ProPrint.com Terms And Conditions

Last Updated On January 01.02.2024

Welcome! The ProPrint website, www.ProPrint.com, along with its associated software, features, applications, or any other ProPrint service (referred to as the "Site"), is owned and managed by ProPrint (hereinafter referred to as "ProPrint/we/us/our"), with headquarters at 3209 Commander Drive, Carrollton, Texas 75006.

1. Application Of These Terms And Conditions

  • 1.1 Please carefully review the following Terms and Conditions. These Terms and Conditions, along with any additional terms, policies, guidelines, legal notices, restrictions, rules, or documents referenced or posted within this document or elsewhere on the Site (collectively referred to as the "Terms"), govern the provision of any goods or services ("Services") by ProPrint.com to you and your access to and use of the Site.
  • 1.2 The Terms are non-negotiable and establish a legally binding agreement between you and ProPrint.com, applicable whether you are a registered user, a customer of ProPrint.com, or a visitor browsing the Site.
  • 1.3 ProPrint.com retains the right, at its sole discretion, to modify the Site or the Services and to alter, amend, add, or remove sections of these Terms at any time without prior notice. Any such changes become effective immediately upon being posted on the Site.
  • 1.4 The most current version of these Terms supersedes all previous versions. It is advisable to review these Terms each time you access or use the Site or place an order for Services.
  • 1.5 Your continued access or use of the site, or placement of an order with proprint.com for services after proprint.com posts any changes, constitutes your acceptance of such modifications. If you do not agree to comply with these or any future Terms, refrain from accessing or using (or continuing to access or use) the Site or placing an order for Services from ProPrint.com ("Order").

2. Your Authority

  • 2.1 By placing an Order with ProPrint.com, you affirm that:
    • 2.1.1 You are at least 18 years old and possess the legal capacity to enter into a binding contract.
    • 2.1.2 In the case of placing an Order on behalf of a third party, such as a business, you have the necessary authorization from the third party to make the Order or otherwise utilize the Site on its behalf.
  • 2.2 You acknowledge and accept responsibility for the accuracy of information provided during your use of the Site, as well as for any Order submitted, inclusive of associated fees and charges.

3. Orders:

  • 3.1 All Services made available for purchase through ProPrint.com are contingent upon their availability, compliance with these Terms, and the acknowledgment of your Order by ProPrint.com, confirmed through electronic notification at the conclusion of the ordering process ("Order Confirmation").
  • 3.2 ProPrint.com is specifically designed for use by professional and semi-professional Creatives and is not intended for individuals outside the creative design field. ProPrint.com reserves the right to decline any Order for any reason.
  • 3.3 Ensuring the accuracy of all details concerning your Order and its delivery is your responsibility when providing information to ProPrint.com.
  • 3.4 Once you have given approval for your Order, and your art files are in the imposition stage and/or printing has commenced, no alterations are permitted to the artwork files, job specifications, or Print Turnaround Time.

4. Quotes; Price And Payment

  • 4.1 Pricing can be obtained through the Site or from a ProPrint.com Representative and is based on your specifications as understood by ProPrint.com at the time the quote is provided.
  • 4.2 In the event of a variance between the specifications of your Order and your artwork files, ProPrint.com will notify you of the disparity. You will have the option to proceed with the Services at the correct price or cancel your Order. Production of your Order will not commence until the discrepancy is resolved.
  • 4.3 Prices and amounts displayed on the Site are in U.S. Dollars and are subject to change without notice. Quotes for custom print jobs remain valid for 30 days from the initial quote date. If there are increased costs of materials to ProPrint.com after the Order Confirmation but before production starts, ProPrint.com may charge these increases to you. In such a case, ProPrint.com will contact you, providing the option to proceed with your Order at the adjusted price or cancel your Order.
  • 4.4 Payment in full for your Order, inclusive of all applicable taxes and shipping charges, must be made using an approved payment method at the time of placing your Order. This applies unless ProPrint.com has explicitly agreed to credit terms or other specific delayed payment terms (e.g., Net 30) before placing your Order, in which case you must adhere to the terms of such agreement(s).
  • 4.5 ProPrint.com reserves the right to verify the validity of your credit card, debit card, or other payment details before accepting your Order.

5. Order Delivery

  • 5.1 ProPrint.com’s responsibility is limited to preparing your Order and handing it over to a carrier for shipping to you or your designated agent.
    • 5.1.1 Shipping charges are determined by the rates established by the carrier and will vary based on the chosen shipping method and/or your delivery location.
    • 5.1.2 Shipping transit times are subject to variation, and any specified delivery dates for your Order are approximations only.
    • 5.1.3 ProPrint.com is not accountable for any damage to your Order once it has been transferred to the shipping carrier or picked up.
  • 5.2 The timing of delivery is not considered essential to your agreement with ProPrint.com, and ProPrint.com will not be held responsible for any loss or expenses incurred by you due to any delay or failure in the delivery of your Order. Causes for such delays or failures include, but are not limited to:
    • 5.2.1 Actions of the shipping carrier;
    • 5.2.2 Inclement weather;
    • 5.2.3 Equipment failure;
    • 5.2.4 Incorrect shipping addresses;
    • 5.2.5 Other errors attributable to you.
  • 5.3 Upon delivery, you are required to inspect your Order.
    • 5.3.1 Rejection of items ordered or any portion of them on the grounds of short delivery of an installment is not permitted.
    • 5.3.2 If any part of your Order is alleged to be damaged or defective upon delivery, a written description of the purported damage or defect must be provided within 30 days of delivery.
  • 5.4 Pick-up hours are from Monday to Friday, 8:00 am to 6:00 pm (Central time), excluding holidays.
    • 5.4.1 If you opt for the pick-up option, please present a copy of your Order confirmation along with valid identification at the time of pick-up. ProPrint.com reserves the right to withhold any product without either a copy of the Order Confirmation or proper identification.
    • 5.4.2 Pick-up Orders will be held for 30 days from the date of notification by ProPrint.com that your Order is ready for pick-up.
    • 5.4.3 Failure to pick up your Order from ProPrint.com's facility within 30 days from the notification may result in the recycling or disposal of your Order.
    • 5.4.4 ProPrint.com will not offer a credit, refund, or reprint for Orders disposed of due to your failure to pick them up within the specified 30-day period.

6. Risk Of Loss And Title

  • 6.1 Ownership and the risk of loss are transferred to you once ProPrint.com delivers your Order to the shipping carrier.
  • 6.2 If you choose to pick up your Order at a ProPrint.com facility, ownership and the risk of loss will be transferred to you upon your (or your agent's) possession of the Order.
  • 6.3 All goods, whether delivered or not, remain the property of ProPrint.com until payment is received in full.

7. Use Of proprint.com Designs And Templates

  • 7.1 The product images and template designs showcased on our Site are intended for illustrative purposes only.
  • 7.2 The Site, along with all intellectual property rights contained therein (comprising text, imagery, template designs, trade names, and logos), is either owned by ProPrint.com or licensed to ProPrint.com.
  • 7.3 While you are allowed to use our Site and template designs to create products and place Orders, such utilization does not result in the transfer of ownership of any portion of our Site or our intellectual property rights to you.
  • 7.4 If you incorporate any of our template designs from the Site in the creation of your products, ProPrint.com will provide you with a royalty-free, non-exclusive, perpetual, and non-transferable license to use that specific template design in your advertising and marketing as part of the Services. However, the use of template designs on products intended for sale or resale by you is strictly prohibited.

8. Production Ready Orders; Content Requirements And Approval

  • 8.1 You bear full responsibility for reviewing and proofing the content of your Order, including the layout and content of any artwork submitted to ProPrint.com. ProPrint.com assumes no obligation to determine or verify whether your artwork or production files are production-ready.
  • 8.2 You are 100% responsible for the accuracy of your artwork files, and ProPrint.com has no liability for any errors made by you, including but not limited to:
    • 8.2.1 Misspellings, grammar, punctuation;
    • 8.2.2 Damaged fonts, transparency issues;
    • 8.2.3 Low resolution or inferior quality graphics and images;
    • 8.2.4 Incorrect dimensions, size, orientation, color selection, product type, paper, and finish;;
    • 8.2.5 Incorrect file layout for folding, scoring, hole drilling, die-cutting, or other custom services.
    • 8.2.6 Incorrect quantity and duplicate orders;
  • 8.3 After your approval of the Order, ProPrint.com personnel may (but are not obligated to) halt production and contact you if they believe the provided artwork is defective or incorrect. It is your responsibility to either provide corrected artwork or grant permission for ProPrint.com to make necessary changes (charges may apply). If you choose to proceed without making advised corrections, you do so at your own risk. ProPrint.com is not responsible for any delay in shipping your Order due to improperly prepared files or for the print quality of your Order if you proceed without making the advised corrections.
  • 8.4 By submitting your artwork files to ProPrint.com, you represent and warrant that you have the right to use the image(s) in your artwork files.
  • 8.5 You agree not to submit to ProPrint.com any artwork files, text, or images that:
    • 8.5.1 Could infringe on a third party’s intellectual property rights, including but not limited to copyrights, trademarks, and rights of privacy/publicity;
    • 8.5.2 Are "one-of-a-kind" transparencies, artwork, or prints (and expressly agree that ProPrint.com is not responsible for the loss or damage of such images); or
    • 8.5.3 Contain any of the following:
      • 8.5.3.1 Sexually explicit material, including obscenity, pornography, or nudity;
      • 8.5.3.2 Violently explicit material, including material that can be reasonably viewed as offensive, harassing, threatening, or promotes hate or violence;
      • 8.5.3.3 Material that encourages or glorifies drug use/abuse;
      • 8.5.3.4 Material that is libelous or defamatory;
      • 8.5.3.5 Material that could be reasonably viewed as discriminatory;
      • 8.5.3.6 Material that could give rise to any civil or criminal liability under applicable law, including the submission of images that appear similar to currency; or
      • 8.5.3.7 Material that contains a virus or other harmful component.
  • 8.6 You accept full legal liability for the content of material processed and printed on your behalf, at your direction, or at your request.

9. Perfect Proof TM

  • 9.1 ProPrint.com takes pride in providing our customers with the Perfect ProofTM service. A Perfect ProofTM is a tangible representation of your Order.
  • 9.2 When you opt for a Perfect ProofTM, ProPrint.com ensures a 90% color match between your Order and the Perfect Proof.
  • 9.3 For standard website products, a Perfect ProofTM ordered by 12:00 p.m. (Noon) will be shipped or made available for pick-up by 6:00 p.m. on the same day. Orders for a Perfect ProofTM placed after 12:00 p.m. (Noon) will be shipped or available for pick-up by 6:00 p.m. on the following business day. For custom products not configurable online, the Perfect Proof may not be completed within 24 or 48 hours. Upon request, your account manager will provide you with the turnaround time for your custom product.
  • 9.4 If you are dissatisfied with your Perfect ProofTM, ProPrint.com will:
    • 9.4.1 Print and ship additional Perfect Proofs of your Order (additional charges apply) according to your specifications until you are fully satisfied; or
    • 9.4.2 Cancel your Order upon your request and issue a refund for your Order, deducting ProPrint.com’s costs at the time of cancellation.
  • 9.5 For Orders that do not include a Perfect ProofTM, ProPrint.com assures that your Order will adhere to industry standards for pleasing color. Due to disparities in equipment, monitors, paper, inks, and other conditions between color proofing and production pressroom operations, a variation in color between electronic color proofs and the completed job is anticipated. Such variation will be deemed acceptable performance and within industry standards.

10. Print Turnaround Time

  • 10.1 Print Turnaround Times for standard web products exclude shipping time and commence only when the following conditions are met:
    • 10.1.1 Your Order has been placed, confirmed, and payment received (unless on commercial credit terms);
    • 10.1.2 You have provided your artwork files for your Order to ProPrint.com;
    • 10.1.3 You have reviewed and approved your artwork (soft proof or Perfect Proof).
  • 10.2 ProPrint.com provides customers with various Print Turnaround Times to select from when placing an Order:
    • 10.2.3 Three Day: All production-ready Orders received, accepted, and approved no later than 12:00 A.M (Midnight) will be ready for shipping or pick-up by 6:00 pm three (3) business days following the day of receipt, acceptance, and approval. An additional business day will be added to the Print Turnaround Time for all production-ready Orders placed and confirmed after 12:00 A.M. (Midnight).
    • 10.2.4 Five Day: All production-ready Orders received, accepted, and approved no later than 12:00 A.M (Midnight) will be ready for shipping or pick-up by 6:00 pm five (5) business days following the day of receipt, acceptance, and approval. An additional business day will be added to the Print Turnaround Time for all production-ready Orders placed and confirmed after 12:00 A.M. (Midnight).
  • 10.3 All cutoff times are in Central Time (CT) and exclude Saturdays, Sundays, and holidays.
  • 10.4 Once you approve your Order for production, Print Turnaround Time cannot be changed, and billing charges will not be reversed or refunded.
  • 10.5 If a job ships later than the calculated ship date at the time your proof has final approval by you, the remedy, at the sole discretion of ProPrint.com, is to refund the difference in price between the turnaround time ordered and the turnaround time received.

11. Mailing Services

  • 11.1 Mailing list(s) provided or uploaded by you ("Your Mailing Lists") remain your exclusive property.
    • 11.1.1 ProPrint.com will use Your Mailing Lists only as per your instructions.
    • 11.1.2 ProPrint.com will not sell Your Mailing Lists or utilize them for any other person or purpose.
  • 11.2 It is your responsibility to
    • 11.2.1 Verify the accuracy of Your Mailing Lists; and
    • 11.2.2 Understand and comply with all applicable federal, state, and local laws, rules, and regulations concerning direct mail marketing before placing an Order with Pro Print for any mailing services.
  • 11.3 ProPrint.com's responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service ("USPS Business Mail Entry Unit").
    • 11.3.1 ProPrint.com is not liable for USPS errors, including performance failures, lost mail, or delivery delays.
    • 11.3.2 ProPrint.com is not liable for returned mail pieces that are undeliverable for any reason.
    • 11.3.3 In no event will ProPrint.com be liable for any consequential or incidental damages, including loss of business and loss of profits.
  • 11.4 You agree to defend and hold ProPrint.com harmless against any claim brought against ProPrint.com by others for alleged damages, costs, expenses (including reasonable attorney's fees), liabilities, or losses resulting from or related to circumstances where, acting as your agent, ProPrint.com uses any material believed by others to be defamatory, degrading, or harmful to their reputations, goodwill, or standing in the community, or which in ProPrint.com’s sole judgment is an infringement on a copyright, trademark, or trade name, or service mark belonging to others, resulting from or related to any mailing service, including mailing lists purchased by you from ProPrint.com and/or its third-party vendors ("Purchased Lists").
  • 11.5 You acknowledge and agree that you have no ownership or other proprietary rights to the data in any Purchased List.
  • 11.6 Purchased Lists are:
    • 11.6.1 Available for your marketing purposes only;
    • 11.6.2 Subject to ProPrint.com’s third-party vendor’s rules and restrictions;
    • 11.6.3 Not transferable to other parties by sale or otherwise; and
    • 11.6.4 non-refundable.
  • 11.7 Postage for Purchased Lists is refundable upon request for quantities that did not mail due to invalid addresses in your Purchased List or if the Purchased List consisted of fewer addresses than the quantity ordered, provided the minimum mailing quantity must be met before any postage is refunded.

12. Reprints/returns/refunds

  • 12.1 ProPrint.com is committed to the quality of its services and guarantees that our printed products will meet industry standards and not be defective.
  • 12.2 If you believe your print Order is defective or if you are not completely satisfied with the services provided by ProPrint.com, please contact our Customer Service team within thirty (30) days of receiving your Order. If no communication is received within this timeframe, ProPrint.com will assume your print Order was satisfactory upon your receipt, and no further action will be taken.
  • 12.3 If you contact us within thirty (30) days of receiving your Order, we will, at our sole discretion, determine the appropriate action or advise you if additional information is needed to make such a determination. This may include providing digital photos documenting the defect and/or returning the defective product to ProPrint.com. If we request additional information or documentation to verify your claim and it is not provided within a reasonable time, ProPrint.com will not be obligated to address your concern or take any further action.

13. Privacy

  • 13.1 Personal information is gathered, processed, and stored in adherence to our Privacy Policy, the terms of which are included herein and can be accessed at [www.ProPrint.com/privacy-policy]. By confirming your order, you acknowledge that you have read, comprehended, and consented to ProPrint.com’s Privacy Policy. You agree to the utilization of your personal information by ProPrint.com and its third-party providers, following the stipulations and for the purposes outlined in said policy.

14. Disclaimer Of Warranty

  • 14.1 This site, encompassing all site content, functions, features, services, and information, is provided on an "as is" and "as available" basis without warranties or representations of any kind, either expressed or implied, to the maximum extent allowed by law. these include, but are not limited to, merchantability, fitness for a particular purpose, title, non-infringement, and course of dealing or performance.
  • 14.2 Proprint.com does not warrant or represent that the site, site content, functions, features, or services will be timely, secure, error-free, or uninterrupted.

15. Limitation Of Liability

  • 15.1 You expressly understand and agree that neither proprint.com nor its subsidiaries, affiliates, related entities, distributors, licensors, advertisers, or sponsors, and/or our and their respective managers, officers, directors, employees, consultants, agents, and/or other authorized representatives, nor any person or entity involved in the creation, production, or distribution of the site or the services (collectively, the "covered parties"), are responsible or liable to you or any person or entity for any injury, death, loss, damage, act of god, accident, delay, or any direct, indirect, incidental, special, consequential, exemplary, or punitive damages. these include, without limitation, damages for loss of business, loss of profits, loss of data, loss of goodwill or business reputation, cost of procurement of substitute goods or services, or other intangible loss based upon, resulting from, or any way connected with:
    • 15.1.1 Your use of or inability to access or use the site or any feature, software, information, service, or content incorporated therein;
    • 15.1.2 The alteration of, deletion of, corruption of, unauthorized access of, or failure to store, any material, content, files, and other data maintained or transmitted by or through the use of the site;
    • 15.1.3 Any transaction conducted through or facilitated by the site;
    • 15.1.4 Your failure to provide proprint.com with accurate and/or error-free materials, files, or information;
    • 15.1.5 Your failure to keep your password or account details secure and confidential;
    • 15.1.6 Any changes proprint.com may make to the site;
    • 15.1.7 Any errors, omissions, or other inaccuracies in the site; or
    • 15.1.8 Any other matter under any theory of law relating to the site or the services offered on the site.
  • 15.2 The foregoing limitations of liability apply whether or not proprint.com has been advised of or should have known of the possibility of any such losses or damages arising.
  • 15.3 In the event that it is determined that one or more of the foregoing exclusions are not permitted, you hereby expressly agree that in no event shall the covered parties' total liability to you for all damages, losses, and causes of action (whether in contract or tort, including but not limited to negligence) arising from or related to these terms or provision of services exceed the amount paid by you to proprint.com for the services that gave rise to the claim.
  • 15.4 You agree that any cause of action arising out of or related to the site, these terms, or the services must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

16. Indemnification

  • 16.1 You agree to indemnify, defend, and hold the Covered Parties harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to reasonable attorneys' fees) that, directly or indirectly, arise out of or are related to: (i) your use of the Site or the Services; (ii) your breach of any provision of the Terms; (iii) any of your activities conducted in connection with the Site, your use thereof, and/or the Services ordered by you; and/or (iv) any allegation that any content or materials provided by you, or incorporated into Services ordered from ProPrint at your request (that were not part of the standard materials provided by ProPrint.com), infringes upon the rights or harms the reputation or goodwill of a third party.

17. Intellectual Property

  • 17.1 The Site, encompassing its layout, design, and content, including but not limited to text, graphics, code, designs, trademarks, forms, templates, artwork, photographs, images, fonts, software tools, audio clips, and other information hosted on the site (collectively, the ‘Site Content'), is owned by ProPrint.com or those parties from whom ProPrint.com has licensed such property. All rights to the Site Content are reserved and protected by United States Copyright laws. Your use of this Site and/or any Site Content does not grant you any interest whatsoever in the Site Content.
  • 17.2 You agree not to use the Site or Services offered by ProPrint.com to infringe the intellectual property rights of others in any way. You will be solely and fully responsible for any claims or other losses arising out of your actual or alleged infringement of any such rights.
  • 17.3 Additionally (and without limitation), ProPrint.com reserves the right, with or without notice, to terminate your account if you infringe (or are alleged to have infringed) the copyrights or other intellectual property rights of any third party and/or refuse to provide you Services.
  • 17.4 You acknowledge that ProPrint.com is a “service provider” under the United States Digital Millennium Copyright Act (DMCA).
  • 17.5 We expect all users of our Site to comply with applicable copyright laws. If, however, you are a third party and believe that your work has been copied in a way that constitutes copyright infringement, please provide ProPrint.com with the following information:
    • 17.5.1 A description of the copyrighted work that you claim has been infringed, with a supporting photograph if possible;
    • 17.5.2 Information reasonably sufficient to permit us to locate the material that you claim is infringing;
    • 17.5.3 Your address, telephone number, and email address;
    • 17.5.4 A statement that your claim of infringement is based on a good-faith belief;
    • 17.5.5 A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
    • 17.5.6 An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
    • 17.5.7
      • Send the written communication to:
      • ProPrint.com
      • 3209 Commander Drive
      • Carrollton, TX 75006
      • Attn: General Counsel
  • 17.6 If we receive proper notification of claimed copyright infringement, our response to such notice(s) will follow the procedures outlined herein and in the DMCA.

18. Trademarks

  • 18.1 ProPrint.com, the ProPrint.com logo, Perfect Proof, and other marks indicated on the Site are trademarks of ProPrint.com and may not be used, copied, reproduced, republished, downloaded, uploaded, posted, distributed, or transmitted in any way or by any means without ProPrint.com’s prior written consent.
  • 18.2 All custom graphics, page headers, button icons, and scripts are the trademarks or trade dress of ProPrint.com and may not be copied or used in any way without ProPrint.com’s prior written consent.
  • 18.3 All other trademarks not owned by ProPrint.com that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ProPrint.com.
  • 18.4 Except where expressly provided otherwise by ProPrint.com, you are not conveyed any right or license by implication, estoppel, or otherwise in or under a trademark, copyright, or proprietary right of ProPrint.com or a third party.
  • 18.5 You may not use any meta-tags or other "hidden text" utilizing ProPrint.com’s name or trademarks without ProPrint.com’s prior written consent.
  • 18.6 ProPrint.com prohibits the use of trademarks as a "hot" link on, or to, any other website unless the establishment of such a link is pre-approved by ProPrint.com in writing.

19. Production Schedules

  • 19.1 ProPrint.com will establish production schedules. No liability or penalty will be incurred for delays caused by conditions such as war, riot, civil disorder, fire, strikes, accidents, government or civil authority actions, acts of God, or other factors beyond the control of ProPrint.com. In such situations, schedules will be extended by a duration equal to the incurred delay.

20. Storage

  • 20.1 ProPrint.com will preserve artwork files and other intermediate materials for a reasonable duration until you accept the corresponding final product. If requested by you, ProPrint.com can store artwork files and other intermediate materials for an additional period, subject to an extra charge. ProPrint.com will not be held liable for any loss or damage to stored materials beyond what is recoverable through ProPrint.com’s fire and extended insurance coverage.

21. Taxes

  • 21.1 ProPrint.com applies sales tax to all orders destined for addresses in compliance with state and local regulations unless you possess tax exemption status. Tax exemption will only be acknowledged if your "Exemption Certificate" (or equivalent official proof of exemption) is provided with your order. If, subsequent to your payment, it is determined that additional taxes are owed, you are required to promptly submit the necessary taxes to the relevant taxing authority or promptly reimburse ProPrint.com for any supplementary taxes paid.

22. Applicable Law/ Exclusive Jurisdiction

  • 22.1 The Site and Services provided by ProPrint.com are originated, managed, operated, and produced from its facilities within the State of Texas, USA, with no intention of subjecting ProPrint.com to the laws or jurisdiction of any state, country, or territory other than that of the State of Texas. ProPrint.com does not assert that the Site or Services are suitable or accessible for use in other locations.
  • 22.2 If you opt to access the Site or use ProPrint.com’s Services, you do so voluntarily and are accountable for compliance with local laws, rules, and regulations, to the extent that such local laws, rules, and regulations are applicable.
  • 22.3 These Terms shall be interpreted, construed, and enforced in accordance with the laws of the State of Texas, as applied to agreements executed and to be fulfilled entirely within that State, without giving effect to any principles of conflicts of laws.
  • 22.4 You agree to the exclusive jurisdiction and venue of the state and federal courts located in Dallas county, Dallas, Texas, for all disputes arising out of or related to these terms, the site, or the services.
  • 22.5 You acknowledge that a violation of these Terms will cause irreparable harm to ProPrint.com for which monetary damages would be insufficient, and ProPrint.com is entitled to equitable relief, in addition to any remedies it may have hereunder or at law, without the necessity of a bond, other security, or proof of damages.

23. Contacting Us

  • 23.1 If you have any inquiries regarding these Terms or any matter related to our Services, feel free to contact us. Your questions, comments, suggestions, opinions, ideas, requests, and other feedback (collectively referred to as "Comments") about these Terms and our Services are appreciated. You can reach us via email at support@proprint.com or by mail at ProPrint.com, 3209 Commander Drive, Carrollton, TX 75006. You can also contact us by phone at 214.461.1058.
  • 23.2 All Comments you provide or disclose to us concerning your use of our Site or Services shall become the exclusive property of ProPrint.com. ProPrint.com and any Covered Party shall have the right to utilize your Comments globally and indefinitely in any medium, whether presently known or hereafter devised, including, but not limited to, the internet, email, social media, or other digital media, and for advertising, marketing, and any other purpose determined by ProPrint.com at its sole discretion, without requiring your specific consent. By submitting your Comments, you waive all rights, including personal and proprietary rights, to such Comments.
  • 23.3 Despite the above, ProPrint.com is not obligated to use, maintain, or respond to your Comments. If ProPrint.com decides to use your Comments, it reserves the right to identify you by your first name and last initial, along with your city of residence. You acknowledge and agree that you will not be entitled to any compensation from any Covered Party, whether or not your Comments are used as provided herein.

24. Miscellaneous

  • 24.1 Third Party Links. Links to websites not owned, operated, or controlled by us or our affiliates are provided for your convenience. The inclusion of links to or from the ProPrint.com Site does not imply our endorsement, warranty, guarantee, or acceptance of any responsibility for the content or use of such websites. Your access and use of such websites are your responsibility and at your sole risk.
  • 24.2 Section Headings. Sections and section headings are provided solely for convenience and do not limit, define, or otherwise affect the terms or interpretation of these Terms or the Agreement between you and ProPrint.com.
  • 24.3 No Waiver. The failure of either you or ProPrint.com to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

25. Termination

  • ProPrint.com reserves the right to terminate or suspend your access to all or part of the Site, with or without notice and for any reason.
    • 25.1.1 Termination by ProPrint.com may also include the deletion of your password, art files, or other content associated with your account, and any other steps ProPrint.com deems appropriate in its sole discretion.
    • 25.1.2 If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue the use of the Site and ProPrint.com’s Services.
  • 25.2 The following activities are prohibited, each of which shall constitute a material breach of these Terms:
    • 25.2.1 Misrepresenting your identity, impersonating another person, allowing another person to impersonate you, or using or attempting to use another’s account.
    • 25.2.2 Copying, using, disclosing, or distributing any information obtained from the Site, whether directly or through third parties, without the written consent of ProPrint.com.
    • 25.2.3 Using software, devices, scripts, robots, hypertext links, or any other means or processes to (a) scrape, copy, obtain or otherwise acquire data from the Site, or (b) generate impressions, clicks, or searches on the Site.
    • 25.2.4 Overriding or attempting to override any security feature or bypassing or circumventing any access controls or other use limits of the Site.
    • 25.2.5 Posting or distributing anything that contains software viruses, worms, or any other harmful code.
    • 25.2.6 Reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Site or any related technology that is not open source.
    • 25.2.7 Monitoring the Site’s availability, performance, or functionality for any competitive purpose.
    • 25.2.8 Engaging in “framing,” “mirroring,” “rendering,” or otherwise simulating the appearance or function of the Site.
    • 25.2.9 Interfering with the operation of, or placing an unreasonable load on, the Site (e.g., spam, denial of service attack, viruses, gaming algorithms).
    • 25.2.10 Disguising the origin of information transmitted to, from, or through the Site.
    • 25.2.11 Using the Site for any purpose in violation of local, state, or national laws.

26. Entire Agreement; Survival

  • 26.1 These Terms, along with the Privacy Policy and any terms and conditions incorporated or referred to herein, collectively constitute the entire agreement ("Agreement") between you and each Covered Party concerning the subject matter herein. This Agreement supersedes any prior understandings or agreements, whether oral or written, and may not be amended or modified except in writing or through amendments or modifications made available on this Site.
  • 26.2 If any provision of this Agreement is deemed invalid, unlawful, or unenforceable by a competent court, such provision will be enforced to the fullest extent possible to uphold the intent of these Terms. The validity, legality, and enforceability of the remaining provisions will not be affected or impaired and shall continue in full force and effect.
  • 26.3 All provisions in these Terms related to representations and warranties, indemnification, disclaimers, and limitation of liability will survive the termination of these Terms or the termination of your account or use of the Site or Services.