Welcome to Spectrum Marketing Communications, Inc.. This Web site is provided by Spectrum as a service to our customers (and we partner with other clients – to service their customers as well). Please review the following basic rules that govern your use of the site. Please note that your use of the Spectrum Marketing site (the "Site") constitutes your unconditional agreement to follow and be bound by these Terms and Conditions. Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to these Terms and Conditions. Spectrum reserves the right to update or modify these Terms and Conditions at any time without prior notice to you, and we encourage you to review these Terms and Conditions whenever you use this Site.
Section A of these Terms and Conditions applies specifically to orders placed with Spectrum. Section B of these Terms and Conditions applies to all products and services available through the Site.
Section A
Terms and Conditions of Order
The Spectrum Satisfaction Guarantee
Spectrum stands behind the quality of its products and services. If you are not satisfied with your purchase from us, die to something Spectrum may have caused, simply contact Customer Service by phone at 856-795-5522 within 30 days from the date you receive it (or the date it was scheduled to arrive), and we will remake part or all of your order. In some cases, we may refund the full price of the product(s) in question, excluding shipping, postage and processing costs.
Spectrum is committed to customer satisfaction, and we do everything possible to ensure proper cutting, accurate production, and excellent quality. However, certain circumstances are beyond our control and are not covered by this guarantee. Please note that we cannot be responsible for: (All items / orders may have some but not all of the items pertain to each order).
• Spelling, punctuation, or grammatical errors made by the customer.
• Inferior quality or low-resolution of uploaded images.
• Design errors or color selection errors introduced by the customer in the artwork file creation process.
• Errors in user-selected options such product type, size, finishing options, or quantity.
• Incorrect file dimensions, image orientation, or file submission in accordance with PsPrint specifications.
• Damage to the products arising after delivery to the customer.
• Duplicate orders by the customer.
• Incorrect file layout for folding, scoring, hole drilling, die cutting or other custom services.
• Incorrect shipping address, undeliverable packages/3 rd delivery attempts, or other errors created by the customer.
This guarantee is also subject to a few other terms and conditions:
• Full refund guarantee does not apply to shipping claims. We will reproduce orders damaged or lost by UPS.
• We reserve the right to have you return the original order, at our cost, before reprinting or refunding your order.
• Maximum refund per order or customer is $250. The only remedy for problems with orders over $250 is reprinting of the order to correct product defects.
• Color match, cutting and folding tolerances are guaranteed to be within industry standards (CMYK) for pleasing color and tolerances published within our website.
• This guarantee is limited to remake of the original order quantity or refund of the purchase price of the order. We are not responsible for any damages or claims incurred by you or your business caused by receiving the order which are defective or incomplete or which you receive later than the estimated delivery date.
• This guarantee does not cover fees for mailing service or postage or associated incidental or consequential damages or claims. Spectrum is not liable for U.S. Postal Service errors, including loss or delay.
Please preview your designs carefully and correct any issues prior to placing your order.
Payment
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. If a User submits a request on the Site to purchase printing products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping and processing fees will automatically be charged to the credit card or paid by User with an approved payment method. Such amounts will be posted.
Once a job has been submitted by customer, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to Spectrum's prepress department, the customer is responsible for paying the entire amount of that job along with applicable taxes, shipping, and processing fees, unless otherwise noted. In some cases, a refund may be extended to the customer if no work has been done Spectrum on that job.
Please note that no work will proceed on any job in your order until full payment is received.
Payment Methods
All purchase requests must be submitted with an approved payment method unless otherwise expressly stated. Approved payment methods include any of the following methods:
• Pay by credit card. This is simple and safe. Most of our customers pay this way.
• Pay by check or money order.
Our Sales Tax Policy
Spectrum is required to collect sales tax on purchases shipped to New Jersey.
Tax-Exempt Individuals
If tax was charged on your order and you would like to claim tax-exempt status, you can request an adjustment for the amount of sales tax charged by sending in documentation of your tax-exempt status. Before or after placing your order through the Site, please fax a copy of your tax-exempt certificate along with your order number to the attention of the Credit department at (856) 616-0612. After receiving your certificate, we will send you a confirmation Email. Please include your e-mail.
Color Accuracy and Hardcopy Proofs
Spectrum will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density (as viewed in a 5000K light booth) because of limitations in the printing process, as well as neighboring image ink requirements.
Please note that we cannot guarantee color reproduction for your print-ready files if you: (a) did not request a product proof; or (b) purchased a product that does not feature a product proof option. Please note that we accept no responsibility for color variations between submitted print-ready images and the actual artwork or product they represent.
Artwork Files
Our prepress department checks most artwork files before printing, but 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.
You certify that you have the right to use the image(s) in your artwork files. DO NOT send any "one-of-kind" transparencies, 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 and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: 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.
Shipping
Most shipping except USPS, is currently done via UPS. When choosing a shipping option, 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 UPS. For instance, a product shipped 2nd Day Air and picked up on a Thursday would be delivered by end of day Monday.
Shipping transit times vary, and Spectrum assumes 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.
Pick Up orders will be held for 30 days at our facility. After 30 days, we will recycle your order.
You agree that shipping terms for all Spectrum products are shipped "Freight On Board Shipping Point" or "F.O.B. Shipping Point" – Title and Risk of loss transfers to you at time of shipment or pickup.
Miscellaneous
All sales are final, unless otherwise noted. No refunds are given once Spectrum begins working on your order, which means Spectrum has received your necessary materials (i.e., digital files and payment) and started work on your job (i.e., your job is in production).
All materials we create in producing your printed product are the property of Spectrum. Although these materials will NOT be sold or given to any other party, they are part of our archived files and can be used as samples and examples in the future. 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.
Section B
General Terms and Conditions
Copyright Notice
You, the User, acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of Spectrum and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
Use Restriction
It is a violation of law to place a Request 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 can transmit 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.
Privacy
You confirm that you have read, understood and agree to the Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by Spectrum, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by Spectrum in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).
General Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPECTRUM—INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES")—BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to defend, indemnify and hold harmless Spectrum and its affiliates from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and placing an order with Spectrum. You also certify that you own rights to or have a license to use the image(s) being reproduced as part of your order.
Third Parties
If you use this Site to submit Requests for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
Each User using this Site for, or on behalf, of a Third Party agrees to indemnify and hold each Covered Party harmless from, and against, any and all liabilities, losses, damages, suits and claims (including the costs of defense), relating to the Third Party's or the User's failure to fulfill any of its obligations as described (above). The User is directly responsible for any Request submitted, including related fees, charges and performance obligations.
User Comments, Feedback and Other Submissions
All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, "Comments"), shall become and remain the exclusive property of Spectrum. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.
Links to other Web sites and Services
To the extent this Site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. None of the Covered Parties guarantees or warrants the accuracy or completeness of the information or content included on the Web sites of these outside services and resources. The outside services and resources are in no way related to Spectrum and are neither its employees nor agents.
Termination of Usage
User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.
Miscellaneous
The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions.
None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control.
Entire Agreement
These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
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