WELCOME TO THE TERMS OF SERVICE (THE “TERMS OF SERVICE”) FOR GITHUB.COM/SYN-NET (“SITE” OR “rclone client“), WHICH IS OWNED AND OPERATED BY JEFFREY CARPENTER (“WE”, “US”, OR “OUR”). FOR PURPOSES OF THESE TERMS OF SERVICE, “YOU” AND “YOUR” OR “USER” MEANS YOU AS THE USER OF THE SITE.
THE TERMS OF SERVICE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND JEFFREY CARPENTER AND GOVERN ANY AND ALL USE OF THE SITE BY ANY AND ALL USERS OF THE SITE AND ANY SERVICES OFFERED THEREFROM. BY USING THIS SITE, YOU HEREBY AGREE TO BE BOUND BY THE TERMS OF SERVICE.
THESE TERMS OF SERVICE ALSO INCLUDE THE ORDER TERMS AND CONDITIONS SET FORTH BELOW, WHICH ARE INCORPORATED BY REFERENCE INTO AND FORM A PART OF THESE TERMS OF SERVICE.
THE SITE AND ITS SERVICES ARE INTENDED SOLELY FOR PERSONS WHO ARE 18 YEARS OF AGE OR OLDER. ANY ACCESS TO OR USE OF THE SITE OR ITS SERVICE BY ANYONE UNDER 18 YEARS OF AGE IS EXPRESSLY PROHIBITED. BY ACCESSING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU ARE 18 YEARS OLD OR OLDER.
Commemorative Tickets
By using and purchasing through this site, you acknowledge that the ticket(s) purchase from this site have no monetary value but instead function as post event created tickets solely for the purpose of memento or remembrance of the post event. You further acknowledge that Jeffrey Carpenter nor the ticket(s) purchased has no direct affiliation with the owner(s) and/or provider of any events in question and that other than the information provided by the user, all information on the ticket(s) are the creation of Jeffrey Carpenter and not of the owner(s) and/or provider of any events in question.
Account Eligibility
To use certain portions of the Site, including to place orders, you will need to create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. You are solely responsible for protecting the confidentiality of your password for your Account and may not disclose your password to any other person.
In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.
Copyright Notice
You agree that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, “Content”) are intellectual property and copyrighted works of Jeffrey Carpenter, its licensees, and/or various third-party providers (“Providers”). Except where expressly provided otherwise by us, nothing made available to users via the Site may be construed to confer any license or ownership right in or materials published or otherwise made available through the Site or its services, whether by estoppel, implication, or otherwise. All rights not granted to you in the Terms of Service are expressly reserved by us.
Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
Corporate Identification and Trademarks
“Jeffrey Carpenter” and any and all other marks appearing on this Site are trademarks of Jeffrey Carpenter in the United States and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without Jeffrey Carpenter's prior written consent. The use of Trademarks on any other website or network computer environment is prohibited. Jeffrey Carpenter prohibits the use of Trademarks as a “hot” link on, or to, any other website unless establishment of such a link is pre-approved by Jeffrey Carpenter in writing.
User Conduct
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component or false or misleading indications or origin or statements of fact.
You may only use this Site to make legitimate requests to purchase the products or services offered via the Site (each, a “Request”). It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
You agree that you shall not use this Site to make any misleading, slanderous, illegal, speculative, false or fraudulent Requests. You may not use robots or other automated means to access or crawl this Site or any data on information on the Site, unless specifically permitted by Jeffrey Carpenter. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Jeffrey Carpenter's prior written consent is prohibited.
In addition to the foregoing and in consideration of being allowed to use the Site, you agree that the following actions shall constitute a material breach of the Terms of Service:
Collecting information about the Site or users of the Site without our written consent;
Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in the Site, without our written consent;
Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Site or any portion thereof;
Accessing or using the Site for competitive purposes;
Disguising the origin of information transmitted to, from, or through the Site;
Impersonating another person;
Distributing viruses or other harmful computer code(s);
Allowing any other person or entity to impersonate you to access or use the Site;
Using the Site for any purpose in violation of local, state, national, international laws;
Using the Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
Circumventing any measures implemented by us aimed at preventing violations of the Terms of Service.
We expressly reserve the right, in our sole discretion, to terminate a user’s access to any or all areas of the Site due to any act that would constitute a violation of these Terms of Service.
Linking to the Site
Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material or content displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, “Comments”), shall become and remain the exclusive property of Jeffrey Carpenter. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to Third Party Websites
From time to time, this Site may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.
Privacy
You confirm that you have read, understood and agree to the Jeffrey Carpenter, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Jeffrey Carpenter, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the Jeffrey Carpenter. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by Jeffrey Carpenter in order to provide this Site and its services to you, or for such other purposes.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. JEFFREY CARPENTER DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JEFFREY CARPENTER INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”) – BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. UNDER NO CIRCUMSTANCES SHALL THE COVERED PARTIES BE LIABLE TO YOU OR ANY OTHER CUSTOMER FOR SAID CUSTOMER’S LOSS OF BUSINESS, LOSS OF PROFITS, POSTAGE OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY SUCH CUSTOMER AS A RESULT OF OUR ERROR, MISTAKE, OR FAILURE TO PERFORM SERVICES.
IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO JEFFREY CARPENTER FOR THE REQUEST.
Indemnification
You agree to defend, indemnify and hold harmless the Covered Parties (as defined above) from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms Of Service, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Site using your password, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a Third Party (as described below), you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.
Third Parties
If you use this Site to submit Requests for or on behalf of a third party (“Third Party”), then you represent and warrant that you are authorized by such Third Party to submit Requests or otherwise use the Site on its behalf. You agree that you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Request submitted, including related fees, charges and performance obligations. In addition, you must inform the Third Party of all Terms of Service applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
Termination
Jeffrey Carpenter reserves the right to terminate your Account and access to the Site and its services at any time. Termination by Jeffrey Carpenter may include removal of access to the Service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your Account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site.
Amendments to Terms of Service
Jeffrey Carpenter reserves the right, at our sole discretion, to change, modify or otherwise alter the Terms of Service at any time. You agree that we may modify the Terms of Service and such modifications shall be effective immediately upon posting to the Site. You agree to review these terms and conditions periodically to be aware of modifications. Continued access or use of the Site following such posting shall be deemed conclusive evidence of your acceptance of the modified Terms of Service except and to the extent prohibited by applicable state or federal law.
Changes to the Site
We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, prices, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to any part or all of the Site without notice or penalty. You agree that Jeffrey Carpenter will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.
Additional Terms
The captions in these Terms of Service are only for convenience and do not, in any way, limit in part or whole, or otherwise define the terms and provisions of these Terms of Service. None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control. If any provision of the Terms of Service is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to uphold the intent of the Terms of Service, and the remainder of the Terms of Service shall continue in full force and effect. The failure by either you or Jeffrey Carpenter to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms of Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in the Terms of Service regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms of Service.
Entire Agreement
These Terms of Service, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the “Agreement”) between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
Governing Law & Exclusive Venue for Disputes
The internal laws of the State of California shall govern the performance of these Terms of Service, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of Ramsey in the State of Minnesota for all disputes arising out of, or relating to, the Terms of Service and use of this Site or its services.
Equitable Relief
You agree that a breach of these Terms of Service will cause irreparable injury to Jeffrey Carpenter for which monetary damages would not be an adequate remedy and Jeffrey Carpenter shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Notices
Except as explicitly stated otherwise, any notices shall be given by email to Jeffrey Carpenter at [email protected] or to you at the email address you provide to Jeffrey Carpenter. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
Contact Us
Jeffrey Carpenter
[email protected]
ORDER TERMS AND CONDITIONS
Payment
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. All prices set forth on the Site and stated herein are based on current costs and subject to change without notice and payment amounts and other terms may be subject to additional agreements between User and Jeffrey Carpenter.
If a User submits an order on the Site to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method.
Production of all items ordered hereunder is subject to the terms outlined below in the “Printing Turnaround Time” section, and will not begin until an order is fully paid, including shipping and handling fees.
Once the print file(s) associated with an order have been approved by the User as described below in the “Printing Turnaround Time” section, and will not begin until an order is fully paid, the order will be “In Production” and no changes will be allowed to the print files, job characteristics, or printing turnaround time. After an order is In Production, the entire amount of the order along with applicable taxes and shipping/handling fees shall be deemed fully paid and non-refundable, except as provided for in the Return & Refund Policy below. Additional Service Fees, List Purchase and USPS Postal Costs are non-refundable. Except as provided for in the Return & Refund Policy below, any payment received from the User shall be deemed fully paid to Jeffrey Carpenter and non-refundable at a rate of twenty percent (20%) for each calendar month that passed after the date of the User’s initial submission even where the print job never reaches the “In Production” or shipment phase due to no fault of Jeffrey Carpenter (e.g. User fails to respond to approval of proof/print job, User fails to provide information to complete the print job or shipment, User otherwise fails to cancel his or her order prior to reaching the “In Production” phase, etc.).
Return & Refund Policy
At Jeffrey Carpenter, we strive to provide our Users with the best possible printing experience. If you are not 100% satisfied with your order for any reason, please contact our customer service department. Depending on the issue, there approved solutions are as follows:
100% Refund or reprint on any defective print orders
All policies are subject to change without prior notification. Defective product refunds and reprints shall not exceed the amount paid by the User or $1,000.00 (whichever is less). Determination of defect is at the sole discretion of Jeffrey Carpenter. In most cases, Users will be requested to submit digital photos documenting the product defect and/or ship the defective products back to customer service. Free expedited reprint on any orders lost in transit is limited to orders less than or equal to $250. Turnaround and shipping for reprint orders will vary depending upon available production capacity and manager’s discretion.
Direct mail services including printing, mailing services, list services and design services are not subject to the foregoing return policies. Refunds or reprint on direct mail orders will be evaluated on a case-by-case basis and any refund/reprint shall be determined by Jeffrey Carpenter in its sole discretion. Under absolutely no circumstance will postage be refunded for any reason once it has been physically applied to an item ordered, regardless if it is yet to be mailed or not.
Our Sales Tax Policy
Jeffrey Carpenter charges sales tax on orders picked-up from or shipped to addresses in accordance with state and local regulations unless you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate.
If, after the User has paid the invoice, it is determined that more tax is due, then the User must promptly remit the required taxes to the taxing authority or immediately reimburse the provider for any additional taxes paid.
Cancellation
An order may not be canceled once it is “In Production”. If the order is still in the preflight or proofing stage, it may be canceled subject to the following fees, when applicable:
Orders placed, paid for and then canceled before 24 hours after the conclusion of their game, may be refunded in full or booked as store credit to be applied to future orders;
Orders below $100 will not be subject to cancellation fees;
Orders from $100 to $500 will be subject to a $15.00 cancellation fee;
Orders $500 and above will be subject to a cancellation fee of 3.5% of the full order amount
Color Accuracy
Jeffrey Carpenter will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density (as viewed in a 5000K light booth). Because of inherent limitations with the printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. By placing an order with Jeffrey Carpenter, you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed piece.
Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on screen proofs that you approve. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. Application of UV coating may affect or change the appearance of the printed colors. We are not liable for the final color appearance of a UV coated product.
No Liability for Errors
Jeffrey Carpenter is not liable for errors in a final product caused by any of the following reasons:
Spelling, punctuation and grammatical errors
Low resolution or low-quality graphics and images
Damaged fonts
Transparency issues
Overprint issues
Artwork files that are not created following our specifications
Variances in color from the conversion of Pantone or RGB colors to CMYK
Errors in user-selected options such as size, quantity, paper and finish
Duplicate orders submitted by the User
Incorrect files uploaded
Incorrect file orientation
Cracking on folds
Cutting variances
Damage to products after delivery to User
Incorrect or undeliverable shipping address
User is responsible for reviewing their files and correcting any issues prior to placing the order.
Artwork Files
Although Jeffrey Carpenter checks all submitted artwork files before printing, you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to Jeffrey Carpenter. Jeffrey Carpenter is not responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By submitting the artwork to Jeffrey Carpenter, you certify that you have the right to use the image(s) in your artwork files.
Under these Terms of Service, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, nudity, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order based on foregoing reasons or for any other reason which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.
Jeffrey Carpenter may also provide artwork design tools which offer a limited number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use and offer all such elements to other parties in the future. Other Users may use the same design tools to create images that may have similar or identical combinations of these elements. Jeffrey Carpenter provides no warranty of any kind that artwork created using the design tool will not infringe, or be subject to a claim of infringing, on the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any image, mark, logo name or design is legally available for your use and does not infringe on another party’s rights.
We may, based on our sole discretion, set limits to the maximum number of days that we shall retain designs or other uploaded files, as well as the maximum storage space that we would allocate to such files. Jeffrey Carpenter is not responsible for the deletion or failure to store any file whether uploaded or designed on our website. We reserve the right to delete any file stored which has been inactive for an extended period of time, or for any other reason, without prior notice.
Promotional and Referral Codes
Jeffrey Carpenter may offer certain promotional codes, referral codes or similar promotional coupons (“Promotional Codes”) that may be redeemed for discounts, or other features or benefits related to the Site, subject to any additional terms that Jeffrey Carpenter establishes. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by Jeffrey Carpenter; (d) may be disabled or have additional conditions applied to them by Jeffrey Carpenter at any time for any reason without liability to Jeffrey Carpenter; (e) may only be used pursuant to the specific terms that Jeffrey Carpenter establishes for such Promotional Code; (f) are not valid for cash or other credits or points offered via the Site; and (g) may expire prior to your use.
Shipping
Unless you choose Pick Up or Mailing Services, you need to select one of the shipping methods presented to you on the Site. All shipping may be done using FedEx, UPS or other freight carriers. Jeffrey Carpenter reserves the right to use the most appropriate carrier for the required transit time and destination. When choosing a shipping method, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by the carrier. For instance, a product shipped Two Day service and picked up on a Thursday would be delivered by end of day Monday.
Jeffrey Carpenter’s responsibility is limited to preparing your printing order and turning it over to the carrier for shipping. Shipping transit times vary and Jeffrey Carpenter assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.
Jeffrey Carpenter is not liable for damages that occur during shipping. Jeffrey Carpenter reserves the right to modify the shipping option selected by you and retain any related difference in charges between shipping options, where Jeffrey Carpenter completes the job prior to the turnaround time selected by you and there will be no adverse material impact on the target arrival date (See Target Arrival).
Target Arrival
Target arrival dates are calculated by adding the printing completion time to the shipping transit time. Both printing and shipping times are based on business days only and do not include weekends or holidays.
Miscellaneous
All complaints must be registered within 24 hours of receipt of your final printing job. If we determine that your job contains manufacturing errors and/or defects, we will rerun your job at no charge. All materials we create in producing your printed product are the property of Jeffrey Carpenter. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product. Please note that your printed product or images used for your printed product will not be used in any national advertising without your prior written consent.
Intellectual Property Rights
This website and various aspects of this website may be protected by federal statutory and common law copyright protection, federal statutory and common law trademark and service mark protection, federal statutory and common law trade dress protection and federal patent protection. Any infringement of the intellectual property rights of this website will be aggressively prosecuted. Verification of such may be made by the patent, trademark, and copyright law firm of Johnson and Phung LLC, website www.mnpatentlaw.com and more specifically, Thomas Phung of www.mnpatentlaw.com.
Legal Disputes – Agreement to Arbitrate
By using this site or accessing to this Site or Services, or any tickets or purchased through this Site or Services you agree that any related disputes be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (“Rules”), rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis (together with subsections 22(A)-(F), the “Agreement to Arbitrate”). This Agreement to Arbitrate is intended to be broadly interpreted. The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.
Prohibition of Class and Representative Actions
and Non-Individualized Relief
Prohibition of Class and Representative Actions
EXCEPT WHERE PROHIBITED BY LAW, YOU AND JEFFREY CARPENTER AGREE THAT EACH OF US MAY BRING CLAIMS PURSUANT TO THIS AGREEMENT TO ARBITRATE AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND JEFFREY CARPENTER AGREE OTHERWISE, THE ARBITRATOR SHALL NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND SHALL NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING.
Non-Individualized Relief
YOU AND JEFFREY CARPENTER AGREE THAT THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS OR THE GENERAL PUBLIC.
If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then subject to your and Jeffrey Carpenter's right to appeal the court’s decision, that claim (and only that claim) must be severed from the arbitration and may be brought in court. All other claims will be arbitrated.
Arbitration Procedures
Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow the terms of the User Agreement, as a court would.
All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to Arbitrate, any part of it, or of the User Agreement including, but not limited to, any claim that all or any part of this Agreement to Arbitrate or the User Agreement is void or voidable.
Severability
This Agreement to Arbitrate (“Prohibition of Class and Representative Actions”), if an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply.
