Terms Of Service
By placing an order with LabelAmerica.com, you agree to the following Terms Of Service:
Acceptance Of Terms
We provide service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice. By accessing any page on this site, you agree to be bound by these terms and conditions.
Use Of Service
We currently provide our customers with access to instant quoting, design online and other printing resources (collectively, the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to these TOS. You understand and agree that the Service is provided "AS-IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communication, design, graphic, or photo that you or any other person customizes or supplies.
All users of the LabelAmerica.com website agree that they will not use any scripts, crawlers, bots, or other automated means to access the site or any information available on or through the site for any purpose without the express written permission of LabelAmerica.com. Additionally, all users agree that they will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or that may interfere or attempt to interfere with the proper working of the site.
LabelAmerica.com reserves the right to set and enforce limits on the amount of data and other content that may be accessed by users of the LabelAmerica.com website. LabelAmerica.com may change, suspend, or discontinue any aspect of the LabelAmerica.com website or account services at any time, including the availability of any feature, database or content.
The LabelAmerica.com website and all content, including, without limitation, design, text, graphics, pictures, videos, logo, data, pricing, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the sole proprietary property of LabelAmerica.com and are protected by copyright, patent and trademark laws. These Site Materials may not be copied or downloaded by anyone without LabelAmerica.coms’ express, written permission.
Design Shop Graphics
Graphics used in the design online tools may be used on any printed product for individual, internal or promotional non-commercial purposes only. For example, you may use the design online tool to design a label, such as an asset tag, for your personal (or your company's) use, however you may not then re-sell the asset tags commercially. If you have any questions regarding the use of the design online tools, please contact us directly as shown below.
Sales Tax Policy
We must automatically charge (unless you have a valid resale certificate on file with us) and withhold the applicable sales tax for orders to be delivered to addresses within the states of Idaho and Texas. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
The typefaces on final printed products are graphic representations of the original fonts that appear on your screen. As these technically exist only on our servers, it is not possible to download these typefaces.
The customer warrants that is has the right to produce the subject matter to be printed, duplicated or distributed. If the subject matter is copyrighted, the customer warrants that it owns the copyright or has express permission of the owner to reproduce the copyrighted subject matter, and that it has not removed any copyright notice from any material to be reproduced without written permission.
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not us, are entirely responsible for all Content that you send, upload, post or otherwise transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of ours or any third party. We do not control the Content posted by Customers and we do not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will we be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. You understand that you control the privacy of any Content you elect to post by granting access under your personal password. When you, or someone to whom you have given access, orders a print item using your password, you grant us the world-wide, royalty free and non-exclusive license to use, reproduce, sub-license, modify, adapt, publish, display and create derivative works from the Content on the Service and on the printed product for the purposes of storing designs or processing print orders. This license exists only for the length of time necessary for us to complete your order or until you delete the Content from the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) in our sole discretion to remove any Content that violates the TOS or may otherwise be objectionable. You further acknowledge and agree that we 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: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of our business, our customers and the public.
LabelAmerica.com® may use your product for samples or advertising purposes, unless notified in writing of its inability to do so. In the event of a written notice, LabelAmerica.com® will cease its usage of your product within 30 days of receipt of the notice. Any usage of the product for samples or advertising purposes prior to the receipt of the written notice will be deemed as acceptable.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders, print vendors, business partners, 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 TOS, or your violation of the rights of a third party.
No Resale Of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
General Practices Regarding Use And Storage
You acknowledge that we 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 our servers for Customer use. You agree that we have no responsibility or liability for the deletion or failure to store any Content maintained or transmitted to the Service. You acknowledge that we reserve the right to delete Content stored on the Service which is inactive for an extended period of time. You further acknowledge that we reserve the right to change our general practices and limits at any time, in its sole discretion, with or without notice to you.
Modification Or Termination To Service
We reserve 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 at our sole discretion, may terminate your password, 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 we believe that you have violated or acted inconsistently with the letter or spirit of the TOS. We may also at our sole discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice to you. You agree that we 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.
Dealings With Third Parties
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 we 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.
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. We do not endorse and we are 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 we 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.
Disclaimer Of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. The service is provided on an "as is" and "as available" basis. We 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) we make 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 us or through the use of the service shall create any warranty not expressly stated in the TOS.
Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT we AND our AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, VENDORS OR OTHER BUSINESS PARTNERS, 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 WE HAVE 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; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Our company name and web site address are our trademarks. You shall not display or use them in any manner without our prior written permission. All other brand and product names found on the our site are considered trademarks or registered trademarks of their respective companies. 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 our 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.
We respect the intellectual property of others, and we ask our customers to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
The TOS constitute our entire agreement with you and govern your use of the Service, superseding any prior agreements between us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, or third-party content. These TOS and the relationship between us shall be governed by the laws of the State of Washington, without regard to its conflict of law provisions. We collectively agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dallas, Texas. Our failure to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS 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 TOS 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please report any violations of the TOS to customer service.