ForixPrintBridge.com ("Site") is owned by Forix LLC, ("Forix") and is currently provided free of charge to users who agree to abide by these Terms and Conditions. When you use our website to place an order with us, these Terms and Conditions will constitute a legally binding agreement between you and us. It is your responsibility to carefully read these Terms and Conditions before using this website. Your use of the ForixPrintBridge 's website is contingent upon your acceptance of our Privacy Policy and the following Terms and Conditions. ("ForixPrintBridge"). Use of the www.forixprintbridge.com website will be considered acceptance of the ForixPrintBridge Policies. If you do not agree to the Terms and Conditions contained in the following pages, then you may not use the ForixPrintBridge website. Please note that ForixPrintBridge has the right to modify these Terms and Conditions of Business and, thus, you should review them periodically.
Please read the following sections carefully, as they contain the Terms and Conditions of Business that will govern your use of the forixprintbridge website. Additionally, you should review our Website Privacy Policy.
If you have any inquiries, comments or concerns regarding this agreement or any other part of this site or regarding any of our featured products and services or if you have experienced technical problems while using this site, please send an email to contacts@forixprintbridge.com.
1. Definitions
"Seller" is defined by ForixPrintBridge, registered in Portland, in these Terms and Conditions also means ("forixprintbridge.com") whose registered office is at Portland O
"Buyer" is defined by the person whose name is printed on the Order.
"Contract" is defined by the order and Order Confirmation (incorporating any Special Conditions).
"Faulty" is defined by containing a fault or defect; imperfect or defective.
"Goods" is defined by the goods or services that which the Seller is to sell in accordance with these Terms and Conditions
"Order" is defined by the Buyer's order for Goods or services.
"Order Confirmation" is defined by the Seller's written Confirmation pursuant to Condition 3(b).
"Price" is defined by the price together with postage and packing in force at the date and time of the Order, subject to any promotional offer or discount then applicable.
"Person" is defined by any person, firm or company.
"Special Conditions" are defined as any conditions in relation to orders set out and designated as such in the Order Confirmation.
"Terms and Conditions" are defined as the standard terms and conditions set out in this document.
"Writing" is defined by email or written letter clearly bearing the names of the sender and the recipient and writing on the screen of a visual display unit or other similar device.
2. Basis of Sale.
a. These Terms and Conditions will govern the Contract to the exclusion of any other terms, including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or other document.
b. Any variation of these Terms and Conditions will only bind the Seller if agreed in Writing between authorized representatives of the Seller and the Buyer.
c. The Seller's employees are not authorized to make any representations concerning the Goods unless confirmed by the Seller in Writing. In entering into any Contract and in accepting delivery, the Buyer acknowledges that it does not rely on representations concerning the Goods, which are not confirmed in this way.
3. Orders and Specifications
a. All Goods are offered for sale subject to availability and subject to the Seller's acceptance of the Order.
b. The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
c. The Seller has a policy of continuous product development and reserves the right to amend the specifications of any of the Goods without prior notice. Since monitor calibration varies widely, we run to uniform toner levels and standard. Standard color is defined as satisfactory even though it may not precisely match the original sample provided by the Buyer. ForixPrintBridge will not be held liable for orders consisting of components that are submitted not in accordance with our file or design specifications for color, layout, bleed, margins, font embedding, file flattening, etc. We can provide a printed proof of your custom artwork in a timely manner, at a reasonable cost and we encourage our customers to order proofs of all products they are not familiar with as this will ensure that your expectations are fully met. Printed, shipped proofs are cut to finished size and must be reviewed by the customer for proper margins and/or adherence to design specifications and approved or disapproved using online tools or by return fax or email communication to the appropriate parties as defined in Proof Notifications. ForixPrintBridge will not review your print files for spelling, design layouts excluding adhesion top bleed and margin requirements), color space (RGB or CMYK use), nor do we compare your provided PDF colors as displayed on a monitor to printed output for matching. ForixPrintBridge will not be responsible for any layout or unexpected print quality or color issues on a project that has not been proofed by the customer by means of printed-proofing nor will we be responsible for any issues if the only "proofing" was viewing the online PDF.
d. The Seller endeavors to display and describe as accurately as possible the printed colors of the Goods which appear on its website, but cannot undertake to give any assurance that the colors of Goods supplied will exactly match those displayed on the Buyer's monitor.
4. Price, Payment and Currencies
a. All Prices stated include tax where applicable. The Buyer shall be responsible for any other taxes applicable in the state to which the Goods are sent.
b. Payment must be made by credit card or debit card or cash at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
c. The Seller only accepts US dollars, which means the Buyer will not have the option to view product prices and shopping cart summaries in other currencies. ForixPrintBridge services are intended for use by US residents only.
d. The Buyer undertakes that all details provided to the Seller for the purpose of the Order and its delivery will be correct and that the chosen method of payment is the property of the Seller and that sufficient funds or credit facilities are available to cover the full cost of the Goods ordered. The Seller reserves the right to obtain validation of the Seller's credit card details before accepting the Buyer's Order.
5. Delivery
a. The place for delivery of the Goods will be as shown on the Order and the normal method of delivery (unless specifically agreed otherwise) shall be regular postage.
b. The Seller will endeavor to process the Order and manufacture the Goods within the time period stated for each item. However manufacturing time varies by item of Goods and it is the policy of the Seller to combine items of the same type into separate shipping packages. Each package of like items will be sent separately by regular post, unless otherwise stated in the Order Confirmation as soon as it is completed. Any dates quoted for delivery of the Goods are indicative only. Time for delivery will not be of the essence of the Contract and the Seller will not be liable for any loss or expenses sustained by the Buyer arising from any delay in the delivery of the Goods regardless of causes outside the Sellers' control.
c. The Buyer must inspect the Goods on delivery and, in the case where Goods have been delivered by the carrier, sign the required proof of delivery document or collection acceptance document. A signature on that document will constitute conclusive evidence against the Buyer of receipt of the quantity of Goods indicated on that document free from any apparent defect or damage The Buyer may not reject the Goods or any part of them solely on the grounds of short delivery of an installment. If the Goods are alleged to be damaged or defective on delivery, a description of the alleged damage or defect must be given in writing at the time of delivery and signed by or on behalf of the Buyer.
d. The Seller reserves the right to make delivery of the Goods by installments. If the Goods are to be delivered in installments, each delivery will constitute a separate contract. The Buyer may not treat the Contract (as a whole) as repudiated if the Seller fails to deliver any one or more of the installments or if the Buyer has a claim in respect of any one or more of the installments.
e. If the Buyer wrongfully fails to take delivery of the Goods, the Seller shall be under no obligation to refund the Price of the order or any other costs incurred by the Buyer during the duration of that specific transaction.
f. Goods may not be returned to the Seller except as provided in Condition 7 below.
6. Risk and Property
a. Risk of damage to or loss of the Goods will pass to the Buyer on delivery at the agreed address.
b. Notwithstanding delivery and the passing of risk in the Goods, property in the Goods will not pass from the Seller until the Seller has received full payment of the Price and all other sums which are due, owing or payable by the Buyer to the Seller in respect of the Contract or any other Contract between the Seller and the Buyer.
7. Returns, refunds and rights of cancellation
a. The Buyer shall have the right to cancel any Order for Goods only in the following circumstances:
(i) if the Seller has failed to deliver the Goods ordered within 28 days after the date of the Order
(ii) in the case of Faulty Goods at the earliest opportunity after the Buyer has discovered the fault or defect (provided that the Buyer shall be deemed to have inspected the Goods as soon as reasonably practicable after delivery and in no case longer than 14 days after receipt).
b. Notice of the wish to cancel must be made by email to the email address of orders@forixprintbridge.com shown below.
c. For the avoidance of doubt, save in respect of faulty or defective goods, nothing in these Terms and Conditions of Business shall give to the Buyer rights of cancellation in regard to the Goods which, by their nature have been made to the Buyer's specifications or clearly personalized.
d. In the case of cancellation under Condition 7(a) above, the Seller shall be responsible for all sums paid (including initial and re-delivery charges (if any)) in respect of the Goods in question.
e. All items of Goods which are returned by the Buyer to the Seller must be returned in their original packaging (which the Buyer should retain for the purpose) and must be in an unused condition.
8. Limitation of liability
a. The Seller will not be liable for short delivery or Faulty Goods unless a claim is notified to the Seller in writing in accordance with Condition 7a. or, where upon reasonable inspection of the Goods, the Buyer should have become aware of such defect. The notification must include the Order confirmation number, delivery note number and details of the claim. In the case of a valid claim, the Seller may, in its sole discretion, replace the Goods (or the part in question) or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition 8a.
b. The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action or uncontrollable forces of nature.
c. The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller's obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services. In no event shall the liability include damages for loss of profits or revenue; increased cost of purchasing or providing materials, supplies or services; cost of replacement capital; claims of purchaser's customers; inventory or use charges; or incidental or consequential damages of any nature.
d. This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other any party associated with the Buyer for any direct, indirect, special or other consequential damages for any use of the forixprintbridge.com website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer's information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
9. Intellectual Property
a. This website is owned by the Seller and operated by forixprintbridge.com. Unless otherwise noted in this website, forixprintbridge.com owns the copyright with respect to all content on the website. Content includes: text, graphics, logos, trademarks, software server information, and anything else hosted on this website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of ForixPrintBridge's copyright. Additionally, ForixPrintBridge's website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
b. Nothing contained on the website should be construed as granting, by implication, estoppels, or otherwise, any license or right to use the website or any information displayed on the website, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms and Conditions of Business; or (b) with the prior written permission of ForixPrintBridge or the prior written permission from such third party that may own the trademark or copyright of information displayed on the website.
c. The ForixPrintBridge logo, name, and other marks indicated on the website are the subject of applications for trademarks or registered trademarks of the Seller in the United States and/or other jurisdictions, including the Americas. ForixPrintBridge's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of ForixPrintBridge. ForixPrintBridge's trademarks and trade dress may not be used in connection with any product or service that is not ForixPrintBridge's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits ForixPrintBridge. All other trademarks not owned by ForixPrintBridge that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ForixPrintBridge.
d. The Buyer agrees that as an express condition of the holding of an account with the Seller the Buyer shall not use the service offered by the Seller to infringe the intellectual property rights of others in any way. The Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the website.
10. Data Protection
As a part of signing up on our website, you are required to provide a valid and currently used email address and a password. This information will be used as specified in the Privacy Policy. You are solely responsible for the accuracy of the information you provide and also for keeping your password secure.
To place Orders and to use certain services, you are required to provide your Billing information. Your billing information will be kept strictly confidential as explained in our Privacy Policy. You are solely responsible with providing us with valid and current Billing Information. We reserve the right not to produce your order or offer our services if you provide invalid Billing Information. You are entirely responsible for all activities that occur under your account and you must agree to notify us immediately of any unauthorized usage of your account or any other breach of security. We will not be held liable for any loss incurred as a result of someone else using your password or account, with or without your knowledge. You could be held liable for any losses incurred by us or any relevant third party as a result of someone else using your account. You may not use anyone else's account at any time, without the express permission of the account holder. We make every effort to ensure accurate pricing, however due to unforeseen circumstances, pricing errors may occur. By submitting an Order or using our services, you are agreeing to pay the price relevant to the Order of the Service. Please review your Order carefully before you submit it and if you have any pricing questions, please contact us immediately.
For purposes of mailing or shipping your Orders through the USPS or UPS, you are required to provide Address Files and Shipping Address. This will be passed on to the relevant third party essential for the service rendered and will be used strictly under the conditions explained in the Privacy Policy. USPS mailing standards require any addresses that do not contain "Or Current Resident" or "Or Current Occupant" to be compliant with Move Update requirements. Addresses will be run through a USPS database which will update any address where the person has filed a Change of Address form with the US Post Office.
11. General and miscellaneous
a. Notice
(i) Any notice given or made under the Contract must be in writing (other than writing on the screen of a visual display unit or other similar device, which shall not be treated as writing for the purposes of this Condition).
(ii) A notice served on the Seller will be addressed on the Buyer at the address stated on the Order, and if so addressed, will be deemed to have been duly given or made as follows:
* if sent by personal delivery, upon delivery at the address of the relevant party; or
* if sent by first class post, two clear business days after the date of posting.
(iii) The Seller and the Buyer may notify each other of a change in their name, relevant addressee and address for the purpose of this Condition and this notification will only be effective on:
* the date specified as the date on which the change is to take place; or
* if no date is specified or the date specified is less than five clear business days after the date on which notice is given, the date falling five clear business days after notice of any change has been given.
(iv) This Condition will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Contract.
b. Jurisdiction
ForixPrintBridge operates the Site from its offices within the United States. ForixPrintBridge makes no representations that content and materials on the Site are legal or appropriate for use from outside the United States. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations. Any claim or cause of action you have with respect to use of the Site must be commenced within one (1) year after the claim arises. If any provision of these Terms and Conditions is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions will remain in force. These Terms and Conditions constitute the entire agreement between you and ForixPrintBridge concerning your use of the Site.
(i) The Contract shall be governed by and construed in accordance with United States law.
(ii) The parties irrevocably agree that the courts of the United States are to have non-exclusive jurisdiction to settle any disputes which may arise in connection with the Contract.
c. Waiver
If the Seller does not exercise a right or power when it is able to do so this will not prevent it exercising that right or power. When it does exercise a right or power it may do so again in the same or a different manner.
d. Statutory Rights
The rights of the Seller and the Buyer and remedies under the Contract are additional to and not in derogation of, any other rights and remedies they may have at law.
e. Severability
If any term or provision in the Contract is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Contract in its entirety, and the remainder of the Contract shall survive with the said offending provision eliminated.
f. Website Availability
Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the ForixPrintBridge website will be available 100% of the time. Although the Seller strives to provide the most reliable website possible, interruptions and delays in accessing the website are unavoidable and the Seller disclaims any liability for damages resulting from such problems.
g. Typographical Errors
Information on ForixPrintBridge's website may contain technical inaccuracies or typographical errors. The Seller attempts to make its descriptions as accurate as possible, but does not warrant that the content of the ForixPrintBridge website is accurate, complete, reliable, current, or error-free.
h. License
The Seller grants to the Buyer a personal, non-exclusive, and non-transferable right to access and use the content on the ForixPrintBridge website. All use must be in accordance with all ForixPrintBridge's stated policies, including those in the ForixPrintBridge's Privacy Policy.
i. Off-Site Links
A link to a non-forixprintbridge.com website does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
j. Headings
All Conditions and section headings are for convenience of reference only and shall not affect the interpretation of the Contract.
k. User Registration, eligibility and account activity
In registering for a forixprintbridge.com user name, the Buyer acknowledges and represents that he/she is an individual of at least 13 years of age who can form legally binding contracts under applicable law. The Buyer agrees to keep the user name and password confidential. The Buyer further guarantees that the information supplied to the ForixPrintBridge website is accurate. Falsifying or omitting contact information such as a member's name, address, and/or telephone number when registering with ForixPrintBridge is not permitted. Users are also not permitted to use fax or disconnected numbers as a telephone number. When using this website the Buyer must obey all applicable international, federal, state, and local laws.
l. User Suspension and/or Termination
The Seller, in its sole discretion, may terminate the Buyer's user registration for violating ForixPrintBridge Policies. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers user registration and/or give rise to civil action against the Buyer.
m. Seller's right of removal of materials
The Seller reserves the right at any time with or without the Buyer's prior consent and without liability to the Buyer in that regard to delete from the ForixPrintBridge website all personal information, data, text, files, images and all other materials of the Buyer and to prevent the Buyer from obtaining access to any such data. In particular, it is the absolute policy of the Seller to reject any materials that the Seller's sole discretion, it considers to be obscene, in bad taste or in any other way inappropriate (whether or not to print such materials would be illegal or unlawful).
n. Buyer indemnification of ForixPrintBridge
By using the Site, you agree to indemnify the ForixPrintBridge parties for any and all claims, damages, losses, liabilities and causes of action (including expenses and attorneys' fees) incurred by them arising out of or relating to your breach or alleged breach of these T&C (including without limitation, claims made by third parties for infringement of intellectual property rights). You agree to cooperate as fully as reasonably required in the defense of any claim. ForixPrintBridge reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
o. Seller's right of change and amendment
The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides it services under contracts with Buyers and, in consequence, to make variations and amendments to these Conditions and to its Policies. Buyers who use the Seller's services on a regular basis should check the relevant links regularly before placing Orders.
We welcome your feedback about the Site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the Site shall be and remain the exclusive property of ForixPrintBridge, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of these Terms and conditions, please contact us.