Terms of Use & Conditions

Last updated: February 1, 2015

These terms of use and conditions (“Terms”) constitute a valid, binding agreement (“User Agreement”) between you (“User”) and all domains owned and maintained by The Watermark Group (the “Site”).

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING ANY OF THE SERVICES OR CONTENT AVAILABLE THROUGH THE SITE OR OTHERWISE USING THE SITE. YOUR USE OF THIS SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS USER AGREEMENT AND ITS TERMS, AS IT MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS ANY OF THE CONTENT FOR SERVICES AVAILABLE THROUGH THE SITE, OR OTHERWISE USE THE SITE.

Use of Site

Your use of the Site is at the sole discretion of The Watermark Group. We reserve the right to deny your further use of the Site at any time, for any reason, with or without cause. Your use of the Site is at all times subject to these Terms, which hereby incorporate by reference our Privacy Policy and all other operating rules or policies that may be published on the Site from time to time. You should review these Terms frequently, as they may be amended at any time, without notice to you, by posting the changes on the Site. The amended Terms shall be effective once posted for the method of amending stated in this paragraph, this agreement may not be otherwise amended. Your subsequent use of the Site constitutes your acceptance of any amendments to this User Agreement. Your use of the Site must always comply with applicable law. You agree not to use the Site to:

(a)       Post, upload, email or otherwise transmit (or allow to be posted, uploaded, emailed or otherwise transmitted) any content that is unlawful, defamatory, libelous, vulgar, obscene, tortuous, abusive, hateful, harassing, invasive of another’s privacy, or otherwise objectionable

(b)       Post, upload, email or otherwise transmit (or allow to be posted, uploaded, emailed or otherwise transmitted) any content that contains software viruses or any other computer code, files or programs designed or intended to interrupt, destroy, or damage the functionality of any other computer, computer software, hardware, or network;

(c)       Post, upload, email or otherwise transmit (or allow to be posted, uploaded, emailed or otherwise transmitted) any content that violates the proprietary rights of another party, including but not limited to patents, trademarks, copyrights, or trade secrets;

(d)       Impersonate any other person, entity, or organization, or otherwise misrepresent your identity or affiliation with any other person, organization or entity.


Right of Refusal

The Watermark Group reserves the right to refuse service or products to any person or organization. We reserve the right to review your use of the Site, and to remove any materials that The Watermark Group believes, in its sole opinion, are illegal or otherwise objectionable. The Watermark Group also reserves the right, in its sole discretion, to suspend your use of the Site due to illegal or otherwise objectionable materials, or any other reason and without notice to you. The Watermark Group has no obligation to monitor your use of the Site.

Limitation of Liability

In no event will The Watermark Group, its parents, affiliate, agents, officers, directors, employees, suppliers or other third parties mentioned on this Site, be liable for any damages resulting from or arising out of your use or inability to use this Site. This Site may provide links to other third party vendor websites. The Watermark Group shall in no way be responsible for the availability of such external sites, and does not endorse and is not liable for any content, advertising, products, or other materials on or available from such sites. You further agree that The Watermark Group shall not be liable for any damages, loss, claim, expenses, fees, attorney fees, or consequential damages arising out of your use, inability to use, or reliance on any content, goods or services available on or through this Site or any third party vendor’s site(s).

The Watermark Group disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and any implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, merchantability of computer programs and informational content.

Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

No advice or information, whether oral or written, obtained by you from The Watermark Group, its parents, affiliates, agents, officers, directors, employees, and/or through or from this Site shall create any warranty not expressly stated in this User Agreement.

The Watermark Group does not and cannot guarantee that the files available for downloading from this Site or third party vendor websites will be free from spyware, malware, infection, viruses, worms, Trojan horses, or other codes that harbor or manifest contaminating or destructive properties.

The Watermark Group is NOT LIABLE for errors in final product caused by any of the following reasons in client supplied files: Misspelling, Graphics, Bleeds, Grammar, Damaged Fonts, Punctuation, Wrong cuts, Incorrect cuts, Incorrect or missing folds, finished product size.

The user agrees that the shipping terms for all printed products are FOB shipping point and ownership transfers to the customer upon shipment. This means the risk of loss and title for such items pass to you upon delivery to the carrier. For any product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such product shall be deemed to have occurred either (a) at the time we transmit the product via email or other electronic communication addressed to the customer or (b) at the time we transmit a notification to the customer that the product is available for download at the site.

Refund Statement

Fees for printing can be refunded if your order has not yet printed. If your order has not been mailed (delivered to and accepted by the US Post Office or 3rd party carrier) postage, freight and any processing fees can be refunded. Liability shall be limited to the price of any orders and shall, in no event, include any lost profits, goodwill or other special or consequential damages of customers.

Indemnification

You shall indemnify and hold harmless The Watermark Group, its parents, affiliates, subsidiaries, officers, directors, shareholders, employees, agents and attorneys from and against any and all losses, damages, judgments, fines, penalties, actions, suits, proceedings, losses, costs and expenses (including reasonable attorneys’ and experts’ fees and court costs) arising out of or in connection with your use of this Site by you and by any person who uses this Site while logged on using your account, your content and information, your default under any provision in this User Agreement, and your violation of any laws or violation of any rights of another person.

Use Restrictions

The Site provides print and mail and fulfillment services (the “Services”) that allow Users to create, print and mail and ship documents via the Internet. You are solely responsible for and assume all liability arising from all correspondence that you and any other person using your account design, create, print and/or mail/ship using the Services.

When you use the Services in any way, you agree to comply at all times with all applicable federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity. Your correspondence will be mailed by the U.S. Postal Service, which may take action against you if it believes that mailing the correspondence violates any U.S. law.

You acknowledge that it is a violation of law and that you may be charged with a crime if any mail piece created or mailed by you contains: (i) child pornography or anything that is obscene, lewd, or indecent; (ii) a threat to kidnap or injure a person, a threat to injure the property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any other communication in preparation for or in furtherance of any crime.

You may not place or reproduce trademarks, service marks, or logos that are not owned by you or licensed to you onto materials and merchandise to be printed via The Watermark Group. Words, names and designs used to identify services or products are considered trademarks, service marks and/or logos. The same policy is applicable for copyrights. You cannot use unlicensed copyright materials from photographers, artists, publishers, composers, writers, and other authors of original works. The copyright owner’s exclusive rights prohibit the reproduction of any original work.

You acknowledge that The Watermark Group does not pre-screen content, but that The Watermark Group and its affiliates shall have the right (but not obligation) in their sole discretion to remove any content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that The Watermark Group may preserve content and may also disclose content if so required by law, or in the good faith belief that preservation and/or disclosure is or may be reasonably necessary to (a) comply with the legal process (b) enforce the terms of service (c) respond to claims that the content violates the rights of third parties or (d) protect the rights, property, or personal safety of The Watermark Group, its users or the public.

Your Information and Content

You represent and warrant that all information you provide to us about yourself during the registration process will be true, accurate, current and complete, and you will promptly update your information to keep it true, accurate, current and complete at all times.

All information, data, text, photographs, graphics, messages or other materials (“Content”) you upload, post or create using this Site is solely your responsibility. You must evaluate and bear all risks associated with the use of any of your Content, including the accuracy, completeness, or usefulness of the Content. We are merely a conduit for your online composition, creation, printing, and mailing of your Content.

You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account.

Proprietary Rights

You agree that this Site contains proprietary information that is protected by applicable intellectual property and other laws. You further agree that the information presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Watermark Group or by the copyright owner of the contents offered through the Site, as applicable, you agree not to modify, rent, sell, distribute or create derivative works based on this Site, in whole or in part.

Notice

Notices may be given by you only by certified mail, return receipt requested. Notices may be given by The Watermark Group either by email, certified mail, return receipt requested or regular mail. Notice via e-mail by The Watermark Group is deemed given immediately upon an email being sent, whether your e-mail address is valid or not. Notice via regular mail by The Watermark Group will be deemed given three (3) days after the date of mailing. Notice via certified mail, return receipt requested is deemed delivered upon the earlier of actual receipt or the date of first notice provided by the USPO. This Site may also provide notices of changes to the User Agreement or other matters by displaying notices or links to notices on the Site.

General Information

This User Agreement constitutes the entire agreement between you and The Watermark Group and governs your use of this Site. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement. You also may be subject to additional terms and conditions that apply when you use a third-party website.

This User Agreement will be governed by the laws of the State of Texas without regard to its conflict of law provisions. Exclusive venue for any action concerning or involving this Site must be brought in State District Court in Bexar County, Texas. The failure of a party to exercise or enforce any right or provision of this User Agreement will not constitute a waiver of such right or provision. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Contact Information

The Watermark Group
4271 Gate Crest
San Antonio, Texas 78217
support@thewatermarkgroup.com