TERMS OF USE AGREEMENT BETWEEN USER AND SURE PRINT AND DESIGN

The Sure Print and Design Web Site is comprised of various Web pages operated by Sure Print and Design. The Sure Print and Design Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sure Print and Design Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Sure Print and Design reserves the right to change the terms, conditions, and notices under which the Sure Print and Design Web Site is offered, including but not limited to the charges associated with the use of the Sure Print and Design Web Site.

TERMS AND DISCLAIMERS FOR PROMOTIONS AND SAMPLING PROGRAMS:

To redeem promotional or sample offers, please follow the directions and guidelines listed with each specific program. When required, include your Sure Print & Design purchase order as proof. Remember to indicate the Offer Code found with each promotion. Promotional offers are limited to one per customer and must be redeemed by the owner of the email who contacted Sure Print & Design. Promotion effective and expiration dates can be found on each promotional piece. Requests must be received by the expiration date listed on each piece and without exception no more than 3 months after the promotion has been posted on the website or sent by email.

LINKS TO THIRD PARTY SITES

The Sure Print and Design Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of Sure Print and Design and Sure Print and Design is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Sure Print and Design is not responsible for webcasting or any other form of transmission received from any Linked Site. Sure Print and Design is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sure Print and Design of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Sure Print and Design Web Site, you warrant to Sure Print and Design that you will not use the Sure Print and Design Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sure Print and Design Web Site in any manner which could damage, disable, overburden, or impair the Sure Print and Design Web Site or interfere with any other party’s use and enjoyment of the Sure Print and Design Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sure Print and Design Web Sites.

USE OF COMMUNICATION SERVICES

The Sure Print and Design Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages. Conduct or forward surveys, contests, pyramid schemes or chain letters. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. Restrict or inhibit any other user from using and enjoying the Communication Services. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. Harvest or otherwise collect information about others, including e-mail addresses, without their consent. Violate any applicable laws or regulations. Sure Print and Design has no obligation to monitor the Communication Services. However, Sure Print and Design reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Sure Print and Design reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Sure Print and Design reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Sure Print and Design’s sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Sure Print and Design does not control or endorse the content, messages or information found in any Communication Service and, therefore, Sure Print and Design specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Sure Print and Design spokespersons, and their views do not necessarily reflect those of Sure Print and Design. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials .

MATERIALS PROVIDED

TO Sure Print and Design OR POSTED AT ANY Sure Print and Design WEB SITE Sure Print and Design does not claim ownership of the materials you provide to Sure Print and Design (including feedback and suggestions) or post, upload, input or submit to any Sure Print and Design Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Sure Print and Design, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: publicly display, publicly perform your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. Sure Print and Design is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Sure Print and Design’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Sure Print and Design WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Sure Print and Design AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Sure Print and Design WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Sure Print and Design WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. Sure Print and Design AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Sure Print and Design WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Sure Print and Design AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Sure Print and Design AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Sure Print and Design WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Sure Print and Design WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Sure Print and Design WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Sure Print and Design WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Sure Print and Design OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Sure Print and Design WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Sure Print and Design WEB SITE. SERVICE CONTACT [email protected]

TERMINATION/ACCESS RESTRICTION

Sure Print and Design reserves the right, in its sole discretion, to terminate your access to the Sure Print and Design Web Site and the related services or any portion thereof at any time, without notice . GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the province of ontario, canada and you hereby consent to the exclusive jurisdiction and venue of courts in toronto, ontario, canada. in all disputes arising out of or relating to the use of the Sure Print and Design Web Site. Use of the Sure Print and Design Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sure Print and Design as a result of this agreement or use of the Sure Print and Design Web Site. Sure Print and Design’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sure Print and Design’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sure Print and Design Web Site or information provided to or gathered by Sure Print and Design with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sure Print and Design with respect to the Sure Print and Design Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sure Print and Design with respect to the Sure Print and Design Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

It is the policy of Sure Print and Design to respond to claims of intellectual property infringement. Sure Print and Design will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. To be effective, the notification of infringement must be a written communication that includes the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law and; A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Terms of Use