Terms

These terms and conditions were last modified on July 15, 2011.

Acceptance of Terms

Corporate Document Solutions, Inc. (CDS) provides this site (cdsPRINT.com) and related services subject to your compliance with the terms and conditions set forth below. Your use of cdsPRINT.com constitutes your unconditional agreement to follow and be bound by these terms and conditions. CDS reserves the right to update or modify these terms and conditions at any time without prior notice. We encourage you to review these terms and conditions whenever you use the cdsPRINT.com site.

Registration

During the registration process, you must specify your email address and a password (your "Login Credentials"). You are solely responsible in all respects for the use and protection of the confidentiality of your Login Credentials. You agree to notify CDS immediately of any unauthorized use of your Login Credentials and any other suspected breach of security regarding the Site. You are responsible for changing your password if you believe your password has been stolen or might otherwise be misused. CDS has no duty or obligation to verify the identity of a customer and may assume, without independent investigation, that any person who logs on to cdsPRINT.com through your password does so with your consent and approval.

Payment

All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If you submit a request to purchase printing products or other services, you agree that all charges, taxes and shipping/handling fees will automatically be charged to your credit. We require each order to be fully paid, including shipping and handling fees, if applicable, before we complete an order. We will not start working on a print job until we receive the full payment. Once you have approved your print job, no changes are allowed to the artwork files, job characteristics, or printing turnaround time.

Refund Policy

All sales are final. Since we customize each order according to your file and exact specifications, no refunds are given once we start working on your order. This means we have received your necessary materials (i.e., digital files and payment) and have begun work on your job (i.e., your job is in production). In some cases, a partial or full refund may be extended to you if we have not performed any work for a specific order. Such refund may be adjusted to cover any fees charged for services associated with that order as well as merchant bank fees on credit card transactions. Each order made from this Site is a contract between you, as the customer making the order, and CDS. The fact that you have made an order on behalf of a third party does not absolve you of liability to CDS. As such, any decision by the third party not to accept the particular items printed, or to cancel with you, does not affect your liability to CDS.

Sales Tax Policy

cdsPRINT.com will collect sales tax for orders shipped within the state of Ohio. The customer is responsible to pay any state, county and local sales and use tax for orders shipped outside the state of Ohio.

Proofs

A digital proof will be available for your review after we have received your file upload. No job will be sent to press without your approval. It is your responsibility to log in to your account and check on your proof. We are not liable for delays in the order caused by your non-approval of the proof. Proofs must be approved within 45 days. If you fail to approve your proof within 45 days, CDS reserves the right to cancel your order. If CDS chooses to cancel your order, CDS may issue a partial refund, depending on the amount of work performed.

A digital proof is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. The proof must be treated independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors such as layout, copy, spacing, punctuation or image placement. You are fully responsible for all that is contained in the final approved proof.

Color Accuracy

We will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density. Because of inherent limitations with the printing process, the accuracy of color reproduction is not guaranteed. By placing an order with CDSPrint.com, you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed piece. Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on screen proofs that you approve. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.

No Liability for Errors

We are not liable for errors in a final product caused by any of the following reasons: misspelling, graphics, bleeds, grammar, damaged fonts, punctuation, wrong cuts, incorrect or missing folds, die lines, crop marks, transparency, overprint, cracks on folds or finished product size.

Overprint and Underprint Policy

We cannot guarantee that every order will be the exact number of items which are ordered, we can only guarantee that it will come within the industry standard of plus or minus 10% of the number of items ordered.

Artwork Files

Our prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files. We encourage you to proofread all files carefully before submitting to cdsPRINT.com. We are not responsible for any issues as to orientation or alignment of the pages of your submitted documents. By submitting artwork to cdsPRINT.com, you certify that you have the right to use the image(s) in the artwork files. Although we take every precaution to safeguard your materials, we are not responsible for loss or damage of images, files or artwork.

Under these Terms & Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights, or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We may refuse an order that in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

Files must be uploaded within 45 days. If you fail to upload your files within 45 days, CDS reserves the right to cancel your order. If CDS chooses to cancel your order, CDS may issue a full or partial refund, depending on the amount of work performed.

Printing Turnaround Time

Printing turnaround time begins after your order has been placed and your print-ready files have been uploaded to your account, attached to your printing job and approved for printing. Printing turnaround time begins when we receive approval for your proof and full payment has been made.

Please note that CDS is closed Saturdays, Sundays and holidays. As a result, these days are not considered when calculating turnaround time. In addition, while printing turnaround includes printing, cutting and binding, it does not include design or shipping transit times. You should allow additional business days for delivery based on the shipping method you selected. Estimated production turnaround times are based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays and holidays.

Printing turnaround time is not guaranteed and CDS will not be responsible for any shipping-related costs on orders that do not go out by the due date. If your order is time sensitive and the target date it must be shipped by is clearly noted, CDS will make every effort to ensure your order ships by the target date. Cancellation of an order based on turnaround time is only allowed if the customer indicates in writing at the time of submission (in a note posted to the order) that a job in the order is time sensitive and must be shipped by a target date.

Shipping

When choosing a shipping option, please remember that estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by the shipping carrier. Shipping transit times vary. CDS assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc. Our responsibility is limited to printing your order and delivering it to the shipping carrier. We are not liable for damages that occur in shipping.

Miscellaneous

All complaints must be registered within 24 hours of receipt of your final printing job. Should your job contain manufacturing errors and/or defects (as determined by CDS), CDS will most likely re-run your job at no charge or a reduced charge.

All materials we create in producing your printed product are the property of CDS. Although these materials will NOT be sold or given to any other party, we reserve the right to use them for marketing purposes. This may include displaying images of your printed product in marketing materials and/or distributing free samples of your printed product as examples of our printing services. However, you may elect to opt-out by indicating in writing (e.g., note posted to order) when placing your order that you prefer CDS not use your materials for marketing purposes.

The caption in these Terms & Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms & Conditions. None of the Covered Parties are responsible for any errors or delays in responding to a request caused by an incorrect email address provided by you or other technical problems beyond their control.

Copyright Notice

You acknowledge that all content included on the cdsPRINT.com site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") is the intellectual property and copyrighted works of CDS and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from the CDSPrint.com site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code. "cdsPRINT.com" and any and all other marks appearing on this site are trademarks of CDS in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Trademarks in any way without the prior written consent of CDS.

Email, Comments and Other Submissions

We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. You are responsible for whatever material you submit and have full responsibility for any message that you send, including its reliability, originality and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials and ideas submitted to us become the exclusive property of CDS.

Your comments may be used by CDS in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such comments. CDS is not under any obligation to keep your comments (and the use of your first name and first initial of your last name) in confidence, to pay you any compensation for any comments submitted, or to respond to any of your comments. You agree you will be solely responsible for the content of any comments you make.

Privacy

You confirm that you have read, understood and agree to the cdsPRINT.com Privacy Policy. You consent to the use of your personal information by CDS, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the cdsPRINT.com Privacy Policy.

General Limitation of Liability

To the fullest extent permitted by law, in no event shall CDS, including its respective officers, directors, employees, representatives or affiliates (collectively, the "Covered Parties"), be liable for any injury, death, loss, claim, damage, act of God, accident, delay or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of, or are in any way connected with, any use of this site or with any delay or inability to use this site, or for any information, software, products or services obtained through this site, even if a party has been advised of the possibility of such damages. If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this site, the user agrees that the liability of any such party shall in no event exceed the fee or charge to the user assessed by CDS.

THE SITE (INCLUDING ANY CONTENT CONTAINED WITHIN IT), ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, AND ANY SOFTWARE PROVIDED BY CDS OR ITS DESIGNEES FOR USE IN CONNECTION WITH THE SITE OR WITH THE PRODUCTS AND SERVICES DESCRIBED ON THE SITE, ARE PROVIDED ON AN "AS IS" BASIS.

Indemnification

You agree to defend, indemnify and hold harmless CDS and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the site. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order.

Third Parties

If you use this site to submit requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms & Conditions applicable to all products or services acquired through this site, including all rules and restrictions applicable thereto. Each user using this site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the User of the Third Party's failure to fulfill any of its obligations as described. The user is directly responsible for any request submitted, including related fees, charges and performance obligations.

Links to Other Websites and Services

To the extent this site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the websites of these outside services and resources. The outside services and resources are in no way related to CDS, and are neither its employees nor agents.

Termination of Usage

User access to all or part of this site may be terminated or suspended at any time, without notice and for any reason.

Entire Agreement

These Terms & Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and each Covered Party relating to the subject matter hereof, and superseded any prior understandings or agreements (whether oral or written) regarding the subject matter and may not be amended or modified except in writing or by making such amendments or modifications available on this site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.

Governing Law

The internal laws of the State of Ohio shall govern the performance of these Terms & Conditions. You consent to the exclusive jurisdiction and venue of the courts located in Cincinnati, Ohio for all disputes arising out of, or relating to, the Terms & Conditions of this site.