Samedayrushprinting.com User Agreement

Effective Date: January 1st, 2020

This Terms of Use Agreement (the "Agreement") governs the relationship between Samedayrushprinting.com ("we," "us," or "our") and any individual or entity ("you," "your," or "Customer") using our website, services, or products. By placing an order, you agree to these Terms. If you do not accept these Terms, you must cease using our services immediately.


1. File Preparation, Proofs, and Color Matching

All products must comply with the file preparation and file requirements outlined on our website.

  • Proofs are not refundable under any circumstance and are not provided by default. We may provide proofs at our discretion on a case-by-case basis, and proofs may extend the production time for orders.

  • Orders will not be color matched or printed to any specific color tone, hue, or density unless explicitly confirmed in your order confirmation.

  • We are not liable for color matching or ink density on screen proofs approved by the customer. Screen proofs only predict approximate layout, text content, image proportion, and placement but do not guarantee exact color tone, hue, or density.

  • If you do not request a proof at the time of ordering, you agree to accept the final product based on verbal or written descriptions provided to Samedayrushprinting.com or its representatives at the time of order.


2. IMPERFECTIONS & FLAWS

Due to the nature of our expedited production processes and rush printing methods, products—whether ordered under rush service or not—may exhibit minor imperfections such as:

  • Shifting, skewing, or warping;
  • Unaligned print or off-center cutting;
  • Slight color variations or other imperfections typical of fast production.

By placing an order, you acknowledge and accept that minor flaws or imperfections are inherent in our process, and they do not constitute grounds for cancellation, refund, or reprint unless explicitly agreed upon in writing.


3. Notice and Remedy Period

You must provide us with written notice of any issue within 24 hours and allow us 180 days to remedy the situation. If you fail to provide such notice or allow the remedy period, your claims related to the matter will be barred.


4. Right to Suspend Services

We reserve the right to suspend or cancel services or orders at any time without liability if you fail to meet your obligations under this Agreement, including timely payments, or if you engage in conduct that harms our operations.


5. Delivery, Risk of Loss, and Force Majeure

  • All delivery dates are estimates unless expressly confirmed in writing. We reserve the right to adjust timelines based on unforeseen circumstances.

  • Risk of loss passes to you once the product is transferred to the carrier. We disclaim liability for delays or damages caused by third-party carriers.

  • We are not responsible for non-performance caused by force majeure events, including but not limited to natural disasters, pandemics, labor disruptions, or government actions.


6. Indemnification

You agree to indemnify, defend, and hold harmless Samedayrushprinting.com, its owners, employees, contractors, and affiliates from all claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from:

  1. Your breach of this Agreement;
  2. Your misuse of our services or products;
  3. Third-party claims related to content you submitted for personalization.

This indemnification shall apply unless the issue arises from our gross negligence or willful misconduct.


7. Personal Guarantee for Business Orders

If you place an order on behalf of a company or organization, you personally guarantee all obligations under this Agreement. If the company fails to meet its obligations, you will assume personal responsibility for the amounts owed, including damages and legal costs.


8. Customer Representations and Warranties

By placing an order, you represent and warrant that:

  1. All content submitted for personalization is legally authorized and does not infringe on any third-party rights;
  2. You have the authority to enter into this Agreement and fulfill all obligations;
  3. You will not use our services for any unlawful purposes or in violation of applicable laws.

9. Payment Recovery and Enforcement

If you initiate a chargeback or other unauthorized payment reversal, we reserve the right to pursue all available legal remedies to recover the full amount, plus liquidated damages, attorneys' fees, and related costs.


10. Orders Exceeding $100 – Payment Requirements

  • Orders exceeding $100 must be paid via check or wire transfer.

  • At our discretion, exceptions may be made and may require:

    • Authorization forms;
    • State-issued ID verification;
    • Verification that the ID matches the payment information provided (including credit or debit card details).

11. Non-Disparagement Clause

  • You agree not to make or publish false, misleading, or defamatory statements about our business, including statements about our owners, employees, contractors, or affiliates.

  • This clause does not restrict your right to express truthful opinions based on personal experience or to engage in protected communications with regulatory authorities.

  • Breach of this provision entitles us to seek injunctive relief and damages for reputational harm, lost business, and legal fees.


12. Third-Party Reliance Disclaimer

We are not responsible for any third-party reliance on the products or services provided under this Agreement. Any representations or claims made to third parties are the sole responsibility of the customer.


13. Rules for Customized Products and Services

If any terms or conditions related to customized products or services are not specifically provided in this Agreement, the rules and requirements outlined on our website shall apply. By placing an order, you agree to comply with all policies, guidelines, and requirements detailed on our website.


14. Arbitration Option

At our discretion, we may require any matter to be resolved through binding arbitration under the American Arbitration Association’s rules. The arbitration shall take place in Delaware. Each party will bear its own costs unless the arbitrator determines otherwise. The arbitrator’s decision shall be final and enforceable in any court with jurisdiction.


15. Attorneys' Fees and Recovery of Costs

In the event of any legal action, the prevailing party shall be entitled to recover reasonable attorneys' fees, court costs, and related expenses, unless prohibited by law.


16. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware. Any legal actions or proceedings arising from this Agreement shall be resolved exclusively in the state or federal courts located in Wilmington, Delaware. The parties consent to the jurisdiction of these courts and waive any objections based on venue or forum non conveniens.


17. No Assignment

You may not assign or transfer any of your rights or obligations under this Agreement without our prior written consent. Any unauthorized assignment shall be null and void.


18. Electronic Signature and Agreement

By using our services, you agree that your electronic signature constitutes acceptance of this Agreement and forms a legally binding contract under the (local jurisdiction per section 15) Uniform Electronic Transactions Act (UETA).


19. Privacy and Data Protection Compliance

We comply with all applicable privacy laws governing data collection and use. By using our services, you consent to the processing of personal data in accordance with our [Privacy Policy]. We implement reasonable safeguards to protect your information.


20. Limitation of Liability

  • We are not liable for indirect, incidental, or consequential damages, including lost profits or business interruptions, even if foreseeable.

  • Our total liability under this Agreement shall not exceed the amount paid for the product or service at issue.


21. Modification and Waiver

No modification or waiver of any provision of this Agreement shall be binding unless agreed to in writing. Failure to enforce any provision shall not constitute a waiver of that provision.


22. Survival

All provisions that by their nature should survive termination, including indemnification, limitation of liability, governing law, and payment obligations, shall remain in full force and effect.


23. Severability

If any provision of this Agreement is found unlawful or unenforceable, the remaining provisions shall remain in effect.


24. Entire Agreement

This Agreement constitutes the entire understanding between you and Samedayrushprinting.com and supersedes all prior communications.


25. Contact Information

For inquiries, please contact:

Samedayrushprinting.com
Email: info@samedayrushprinting.com
Phone: 800.646.8304