FreePrinters.com Terms of Use

FREEPRINTERS.COM, INC. TERMS OF USE

IN NO EVENT SHALL FREEPRINTERS.COM, INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FREEPRINTERS.COM, INC. SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE FREEPRINTERS.COM, INC. SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES OBTAINED THROUGH THE FREEPRINTERS.COM, INC. SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE FREEPRINTERS.COM, INC. SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FREEPRINTERS.COM, INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW 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 FREEPRINTERS.COM, INC. SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FREEPRINTERS.COM, INC. SITES/SERVICES.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the FREEPRINTERS.COM, INC. Web Sites are: Copyright (c) 2003 FreePrinters.com, Inc. Corporation and/or its suppliers, 4901 Harbor Ct, Flower Mound, Texas 75022, U.S.A. All rights reserved.

TRADEMARKS. FreePrinters.com, Inc., and/or other FreePrinters.com, Inc. products and services referenced herein may also be either trademarks or registered trademarks of FreePrinters.com, Inc. in the United States. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

GENERAL

Claims for enforcement, breach or violation of duties or rights under this agreement shall be adjudicated under the laws of the State of Texas, without reference to conflict of laws principles. All other claims, including without limitation claims under or for violation of state consumer protection laws, unfair competition laws, and in tort, shall be adjudicated under the law of your state of residence. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, U.S.A. in all disputes arising out of or relating to the use of the FREEPRINTERS.COM, INC. Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FreePrinters.com, Inc. as a result of this agreement or use of the FREEPRINTERS.COM, INC. Sites/Services. You agree to indemnify and hold FreePrinters.com, Inc., its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the FREEPRINTERS.COM, INC. Sites/Services. FreePrinters.com, Inc. reserves the right to disclose any personal information about you or your use of the FREEPRINTERS.COM, INC. Sites/Services, including its contents, without your prior permission if FreePrinters.com, Inc. has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of FreePrinters.com, Inc. or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. FreePrinters.com, Inc.'s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FreePrinters.com, Inc.'s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the FREEPRINTERS.COM, INC. Sites/Services or information provided to or gathered by FreePrinters.com, Inc. with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FreePrinters.com, Inc. with respect to the FREEPRINTERS.COM, INC. Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FreePrinters.com, Inc. with respect to the FREEPRINTERS.COM, INC. Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

YOUR OBLIGATIONS AND CONDUCT

In consideration of Your use of the Website, You agree to: (a) provide accurate, current, and complete information about You as may be prompted by a registration form on the Website (the "Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information You provide to FreePrinters.com, Inc., to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Website.

You are entirely responsible for all Content that You upload, post or otherwise transmit via the Website. You agree not to upload, post or otherwise transmit via the Website Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to FreePrinters.com, Inc. or other users of the Website; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; or (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. FreePrinters.com, Inc. reserves the right to edit or remove Content that violates these Terms or that contains third-party commercial advertisements.

You agree that You will not use the Website to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be FreePrinters.com, Inc. or someone else, or spoof FreePrinters.com, Inc.'s or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Services; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Website; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.

CONTENT PROVIDED VIA LINKS

You may find links to other Internet sites or resources on the Website. You acknowledge and agree that FreePrinters.com, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. FreePrinters.com, Inc. will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

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Xerox®, Phaser®, Colorstix®, 8200™, 8200/B™, 8200/DP™, 8400™, 8400/B™ and 8400/DP™ are trademarks of Xerox Corporation. Lexmark® and C912™ are trademarks of Lexmark International. FreePrinters.com is an authorized reseller of Lexmark International. Media Sciences, Inc., Cadapult Graphic Systems, Inc. and Freeprinters.com are not in any way affiliated with Xerox Corporation, nor does Xerox Corporation endorse any product or service of Media Science, Inc., Cadapult Graphic Systems, Inc., or FreePrinters.com, Inc.