Terms of Use
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Terms of Use

A&A Printing's Terms of Use

 

A&A Printing, L.L.C. provides customers with a wide variety of internet and E-mail printing services, online design tools and other services to create customized marketing communications products, (as well as shipping of finished products) (collectively, the "Services").

The use of this site is governed by the terms and conditions set forth below. Please read them carefully. Your use of this site indicates Your acceptance of these terms and conditions. A & A Printing's reserves the right to make modifications, alterations or updates to this site and these Terms & Conditions at any time and without notice to users. You accept the affirmative obligation to periodically review this web site for notifications of changes in these Terms & Conditions, and Your continued use of this site shall be deemed an acceptance and agreement to be bound by such modifications, alterations or updates.

You (referred to herein as "You" "Your(s)" or "User" agree that Your use of such Services is at Your own risk. The Content (as defined below), and A & A Printing's proprietary software, may be used in providing the Services, and are subject to the following reservation of intellectual property rights by A & A Printing's or its suppliers.

 

Trademarks


All service marks, trademarks, trade name, trade dress and other indicia of source used herein and otherwise by A & A Printing's and/or PayPal, Inc.(collectively called the "Marks") are proprietary to A & A Printing's, PayPal or other respective owners that have granted A & A Printing's the right and license to use such Marks. Users do not receive any trademark rights or any other rights in or to the Marks. Users do not receive any trademark rights in or to the Content.

A&A Printing is a proprietary mark of A&A Printing, LLC. All other trademarks/trade names are the property of their respective owners and are used by permission.

 

Limitations and Disclaimers


THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED OR OFFERED THROUGH THE FEDEX A & A Printing WEB SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. USE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS ON THIS SITE IS AT THE USER'S SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FEDEX A & A PRINTING DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, FEDEX A & A PRINTING DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE VIA THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS OR WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE.

 

NEITHER FEDEX A & A PRINTING NOR ITS PARENT OR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS IN ANY EVENT WILL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT, SPECIAL CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR OTHER INDIRECT DAMAGES UNDER ANY THEORY OF LAW (I) ARISING OUT OF USER'S USE OF THIS WEB SITE IN ANY MANNER; (II) FOR ANY ERRORS IN THE INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS ON THIS SITE; (III) FOR THE PROVISION OR USE OF ANY INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS WEB SITE; (IV) (FOR ANY NONDELIVERY, MISDELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER REASON), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, BUSINESS, DATA OR USER-PROVIDED MATERIALS, EVEN IF YOU HAVE ADVISED FEDEX A & A PRINTING OF THE POSSIBILITY OF SUCH DAMAGES.

**(NEITHER FEDEX A & A PRINTING NOR ITS PARENT OR ANY OF ITS AFFILIATES, SUBSIDIARIES, SUPPLIERS OR SERVICE PROVIDERS WILL BE LIABLE FOR ANY DIRECT DAMAGES, NOR SHALL ANY ADJUSTMENT, REFUND OR CREDIT OF ANY KIND BE MADE IN EXCESS OR THE LESSER OF $100.00 OR THE AMOUNT PAID TO FEDEX A & A PRINTING FOR THE SUBJECT PRINTED PRODUCTS PLUS SHIPMENT FEES, IF ANY.

In no event will A & A Printing's, its parent, or its affiliates, subsidiaries, suppliers or service providers be liable for, nor make any adjustment, refund or credit of any kind for, any loss, corruption, delay, misprint, non-print, inclusion, omission, shipment, misdelivery, nondelivery, misinformation, other direct or indirect damages, or failure to provide printed products, printing services or shipping services (any of the foregoing, "Service Failure") to the extent caused by or resulting from:

 

  • Your acts, defaults or omissions;
  • Your violation of any of the terms and conditions contained in these Terms & Conditions, as amended from time to time;
  • Viruses, worms, Trojan horses and other forms of harmful code that are not detected or removed using A & A Printing's standard virus-detection procedures;
  • Criminal acts, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, war, national or local disruptions in electronic and transportation networks, failures of Internet service providers, weather phenomena, strikes, natural disasters, and disruption or failure of communication and information systems;
  • Loss, corruption or irretrievability of, or damage to, Your personal information, User-provided Materials or information regarding the printed products used or stored by A & A Printing's;
  • The nature of the shipment, including any defect, characteristic or inherent vice of the shipment;
  • Your failure to provide an accurate shipping address or other information that You are asked to provide in connection with the provision of services;
  • Acts, defaults or omissions of any person or entity other than A & A Printing's, including our compliance with verbal or written instructions from the sender, recipient or persons claiming to represent the shipper or recipient;
  • Our inability to provide a copy of the delivery record or a copy of the signature obtained at delivery;
  • Our failure to provide a valid shipping account number in good credit standing in the billing instructions on shipping documentation;
  • Our failure to provide a valid shipping account number in good credit standing in the billing instructions on shipping documentation;
  • Our failure to notify You of any delay, loss or damage in connection with Your printed products or shipment or any inaccuracy in such notice;
  • Our release of shipments without obtaining a signature if a signature release is on file;
  • Our provision of advice, assistance or guidance on this site does not constitute acceptance of liability.
  • All claims, whether they regard printing services or shipping services, should be resolved by contacting A & A Printing's. Failure to contact A & A Printing's directly will cause a delay in the processing of any claim and will result in a delay in processing Your claim, which could cause You to lose the ability to receive compensation for loss involving shipping or printing services as provided in these terms and conditions.

    If a shipment containing Your printed products is refused by the recipient, or is damaged, the shipment will be returned to You if possible. If You refuse to accept the returned shipment or it cannot be returned because of damage, You are responsible for and will reimburse A & A Printing's for all costs and fees of any type connected with the return shipment and legal disposal of the shipment; liability for lost, damaged, untimely or otherwise unsatisfactory deliveries is governed by the terms and conditions of the user agreements of our third party delivery services. Acceptance of this user agreement also constitutes acceptance of the terms and conditions of the user agreements of our third party delivery services. A&A Printing does not accept liability for any damages resulting from products that are lost, damaged, untimely or otherwise unsatisfactorily delivered by a third-party shipper. IN PARTICULAR, A&A PRINTING DOES NOT GUARANTEE THE TIMELY DELIVERY OF TIME-SENSITIVE PRINTED PRODUCTS SUCH AS LEGALLY REQUIRED FILINGS. Subject to the limitations listed above, A&A Printing will re-perform printing services and shipping services if any products are lost, damaged, untimely or otherwise unsatisfactorily delivered, to the extent caused by A&A Printing or its third-party shipper. See "Claims Procedure" below.

    PLEASE NOTE THAT WE DO NOT PROVIDE INSURANCE OF ANY KIND, NOR DO WE PERMIT YOU TO ASSIGN A DECLARED VALUE TO ANY PRINTED PRODUCT OR SERVICE.

    Performance of any Services will not cause us to be deemed Your, or anyone's, agent for any purpose.

     

    Claims Procedure


    We will either refund or credit (at our option) the charges You actually paid for the Services (including shipping charges, if applicable) if we fail to properly provide the Services or the printed products or to properly ship the printed products, subject to limitations described in the Section above entitled "Limitations and Disclaimers". In order to qualify for a refund or credit due to Service Failure, the following limitations apply:

    1. To obtain a refund or credit, at our option, for a Service Failure, You must notify us within fifteen (15) days of the earlier of (i) the date of invoice or (ii) the date of shipment or the date picked up from a A & A Printing's retail location by You or Your agent.

    2. For any claim related to damage of a printed product during shipping (if the shipping services are provided through A & A Printing's, You must notify us in writing within seven (7) days after delivery of such printed products.

    3. For all other claims, including claims arising out of any nondelivery, misdelivery or late delivery, Your must notify us within thirty (30) days of the shipment date.

    4. In the case of a claim concerning any defective printed products, You must contact A&A Printing by E-mail or phone at the address or number provided under the "contact us" section of the A&A Printing web site.

    5. In the case of a claim concerning any non-delivery, misdelivery, late delivery, damaged shipment or other shipping-related claim, You must retain all original shipping containers, packaging and contents and make the foregoing items available for our inspection.

     

    6. Any claim against A & A Printing's under any cause of action arising from or related to the provision of Services or printed products or shipment of any printed products shall be extinguished unless an action is brought within one (1) year of the date of order. We will send Your refund to the billing address on Your account.

    7. A service failure will not be deemed to have occurred if within 30 calendar days after Your notify us, we provide You with:

    a. Proof of timely delivery, consisting of the date and time of delivery and name of the person who signed for the shipment or signature release information;

    OR

    b. Service exception information reflecting that the failure to timely deliver resulted from circumstances described under "Limitations and Disclaimers."

    8. We are not obligated to respond or provide any credit or refund if Your have not paid for Services or shipping costs, if applicable; or when Your request is not received within the time limits stated above.

    A & A Printing's will use commercially reasonable efforts to satisfy customer claims, subject to the limitations set forth in these Terms and Conditions.

    Only one refund or credit is permitted per package. In the case of multiple-package shipments, this return policy will apply to every package in the shipment. If a service failure occurs for any package within the shipment, a refund or credit will be given only for the portion of the transportation charges applicable to that package.

     

    A refund or credit will not be given for shipments delayed due to incorrect addresses or ZIP codes or the unavailability or refusal of a person to accept delivery or sign for the package or any of the causes described under "Limitations and Disclaimers." In addition, for shipments to and from International destinations, no refund or credit will be given if failure to timely deliver is the result of tax authority or customs or other regulatory delays.

    This refund policy does not apply to undeliverable or returned shipments.
     

    Order Acceptance


    The receipt of an e-mail order confirmation does not constitute the acceptance of an order. A & A Printing's reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. No obligation to provide services exists between Your and A & A Printing's until A & A Printing's exercises the authorization to charge Your credit card, and the charge is accepted by Your credit card company.

    Because this site is viewable internationally, not all products and services mentioned will be available in Your country. If Your have any questions about international service, E-mail us at the address provided on our web site under the "contact us" page.

     

    Termination


    In the event that A & A Printing's learns of, or has reasonable grounds to suspect, that Your registration information is inaccurate, or that activity in violation of these Terms & Conditions has occurred within Your account, we can suspend or terminate Your access to Your account or the Services without notice and refuse to authorize its future use. Repeated violations of these Terms & Conditions will result in immediate termination. In addition, A & A Printing's reserves the right to discontinue the Services at any time without reason or advance notice to You.
     

    Applicable Law


    These Terms and Conditions are governed by the laws of the State of Iowa, and this contract shall reside in the State of Iowa. Any litigation concerning these Terms & Conditions or other uses of this site shall be brought in state district court in Polk County, Iowa, and You consent to the exercise of personal jurisdiction over You by such courts in regards to all matters related to This Agreement. 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.

    This site may contain links to sites that are owned, operated and maintained by third parties, which are provided as a convenience to You. These linked sites are not under the control of A & A Printing's, and A & A Printing's is not responsible for the accuracy of the content on such sites, or the privacy practices of such sites, A & A Printing's does not monitor nor review the content of such sites, and You expressly understand that You access by link to such sites is at Your own risk.

     

    Registration on A&APrinting.com


    You may choose to register on A&APrinting.com to access interactive features or update Your commercial account information. The availability of these services varies by country. In the future, A & A Printing's may add other features that may be accessed through A&APrinting.com Login. In such event, previously registered users will not be required to re-register.

    By registering on A&APrinting.com, You agree to provide accurate and current information about Yourself as prompted by the A&APrinting.com Login Registration pages and maintain and promptly update Your online profile information to keep it accurate and current.

    Some Services are being made available to customers based in some countries and not others. You agree to register only for A&APrinting.com services offered on the A&APrinting.com web site for the country in which Your account is based.

    When You register using A&APrinting.com Login Registration, You will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and You are responsible for all activities that occur under Your password and user ID. You agree to (a) immediately notify A & A Printing's of any unauthorized use of Your user ID and password, and (b) ensure that You exit from Your A&APrinting.com session at the end of each visit.

     

    Privacy Policy


    A & A Printing's acknowledges that You may provide personal data or other information to its site via the Internet. Although A & A Printing's will take all reasonable steps to safeguard Your personal data or other information, no system is 100% safe. Despite the use of secure server software and other precautions, such information is subject to interception or alteration by third parties. A & A Printing's does not guarantee absolute confidentiality or security. In addition, A & A Printing's may disclose part or all of Your personal data, User-provided Materials and printed products as required by law, rule, regulation or court order. A&A Printing will disclose your personal information to our third party service providers only to the extent required to enable them to carry out the services for which they have been contracted A&A Printing will not knowingly disclose your personal information to any other third party without your express authorization.
     

    Indemnification


    You agree to indemnify, defend and hold A & A Printing's, 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 arise directly or indirectly from; (a) Your breach of any provision of these Terms & Conditions; (b) any allegation that any Materials You provided constitute Infringing Materials; (c) any of Your activities conducted in connection with this site; or (d) any damages caused by the acts or omissions, whether negligent or intentional, of our third party service providers.

    ©2008 A&A Printing, LLC. All rights reserved.

     

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