Terms of Use & Conditions

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Terms & Conditions

 

Last Modified: July 6, 2017

1. Acceptance of the Terms & Conditions

Welcome to the website of Printwatermark.com (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms & Conditions”), govern your access to and use of <Printwatermark.com>, including any content, functionality and services offered on or through Printwatermark.com (the “Website”), whether as a guest or a registered user.

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE YOU START TO USE THE WEBSITE. BY USING THE WEBSITE OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS & CONDITIONS WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS & CONDITIONS AND OUR PRIVACY POLICY, FOUND HERE; PRIVACY POLICY., INCORPORATED HEREIN BY REFERENCE. IF YOU (OR THE BUSINESS ENTITY WHOM YOU REPRESENT OR ARE ACTING ON BEHALF) HAVE A SEPARATE AGREEMENT WITH THE COMPANY, THE TERMS OF THAT SEPARATE AGREEMENT SHALL GOVERN TO THE EXTENT THEY ARE INCONSISTENT WITH OR OTHERWISE CONFLICT WITH ANY OF THESE TERMS & CONDITIONS. IF YOU DO NOT WANT TO AGREE TO THESE TERMS & CONDITIONS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. Changes to the Terms & Conditions

We may revise and update these Terms & Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You are not permitted to use fax or disconnected numbers as a telephone number. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy., and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms & Conditions.

4. Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any information displayed on the Website, through the use of framing or otherwise, except as expressly permitted by these Terms & Conditions. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials, and (ii) you may store files that are automatically cached by your Web browser for display enhancement purposes.

You must not:

  • Modify copies of any materials from this site;
  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

 

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms & Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark and other laws.

The Company name, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

5. Use of the Website

You are granted permission to access and use the Website, its services, and its content for the sole purpose of preparing and ordering materials to be printed by the Company (referred to herein as “Services”).

You agree to use this Website in a responsible manner that is in full compliance with these Terms & Conditions and with your local laws and regulations. Without limitation, this Website may not be used for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Website to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. The Company may terminate its service to customers found to be using the Website to engage in undesirable activities.

You may only use this Website to make legitimate orders to purchase the Services offered and shall not use this Website to make any speculative, false or fraudulent orders. You may not use robots or other automated means to access this Website, unless specifically permitted by the Company. It is a violation of law to place an order 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 are solely responsible for your use of any images, graphics, text or other content you incorporate into your print orders (the “Products”) through the Website. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Website, you warrant that you have all necessary permission, right and authority to place the order and you authorize the Company to produce the Products on your behalf. You grant the Company the right to copy, modify, create derivative works and vectorize any uploaded content (i.e., content you have uploaded) for the purpose of fulfilling your order. Moreover, you warrant that you have sufficient rights to permit the Company to copy, modify, create derivative works and vectorize any uploaded content for the purpose of fulfilling your order.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Accessing or using the Website for competitive purposes.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms & Conditions.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

6. Monitoring and Enforcement; Termination

We retain the right to disclose your identity or other information about you to any third party who claims that material uploaded by you violates their rights, including their intellectual property rights or their right to privacy. We may take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. We may also terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms & Conditions.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

7. Copyright Policy

If you believe your copyrighted work has been copied in a way that constitutes copyright infringement, you must provide us with all the information requested below. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C Section 512(c)(3)(A).

We require the following information from you:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
  • Identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Any notification that fails to comply with the above requirements shall not be considered to either provide the Company with actual knowledge of infringement or make the Company aware of facts or circumstances from which infringing material or acts are apparent.

Pursuant to 37 C.F.R. § 201.38, the Company’s agent for notice of claims of copyright infringement on its Website can be reached as follows:

Legal Department

The Watermark Group

4271 Gate Crest

San Antonio, Texas 78217

legal@thewatermarkgroup.com

8. Order Terms and Conditions

Payment

All prices and amounts shown on this Website are in U.S. Dollars (USD), unless otherwise noted. All prices set forth on the Website 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 you and the Company.

If you submit an order on the Website to purchase Services, you agree that all charges, taxes and shipping/handling fees will automatically be charged to you credit card or paid by you with an approved payment method.

Production of all items will not begin until an order is fully paid, including shipping and handling fees, if applicable except where the Company has extended invoice payment terms (e.g. net 30) with you prior to placing an order. If you have previously arranged invoice payment terms with the Company, you are required to provide payment in accordance with the terms on your invoice.

Once you have approved the print file(s) associated with your order, 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.

Return & Refund Policy

Since each order is unique to customer and has no re-sale value, ALL SALES ARE FINAL. If we verify that we made an error, we will re-print the order. NO REFUNDS OR CREDIT.

You must notify us within 6 business days of your order acceptance of any defects discovered in the ordered product. In order to receive replacement, you must return 100% of the received product within 15 calendar days (on your own expense) from the time when the ordered product delivery was taken.

All charges related to expedited printing (Rush Printing or Shipping) are NOT REFUNDABLE, including for those orders that are returned for any reason. All orders that are being returned must be shipped by you at your own expense.

Our Sales Tax Policy

The prices for our Products and Services do not include sales tax. However, the charges for printing and related services are subject to the Texas sales and use tax. Accordingly, we intend to impose a separately-stated charge for Texas sales tax on all of our printing and related charges, unless we receive a fully-completed exemption or resale certificate from you. We reserve the right to reject claims of exemption or resale if it appears from your circumstances or certificate that the claim of exemption is invalid.

Proofs

If requested, an online proof will be available for your review after we have received your files for print. Actual time will vary depending on our current workload. Jobs with proof requests will not be sent to press without your approval unless the proof approval is explicitly waived. It is your responsibility to log in to your account and check on your proof. We are not liable for delays in the order caused by non-approval of the proof.

An online proof is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops, and final text. Electronic proofs do not show transparency and over-print issues. Nor do they show color change from RGB or Pantone to CMYK.

The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation, or image placement. You are fully responsible for all that is contained in the final approved proof.

We offer hard-copy proofs that show reasonable likeness to the final printed pieces. Such proofs are recommended for color-critical art and you must request them at the time the print order is made. Hard-copy proofs are printed on a substrate different from the actual paper stock and while its main purpose is to show color, variations may occur depending on the finish selected (AQ, matte, UV) for the final print job. We do not offer hard copy proofs for art that would be printed on uncoated paper.

The request for a hard copy proof may involve an additional fee and would extend the amount of time needed to complete the job. For orders where a hard copy proof has been requested, the approval must be received by us on or before our published cut-off times. We will make every effort to match colors in production when a hard copy proof is requested. However, it is your responsibility to determine if you need a hard copy proof with your print order.

Order Cancellation

We will be happy to help you cancel your order prior to approval. However, orders may be eligible for cancellation only upon request via email. Our Support Team will inform you of any cancellation charges depending on the stage of the order.

If a job is canceled, any labor hours (proofs, graphic design work, etc.) or administrative fees (credit cards fees, etc.) will be subtracted from your refund. The minimum is $15 (15%-30% of the total transaction).

Orders on hold due to file or payment issues will be canceled by us if no response is received from you within two weeks. Charged orders that have been canceled due to no response will be subject to a cancellation fee, as stated above.

All work and Services rendered to you remains our property until you have paid for it in full and discharged all other debts you owe to us. If you misuse our service(s) in any way, we reserve the right to contact the parties responsible for the misuse, and demand the cost for the service(s).

Color Accuracy

We will reproduce color from submitted print-ready files as closely as possible, but we cannot exactly match color and density. 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 us, 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

We are 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
  • Incorrect dimensions
  • Duplicate orders submitted by you
  • Incorrect files uploaded
  • Incorrect file orientation
  • Cracking on folds
  • Cutting variances
  • Incorrect or undeliverable shipping address
  • Damage to products after delivery

You are responsible for reviewing your files and correcting any issues prior to placing the order.

Over-print and Under-print Policy

Due to the production methods that we use, we cannot guarantee that every order will be the exact number of copies ordered. We can only guarantee that the order will come within plus or minus 10% of the number of copies ordered. Although rare, in the event of an under run, we will either refund or give you store credit for the amount of pieces we were “short” if over 10% of the order quantity.

Artwork Files

Although we will check 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 them to us. We are not responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By submitting the artwork to us, you certify that you have the right to use the image(s) in your artwork files. Do not send any “one-of-kind” prints or artwork. Although we take every precaution to safeguard your materials, we are not responsible for loss or damage of images or artwork.

Under these Terms & Conditions, 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.

You may also provide artwork design tools that 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 of the Website may use the same design tools to create images that may have similar or identical combinations of these elements. We provide no warranty of any kind that artwork created using our design tool will not infringe, or be subject to a claim of infringement, 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. We are 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 that has been inactive for an extended period of time, or for any other reason, without prior notice.

All materials we create in producing your printed product are the property of the Company. Although these materials will not be sold or provided 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.

Printing Turnaround Time

Printing turnaround time begins after we have received your print-ready files, approval for your proof, and full payment for your order. If you have chosen to waive your proof approval, printing turnaround time begins after we have received your print-ready files and full payment for your order. For orders that do not have complete digital source files, or have files that are not print-ready, printing turnaround time will begin after we receive acceptable print-ready files regardless of when payment was made.

Orders must be paid, print-ready files received, and proofs approved by 5:00 P.M. CST (6:00 P.M. EST) for printing turnaround time to begin the next business day. For example, an order for two-day printing turnaround that you submitted at 3:00 P.M. CST (4:00 P.M. EST) and approved by 5:00 P.M. CST (6:00 P.M. EST) on Tuesday will be shipped out of our facility by end of business Thursday. If you approve a proof on your next-day turnaround order by 5:00 P.M. CST (8:00 P.M. EST) on Tuesday, it will be sent out of our facility by Wednesday end of business day. Please note that there is no production or shipping on Saturdays, Sundays and holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, while printing turnaround time includes printing, cutting, and binding, it does not include design, mailing, or shipping transit times. You should allow additional business days for delivery based on the shipping method you selected. The estimated printing turnaround time advertised on this site is based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays and holidays.

Shipping

Unless you choose pick-up service, you need to select one of the shipping methods presented to you on the Website. All shipping may be done using FedEx, UPS, or other freight carriers. We reserve 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.

Our responsibility is limited to preparing your printing order and turning it over to the carrier for shipping. Shipping terms for orders are Free on Board shipping point or F.O.B. shipping point, which means that title and risk of loss transfers to you at the time of shipping or pick up. Shipping transit times vary, and we assume 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.

We are not liable for damages that occur during shipping. Pick-up orders will be kept for 30 days from the send date of the pick-up notification email. If the order has not been picked up from our facility within 30 days, it will be recycled. We reserve the right to modify the shipping option selected by you and retain any related difference in charges between shipping options, where we complete 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 section below).

Target Arrival

Target arrival dates are calculated by adding the printing turnaround time to the shipping transit time. Both printing and shipping times are based on business days only and do not include weekends or holidays.

For example, a product with a printing turnaround time of two business days and a shipping method of two-day service would have a target arrival date of four business days after your files have been sent to production.

The cut off time for accepting files is 5:00 P.M. CST (6:00 P.M. EST). If we receive print-ready files, proof approval, full payment and have successfully validated your delivery address by that time, we will commit to printing and shipping your product within the selected timeframe.

If you have requested a hardcopy proof, you will need to factor in approximately six business days to receive and approve your proof. For next-day hardcopy proof, you will need to factor in an additional two business days. Please understand that target arrival dates are estimates, not guarantees. We assume no responsibility for delays caused by shipping carriers, weather, the breakdown of equipment, illness, etc.

9. Changes to the Website

 

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

10. Information About You and Your Visits to the Website

 

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

11. Geographic Restrictions

 

The Company administers and operates the Website from its location in San Antonio, Texas, USA. Although the Website is accessible worldwide, not all features, Products or Services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. The Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

12. Disclaimer of Warranties

 

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. Limitation on Liability

 

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Website, including, but not limited to, your submission, any use of the Website’s content, Services and products other than as expressly authorized in these Terms & Conditions or your use of any information obtained from the Website.

15. Governing Law and Jurisdiction

All matters relating to the Website and these Terms & Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms & Conditions or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of San Antonio and County of Bexar, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms & Conditions in your country of residence or any other relevant country] You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Limitation on Time to File Claims

 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. General Provisions

 

No waiver of by the Company of any term or condition set forth in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect. • The Terms & Conditions and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website. • Any notice given or made under the Terms & Conditions must be in writing. A notice served on the Company will be addressed as provided in Section 7 and on any Website user at the address stated in the user’s order for goods or services, and if so addressed, will be deemed to have been duly given or made as follows: if sent by personal delivery, upon delivery at the address of the relevant party; or if sent by first class post, two business days after the date of posting. This Section will not apply in relation to the formal service of any court documentation or other document arising in connection with any disputes under the Terms & Conditions. • Information on this Website may contain technical inaccuracies or typographical errors. We attempt to make our descriptions as accurate as possible but do not warrant that the content of the Website is accurate, complete, reliable, current, or error-free. • Because public networks, such as the Internet, occasionally experience disruptions, the Company cannot guarantee the Website will be available 100% of the time. Although we strive to provide the most reliable Website possible, interruptions and delays in accessing the Website are unavoidable, and we disclaim any liability for damages resulting from such problems. • All sections and section headings are for convenience of reference only and shall not affect the interpretation of the Terms & Conditions. • The Company reserves the right to make changes from time to time to the nature of and/or the way in which it provides services under contracts with its customers and Website users and, in consequence, to make variations and amendments to these Terms & Conditions. Customers who use the Company’s services on a regular basis should check the relevant links regularly before placing orders.

18. Your Comments and Concerns

This website is operated by The Watermark Group, 4271 Gate Crest, San Antonio, Texas 78217.

All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in Section 7 in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to support@thewatermarkgroup.com.

Thank you for visiting the Website.