shipping time. The estimated date you will receive your order is a combination of the selected turnaround time and shipping time. Once your order is placed your turnaround time generally cannot be changed and billing charges will not be reversed.

For your convenience, depending on the product ordered, OfficeGraphics offers a variety of different production turnaround times. Not all of the following turnaround times are offered on every product; the available turnaround times will be listed with the product as part of the order process.

Next Business Day — all production ready jobs received and confirmed by no later than 10:00 a.m. will be ready by the end of the next business day. Production ready jobs not placed and confirmed by 10:00 a.m. will be treated as having been received before 10:00 a.m. the following business day.

Next Day Plus 1 – -all production ready jobs received and confirmed by no later than 1:00 p.m. will be ready by the end of the second business day after receipt. Production ready jobs not placed and confirmed by 1:00 p.m. will be treated as having been received before 1:00 p.m. the following business day.

2-4 Day –all production ready jobs received and confirmed by no later than 1:00 p.m. will be ready between 1:00 p.m. the second business day after receipt and 1:00 p.m. on the fourth business day after receipt.

5-7 Day –all production ready jobs received and confirmed by no later than 1:00 p.m. will be ready between 1:00 p.m. the fifth day after receipt and 1:00 p.m. on the seventh day after receipt.

7-9 Day — all production ready, approved jobs received and confirmed by no later than 1:00 p.m. will be ready between the seventh and ninth business day.

Please note: –Turnaround times for jobs that OfficeGraphics does not deem production ready (e.g., those with problems or that require a proof) will not begin until the job is approved and ready for production.

If you choose group shipping this may add at least one additional day to your chosen turnaround time.

Over/Under Runs

Although we endeavor to ship the quantity ordered, OfficeGraphics reserves the right to ship within 5% over or under the requested quantity. If a minimum quantity is a necessity, we recommend that you adjust the total quantity ordered to account for the possibility of an under run.

Order Approval/ Proofing

OfficeGraphics has and assumes no obligation to proof or otherwise review the content or layout of your order. Even if a OfficeGraphics customer service representative has inquired as to the attributes of one of your prior orders, you are not entitled nor should you assume that OfficeGraphics will review any other order you place. Orders are printed in their “as submitted” form and the customer is fully responsible for final proof and layout verification and approval prior to submission to the print process. OfficeGraphics DOES NOT make any changes on customer files. Once you submit an order to the print process you are agreeing that you are fully satisfied with the document layout and content, and you accept responsibility for any errors therein. OfficeGraphics will assume that you have verified the spelling, grammar, content, and layout, etc. are all correct and it will not accept any liability for errors such as misspelling, graphics, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut, or fold lines, die lines or crop marks, sizing, etc.

OfficeGraphics does not provide proofs of any order unless the customer requests it as part of the order process, and it is an option available for the product. If you request a proof then it is your responsibility to verify the proof against the original (and to correct any spelling or grammatical errors, etc.).

If a proof is requested, then your job will not be processed or deemed production ready until you have approved the proof in writing. Please be aware that this may impact the job turnaround time.

EDDM Services

OfficeGraphics offers two options for EDDM services: Print Only and Full Service.

Print Only:

The EDDM products are printed for delivery to you or for pickup. You may choose to have your products bundled in packs of 50 or 100, pieces, or you may choose to have the entire order delivered “loose,” i.e., not bundled. If you select Print Only, we do not fulfill any of the USPS requirements for EDDM (whether Retail or Business Mail Entry Unit) products other than the bundling service; you are solely responsible for the setup and delivery of the products to the appropriate United States Postal Service (“USPS”) location. We do not select or assist in selecting the postal routes for your EDDM mailing, and we are not responsible for (and do not verify) the layout or setup of your EDDM mailing piece, including, without limitation, the sufficiency and placement of the address and mailing indicia location. Please consult the USPS website for applicable rules and guidelines for proper EDDM processing.

Full Service:

Full Service EDDM provides an interactive map that allows you to select USPS postal routes for your order. This information is provided on an “as is, where is” basis and OfficeGraphics makes no representation that the information is current or accurate at the time your order is placed. Once you have selected the appropriate routes, you must use the OfficeGraphics provided template (with pre-set mailing indicia) to create your EDDM mailing piece and to upload the file to OfficeGraphics. If you moved the location of the mailing indicia or address section, please verify that you have complied with USPS rules and guidelines.

Once uploaded, your EDDM order will be printed as received with the number of products needed for delivery. It will be bundled, prepared for mailing, and dropped off to the USPS location closest to the OfficeGraphics production facility that is fulfilling your order. Upon delivery to this USPS location, USPS assumes all responsibility for delivery to your selected postal route(s), and your order is subject to all USPS rules, guidelines, and timelines. Any delay, damage or loss occurring after delivery of your order to USPS is the responsibility of the USPS.

When you place your Full-Service Order, you can select a “Target in Mailbox Date,” which is typically a minimum of 12 (twelve) business days from the date you place the order. The Target in Mailbox Date is an estimate based on information provided to us by the USPS. OfficeGraphics does not guarantee that your order will be delivered to your selected postal route(s) by or on a chosen Target in Mailbox Date.

If your order includes time sensitive or dated materials, we recommend that you use the Print Only option, place your order well in advance of the date needed for delivery to the USPS and select a shipping service level that ensures delivery to you by a certain date. If you decide to use the Full-Service option for time sensitive or dated material, you are assuming the risk that the materials may not be delivered on time, and we recommend selecting a Target in Mailbox Date that is at least 25 days from the date you place your order. A better alternative for time sensitive or dated material may be to use OfficeGraphics’s mailing service. Please contact our customer service department for more information.

The Full-Service option requires the use of OfficeGraphics’s mailing indicia. We provide USPS approved templates, with the mailing indicia and address location pre-loaded, for your download and use. If you move or alter the position of the mailing indicia or address section, however, you are solely responsible for ensuring the new positioning complies with USPS requirements. We will not verify your compliance with USPS requirements when you upload the file to us for processing.

Please Note: No refunds will be given, whether you choose the Print Only or Full-Service option, if the mailing indicia and/or address area do not meet USPS requirements.

Direct Mail Services

OfficeGraphics, Inc., is responsible for data processing and printing only, and does not archive, transfer, store, or distribute mailing addresses provided by our customers. Mailing service can only be provided to orders printed by OfficeGraphics. Mailing pieces must not have UV coating on the postage side to allow for addressing. All mailing orders must be paid in full along with a completed PAMF (Proof Authorization Mailing Form) approval before mailing. Postage amount must be paid by check only. All other services are paid by credit card. *Quantities exceeding 25,000 may take longer than the typical 1-3 business days to turn around. All remainder/samples cannot be sent out prior to mailing.

Any delay, damage or loss occurring after delivery of your order to USPS is the responsibility of the USPS.

Payment

All prices and dollar amounts on this Website are in United States dollars. OfficeGraphics presently accepts the following credit cards: VISA, MasterCard, American Express, and Discover. We reserve the right to stop accepting credit cards from one or more issuers.

In order for you to register with and order products and services from OfficeGraphics it is necessary for you to provide and keep on file a valid, authentic and current credit card, which you are authorized to use. By submitting a credit card number to OfficeGraphics you are representing and warranting that the credit card information you provide is valid, authentic, current, and one that you are authorized to use it. You agree that in the event the credit card information you have provided becomes invalid, out of date or that you are no longer authorized to use the card, you will immediately provide another credit card number that is valid, authentic, and current, and which you are authorized to use. Some electronic transactions may require extended processing in addition to credit card authorization. You will be notified by a OfficeGraphics customer service representative if extended processing is required to complete your transaction request through our Website. This may affect your estimated delivery date.

Unless OfficeGraphics agrees otherwise, all product and service orders must be paid for at the time of the order and accompanied by an authorization to charge a credit card on file with OfficeGraphics or to charge a valid, authentic, and current credit card, which you are authorized to use, that you provide at the time of the order. (If new credit card information is provided at the time of the order it will be added to the credit card information kept on file; OfficeGraphics will not assume that previously provided credit card information is not valid). If a charge against a credit card you provide is not authorized or accepted, or is subsequently refused or rejected, we reserve the right to cancel your order without notice or liability.

In the event you make one or more changes to an existing order that incur additional charges, those charges will be applied to the credit card that was used for the original order, or to an alternative credit card that you provide to us.

In the event that OfficeGraphics and you have agreed upon an alternative method of payment and the payment is not received within five (5) business days of the date on which payment was due you hereby irrevocably agree that OfficeGraphics may charge one or more of the credit card(s) you have on file for the full amount of your outstanding account balance.

Order Cancellation

A print order can be canceled at any time prior to it entering into production. If you cancel an order prior to it entering into production, an OfficeGraphics customer service representative will inform you of any cancellation charges incurred. (Please allow at least 10 business days for any refunded monies to be credited to your account). A print order cannot be canceled, and no refund will be given once it has entered into production or any process thereafter. No refunds are issued for Logo and Graphic design services. All cancellations must be completed through this Website by accessing your Pending Orders. If you do not see a button for cancellation, the job has gone into production and cannot be canceled.

DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY

THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OFFICEGRAPHICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, WITH RESPECT TO THIS WEBSITE AND THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE. OFFICEGRAPHICS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, THAT THE SERVICES AND PRODUCTS OFFERED WILL MEET THE USER’S REQUIREMENTS, OR THAT THE SERVICES AND PRODUCTS WILL BE PROVIDED IN A TIMELY, UNINTERRUPTED OR SECURE MANNER. OFFICEGRAPHICS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. OFFICEGRAPHICS DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES, TROJANS, MALWARE, OR OTHER HARMFUL OR MALICIOUS COMPONENTS, EVEN IF OFFICEGRAPHICS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF SUCH POSSIBILITY. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK.

IN NO EVENT WILL OFFICEGRAPHICS, OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, BE LIABLE (JOINTLY OR SEVERALLY) TO ANY PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OF ANY KIND OR NATURE, UNDER ANY LEGAL THEORY, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS AND/OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT OFFICEGRAPHICS HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR PERFORMANCE OF THIS WEBSITE; (2) ERRORS OR FAULTS IN THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE; (3) THE USE OF INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS PROVIDED THROUGH THIS WEBSITE; (4) THE INABILITY TO USE THIS WEBSITE, ANY PART OF THIS WEBSITE, OR ANY FUNCTION OFFERED BY THE WEBSITE; (5) A FAILURE TO PROVIDE PRODUCTS OR SERVICES ORDERED FROM OFFICEGRAPHICS (OR ANY AFFILIATE THEREOF) FOR ANY REASON INCLUDING ANY LOST, CORRUPTED OR DAMAGED CUSTOMER DATA, NON-DELIVERY, MIS-DELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS; (6) MISTAKE, OMISSION, DELAY, OR INTERRUPTION OF SERVICE; AND/OR (7) CONTAMINATION BY VIRUS, TROJAN, OR MALWARE OF ANY KIND.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

OFFICEGRAPHICS, TOGETHER WITH ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, WILL NOT BE RESPONSIBLE FOR ANY DIRECT DAMAGES, AND WILL NOT PROVIDE ANY CREDIT, REFUND OR ADJUSTMENT OF ANY KIND OR NATURE THAT IS IN EXCESS OF THE AMOUNT ACTUALLY PAID TO OFFICEGRAPHICS (AFTER ACCOUNTING FOR AND DEDUCTING, AS APPLICABLE, SPECIAL OFFERS, DISCOUNTS, REWARDS POINTS, ETC.) FOR THE PRINTED PRODUCT (AND SHIPPING COSTS IF APPLICABLE) AT ISSUE.

UNDER NO CIRCUMSTANCES WILL OFFICEGRAPHICS BE LIABLE TO YOU IN ANY WAY FOR ANY SITE CONTENT YOU MAY BE EXPOSED TO THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE.

GOVERNING LAW

The Site Terms and your use of this Website will be governed by and construed in accordance with the laws of the State of Utah, without resort or giving effect to conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these Site Terms and/or your use of this Website will be filed and adjudicated only in the federal or state courts located in Salt Lake City, Utah, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of or under these Site Terms and or your use of this Website. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.

INDEMNIFICATION

You agree that you will indemnify and defend and hold OfficeGraphics and its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives, harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys’ fees) that, directly or indirectly, arise out of or are related to: (i) your breach of any provision of the Site Terms; (ii) any suit, claim, or demand arising from or relating to an allegation that any Customer Content provided by You, or any other text, photograph, image, graphic or other material you incorporated into products or services ordered from this OfficeGraphics, that was not part of the standard Site Contents, infringes upon the rights of a third party (iii) and/or (c) any of your activities conducted in connection with this Website, your use thereof, and/or the products and services ordered through this Website.

SECURITY AND PRIVACY

To order products from OfficeGraphics it will be necessary for you to provide certain personal data or other information to this Website via the Internet, and we are committed to taking all reasonable steps to safeguard your personal data or other information. We use secure servers and encryption software and various other precautions, but no system is infallible. Such information could potentially be subject to interception or alteration by third parties, and it is not possible for OfficeGraphics to guarantee absolute confidentiality or security. The information OfficeGraphics collects and how that information is used is subject to OfficeGraphics’s Privacy Statement.

TERMINATION

OfficeGraphics may suspend or terminate your account and or your right to utilize the services made available through this Website in the event that it determines or has reasonable grounds to suspect that you are in violation of the Site Terms.

Notwithstanding any of these Site Terms that may suggest otherwise, OfficeGraphics reserves the right, without notice and in its sole discretion, to terminate your right to use this Website for any reason or no reason at all, and to block or prevent future access to and use of this Website by you. In the event your right to use this Website is terminated, these Site Terms will still apply.

NAME AND ADDRESS CHANGES

You are responsible for updating and advising OfficeGraphics of any change of name, e‐mail, phone number and/or postal address on your applicable OfficeGraphics account. Without undertaking any obligation to do so, OfficeGraphics reserves the right to update the address for any member’s account using the National Change of Address (NCOA) data filed by relocating postal customers.

You may update your account contact information by logging on to your account via www.OfficeGraphics.com. You can also update your account contact information by contacting OfficeGraphics customer service at sales@OfficeGraphics.com or call (801) 508-4577.

Supporting legal documentation may be required for any name change requests. OfficeGraphics will have no liability for any errors, losses or damages of any kind or nature, resulting from your failure to update your account information.

PRIVACY

OfficeGraphics is always conscious of our customers’ privacy. To review OfficeGraphics’s privacy policy click here.

SEVERABILITY; INTERPRETATION

If any provision of these Terms & Conditions is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms & Conditions and the remainder of the Terms & Conditions will remain in force. When used in these Terms & Conditions, the term “including” will be deemed to be followed by the words “without limitation.”

MISCELLANEOUS

OfficeGraphics may substitute comparable paper/material as needed to continue fulfilling orders and meet customer demands.

These Terms & Conditions are a legally binding agreement between you and us and you may not assign the agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns.

The failure of OfficeGraphics to enforce your strict performance of any term of these Terms & Conditions will not constitute a waiver of such term and will not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term of these Terms & Conditions. The “DISCLAIMER OF WARRANTY/ LIMITATION OF LIABILITY” provisions of these Terms & Conditions are for the benefit of all OfficeGraphics entities, and each of those entities and their respective shareholders, officers, directors, and employees will have the right to assert and enforce these provisions directly against you on their own behalf.