GENERAL TERMS AND CONDITIONS OF USE
Notice of Terms for THROTTLEWEB.COM and THROTTLEWEB.NET, collectively JLM Systems, Inc herein referred to as the (COMPANY) as an agreement between the COMPANY and website user or client collectively referred to herein as (CLIENT).
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS WEBSITE AND ANY PAGES ON THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ACCESS THIS WEBSITE OR ANY PAGES THEREON. The JLM SYSTEMS COMPANY MAY REVISE THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE. YOU SHOULD PERIODICALLY REVIEW THESE TERMS AND CONDITIONS AS THEY ARE BINDING.
COPYRIGHT JLM SYSTEMS, INC. © 2008-PRESENT. ALL RIGHTS RESERVED.
Copyright in the pages and in the screens displaying the pages, and in the information and material in such pages and screens and in their arrangement, is owned by the COMPANY unless otherwise indicated. Throughout this website you will find a number of trademarks, logos, and service marks (collectively the "Marks"). The Marks are registered and unregistered trademarks, logos, or service marks of the COMPANY and others. Nothing contained on this website should be construed as granting any license or right to use any such Marks displayed on the website without the written permission of the COMPANY or such third party that may own the Marks displayed.
USE OF INFORMATION AND MATERIALS
The information, materials, and representation contained in this website are subject to change without notice.
THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS, OR OTHER ITEMS, ARE PROVIDED "AS IS," "AS AVAILABLE." the COMPANY DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF SUCH INFORMATION AND MATERIALS, AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN SUCH INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESS, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS IN THIS WEBSITE.
LIMITATION OF LIABILITY
IN NO EVENT WILL the COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THIS WEBSITE OR THE USE OF OR INABILITY TO USE THIS WEBSITE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, EVEN IF the COMPANY OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. HYPERLINKS TO OTHER INTERNET RESOURCES ARE AT YOUR OWN RISK; THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND OTHER LINKS PROVIDED BY THESE RESOURCES ARE NOT INVESTIGATED, VERIFIED, MONITORED, OR ENDORSED BY the COMPANY.
The COMPANY understands that privacy is a major concern for many consumers who do business or conduct transactions online. The COMPANY complies with all applicable legal privacy requirements.
All information submitted to the COMPANY via this website shall be deemed and remain the property of the COMPANY, and the COMPANY shall be free to use, for any purpose, any ideas, concepts, know-how, or techniques contained in information a visitor to this website provides the COMPANY through this website. The COMPANY shall be subject to obligations of confidentiality as specifically required by law.
PRODUCTS AND SERVICES
Not all consumers will be eligible for the products or services described on this website and the COMPANY reserves the right to reject requests. Certain products or services may not be available in all states.
In addition to these terms and conditions, the COMPANY products and services are governed by the terms and conditions set forth in its web pages, and should be adhered to as describe.
LICENSING AND GENERAL INFORMATION
The COMPANY makes no claims that the products or services offered through this website are appropriate or may be downloaded outside the United States. If you access this website from outside the United States, you do so at your own risk and are responsible for compliance with applicable laws. If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any term of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in particular web pages within this website, these terms and conditions constitute the entire agreement between you and the COMPANY with respect to your use of this website.
General Membership Terms and Conditions
Member certifies to COMPANY that he/she is not a minor. By accepting this Agreement, you represent that you meet this age requirement. Minors who use Service are assumed to have parental or guardian consent to do so.
You agree to provide the COMPANY with accurate and complete billing information including your legal name, address, and telephone number. All changes to information must be reported to the COMPANY within 30 days of the change.
By accepting this Agreement, you agree that you are responsible for all posted to your account until you cancel this agreement.
You are responsible for maintaining the confidentiality of passwords used by you or members of your household.
You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects the COMPANY to liability; is in contravention of the COMPANY'S Acceptable Use Policy. You agree to comply with COMPANY security procedures and standards and to be bound by the terms and conditions of the End User License Agreement for any software provided to you.
HOSTING TERMS AND CONDITIONS
This is an agreement between you and the COMPANY, regarding your use of the COMPANY computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which the COMPANY makes the services offered by the COMPANY available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the " COMPANY " webhosting or similar services. Under this Agreement, you must comply with the COMPANY'S then current "Acceptable Use Policy," as updated from time to time by the COMPANY, which can be viewed at http://www.COMPANY.com/shop/index.php?main_page=conditions. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1. The COMPANY will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal by fax or postal mail with a minimum of 30 days notice prior to your renewal date. Phone or e-mail notification is not acceptable. If you do not provide this notice, your account will be renewed and a non-refundable cancellation charge of $50.00 will apply. There are no refunds on a la carte services, dedicated servers or server co-location.
2. The COMPANY services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. The COMPANY expressly disclaims any representation or warranty that the COMPANY services will be error-free, secure or uninterrupted. No oral advice or written information given by the COMPANY, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. This includes and is not limited to site function, domain name, DNS, search engine results and uptime. Domain names are purchased from outside entities, and the COMPANY has no rights or control outside the scope of the vendor agreement. The terms of this Section will survive any termination of this Agreement.
3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by the COMPANY, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of the COMPANY based upon the severity of the violation. The COMPANY reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of the COMPANY then current Acceptable Use Policy, in the sole and absolute opinion of the COMPANY. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless the COMPANY from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by the COMPANY, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.
4. The COMPANY reserves the right to change, at any time, the prices charged to the Account Holder for the services provided by the COMPANY.
5. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. The COMPANY will not change passwords to any account without proof of identification, which is satisfactory to the COMPANY, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes the Account Holder, Account Holder understands that the COMPANY will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will the COMPANY be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless the COMPANY from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.
6. The Account Holder agrees not to harm the COMPANY, its reputation, computer systems, programming and/or other persons using the COMPANY services. The COMPANY reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by the COMPANY are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate their website. The COMPANY will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then the COMPANY has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless the COMPANY and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by the COMPANY. The terms of this Section will survive any termination of this Agreement.
7. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of the COMPANY.
8. If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. The COMPANY has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current the COMPANY Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by the COMPANY, the COMPANY may terminate the services being provided to the Account Holder.
9. The COMPANY will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall the COMPANY be liable to the Account Holder for any damages resulting from or related to any failure or delay of the COMPANY in providing access to the Internet under this Agreement. In no event shall the COMPANY be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of The COMPANY under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.
10. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. An account may not be transferred without prior written approval from the COMPANY. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the COMPANY services, including any damages resulting there from, until the Account Holder notifies the COMPANY's customer service.
11. If the COMPANY assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the COMPANY services, the right to use that Internet Protocol address will remain with and belong only to the COMPANY, and the Account Holder will have no right to use that Internet Protocol address except as allowed by the COMPANY in its sole and absolute discretion.
12. This Agreement constitutes the entire agreement between the Account Holder and the COMPANY with respect to the COMPANY services and supersedes all prior agreements between the Account Holder and the COMPANY. The COMPANY failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
13. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in Fort Lauderdale, FL. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
14. The Account Holder agrees to indemnify and hold the COMPANY harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and the COMPANY will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.
15. The COMPANY may include the Account Holder's name and contact information in directories of the COMPANY service subscribers for the purpose promoting the use of the services by additional potential clients. However, the COMPANY is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.
16. The interpretation and enforcement of this Agreement shall be governed according the laws of the State of Florida. The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of Florida for any action arising out of or relating to the Account Holder's use of the COMPANY services.
17. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.
ACCEPTABLE USE POLICY
The COMPANY is an Internet Presence Provider (IPP). We host web pages and provide e-mail services. The COMPANY has certain legal and ethical responsibilities regarding the use of its computer network and equipment. Our goal to be unbiased in providing hosting services for the Internet; however, The COMPANY reserves the right to cancel or interrupt any client's access to our services if we believe those services are being abused. You are solely and fully responsible for any content in the space provided for your web page and for the e-mail you produce. For these reasons, you violate the COMPANY policy and the service agreement when you, your customers, affiliates, or subsidiaries engage in the following prohibited activities:
Any unsolicited bulk and/or commercial e-mail, considered spamming. Spamming not only affects the industry's attitude toward the COMPANY but also disrupts the service of other the COMPANY customers. The COMPANY may, at its discretion, suspend or cancel your account for spamming.
Intellectual Property Violations
Infringing or misappropriating the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, violating privacy, publicity, or other personal rights of others. The COMPANY is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement. It is also the COMPANY policy to terminate the privileges of customers who commit repeat violations of copyright laws.
Using the COMPANY network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material. The COMPANY is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through the COMPANY network.
Defamatory or Abusive Language
Using the COMPANY network as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks
Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "cracking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this Acceptable Use Policy
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Export Control Violations
Exporting encryption software over the Internet or otherwise, to points outside the United States.
Other Illegal Activities
Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Engaging in activities, whether lawful or unlawful, that the COMPANY determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.
DESIGN TERMS AND CONDITIONS
1. Delivery Dates, are to be determined at the time of creative brief agreement and will be contingent upon the delivery of any essential money or material required to complete any aspect of the project.
2. Grant of Rights. All artwork, code, photography, physical, or digital that is sent to a client for review and approval regardless whether print or publish ready remains property of the COMPANY until a signed approval is documented and payment has been made in full. The COMPANY maintains the right to confiscate and deny use of any artwork, photography or code until payment has been made, without exception. Upon receipt of full payment, the COMPANY shall grant to the CLIENT either the Exclusive or Non-exclusive rights below for the use of the finished art: For use as: Internet marketing Material For the Product or Publication: All COMPANY Inclusive In the following territory: National/International…Internet For the following time period: Unlimited
This grant of rights will again be determined on the agreement of the creative brief and does not include electronic rights, unless specified to the contrary here: INCLUDES ELECTRONIC RIGHTS, in which event, the usage restrictions shown above shall be applicable. For the purposes of this agreement, electronic rights are defined as rights in the digitized form of works that can be encoded, stored and retrieved from such media as computer disks, CD ROMS, computer databases and network servers.
3. Reservation of Rights. All rights not expressively granted shall be reserved to the COMPANY, including but not limited to, all rights of preliminary design, code and the right of self-promotion using all finished pieces except any confidential in nature, prior to them being made public.
4. Fee. CLIENT shall pay the designated total purchase price plus any additional billing upon notification for the usage rights granted. CLIENT shall also pay and required sales taxes for any product.
5. Additional Usage. If the CLIENT would like to make additional uses of the work, CLIENT shall seek permission from the COMPANY and pay additional fees to be determined.
6. Expenses. CLIENT shall reimburse the COMPANY for tangible and outside vendor expenses. Qualifying expenses shall be invoiced at cost plus 15 percent, which additional percentage is included in all estimates. At the signing of this Agreement or the commencement of work, whichever is first, CLIENT shall pay COMPANY $0 as a nonrefundable advance against expenses. If the advance exceeds expenses incurred, the credit balance shall be used to reduce the fee payable, or, if the fee has been fully paid, shall be reimbursed to the CLIENT.
7. Payment. Assuming credit is granted, client shall pay the COMPANY within (10) days of the receipt of the COMPANY’s invoice, which shall be dated the date of the finished project, or increment thereof. In the event that the work is postponed at the request of the CLIENT, the COMPANY shall have the right to bill pro rata for work completed through the date of that request, while reserving all other rights. Overdue payments shall be subject to interest charges of 2% percent monthly. All media and advertising purchases will be paid 10 days prior to running advertisements, with no exceptions. Consultant accepts checks, cash and money orders made payable to: JLM Systems, Inc. All payments made via credit card are subject to a 5% processing increase.
8. Advance. At the time of signing this Agreement, the electronic purchase, or the commencement of work, whichever is first, CLIENT shall pay the COMPANY the amount designated in the Total Initial Due line from the Project Summary page to serve as the advance against the total first month fee. The client shall make payments as outlined in the summary section of this agreement through completion of this project and any subsequent work to be determined later.
9. Revisions. The COMPANY shall be given the first opportunity to make any revisions requested by the CLIENT. If revisions are not due to any fault on the part of the COMPANY, an additional fee shall be charged. If the COMPANY objects to the revision(s) to be made by the CLIENT, the COMPANY shall have the right to have their name removed from the published work.
10. Copyright Notice. Copyright notice in the name of the COMPANY __ shall accompany _X_ shall not accompany the Work when it is reproduced.
11. Authorship Credit. Authorship credit in the name of the COMPANY _X_ shall accompany __ shall not accompany the Work when it is reproduced. If the finished Work is included in a magazine, or included in a book, authorship credit shall be given, unless specified in the preceding sentence.
12. Cancellation. In the event of cancellation by the CLIENT, the following cancellation schedule shall apply and be paid by the CLIENT: (A) cancellation prior to finished Work design being delivered: 100% of hourly fees due to that point, (B) cancellation due to the finished Work being deemed unsatisfactory: 70% of fee, and (C) cancellation for any other reason after finished Work is delivered: 100% of fee. In the event of cancellation, the CLIENT shall also pay any expenses incurred by the COMPANY, and the COMPANY shall own all rights to the Work. The billing upon cancellation shall be payable within (30) days of the CLIENT’s notification to stop work or the delivery of the finished Work, whichever occurs sooner.
13. Ownership and Return of Work. The ownership of original Work, including preliminary designs and other materials created in the process of making the finished Work, shall remain with the COMPANY. All such work shall be returned to the COMPANY via bonded messenger, airfreight, or registered mail within (30) days of the CLIENT’s completing its use of the material. Based on specifications for the Work, a reasonable value for the original, finished Work is To Be Determined on a per job basis. The original photography, illustration and related copyrightable material shall remain property of the third party licensor or company, as noted on a designated APPENDIX, provided that the COMPANY has obtained rights sufficient for the usage. The above charges are only for the use of such materials on each particular Work, unless purchase or use rights are arranged by CLIENT. The above charges are for one-time use only unless otherwise negotiated.
14. Indemnity. CLIENT indemnifies and holds COMPANY and its affiliates, heirs and assignees harmless from and against any claim, loss, proceeding, liability, judgment, cost or expense (including without limitation attorneys’ fees) of any kind and character suffered or incurred by CLIENT (a) by reason of any breach or alleged breach or failure of any of the warranties, agreements, representations or obligations of COMPANY under this Agreement, and/or (b) by reason of, arising from, or in any manner connected with any acts or omissions of COMPANY with regard to or in the rendering of services under this Agreement, and/or (c) arising from a claim of patent and/or copyright infringement, whether actual or alleged, and/or (d) caused by the negligence of COMPANY. The CLIENT agrees to represent legally the COMPANY as the CLIENT themselves should any such issue arise.
15. Arbitration. All disputes shall be submitted to binding arbitration before TBD in the state of Florida, and settled in accordance with the rules of the American Arbitration Association. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. Disputes in which the amount at issue is less than $1000 shall not be subject to this arbitration provision.
16. Miscellany. If the CLIENT authorizes the COMPANY to commence work, the terms of this Agreement shall be binding upon the parties, their heirs, successors, assigns, and personal representatives; this Agreement constitutes the entire understanding between the CLIENT and the COMPANY; its terms can be modified only by an instrument in writing signed by both parties, except that the CLIENT may authorize expenses orally; a waiver of a breach of any of its provisions shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof; and the relationship between the CLIENT and the COMPANY shall be governed by the laws of the State of Florida.
17. Taxes. Because tax law and amounts vary for each state, the maximum state and city tax will be charged on all services except for media purchase advertising. If taxes become payable at any point subsequent to advertising being purchased and posted, client agrees to indemnify company and pay all taxes due to their state and federal tax revenue collector.
18. Terms. The terms of this contract will supersede all previous agreements and stand for one year from the above listed effective date, at which time the terms will be renegotiated. No changes can be made to this agreement without the written agreement of both parties.
19. Severability. If any provision of this Agreement or the application thereof to any person or circumstance shall at any time or to any extent be determined to be invalid or unenforceable, the remaining provisions of this Agreement shall not be affected and shall be deemed valid and fully enforceable to the extent permitted by law, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted.
20. Signature. The signing of this document creates a binding contract between the COMPANY and the CLIENT, and signifies that ideas, studies, artwork can be used by the client. The client is legally bound by this document to remit payment for all services rendered and ideas, studies and artwork developed and used for client benefit.
Disclaimer: The Company in no way guarantees profits, or increases in the value of your company, or its assets. Nor can THE COMPANY predict future earnings and success.
PRINT TERMS AND CONDITIONS
ORDER APPROVAL and ORDER PICK-UP
Customer is fully responsible for final proof and layout approval prior to the printing process.
The COMPANY is NOT LIABLE for errors in a final product caused by any of the following reasons: Misspelling, Graphics, Bleeds, Grammar, Damage Fonts, Punctuation, Wrong cuts, Incorrect or Missing Folds, Finished Product Size
By submitting a document or otherwise placing an order for printing to the COMPANY "I agree to the following terms". I have verified that spelling and content are correct. I am satisfied with the document layout. I understand that my document will print EXACTLY as it appears here, that I cannot make any changes once my order is placed, and that I assume all responsibility for typographical errors.
The COMPANY will make several attempts to contact Customer when packages are ready for pickup. Customer has up to 15 days to pick up the package(s) from the COMPANY's facility. If Customer does not pick up the package(s) within this time period, the package(s) will be discarded, and the COMPANY will not be held liable for the discarded item(s).
Please be advised that courier pickups are not permitted, and customers must pick up their own orders, or have made prior arrangements to have direct shipped via UPS via this website.
All information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not the COMPANY, are entirely responsible for all Content that you use from the COMPANY Gallery or send, upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of the COMPANY or any third party. The COMPANY does not control the Content posted by Customers and does not guarantee the accuracy, integrity or quality of the Content. Under no circumstances will the COMPANY be liable to you in any way for any Content you may be exposed to that you may find offensive, indecent or objectionable. Products and services, are provided for your personal and business use only. You agree to abide by these terms of service and not to use these products and services or related messages for any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. Your Content may be used in our advertising or as a reference sample.
You agree that you are responsible for protecting your password and controlling access to your registered account(s), website(s) and other password protect areas. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.
You acknowledge that the COMPANY does not pre-screen Content, but that the COMPANY and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that the COMPANY may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the COMPANY, its users and the public.
CA, KY and TX Brokers: If you are a the COMPANY Broker, and we do not have a record of Resellers Permit in our files you won't be qualified for Sales Tax Exemption, please be notified that Sales Tax will apply to all of your orders.
ACCESS TO CONTENT
After design, producing, printing, your Content and the Proofs the COMPANY sent you may be removed/deleted at any time without notice. Proofs will remain available for a maximum of 3 months. Content and Proofs created by the COMPANY's Design Services will remain available in perpetuity, barring catastrophic data loss.
The COMPANY maintains no guarantee that Content uploaded into our system or provided by us as a background or clip art asset will be available in the future.
The COMPANY is based in Fort Lauderdale, Florida and all transactions take place on the COMPANY's servers located in Texas. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Fort Lauderdale, Florida. You agree to submit to the jurisdiction of Fort Lauderdale, Florida courts and agree that venue in these courts is proper in any such legal action or proceeding.
LIMITATION OF LIABILITY
In no event shall the COMPANY or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not the COMPANY has been advised of possibility of the damage, arising out of or in connection with the use or performance of the site or of failure to provide services that you order from the COMPANY or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall the COMPANY be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the site or its content.
CUSTOMER SUBMITTED ARTWORK OR GRAPHICS
All artwork or designs and images must be provided in CMYK format. The COMPANY is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes.
All artwork, designs and images must be provided in minimum of 350 DPI and CMYK color mode. The COMPANY is not responsible for images printed as fuzzy, distorted or pixilated due to customer provided artwork.
Additional fees may apply for the files larger than 30MB.
ADDITIONAL FEES FOR 2ND PROOF
The first proof for each order is free (included in the printing price). Replacing any files after the first proof has been sent will result in additional charges for each file replacement.
$5.00 fee applies to the following products:
Banners, Business Card, Bookmark, Club Flyer, Collectors Card, Door Hanger, Event Ticket, Hang Tag, Postcard, Rackcard, Business Card, Rolodex, Roll Label, Sticker, Table Tent, Tent Card, Wide Format Posters, Window Cling, Window Decal, and Yard Sign.
$15.00 fee applies to the following products:
Envelope, Flyer, Letterhead, Staggered Cut Flyer, and Notepad
$30.00 fee applies to the following products:
Booklet, Brochure, Calendar, Catalog, CD Package, DVD Package, Mini Menu, Poster, and Presentation Folder
COLOR PROOFING, MATCHING & PRINTING
The COMPANY is not liable for color matching or ink density on screen proofs approved by the customers. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.
The COMPANY will try it's best to match the gradient density of each color, the COMPANY is not liable for the final appearance of a color.
Important : Gang-run printing is multiple (and different) customer jobs are combined on a large print sheet, and run at the same time. For example, we layout 65 different customer business cards and postcards on one gang-run sheet, and run the sheet 1000 times to get 65 sets of 1000 cards . Each card set is a different card. This process allows us to spread the expensive initial setup cost of running a full-color, offset job among 65 customers.
Application of UV Coating may affect or change the appearance of the printed colors. The COMPANY is not liable for the final color appearance of a UV product/s.
Tent Card: High quality full color digital printing for quantities of 25 and 50.
We cannot guarantee the facility in which your order will be printed. In the case of a mechanical issue in one of our facilities, we may print your order in another facility to ensure you receive your order in a timely manner.
ENVELOPES AND LETTERHEADS PAPER EFFECT IN COLOR.
Please note that because our letterhead and envelope paper stock is "uncoated", we recommend you not use colors with high color density. By this we mean dark colors (black, purple, blue, brown, etc). Dark colors tend to get soaked into the paper if their color values are too high. For best results, use light colors.
The COMPANY will be happy to help you cancel your order prior to Approval. However, orders may be eligible for cancellation upon request via email. Our Customer Service Team will inform you of any cancellation charges depending on the stage of the order.
If job is canceled any labor hours (proof, graphics design, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your refund. Minimum is $15 (15%-30% of total transaction)
Once the order has been placed successfully, No Refunds are issued for the Logo, and Graphic design services.
All work and services rendered to Customer remains the COMPANY's property until Customer has paid for it and discharged all other debts owing to the COMPANY. If Customer misuses service(s) in any way, the COMPANY reserves the right to contact the parties responsible for the misuse, and demand the cost for the service(s).
RETURNS AND REFUNDS
Since each order is unique to customer and has no re-sale value, All Sales Are Final. If we verify that we made an error, we will re-print the order. No Refunds or Credit.
Customer must notify the COMPANY within 6 business days of order acceptance to notify any defects discovered in the ordered product. In order to receive replacement Customer must return 100% of the received product within 15 days (on their own expense) from the time when the ordered product delivery was taken.
All charges related to expedite printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. All orders that are being returned must be shipped by customer's own expense.
Terms in Short: While we display pricing for website build packages, the constructed price of this form is a base cost that includes the installation of a comprehensive website system the and configuration of the purchased package, along with logo placement and primary template styling. Any additional design, code customization, copy writing and content or campaign development are available and billed at regular hourly fees. Search Engine Optimization (SEO) and Search Engine Marketing (SEM) are also available and billed at regular hourly fees. If you purchase these services in this form, you are purchasing the first two hours of work per service. Please feel free to contact us for a free quote for your next website project.
The purchase of this product constitutes a 1 year contract for the monthly hosting service, unless paid upon initial purchase. The purchaser also agrees to the terms of all outside services purchased in this transaction, which are presented in the terms and conditions page prior to purchase. Because this product is a time-in-labor service, there are no refunds once setup has started, except for outside services that have not been purchased with the first 10 days, which may cause parts of the site not to function as designed.
Purchaser agrees that using any finance code upon checkout constitutes a fully executed agreement that becomes payable as agreed below.
All work completed will be billed at $100 per hour and along with all expanses will become immediately payable upon early termination at or before any payment period due date, whether or not project has ever launched.
Refunds of any part, or whole of a project once work has commenced are solely at the discretion of ThrottleWeb and JLM Systems, Inc. If a refund of any amount is agreed upon for any reason, it will be derived from a prorated portion of the completed work.
Expenses can include, but are not limited to: stock photography and artwork, software licensing, all server and hosting related expenses including, but not limited to bandwidth, hosting, security, domain, monitoring, installations and any other.
Additional Fees can be charged for reinstatement of services, late payment and collections, additional labor or services rendered, additional third party software purchased at clients request, or any combination of the above.
Purchaser is also bound by ALL other terms herein this document in its entirety.
Coupons cannot be applied to orders containing custom quotes, direct marketing, or mailing services.
ORDER SHIPPING & DELIVERY
The COMPANY will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall the COMPANY be liable for any consequential or damages resulting from any delay in shipment or delivery.
All the COMPANY customers agree not to hold the COMPANY liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues or any other circumstances beyond the COMPANY's direct control. The COMPANY shipment and delivery dates are calculated based upon estimates provided by our suppliers.
The COMPANY will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction and or technical problems may delay the printing process. In case of delay caused by technical difficulty, rush charges/fees will be refunded or waived where applicable. However, technical difficulty will not be the grounds for order cancellation.
Orders that will be picked up: Please allow up to one additional business day after the turnaround to prepare packages for pickup.
Orders that will be shipped: Please allow one additional business day for receipt of labeling and billing information before counting turnaround time for shipping from UPS. For example, if you are quoted a shipping time of 3 business days from February 3rd, please allow the first day for the COMPANY to relay your information and for UPS to pick up, and the following 3 business days/non-holidays for your shipment to arrive.
Please be advised that we do not combine different items or orders for shipping. Due to the nature of gang-run printing, each item may be placed on a separate batch, and each batch may be completed at a different time than the rest of the items on the order. Thus, we ship each item separately to ensure you receive your products as soon as they are ready. We may combine shipping for items that have the same options, such as paper stock, quantity, etc.
CUSTOMS, DUTIES AND TAXES FOR INTERNATIONAL ORDERS
Customs, Duties and Taxes (For International Orders) Orders that are shipped to countries outside of the U.S. may be subject to customs duties and fees levied by the destination country ("Import Fees"). You may be subject to such Import Fees, which are levied once a shipment reaches your country. You are responsible for all additional charges for customs clearance. Customs policies vary widely from country to country. The COMPANY does not have control over these fees, nor can we predict the exact cost of these fees. We are not responsible for informing you of the specific fees that will apply; it is your responsibility as the importer and the customer to check what your country's requirements are for all customs fees, before placing your order. You are responsible for contacting your local customs office for further information. Please be advised that when customs clearance procedures are required, it can cause delays beyond our original delivery estimates. This excludes Canadian orders.
Shipping rates for high quantity products depend on the customers access to a shipping dock and forklift, otherwise additional charges may apply.
SHIPPING ERRORS & LOST PACKAGES
Lost or damaged claims can only be filed for shipments over $50.00 in value and can only be done within 30 days from package shipment. The COMPANY is not responsible for 3rd party shipping errors, omissions or damaged shipments.
CUSTOMER SUPPLIED INCORRECT ADDRESS
When a package is not delivered due to an error made by the customer in submitting the proper shipping address, the COMPANY will reship the package with corrected address and charge an additional shipping fee for the shipment.
Multiple mailing can be held inhouse for no more than 2 months.
CREDIT CARD CHARGES
Order exceeding $200 or greater may require an authorization form and copy of credit card and Driving license. (A valid photo I.D)
We do not accept free web-based email addresses for the broker's program. If you're a broker, we require that you place a minimum of (10) ten orders per month in order to keep your account active. If for some reason there is little or no activity on the account, the account is subject to conversion to a retail account.
We reserve the right to refuse service without disclosing a reason.
All prices are subject to change without notice, no adjustments will be made.
Please note that not all products are printed in the California, Texas and or Miami facilities.