Terms of Service

Dear potential or current customer of this site, lawyers charge a bundle for this legal stuff, so we feel we should post this notice. Some of it sounds pretty lawyerish to us, but that's how lawyers sound. So here goes:

You are solely and fully responsible for any content that you send to our site. We strictly prohibit the posting of the following types of content to our site:

We welcome customers use our services. We have terrific customers and we intend to keep it that way.

We want to be completely honest about our policy.

Customers who want to use our services and tools must agree to accept our email messages as part of their service. We provide you with limited web space for business transactions between you and us. The spirit of the web space is specifically intended as a storage facility for your digital files as long as they are needed for us to do business. Using it in any other way is a violation of our Terms of Service.

We do not currently allow MP3 files to be uploaded to our web space storage. We only use email to inform you of job related activities and new benefits and features, to let you know of urgent problems on our site, and to present special customers-only opportunities to buy products and services. And we keep these messages to a minimum. If you elect not to receive our email messages by opting-out of our mailing list, you will miss training information, new product and services announcements, and special discounts.

If you believe that any of the content posted violates your proprietary rights, including copyrights, please contact us.

By submitting your information or files to us, you represent that the pages or files comply with our Terms of Service. If any third party brings a claim, lawsuit or other proceeding against us based on your conduct or use of our services, you agree to compensate us (including its officers, directors, employees and agents) for any and all losses, liabilities, damages or expenses, including attorney's fees, incurred by us in connection with any such claim, lawsuit or proceeding.

We are the final arbiter of what IS and IS NOT allowed on our site. Further, we reserve the right to modify or remove anything submitted to this site, and to cancel your access, at any time for any reason without prior notice. We are not obliged to maintain back-up copies of any material submitted or posted on our site. Actions or activities that may cause termination of your access include, but are not limited to:

The personal profile information that you submit to us remains your property, but by submitting that information to us you grant us the right to use that information for internal marketing to yourself. We do not sell our customer list. In addition, we reserve the right to release current or past customer information in the event we believe that your account is being or has been used in violation of the Terms of Service or to commit unlawful acts, if the information is subpoenaed, or when we deem it necessary or appropriate. By agreeing to the conditions of these Terms of Service, you hereby consent to disclosure of any record or communication to any third party when we, at our sole discretion, determine the disclosure to be appropriate.

Your use of our services are at your sole risk. All our services are provided on an "AS IS" basis WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties, so this exclusion may not apply to you in full. We make no guarantee of availability of service and reserve the right to change, withdraw, suspend, or discontinue any functionality or feature of our service. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SERVICES OR ANY CONTENT THEREON FOR ANY REASON INCLUDING, WITHOUT LIMITATION, OUR REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON THIS SITE FOR ANY REASON. THIS DISCLAIMER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR BREACH OF CONTRACT, TORT, OR OTHERWISE, CAUSED; ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; FILE CORRUPTION; COMMUNICATION-LINE FAILURE; NETWORK OR SYSTEM OUTAGE; OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

Terms of Sale The terms of sale listed below apply to your purchase of products or services from Hancock Printing, Inc. DBA impress (Seller). In the act of transacting any business with you, the Customer, agree to be bound to and accept these terms and conditions. These terms of sale are subject to change without prior written notice at anytime, in seller’s sole discretion. 1. Other Documents. These terms and conditions may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend these terms of sale will be null and void, unless otherwise agreed to in a written agreement signed by the Customer and Seller. 2. Governing Law, Jurisdiction and Costs. This agreement is governed by the laws of the State of Oregon, without regard to its conflict or choice of law provisions. Customer agrees that Oregon is an appropriate place for venue of any litigation or arbitration and that Oregon courts have jurisdiction over this agreement and Customer. In the event that the Customer and Seller cannot resolve any Customer dispute, and any collection action, suit, arbitration or judicial action is commenced, the Customer agrees to pay the Seller's reasonable attorneys' fees and costs if the Seller prevails, both before and after trial or arbitration and for the appeal of any trial or arbitration decision. 3. Payment Terms. Terms of payment are within Seller's sole discretion, and unless otherwise agreed to by Seller, full payment must be received by Seller prior to Seller's acceptance of an order. Orders are not binding upon Seller until accepted by Seller. 4. Arbitration. Any claim, dispute or controversy, whether pre-existing, present or future, and including statutory, common law, intentional tort and claims against Seller arising from or relating to these Terms of Sale, their interpretation, or the breach, termination or validity, the relationships which result from these Terms of Sale, including, to the full extent permitted by law, relationships with third parties and finally by binding arbitration administered by the National Arbitration Forum under its procedure than in effect (available by telephone at 1-800-474-2371). The arbitration will be conducted before a single arbitrator, and be solely limited to the dispute between Seller and Customer. The arbitration shall be held in Portland, Oregon. Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. 5. Limited Warranty and Limitation of Liability. Unless otherwise explicitly agreed to in writing by Seller, Seller makes no warranties, expressed or implied, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. In no event shall Seller be liable for any indirect, special, incidental or consequential damages resulting from the performance or use of any goods or services sold pursuant hereto, whether due to a breach of contract, breach of warranty, the negligence of seller or otherwise. 6. Force Majeure. Seller shall not be liable for any delay in performance directly or indirectly caused by or resulting from acts of nature, fire, flood, accident, war, government intervention, embargoes, strikes, labor difficulties, equipment failure, late deliveries by suppliers or other difficulties which are beyond the control, and without the fault or gross negligence of Seller. 7. Estimates. An estimate which is not accepted within 15 days is subject to review. Estimates are only for work according to the original specifications. Additional work done or time consumed by reason of Customer's alteration of copy or proofs, changes made in work or materials will be charged for at current rates. Seller may subcontract work. Presses awaiting "O.K." of Customer will be charged at current rates for time standing. 8. Orders. Orders regularly entered, verbally or written cannot be canceled except upon terms that will compensate seller against loss. Telephone orders will be accepted only with the understanding that Seller not be held responsible for errors. 9. Time Delays. Seller may charge Customer at Seller's current rates for time delays, overtime and lost time in the Production schedule resulting from Customer delays such as, but not limited to, author's alterations of copy, changes in schedule, late delivery of proofs or corrections to Customer supplied materials. 10. Quality of Work. All work will be performed in a good workmanlike manner in accordance with the specifications and production schedule. Artwork, type, furnished film, electronic files and/or engravings and paper provided for jobs must conform to a standard of quality suitable for performance of good work. Quality standards set by Seller shall prevail unless Customer makes specific quality requests or requirements in writing before any order is begun. In the event that the Customer makes a specific performance request after a quotation is given, Seller shall at its discretion charge for additional work necessary to meet customer's requests. 11. Materials. Artwork, type, electronic files, plates, negatives, positives and other items when supplied by the Seller shall remain his exclusive property unless otherwise agreed to in writing. 12. Alterations. Alterations represent work performed in addition to the original specifications. Such additional work shall be charged at current rates and be supported with documentation upon request. 13. Customer Approval. Proofs shall be submitted with original copy. Corrections are to be made on "master set," returned marked "O.K." or "O.K. with corrections" and signed by Customer. If revised proofs are desired, request must be made when proofs are returned. Seller regrets any errors that may occur through production undetected, but cannot be responsible for errors if the work is printed per Customer's "O.K." or if changes are communicated verbally. Seller shall not be responsible for errors if the Customer has not ordered or has refused to accept proofs or has failed to return proofs with indication of changes or has instructed Seller to proceed without submission of proofs. 14. Color Proofing. Because of differences in equipment, paper, inks and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job shall constitute acceptable delivery. 15. Over-Runs or Under-Runs. Over runs or under runs not to exceed 10% on quantities ordered up to 10,000 copies and/or the percentage agreed upon over or under quantities ordered above 10,000 copies shall constitute acceptable delivery. 16. Customer's Property. Upon request, negatives, photos, camera readys, electronic files and artwork may be stored at Seller for a period not to exceed one year after job is delivered. After that time Seller may dispose of unclaimed materials at their discretion without notice to Customer. Seller shall not be liable for lost films, original art or photos. 17. Title. Title for finished work shall pass to the Customer upon delivery, to carrier at shipping point or upon mailing of invoices for finished work, whichever occurs first. 18. Delivery. Seller is relying on schedules established by Customer. Seller estimated delivery times are contingent upon Customer's adhering to its schedule and availability of materials at time of printing. Delivery date(s) may be adjusted as required in the event the Customer fails to deliver material and/or to provide approval as scheduled. 19. Customer Furnished Materials. Paper stock, camera copy, electronic files, film, color separations and other Customer furnished materials shall be manufactured, packaged and delivered to Seller's specifications. Additional cost due to delay or impaired production caused by specification deficiencies shall be charged to the Customer. Paper stock furnished by the Customer shall be to Seller specifications and properly packaged, free from dirt, grit, torn sheets, etc., and a proper quantity for printing requirements. Additional costs due to delays or impaired production on account of improper packing or quality of paper stock shall be charged to the Customer. Any paper claims on Customer furnished paper shall be charged to the Customer and any paper claims arising therefrom shall be the sole responsibility of the Customer. Customer furnished plate-ready film must be contacted one piece per plate, prepared, packed and delivered according to Seller specifications along with okayed prepress or press color proofs and okayed content proofs, when applicable. Extra work needed to correct deficiencies in supplied electronic files shall be charged for at the prevailing rate. Additional costs due to press delays or impaired production on account of improper quality or changes to Customer furnished materials will be charged to the Customer. Seller shall have the right to utilize in advertising and marketing material any printed product or quotations without credit or compensation. 20. Claims and Security. Claims for defects, damages or shortages must be made by the Customer in writing within a period of 2 days after delivery. Failure to make such a claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions and specifications. As security for payment of any sum due or to become due under any term of Agreement, Seller shall have the right, if necessary, to retain possession of and shall have a lien on all Customer property in Seller's possession including work in process and finished work. 21. Indemnification. The Customer shall indemnify and hold harmless the Seller from any and all loss, cost, expense and damages on account of any and all manner of claims, demands, actions and proceedings that may be instituted against the Seller on grounds of alleging that the said printing violates any copyright or any proprietary right of any person, or that it contains any matter that is libelous or scandalous, or invades any person's right to privacy or other personal rights, except to the extent that the Seller has contributed to the matter. The customer agrees to, at the Customer's own expense, promptly defend and continue the defense of any such claim, demand, action or proceeding that may be brought against the Seller, provided that the Seller shall promptly notify the Customer with respect thereto, and provided further that the Seller shall give to the Customer such reasonable time as the exigencies of the situation may permit in which to undertake and continue the defense thereof. 22. Presenting Orders. Customers presenting an order on behalf of a secondary party shall remain liable for the cost of all work until the total amount of the invoice is paid. 23. Electronic Manuscript or Image. It is the Customer's responsibility to maintain a copy of the original file. The provider is not responsible for accidental damage to media supplied by the Customer or for the accuracy of furnished input or final input. Until digital input can be evaluated by the Seller, no claims or promises are made about the Seller's ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize Customer supplied files will be charged at prevailing rates. 24. Entire Agreement. These terms and conditions, including those on the face hereof, constitute the entire agreement with regard to this sale and expressly supersede and replace any prior or contemporaneous agreements, whether written or oral, relating to said sale, including any terms and conditions on any of Customer's documents or purchase orders. This agreement shall be binding upon the heirs, successors and assigns of the part

We reserve the right to change or amend these Terms of Service at any time without prior notice. By submitting any content, including without limitation, file postings you signify your agreement to these Terms of Service.