LCIPaper.com Terms of Service Agreement
This Terms of Service Agreement describes the terms and conditions that shall govern the use of and the products (the “Products”) and services (the “Services”) to be provided by LCI Paper to its customers. All content of this Internet site (the “Site”) is owned or controlled by LCI Paper and is protected by copyright law. The products, technology or processes described in this Site may be the subject of other intellectual property rights reserved by LCI Paper, or its affiliates, or other third parties. No license is granted with respect to those intellectual property rights.
By visiting LCIPaper.com you are acknowledging and agreeing to accept the terms and conditions described in this Terms of Service Agreement.
1. CUSTOMERS.
The individual using LCIPaper.com (the “Customer”) hereby warrants and represents that he/she is the individual providing or is authorized by such individual to provide all of the information requested by LCI Paper, including but not limited to, credit card information and all other information requested on the Site.
2. TERMINATION OF A TRANSACTION.
The Customer hereby agrees and acknowledges that LCI Paper has the right, in its sole and absolute discretion to terminate any transaction within thirty (30) days, in the event that the Customer: (i) has breached this Terms of Service Agreement; (ii) is found by conviction, settlement, insurance or escrow investigation, or otherwise, to have engaged in fraudulent activity in connection with this Site; or (iii) LCI Paper is unable to verify or authenticate any information provided by the Customer.
3. MODIFICATION/AMENDMENT.
The terms and conditions of this Terms of Service Agreement may be amended, supplemented and modified at any time by LCI Paper, in its sole and absolute discretion. If this Terms of Service Agreement changes, we will post such changes on LCIPaper.com. The Customer is encouraged to review this Terms of Service Agreement periodically.
4. VIOLATION OF THE RULES.
The Customer hereby acknowledges and agrees that LCI Paper, in its sole and absolute discretion, may issue a warning, revoke, suspend or terminate Customer’s use of the Services, to cancel or suspend its Services, and remove, block (temporarily or permanently), restrict any access of the Customer, without prior warning for any reason whatsoever, including if LCI Paper believes, in its sole and absolute discretion, that the Customer has: (i) abused and/or violated this Terms of Service Agreement, (ii) has breached this Terms of Service Agreement; (iii) if the Customer is found by conviction, settlement, insurance or escrow investigation, or otherwise, to have engaged in fraudulent activity in connection with this Site; or (iv) if LCI Paper is unable to verify or authenticate any information provided by the Customer.
5. NO WARRANTIES.
ALL SERVICES AND PRODUCTS ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. LCI PAPER DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, TIMELY OR SECURE ACCESS TO CUSTOMER’S ACCOUNT, IF ANY. LCI PAPER DOES NOT WARRANT THAT THE QUALITY OF THE SERVICES OR PRODUCTS OR INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED OR DOWNLOADED BY THE CUSTOMER THROUGH THE SERVICE, SHALL MEET CUSTOMER’S EXPECTATIONS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to certain Customers. This warranty gives Customer specific legal rights, and Customer may also have other legal rights, which vary from state to state.
6. LIMITATION OF DAMAGES.
IN NO EVENT SHALL LCI PAPER OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR FOR OTHER INTANGIBLE LOSSES, EVEN AFTER BEING ADVISED OF THE POSSIBILITY OF THESE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS TERMS OF SERVICE AGREEMENT OR WITH THE PRODUCTS OR SERVICES PROVIDED HEREUNDER. LCI PAPER’S LIABILITY, AND THE LIABILITY OF LCI PAPER’S SUPPLIERS, TO THE CUSTOMER OR ANY THIRD PARTIES IS LIMITED TO THE AMOUNT OF FEES USER PAID IN CONNECTION WITH THE TRANSACTION GIVING RISE TO LIABILITY. Some states do not allow the limitation of liability, so the foregoing limitations may not apply to certain Customers.
7. INDEMNIFICATION.
Anything in this Terms of Service Agreement to the contrary notwithstanding, the customer shall indemnify and hold LCI Paper harmless and defend LCI Paper at Customer’s sole cost and expense against any loss or liability, claim, obligation, action, cost or expense, including but not limited to, reasonable attorneys’ fees, costs and disbursements of LCI Paper’s counsel, and any and all claims, actions, procedures and suits arising out of or in connection with: (i) the Services and/or Products provided by LCI Paper unless the result of LCI Paper’s gross negligence or willful misconduct; (ii) a violation of the intellectual property rights of third parties arising from the Customer’s use of this Site; (iii) the Customer’s connection to the Site and Services; (iv) a violation of the terms and conditions of this Terms of Service Agreement; and/or (v) the Customer’s violation of the rights of another person or entity.
8. PAYMENT METHODS.
LCI Paper accepts the following methods of payment:
- American Express
- Visa
- MasterCard
- Discover
- Paypal
Customers that are Massachusetts residents will be charged a 6.25% sales tax on their orders. For Customers not residents of Massachusetts, there is no sales tax applied to an order.
9. SHIPPING AND DELIVERY.
(a) Delivery Disclaimer.
LCI Paper will not be liable for damages or losses sustained during the delivery of your order.
10. Order Information.
11. RETURN POLICY.
(a) Our 100% Satisfaction Guarantee.
Most products purchased on LCIPaper.com are supported by LCI Paper’s 100% Satisfaction Guarantee. We want our Customers to be satisfied with their purchase.
If a Customer is not satisfied, we ask that all unopened Product be returned within thirty (30) days of receipt, and shipped in its original packaging. If the Product is returned in accordance with LCI Paper Return Policy, LCI Paper will provide you with a full refund, minus shipping charges, promotional discounts and restock fees. You may not return products that have been custom printed, custom produced, cut, folded, used or altered
12. PROPRIETARY RIGHTS.
With respect to proprietary rights, (i) all content included on this Site, such as text, graphics, logos, button icons, images, audio clips, and software; (ii) the compilation, meaning the collection, arrangement, and assembly, of any and all content on this Site and (iii) all software used on this Site is the exclusive property of LCI Paper or its content suppliers and is protected by United States and international copyright laws. The content and software on this Site may be used as a purchasing or selling resource. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Site is strictly prohibited. The trademarks, service marks and trade names shown on this Site are protected in the United States and internationally. No use of these may be made without the prior, written authorization of LCI Paper or the third party concerned.
13. PRINT DISCLAIMER.
LCI Paper does make best practice recommendations for printing compatibility on our various papers from our own in house testing and individual paper mill specifications. However, in regards to printing, equipment, paper compatibility and personal results we do not and cannot explicitly guarantee verbally or in writing each Customer application. There are many types of consumer and professional printers on the market, each with their own mechanical and technical makeup. Further, all inks are not the same and papers will react differently to different inks.
To help with the process, we offer samples of our papers for testing a Customer’s specific application on its specific printer. The vast majority of our papers are suitable for conventional printing including offset, thermography, engraving, letterpress and on demand. If a Customer plans on using the services of an outside printer, we encourage the Customer to consult the outside printer in regards to Customer’s printing needs.
LCI Paper shall not be liable, in any way, for incidental or consequential damages or losses sustained, or aggravated, by print or paper recommendations whether or not made verbally or in writing on this Site. The Customer is solely and exclusively responsible for selection of Products.
14. RELEASE.
CUSTOMER HEREBY AGREES THAT LCI PAPER SHALL NOT BE LIABLE AND HEREBY WAIVES, RELEASES AND DISCHARGES LCI PAPER FOR ANY AND ALL CLAIMS, DEMANDS, OBLIGATIONS, LIABILITY AND DAMAGES, ACTUAL OR CONSEQUENTIAL, OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, THE CUSTOMER MAY HAVE REGARDING, ARISING OUT OF OR IN CONNECTION WITH ANY DISPUTE ARISING OUT OF ANY TRANSACTION OR THE PRODUCTS OR SERVICES PROVIDED HEREBY BY LCI PAPER, INCLUDING BUT NOT LIMITED TO, ANY DISPUTE ARISING FROM THE UNAUTHORIZED USE OF THE CUSTOMER’S CREDIT CARD OR DEBIT CARD.
15. LAW GOVERNING AND FORUM SELECTION CLAUSE.
This Terms of Service Agreement and the Privacy Policy shall be governed in all respects by the laws of the Commonwealth of Massachusetts. LCI Paper and Customers submit to jurisdiction in Massachusetts and further agree that any controversy or claim arising out of or relating to this Terms of Service Agreement, the Privacy Policy, Products or the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in Boston, Massachusetts, and judgment on the arbitration award may be entered into any court having competent jurisdiction thereof. Either the Customer or LCI Paper may seek any interim or preliminary relief from a court of competent jurisdiction in Massachusetts necessary to protect the rights or property of the Customer or LCI Paper pending the completion of arbitration.
16. NO AGENCY.
The Customer and LCI Paper are independent parties and no agency or other fiduciary relationship is intended or created by this Terms of Service Agreement.
17. NOTICES.
Except as expressly stated herein, any notice to LCI Paper shall be in writing to LCI Paper Company, Inc., 399 River Road, Unit D, Hudson, Massachusetts 01749, and shall be hand delivered or sent by Federal Express, or other reputable courier service, or by postage pre-paid registered or certified mail, return receipt requested, and shall be deemed given (i) when received at the address above if hand delivered or sent by Federal Express, or other reputable courier service, and (ii) three (3) business days after being postmarked and addressed as above if sent by registered or certified mail, return receipt requested.
18. LINKS.
This Site may provide links or reference to other Internet sites. LCI Paper has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from such content. Any links to other sites are provided merely as a convenience, and not as a recommendation, to the users of this Site.
19. PRIVACY.
Any communications you send to this Site or otherwise to LCI Paper by electronic mail, with the exception of personally identifiable information, are on a non-confidential basis. LCI Paper is under no obligation to refrain from reproducing, publishing or otherwise using them in any way for any purpose. LCI Paper shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose, including, without limitation, developing, manufacturing and/or marketing of Products or Services. Use of any personally identifiable information will be governed by the LCI Paper Privacy Policy.
