Agreement Between User and Industry Color LLC

Welcome to industrycoloronline.com (the “Site”), operated by Industry Color LLC (“I,” “we,” “us,” or “our”). The Site is offered to you subject to your acceptance, without modification, of the terms, conditions, and notices contained herein (collectively, the “Terms”).

By accessing or using industrycoloronline.com, you agree to be bound by these Terms. Please read them carefully and retain a copy for your records.

Industry Color LLC is a printing and marketing business. The purpose of this Site is to provide information about our company, knowledge, products, and services.

Privacy

Your use of the Site is also subject to our Privacy Policy. Please review our Privacy Policy, which governs the collection, use, and disclosure of information through the Site.

Electronic Communications

Visiting the Site or sending emails to Industry Quick Print constitutes electronic communications. By communicating with us electronically, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, including by email and through the Site, satisfy any legal requirement that such communications be in writing.

Children Under Thirteen

Industry Color LLC does not knowingly collect personal information, either online or offline, from children under the age of thirteen (13).

If you are under eighteen (18), you may use the Site only with the permission and supervision of a parent or legal guardian.

Links to Third-Party Sites and Services

The Site may contain links to other websites (“Linked Sites”). Linked Sites are not under the control of Industry Color LLC, and we are not responsible for the contents of any Linked Site, including any links contained within a Linked Site, or any changes or updates to a Linked Site.

Industry Color LLC provides links to Linked Sites solely as a convenience. The inclusion of any link does not imply endorsement by Industry Color LLC or any association with the operators of the Linked Site.

Certain services made available through the Site may be provided by third-party websites, companies, or organizations. By using any product, service, or functionality originating from the Site, you acknowledge and consent to Industry Quick Print sharing information and data with third parties with whom we have a contractual relationship to provide the requested product, service, or functionality on behalf of Site users and customers.

No Unlawful or Prohibited Use; Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms.

As a condition of your use of the Site, you represent and warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with another party’s use and enjoyment of the Site.

You may not obtain or attempt to obtain any materials or information through any means that are not intentionally made available or provided through the Site.

All content included as part of the Site, including text, graphics, logos, images, designs, and the compilation thereof, as well as any software used on the Site, is the property of Industry Color LLC or its suppliers and is protected by copyright and other intellectual-property laws.

You agree to observe and abide by all copyright and other proprietary notices, legends, or restrictions contained in any such content. You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or otherwise exploit any Site content, in whole or in part, except as expressly permitted by these Terms or with prior written permission from Industry Color LLC and the applicable copyright owner.

Site content is not for resale. Your use of the Site does not grant you ownership of or any unauthorized rights to protected content. You may not remove or alter proprietary rights or attribution notices contained in any content.

You agree that you do not acquire any ownership rights in protected content. Except as expressly authorized by these Terms, we grant no licenses, express or implied, to the intellectual property of Industry Quick Print or its licensors.

Use of Communication Services

The Site may contain bulletin boards, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable communication with the public or with a group (collectively, “Communication Services”).

You agree to use Communication Services only to post, send, and receive messages and materials that are appropriate and related to the Communication Service.

By way of example, and without limitation, when using a Communication Service, you agree that you will not:

• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including privacy and publicity rights;
• Publish, post, upload, distribute, or disseminate inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information;
• Upload files containing software or other material protected by intellectual-property laws or privacy or publicity rights unless you own or control the applicable rights or have received all necessary consents;
• Upload files containing viruses, corrupted files, or other software or programs that may damage the operation of another person’s computer or device;
• Advertise or offer to sell or buy goods or services for a business purpose unless the applicable Communication Service specifically permits such activity;
• Conduct or forward surveys, contests, pyramid schemes, or chain letters;
• Download files posted by another user that you know, or reasonably should know, cannot legally be distributed in such manner;
• Falsify or delete author attributions, legal or other proper notices, or proprietary designations or labels concerning the origin or source of software or other uploaded material;
• Restrict or inhibit another user from using and enjoying the Communication Services;
• Violate any applicable code of conduct or other guidelines;
• Harvest or otherwise collect information about others, including email addresses, without their consent; or
• Violate any applicable laws or regulations.

Industry Color LLC has no obligation to monitor Communication Services. However, we reserve the right to review materials posted to Communication Services and to remove any materials in our sole discretion.

We also reserve the right to terminate your access to any or all Communication Services at any time, without notice, for any reason.

Industry Color LLC reserves the right to disclose information as necessary to satisfy applicable laws, regulations, legal processes, or governmental requests, and to edit, refuse to post, or remove any information or materials, in whole or in part, in our sole discretion.

Always use caution when providing personally identifying information about yourself or your children through any Communication Service.

Industry Color LLC does not control or endorse the content, messages, or information found in Communication Services and specifically disclaims liability with respect to Communication Services and any actions resulting from your participation in them.

Managers and hosts of Communication Services are not authorizing Industry Color LLC spokespersons, and their views do not necessarily reflect those of Industry Quick Print.

Materials uploaded to a Communication Service may be subject to posted limitations concerning use, reproduction, and/or dissemination. You are responsible for complying with those limitations when you upload materials.

Materials Provided to the Site or Posted on Industry Color LLC Web Pages

Industry Color LLC does not claim ownership of materials that you provide to the Site, including feedback and suggestions, or post, upload, input, or submit to any Industry Color LLC website or associated service (collectively, “Submissions”).

However, by posting, uploading, inputting, providing, or submitting a Submission, you grant Industry Color LLC, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses, including the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission, and to publish your name in connection with your Submission.

No compensation will be paid for the use of your Submission as permitted under these Terms.

Industry Color LLC is under no obligation to post or use any Submission you provide and may remove any Submission at any time in its sole discretion.

By providing a Submission, you represent and warrant that you own or otherwise control all rights in and to the Submission and have all rights and permissions necessary to provide, post, upload, input, or submit it.

Third-Party Accounts

You may be able to connect your Industry Quick Print account to third-party accounts or services.

By connecting your Industry Color LLC account to a third-party account, you acknowledge and agree that you consent to the sharing or release of information about you in accordance with the privacy settings and policies of those third-party services.

If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Site is controlled, operated, and administered by Industry Quick Print from offices within the United States.

If you access the Site from a location outside the United States, you are responsible for compliance with all applicable local laws.

You agree that you will not use Industry Color LLC content accessed through the Site in any country or in any manner prohibited by applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless Industry Color LLC, its officers, directors, employees, agents, affiliates, suppliers, and other third parties from and against any losses, costs, liabilities, damages, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

1. Your use of or inability to use the Site or its services;
2. Any user postings or Submissions made by you;
3. Your violation of these Terms;
4. Your violation of the rights of any third party; or
5. Your violation of any applicable law, rule, or regulation.

Industry Color LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such an event, you agree to fully cooperate with Industry Quick Print in asserting any available defenses.

Arbitration

In the event the parties are unable to resolve a dispute arising out of or relating to these Terms or any provision thereof, whether based in contract, tort, statute, or otherwise, the dispute shall be resolved by final and binding arbitration pursuant to the Federal Arbitration Act.

The arbitration shall be conducted by a single neutral arbitrator and administered by the American Arbitration Association or another arbitration service mutually selected by the parties. The arbitration shall take place at a location mutually agreed upon by the parties.

The arbitrator award shall be final and binding, and judgment may be entered upon the award in any court having jurisdiction.

To the extent permitted by applicable law, the prevailing party in any legal action, proceeding, or arbitration arising out of or relating to these Terms shall be entitled to recover its reasonable costs and attorneys’ fees.

The parties agree to arbitrate all disputes and claims relating to these Terms or arising from these Terms, whether directly or indirectly, including applicable tort claims.

The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision.

The arbitrator shall determine the scope and enforceability of this arbitration provision to the extent permitted by applicable law.

This arbitration provision shall survive the termination of these Terms.

Class Action Waiver

Any arbitration under these Terms shall take place on an individual basis. Class arbitrations and class, collective, and representative actions are not permitted to the extent permitted by applicable law.

THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, INCLUDING A PRIVATE ATTORNEY GENERAL ACTION, TO THE EXTENT SUCH WAIVER IS PERMITTED BY APPLICABLE LAW.

Unless both parties agree otherwise, the arbitrator may not consolidate the claims of more than one person and may not otherwise preside over any form of representative, collective, or class proceeding.

Disclaimer of Liability and Warranties

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.

INFORMATION MAY BE CHANGED OR UPDATED FROM TIME TO TIME. INDUSTRY QUICK PRINT AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS OR CHANGES TO THE SITE AT ANY TIME.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INDUSTRY QUICK PRINT AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE.

ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OR CONDITION OF ANY KIND, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

INDUSTRY QUICK PRINT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND ITS CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INDUSTRY QUICK PRINT AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH:

• Your use of or inability to use the Site;
• The performance or non-performance of the Site or related services;
• Any delay or inability to access or use the Site;
• The provision of or failure to provide services;
• Information, software, products, services, or related graphics obtained through the Site; or
• Any other matter relating to the use of the Site,

Whether based on contract, tort, negligence, strict liability, or any other legal theory, even if Industry Color LLC or any of its suppliers has been advised of the possibility of such damages.

Because some states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

If you are dissatisfied with any portion of the Site or with these Terms, your sole and exclusive remedy, to the maximum extent permitted by law, is to discontinue using the Site.

Termination and Access Restrictions

Industry Color LLC reserves the right, in its sole discretion, to terminate or restrict your access to the Site, related services, or any portion thereof at any time, without notice.

To the maximum extent permitted by applicable law, these Terms shall be governed by the laws of the State of Florida, without regard to its conflict-of-law principles.

Subject to the arbitration provisions above and to the maximum extent permitted by applicable law, you consent to the jurisdiction and venue of the applicable courts located in Florida for disputes arising out of or relating to your use of the Site.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including this section, to the extent permitted by applicable law.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Industry Color LLC because of these Terms or your use of the Site.

Industry Color LLC’s performance under these Terms is subject to applicable laws and legal processes. Nothing contained in these Terms limits Industry Quick Print’s right to comply with governmental, court, or law-enforcement requests or requirements relating to your use of the Site or information provided to or collected by Industry Color LLC.

If any provision of these Terms is determined to be invalid or unenforceable under applicable law, including any warranty disclaimer or limitation of liability, that provision shall be modified or replaced, to the extent permitted by law, with a valid and enforceable provision that most closely reflects the intent of the original provision. The remaining provisions shall remain in full force and effect.

Unless otherwise specified herein, these Terms constitute the entire agreement between you and Industry Color LLC concerning your use of the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, concerning the Site.

A printed version of these Terms and any notice provided electronically shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The parties expressly agree that these Terms and all related documents shall be written in English.

Changes to Terms

Industry Color LLC reserves the right, in its sole discretion, to modify or replace these Terms at any time.

The most current version of these Terms will supersede all previous versions. Industry Color LLC encourages you to periodically review these Terms to remain informed of any updates.

Your continued use of the Site following the posting of revised Terms constitutes your acceptance of the revised Terms, to the extent permitted by applicable law.

Contact Us

Industry Color welcomes questions or comments regarding these Terms.

Industry Color LLC
Correspondence
4440 PGA Blvd, Ste. 600-5069
Palm Beach Gardens, FL 33410
United States

Email: contact@industrycoloronline.com

Effective as of DATE OF WEBSITE LAUNCH