TERMS AND CONDITIONS
A. Notice of Arbitration
THESE TERMS OF SERVICE CONTAIN AN AGREEMENT TO ARBITRATE THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY OR OTHER COURT PROCEEDINGS, INCLUDING CLASS ACTIONS OF ANY KIND.
B. Acceptance of Terms of Service
The purchase of any Products or use of our Services or the Site is governed by these Terms of Service. These Terms of Service incorporate by reference any additional terms and conditions that we post through the Site, or that we otherwise make available to you, and any reference to these “Terms of Service” includes such additional terms, as amended or modified. Your access to the Site (including through the use of crawlers, robots, browsers, data mining, or extraction tools), use of our Services, or by clicking to accept or agree to the Terms of Service when this option is made available to you, indicates Your acceptance of these Terms of Service and Your agreement to be bound by all of its provisions, including those incorporated by reference, without modification, limitation, or qualification. You will be binding yourself or Your company to these Terms of Service. You represent that You have the authority to bind Your company, if done on behalf of a company, to these Terms of Service. If You do not have such authority, You may not access our Services, or use the Site.
Incorporated Terms: Window Blindz ACP LLC Terms of service.
Print Online Application License Agreement
Window Blindz ACP LLC. Mobile and Desktop Application End-User License Agreement
C. Changes to Terms of Service
Window Blindz ACP LLC reserves the right to make modifications, alterations or updates to this Site and these Terms of Service at any time and without notice to users. You accept the affirmative obligation to periodically review whether or not these Terms of Service have changed, and Your continued use of the Site shall be deemed acceptance and agreement to be bound by such modifications, alterations or updates. However, any changes to the dispute resolution provisions included will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Site.
D. Other Eligibility Requirements
The Site is offered and available to users who are 13 years of age or older, who have parental approval or supervision, and have the legal right to use any payment cards used in connection with any transaction hereunder, and reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that You meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, you must not access or use the Site.
II. DEFINITIONS
“AAA” means the American Arbitration Association.
“Confidential Information” means information that is marked confidential and/or proprietary received or disclosed by Window Blindz ACP LLC, or You in connection with the Services. For the purposes of these Terms of Service, any offer or discounted pricing (excluding advertised, Product or Service promotions) offered to You is considered “Confidential Information” whether or not marked as confidential.
“Content” means any and all content on the Site, including without limitation, text, graphics, logos, trademarks, trade names, button icons, images, pre-designed templates, sounds, video, data, music, software, processing and other functionality, and all other material placed by Window Blindz ACP LLC.
“Device” means Window Blindz ACP LLC devices, including any and all Window Blindz ACP LLC or Supplier Hardware, Software, Content, and associated functionality.
“Disclosing Party” means the party releasing Confidential Information.
“Exclusion” means the acts and omissions identified in Section (C) of these Terms of Service.
“Window Blindz ACP LLC” or “We” means Window Blindz ACP LLC and Print Services, an operating company of Window Blindz ACP LLC.
“Incorporated Terms” means the agreements listed in Section (A) of these Terms of Service.
“Marks” means any and all service marks, trademarks, trade name, trade dress and other indicia of source used herein and otherwise by Window Blindz ACP LLC.
“Notice” means a written notice fully compliant with the requirements set forth in Section (B).
“Products” means any article or other product available for sale by Window Blindz ACP LLC.
“Receiving Party” means the party receiving Confidential Information.
“Rules” means terms and conditions, restrictions, or official rules.
“Service(s)” means, collectively or individually as the context requires, digital printing, document creation, direct mail, signs and graphics, copying, and other services offered to You by Window Blindz ACP LLC online.
“Service Failure(s)” means any loss, corruption, delay, misprint, non-print, inclusion, omission, shipment, misdelivery, misinformation, other direct or indirect damages, or failure to provide printed products, printing or shipping Services.
“Service Guide” means the applicable Window Blindz ACP LLC, as modified, amended, or supplemented.
“Site” means, collectively, the Window Blindz ACP LLC website (currently located at and all other sites, services, applications, platforms and tools where these Terms of Service appear or are linked and any successor site(s) made available by Window Blindz ACP LLC.
“Social Media Platform” means the platform or tools utilized in social networking.
“Software” means any software provided to You as a part of and/or in connection with the Services (including but not limited to the associated graphics, user interface, and scripts).
“Supplier(s)” means Window Blindz ACP LLC, affiliates, suppliers, and licensors of any Content, Software, Hardware, or other tools used in the performance of the Services.
“Terms of Service” means the terms and conditions set forth in this agreement.
“User Content” means any paper or electronic text, images, designs, trademarks, service marks, or other materials submitted by You to Window BLindz ACP LLC in connection with our Products and Services.
“You” or “Your” means any user or customer of our Products and Services.
III. TRANSACTIONS
Any use of the Service, except as permitted under these Terms of Service, by the applicable license, or by Window Blindz ACP LLC written permission, is strictly prohibited. Window Blindz ACP LLC reserves the right to reject any project or any other use of our Services, which we believe, in our sole discretion, contains objectionable or offensive material.
E. Print Services
1. ACCEPTANCE
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an order to sell. Window Blindz ACP LLC reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order. No obligation to provide Services exists between You and Window Blindz ACP LLC until Window Blindz ACP LLC exercises the authorization to charge Your credit card, and the charge is validated and accepted by Your credit card company.
2. TURN-AROUND TIMES; Depends on how many orders are made in advance by other customers. But typically 2 to 5 days lead time to be expected.
Window Blindz ACP LLC is not responsible for retaining any work not picked up by You after such 15-day period and is entitled to collect and retain payment for all work performed on Your behalf. If Applicable and you are with in our limits.
All originals must be picked up along with Your order. We are not responsible for Your order or original files, whether paper or electronic, left beyond the “ready by date”, or 15 days after You are notified that Your order is ready for pick-up.
3. SUBMISSION QUALITY
While it is our practice to offer proofs prior to production of an order, we have no obligation to proof the content or layout of Your order. Orders are completed as submitted and You are solely responsible for final approval. Certain circumstances are beyond our control and may not be subject to our satisfaction guarantee, including spelling, punctuation, or grammatical errors made by You, inferior quality or low resolution of uploaded images, design errors introduced by You in the document creation process, errors in user-selected options such as choice of finish, quantity, or product type, and damage to the Products arising after delivery to you.
We recommend that Your submission (i) meet the highest resolution and (ii) be designed and uploaded in any format Submissions. Original high quality images from modern cell phones usually work well. Screenshots DO NOT.
4. CONFIDENTIALITY
The parties will use commercially reasonable efforts to avoid the disclosure or unauthorized use of any Confidential Information. You will treat any discounted Pricing, if so provided, in Window Blindz ACP LLC sole discretion, as the Confidential Information of Window Blindz ACP LLC, and will disclose Window Blindz ACP LLC, Confidential Information only to Your employees and agents on a need to know basis.
Notwithstanding, the provisions of this Section do not apply to a Receiving Party with respect to information that: (i) was already known to the Receiving Party without restriction on use or disclosure prior to its receipt of or access to such information in connection with these Terms of Service; (ii) was or becomes generally known by the public other than by breach of these Terms of Service by, or other wrongful act of, the Receiving Party or any of its representatives; (iii) was or is received by the Receiving Party from a third party who was not or is not, at the time of such receipt, under any obligation to the Disclosing Party or any other Person to maintain the confidentiality of such information; or (iv) was or is independently developed by the Receiving Party without reference to or use of any of the Disclosing Party’s Confidential Information.
5. OUTSOURCING
Window Blindz ACP LLC is permitted to outsource the Services to third parties, unless at the time of order submission (in any event, prior to processing or production by Window Blindz ACP LLC) You identify, in writing, that certain content requires special handling.
6. SUBSTITUTIONS
Paper and other select materials are subject to change without prior notice based on actual availability or global supply chain constraints. Window Blindz ACP LLC reserves the right to substitute paper or other materials with paper or materials with similar attributes at no additional cost to Customer.
Any substitution of paper or other materials will meet Window Blindz ACP LLC rigorous quality standards. Although paper weight may be a component of any substitution analysis, a determination of quality is not based solely on paper weight, or basis weight as it is known in the industry. The “basis weight” equals the ream (500 sheet) weight of the base size. Importantly, higher values do not always equate to heavier or thicker print media. For example, an 80 lb. "text" paper is lighter and thinner than 65 lb. "cover" cardstock. Therefore, in determining whether any substitution is appropriate, we make efforts to consider not simply basis weight but also sheet bulk and density, caliper or thickness, smoothness, and whitepoint or color, among other factors.
7. ORDER CANCELLATION
Orders must be cancelled within 15 minutes of placement. Cancellation requests are not a guarantee, as our cancellation system will not allow items to be canceled once they are in process. So by calling 1 720-338-4376 if you need to cancel will be the fastest most effective way to cancel a order.
F. Other Self-Services. Devices, Etc.
1. OWNERSHIP OF CONTENT, AND INTELLECTUAL PROPERTY
By using this Device, You acknowledge and agree that Window Blindz ACP LLC Materials is the property of Window Blindz ACP LLC or its Suppliers and You have only a limited right to use such Window Blindz ACP LLC Materials. Subject to these Terms of Service, You are granted a non-exclusive, royalty-free, non-assignable, non-transferable, limited, revocable license, without the right to grant sublicenses, to access and use, within the United States, the Window Blindz ACP LLC Materials, in each case, solely to access those printing and printing related services offered, from time to time, by Window Blindz ACP LLC through the interface(s) or platform(s) presented on any Device. The access rights granted to You shall not extend to third-parties and You may not assign or otherwise transfer them, including by operation of law, without the prior written consent of Window Blindz ACP LLC.
In addition, You acknowledge and agree that the Window Blindz ACP LLC Materials are the owned or licensed property of Window Blindz ACP LLC or our Suppliers. In addition, You agree that Your use of the Window Blindz ACP LLC Materials is subject to and will at all times comply with each license agreement pursuant to which the Window Blindz ACP LLC Materials is licensed for use by end-users of such Window Blindz ACP LLC Materials (including any end-user license agreement or terms of service that You have agreed to with a Supplier which governs any claims that arise out of Your relationship with such Supplier).
You further acknowledge that the Windo Blindz ACP LLC Materials are the subject of intellectual property rights, including, without limitation, patents, copyrights, trademarks and trade secrets. Window Blindz ACP LLC and each Supplier expressly reserve all of their rights with respect to the Device. Except as expressly permitted by the owner of any such rights, You may not reproduce, redistribute, publish or otherwise transfer or commercially exploit, in whole or in part, the Device. You may view and use the Content only for Your personal use. Any use of the Content, except as specifically permitted under these Terms of Service or by Window Blindz ACP LLC written permission, is strictly prohibited.
YOUR SOLE REMEDY FOR ANY DISSATISFACTION WITH THE SEVICE IS TO STOP USING SUCH SERVICE. You agree to look to the applicable Software manufacturer for any and all remedies for damages of any nature arising out of Your access, use or inability to access or use the Software.
FILES STORED ON ANY DEVICE BY ANOTHER WINDOW BLINDZ ACP LLC CUSTOMER MAY BE THE SUBJECT OF INTELLECTUAL PROPERTY RIGHTS IN FAVOR OF SUCH OTHER FEDEX OFFICE CUSTOMER OR ANOTHER THIRD PARTY. WINDOW BLINDZ ACP LLC MAKES NO WARRANTIES WHATSOEVER AND ACCEPTS NO RESPONSIBILITY AS TO THE INFORMATION OR OTHER CONTENT OF ANY SUCH FILES, OR ANY CONSEQUENCES OF ACCESSING OR MAKING OTHER USE THEREOF.
2. TERMINATION; FUTURE SESSIONS
Window Blindz ACP LLC may in its sole discretion, terminate or suspend Your access to all or part of any Device, for any reason. These Terms of Service apply to the current session of use on the Device. Any future sessions on this or another Window Blindz ACP LLC Service shall be subject to the terms and conditions of such use set forth in any on-screen or other written agreement between Window Blindz ACP LLC and you. Window Blindz ACP LLC may modify these Terms of Service at any time prior to such future session. Nothing in these Terms of Service confer on You the exclusive right to use this or any other specific Device in the future. Any future use shall be in the sole discretion of Window Blindz ACP LLC.
3. PRIVACY & SECURITY OF PUBLIC COMPUTERS
Your personal identifiable information (for example: social security numbers, credit card numbers, user identifications, passwords and PIN numbers) and data may not be secure against unauthorized access by third parties. We cannot warrant or guarantee the security of information or data You enter on this computer or that You transmit over the Internet. By choosing to do so, You agree to assume the risk of any unauthorized third party access.
You are solely responsible for protecting Your personal identifiable information and data. For Your protection, delete all files saved during Your work session. We also recommend that You do not use this public machine to visit Internet sites that contain or require You to input personal identifiable information.
Internet access will make available an abundance of information from the internet and it is each user's responsibility to exercise discretion with the information accessed and to determine and abide by all restrictions placed by the provider on its use. Some materials available on the internet may be considered offensive or inappropriate. Window Blindz ACP LLC has no control over the content of material available on the internet and disclaims any responsibility for the content of the material accessed.
WITHOUT LIMITATION OF ANY OTHER PROHIBITED USE DESCRIBED IN THESE TERMS OF SERVICE, DURING YOUR USE OF Window Blindz ACP LLC SERVICES, YOU ARE EXPRESSLY PROHIBITED FROM SENDING, RECEIVING OR ACCESSING PATENTLY OFFENSIVE MATERIAL. Window Blindz ACP LLC RESERVES THE RIGHT TO REFUSE SERVICE TO ANYONE FOR INAPPROPRIATE USE.
4. SAVING & DELETING FILES
Any files You load, create or save on the Device’s temporary storage or permanent storage drive may not be automatically deleted upon the termination of Your use of Device. You acknowledge that You are responsible for removing and deleting any and all of Your files, and You agree to delete all such files prior to the termination of Your use of the Device. Also, You grant to Window Blindz ACP LLC the right and license to delete and remove any of Your files which are not removed prior to the termination of Your use. WHILE WINDOW BLINDZ ACP LLC WILL USE COMMERCIALLY REASONABLE EFFORTS TO DELETE YOUR FILES AT THE END OF EACH DAY, WINDOW BLINDZ ACP LLC IS NOT RESPONSIBLE IF ANY USER OF THIS DEVICE DEVICES, ACCESSES, COPIES, DISTRIBUTES OR OTHERWISE MAKES ANY USE OF ANY FILES CREATED OR SAVED BY YOU.
5. U.S. GOVERNMENT RESTRICTED RIGHTS
Use, duplication or disclosure of the Software by the government is subject to restrictions as set forth in subparagraph (c)(1)(ii) (or any successor paragraphs) of the Rights in Technical Data and Device Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Device Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
G. Other Services
1. CUSTOM DESIGN SERVICES
Certain markets may offer the opportunity to engage with design professionals and create custom products. By using these Services, You agree that You are solely responsible for any and all User Content. You represent and warrant that You own or otherwise possess all necessary rights with respect to the User Content and that such User Content does not infringe, misappropriate, use, or otherwise violate any intellectual property right of any third party. You also grant Window Blindz ACP LLC a fully-paid, worldwide, non-exclusive right and license to use the User Content for the purpose of providing such Services. You will retain all rights, title, and interest in and to all User Content. Notwithstanding, we will own all title and interest in and to the final designed product. Upon full payment.
2.
You agree: (i) to comply with Regulations regarding unsolicited transmissions when using our Services; (ii) not to use our Services for illegal purposes, including but not limited to distribution of unsolicited facsimile advertisements; (iii) not to use our Services to infringe any third party’s copyright, patent, trademark, trade secret, or other proprietary rights of publicity or privacy; and (iv) not to transmit any unlawful, harassing, libelous, threatening, vulgar, obscene, or otherwise objectionable material. Window Blindz ACP LLC or its representatives may use filters and other technologies and procedures to terminate unsolicited advertisements without delivering them.
3. DIRECT MAIL SERVICES
Mailing lists will be processed through an address cleansing program for Coding Accuracy Support System (addresses standardization and physical address confirmation) and NCOA (National Change of Address updates submitted to the USPS) to assess whether the mailing address is formatted correctly and any address changes on file with the United States Postal Service (USPS) are accounted for and updated to the mailing list for delivery with the USPS. Notwithstanding, You are solely responsible for the addresses in Your existing mailing list(s) to be used for production. The quality of the cleansing processes will depend on the quality of Your mailing list.
The USPS ultimately determines what is considered a deliverable address by postal standards and will allow their letter carriers to make the final determination. Delivery is based on the postage class and service level, coupled with their ability to verify a true deliverable address to the intended recipient(s). Window Blindz ACP LLC will bear the risk of loss or damage to the mailers until delivered to and accepted by the USPS or other shipping entity. Once Window Blindz ACP LLC releases Your mail to the USPS or other shipping entity / carrier service, Window Blindz ACP LLC will no longer have custody and responsibility ends.
Program pricing may change due to variances in Window Blindz ACP LLC costs or expenses of materials or outsourced services, including, without limitation, paper stock or substrate, postage, delivery or freight and/or fuel. In all instances, postage quoted is only an estimate and will be billed to You at the actual cost as dictated by the USPS or other shipping entinty / carrier service. Tax will be added to the invoice, as applicable and determined by law.
COPYRIGHT
A. Use of User Content
Window Blindz ACP LLC takes no ownership in any User Content for performance of the Services, including without limitation copy or print. Window Blindz ACP LLC retains its rights in and to the Content that is present on the Site or that may be created and/or supplied by or for Window BlindzACP LLC.
You represent and warrant Your use of the User Content, and such use of the User Content by Window Blindz ACP LLC in the performance of the Services, does not and will not violate or infringe the rights of any other person (including copyright, moral rights, and other intellectual property rights and privacy and personality rights) or any applicable laws, and that You have all the rights necessary to grant all access, licenses, and use rights set forth above. Our acceptance of any User Content in performance of the Services does not create any obligation for Window Blindz ACP LLC to preserve or retain such User Content, and Window Blindz ACP LLC may, at any time, in its sole discretion and without prior notice to you, delete any such User Content.
You grant to Window Blindz ACP LLC a non-exclusive, royalty-free, perpetual, irrevocable, unrestricted, world-wide right and license to access, use, copy, reproduce, distribute, transmit, display, modify, adapt, publish, translate, create derivative works from, and otherwise use, any User Content or other content that You provide to Window Blindz ACP LLC in Your use of the Services, including, without limitation, any that You access from the Social Media Platform, as needed in connection with the performance of the Services.
To the maximum extent permitted by applicable law, You hereby indemnify Window Blindz ACP LLC and all of its affiliates, officers, directors, managers, employees, agents, and contractors of Window Blindz ACL LLC or any such affiliate, from and against all claims, litigation, proceedings, damages, losses, liabilities, penalties, costs, expenses (including, without limitation reasonable attorneys’ and defense costs) related to or arising from any processing of any User Content that You submit in connection with our Services, or that You give Window Blindz ACP LLC for copying or printing, whether or not You or we are negligent (whether contributorily or comparatively negligent), or found willful.
B. Copyright Infringement Procedure
If You believe in good faith that Your work has been posted to our Site or copied in a way that constitutes copyright infringement, please provide Window Blindz ACP LLC with the written information specified below. Please note that this procedure is exclusively for notifying Window Blindz ACP LLC that Your copyrighted material has been infringed. Window Blindz ACP LLC does not and will not make any legal decisions about the validity of Your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, Window Blindz ACP LLC may respond, in its sole discretion, by either taking down the allegedly infringing content or blocking access to it. Window Blindz ACP LLC may contact the notice provider to request additional information.
We reserve the right to ignore a notice that is not in compliance with the requirements set forth below.
Notice must:
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Identify yourself, including, name, address, email address, and phone number where we can contact you;
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Identify the date (if known) and the Site or store location where the copyrighted work(s) may have been infringed;
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Identify specifically the copyrighted work(s) believed to have been infringed (i.e. include description and screenshots for identification purposes);
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Identify the content that a copyright owner claims is infringing upon copyrighted work;
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Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed";
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Be signed; and
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Be sent to the following email address: WindowBlindzacp@Outlook.com.
ANYONE MAKING A FALSE OR FRAUDULENT NOTICE OR COUNTER-NOTICE MAY BE LIABLE FOR DAMAGES UNDER APPLICABLE LAW, INCLUDING COSTS AND ATTORNEYS’ FEES. ANY PERSON WHO IS UNSURE OF WHETHER CERTAIN MATERIAL INFRINGES A COPYRIGHT HELD BY SUCH PERSON OR A THIRD PARTY SHOULD CONTACT AN ATTORNEY. Window Blindz And Custom Prints LLC Does Not check Copyrighted Materials, Logos, Trademarked or any Licensed Materials. And by using this site you are telling Us / Window Blindz And Customs Prints LLC that you are the sole owner and or have rights and permissions to any and all materials that may be uploaded or printed on and through Window Blindz And Custom Prints LLC's WebSite. And release Window Blindz And Custom Prints and any third parties / Entities and Affiliates from any wrong doing and liabilities.