1. ACCEPTANCE OF TERMS
Palomar Reprographics, Inc., a California Company(hereinafter referred to as “Palomar Reprographics, Inc.”) provides collaboration sites and commercial use website (hereinafter referred to as the “SITE”), subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at www.palrepro.com. In addition, when using particular Palomar Reprographics, Inc. owned or operated Sites, you and Palomar Reprographics, Inc. shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time and by using Palomar Reprographics, Inc.’s Site, you agree to be bound by the following TOS. All such guidelines or rules are hereby incorporated by reference into the TOS. Palomar Reprographics, Inc. may also offer other services that are governed by different Terms of Service. The Site is provided by Palomar Reprographics, Inc. and available only to entities and persons over the age of legal majority who can form a legally binding agreement(s) under applicable law. If you do not qualify, You are not permitted to use the Site.
2. MODIFICATION OF TERMS
Palomar Reprographics, Inc. shall have the right, at any time and without prior notice, to revise these Terms and Conditions with respect to your access to or use of this Site. Such revisions shall be effective immediately upon the posting of the revised Terms and Conditions on this Site. Any access or use of this Site by you after such posting of the revised Terms and Conditions shall constitute and be deemed to be your acceptance to such revised Terms and Conditions. Palomar Reprographics, Inc. may also change or impose fees for products and services provided through the Site at any time in its sole discretion. Palomar Reprographics, Inc. may also establish or change, at any time, its general practices and limits concerning other Palomar Reprographics, Inc. products and services in its sole discretion.
3. MODIFICATIONS TO SITE
Palomar Reprographics, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that Palomar Reprographics, Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
4. SITE CONTENT
The information and materials posted on this Site may contain errors, omissions, or typographical errors or may be out of date. Palomar Reprographics, Inc. may change, delete, or update any posted information or materials at any time and without prior notice.
5. TRADEMARKS AND COPYRIGHTS
Unless otherwise noted, the trademarks, logos, and Site marks used on this Site are owned by Palomar Reprographics, Inc. or third parties that have licensed their use to Palomar Reprographics, Inc. You may print and download material solely in connection with your use of the services and/or goods provided through this Site. You agree to protect all copyright and other proprietary rights of Palomar Reprographics, Inc. and/or its licensors in materials downloaded from this Site.
6. ORDERING PRODUCTS AND SERVICES
The products and services offered in this site are not free of charge. You agree to pay for the products and services that you use. Those products and services include, but are not limited to; printing of documents, electronic download of files. In addition you agree to bear the cost of shipping, if incurred.
7. SHIPPING CHARGES
The system sets default shipping methods for the shipping of items on a per user basis. Most of the shipping methods result in a charge to you, the orderer. These methods vary in cost; for instance, FedEx overnight costs more than FedEx ground. These shipping methods may be changed by you for a particular order during the ordering process. If you order products to be delivered to a third party, they will be delivered either according to the default shipping method contained within that users record or by the method you select for each user during the ordering process. You agree to pay all costs of shipping for any orders you place.
8. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Palomar Reprographics, Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Palomar Reprographics, Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
10. CUSTOMER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Palomar Reprographics, Inc. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Palomar Reprographics, Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 10.
11. CUSTOMER CONDUCT
You understand that all information, data, text, software, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Palomar Reprographics, Inc., are entirely responsible for all Content that you submit for upload, post or email and made available via the Site. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Palomar Reprographics, Inc. be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content submitted for upload, post or email and made available via the Site.
You agree to not use the Site to:
1. Submit for upload, post, or email any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. Impersonate any person or entity, including, but not limited to, a Palomar Reprographics, Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
5. Submit for upload, post or email any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. Submit for upload, post or email any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
7. Submit for upload, post or email or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any data, system or the Site.
8. Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
9. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
10. “stalk” or otherwise harass another; or
11. collect or store personal data about other users.
12. You will not use or access any service, information, application or software available via the Site in a manner not expressly permitted by Palomar Reprographics, Inc..
You acknowledge that Palomar Reprographics, Inc. may or may not pre-screen Content, but that Palomar Reprographics, Inc. and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Site. Without limiting the foregoing, Palomar Reprographics, Inc. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that Palomar Reprographics, Inc. may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Palomar Reprographics, Inc., its users and the public.
You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Site and software embodied within the Site may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Palomar Reprographics, Inc. and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules embedded into the Site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.
12. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold Palomar Reprographics, Inc., and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, 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, transmit or make available through the Site, your use of the Site, your connection to the Site, your violation of the TOS, or your violation of any rights of another.
15. NO RESALE OF SITE
a. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site (including your Palomar Reprographics, Inc. I.D.), use of the Site, or access to the Site. You further agree not to reproduce, duplicate or copy items obtained from this site for resale to third parties without the express written consent of Palomar Reprographics, Inc. and the originator of the item.
b. You agree that all items you submit to be made available to this Site will not be made available from this site to third parties for the purpose of resale.
You agree that Palomar Reprographics, Inc. may, under certain circumstances and without prior notice, immediately terminate your Palomar Reprographics, Inc. account, any associated email address, and access to the Site. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Palomar Reprographics, Inc. account includes (a) removal of access to all offerings within the Site, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Site. Further, you agree that all terminations for cause shall be made in Palomar Reprographics, Inc.’s sole discretion and that Palomar Reprographics, Inc. shall not be liable to you or any third-party for any termination of your account or access to the Site.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. PALOMAR REPROGRAPHICS, INC. MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE, THE SERVICES, THE INFORMATION OR THE CONTENT. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PALOMAR REPROGRAPHICS, INC 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.
2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PALOMAR REPROGRAPHICS, INC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
4. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE. IMMEDIATELY DISCONTINUE USE OF THE SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER PALOMAR REPROGRAPHICS, INC NOR ITS AFFILIATES SHALL 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 PALOMAR REPROGRAPHICS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND SHALL NOT BE REQUIRED TO MAKE ANY ADJUSTMENT, REFUND OR CREDIT OF ANY KIND TO YOU TO THE EXTENT SUCH LOSS OR DAMAGE IS CAUSED BY OR RESULTS FROM:
(i) The use or the inability to use the site;
(ii) The cost of procurement of substitute goods and sites resulting from any goods, data, information or sites purchased or obtained or messages received or transactions entered into through or from the site;
(iii) Unauthorized access to or alteration of your transmissions or data or the loss, corruption or irretrievability of, or damage to, any information or content regarding the printed products used or stored by Palomar Reprographics, Inc.;
(iv) Statements or conduct of any third party on the site or Palomar Reprographics, Inc.’s provision of advice, assistance or guidance
(v) Your acts, defaults or omissions;
(vi) Your violation of any of the terms and conditions contained in these terms & conditions, as amended from time to time;
(vii) Viruses, worms, trojan horses and other forms of harmful code that are not detected or removed using Palomar Reprographics, Inc.’s standard virus-detection procedures;
(viii) 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; 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;
(ix) Acts, defaults or omissions of any person or entity other than Palomar Reprographics, Inc., including our compliance with verbal or written instructions from the sender, recipient or persons claiming to represent the shipper or recipient;
(x) Palomar Reprographics, Inc.’s inability to provide a copy of the delivery record or a copy of any signature obtained at delivery;
(xi) Palomar Reprographics, Inc.’s failure to notify you of any delay, loss or damage in connection with your printed products or shipment or any inaccuracy in such notice;
(xii) Palomar Reprographics, Inc.’s release of shipments without obtaining a signature; or
(xiii) Any other matter relating to the Site.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
a. In providing any copyrighted document to Palomar Reprographics, Inc. for reproduction and/or distribution, you represent to Palomar Reprographics, Inc. that you are the copyright owner of such document or, in the alternative, that you have the express written permission of the copyright owner that Palomar Reprographics, Inc. may reproduce and/or distribute such document. Palomar Reprographics, Inc. has the right to refuse any order for the reproduction and/or distribution of any and all documents.
b. In obtaining any documents from Palomar Reprographics, Inc. through your use of this Site, you acknowledge that such documents may contain copyrighted materials owned by the owner, architect, contractor, engineer or others, protected under U.S. Copyright law, Title 17, United States Code and, as such, any reproduction, alteration or reuse of any such documents without the express written permission of the copyright owner may be prohibited by law.
c. Further, you acknowledge that any document obtained through your use of this Site may contain errors or may be out of date. Neither the owner, architect, or contractor are obligated to provide corrected or updated documents. Thus, Palomar Reprographics, Inc. has no control over the accuracy of any documents obtained through your use of this Site.
21. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
Palomar Reprographics, Inc. respects the intellectual property of others, and we ask our users to do the same. Palomar Reprographics, Inc. may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Palomar Reprographics, Inc.’s Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Palomar Reprographics, Inc.’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o Palomar Reprographics, Inc. Inc.
3282 Grey Hawk Ct.
Carlsbad, CA 92010
By phone: (760)438-1100
By fax: (760)438-5981
By email: email@example.com
22. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and Palomar Reprographics, Inc. and govern your use of the Site, superseding any prior agreements between you and Palomar Reprographics, Inc.. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Palomar Reprographics, Inc. Sites, affiliate Sites, third-party content or third-party software.
Choice of Law and Forum. These Terms and Conditions and relationship between you and Palomar Reprographics, Inc. are governed by the laws of the State of Texas , without giving effect to any principles of conflicts of law. Any litigation concerning these Terms & Conditions or other uses of this site shall be brought in Harris County, Texas, and you consent to the exercise of personal jurisdiction over you by such courts.
Waiver and Severability of Terms. The failure of Palomar Reprographics, Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the 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 the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Palomar Reprographics, Inc. account is non-transferable and any rights to your Palomar Reprographics, Inc. I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. 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 Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to our Customer Care group.
24. INBOUND LINKING
Linking to any page of the Web Site other than to www.palrepro.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with Palomar Reprographics, Inc.. Any web site or other device that links to www.palrepro.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Palomar Reprographics, Inc. or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Palomar Reprographics, Inc. or any of its affiliates, (e) presenting false information about Palomar Reprographics, Inc. products or services, and (f) using any logo or mark of Palomar Reprographics, Inc. or any of its affiliates without express written permission from Palomar Reprographics, Inc..
25. USE AND STORAGE OF MATERIALS
You acknowledge that Palomar Reprographics, Inc. may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that postings or other uploaded content will be retained by Palomar Reprographics, Inc. on the Site, the maximum disk space that will be allotted on Palomar Reprographics, Inc.’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Palomar Reprographics, Inc. has no responsibility or liability for the deletion or failure to store any communications or other Content maintained or transmitted by the Service. You acknowledge that Palomar Reprographics, Inc. reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Palomar Reprographics, Inc. reserves the right to modify these general practices and limits from time to time.
26. PALOMAR REPROGRAPHICS, INC.’ PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Palomar Reprographics, Inc. or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
Palomar Reprographics, Inc. grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Palomar Reprographics, Inc. for use in accessing the Service.
27. ORDER ACCEPTANCE
The receipt of an e-mail or electronic order confirmation does not constitute the acceptance of an order or a confirmation of an order to sell. Palomar Reprographics, Inc. 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 You and Palomar Reprographics, Inc. until Palomar Reprographics, Inc. exercises the authorization to charge your credit card or other account, and the charge is validated and accepted by Your credit card company or other account.
28. WRITTEN DOCUMENT
You may preserve these TOS in written form by printing them for your records, and you waive any other requirement that these TOS be evidenced by a written document.
29. COMPLETE AGREEMENT