ATTENTION: PLEASE READ THESE TERMS OF USE (HEREINAFTER “AGREEMENT”) CAREFULLY BEFORE ACCESSING OR USING THIS WEB SITE (“SITE”). YOUR ACCESS TO AND USE OF THIS SITE IS GOVERNED BY THIS AGREEMENT. BY ACCESSING OR USING THIS SITE, INCLUDING, WITHOUT LIMITATION, USE OF ANY SERVICES, SOFTWARE OR MATERIALS (AS THOSE TERMS ARE DSERVICE PRINTERSNED BELOW), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, DO NOT ACCESS OR USE THIS SITE.

Use of Site

Service Printers of Duluth, Inc. and its affiliates (hereinafter collectively "SERVICE PRINTERS") give you limited permission to access, view, use and download (where applicable) the software, products, information and materials available at or in connection with this Site (hereinafter collectively “Materials”) solely for your personal, non-commercial use, provided that you comply with all of the terms and conditions stated in this Agreement and any applicable SERVICE PRINTERS license agreement or other applicable SERVICE PRINTERS agreement. You may make one (1) copy of the Materials to the extent necessary to use the Site as permitted above, provided that you retain on any such copy all copyright and other proprietary notices contained in the original Materials. Except as permitted above, you may not use, make, modify, reformat, copy, display, perform, distribute, transmit, publish, license, create derivative works from, transfer or sell any Materials, content, communications or services which are displayed or referenced on this Site. Except as stated above, you receive no rights or license of any kind, including no rights to or under any patents, copyrights, trade secrets or trademarks.

Use of Materials on any other web site or networked environment is prohibited. The Materials are copyrighted and any unauthorized use of the Materials may violate copyright, trademark, and other laws. If you breach any of the terms of this Agreement, your authorization to use this Site and the Materials shall automatically terminate and you must immediately stop using this Site and Materials, and destroy all copied, downloaded and printed Materials.

You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, hateful, offensive, libelous, defamatory, obscene, pornographic, vulgar or sexually explicit material or any material that would violate any law or the rights of others, or that would subject SERVICE PRINTERS or its agents, affiliates or partners to any claims or liability.

By using this Site, including any Materials, communications, content and services available through it, you agree that you will not do any of the following:

upload, post, or otherwise transmit to or through the Site any communications, content or materials that SERVICE PRINTERS deems to be unlawful, threatening, hateful, offensive, libelous, defamatory, pornographic, vulgar, obscene, or sexually explicit;
upload, post, or otherwise transmit to or through the Site any communications, content or materials that could be deemed to encourage or advocate any illegal activities;
upload, post, or otherwise transmit to or through the Site any communications, content or materials that infringe and/or violate any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) the right of privacy; and (c) the right of publicity;
upload, post, or otherwise transmit to or through the Site any communications, content or materials that violate an agreement with a third party, including without limitation a confidentiality agreement;
upload, post, or otherwise transmit to or through the Site any communications, content or materials that might subject SERVICE PRINTERS and/or its agents, affiliates or partners to any claims or liability;
disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
upload, post, or otherwise transmit to or through the Site any viruses, robots, scripts, spiders or similar items or harmful, disruptive, or destructive files or elements;
create a false identity, or use or attempt to use another's account, password, service, or system;
access or attempt to access any area or content which you are not authorized to access; and/or
disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any services, Materials, communications, content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
You agree to indemnify, defend and hold SERVICE PRINTERS and its agents, affiliates, and partners harmless from all claims, liabilities, damages, expenses, costs and attorneys’ fees arising out of or related to any violation (and/or alleged violation) of this Agreement by you.

As used herein, SERVICE PRINTERS’ partners include independent vendors, suppliers, licensors, contractors, distributors, resellers, dealers, OEMs and other parties who have a business relationship or a potential business relationship with SERVICE PRINTERS.

Use of Services

By using any services (including without limitation any technical support, consulting, training services) provided by SERVICE PRINTERS or SERVICE PRINTERS’ licensors or partners (“Services”), you agree to comply with this Agreement and any applicable SERVICE PRINTERS services agreement. You are responsible for your data and general maintenance. You are also responsible for: (a) promptly utilizing all workarounds, bypasses, explanations of functionality, routines, procedures or fixes provided by SERVICE PRINTERS and its licensors and partners; (b) ensuring that all Site/Services users are adequately trained in the operation of the Site and associated duties; (c) designating an appropriate administrator or primary contact to interface with SERVICE PRINTERS with respect to the Site/Services; (d) verification of data; (e) timely reporting to SERVICE PRINTERS of bugs, errors, failures and other situations for which support is requested; (f) timely payment of all fees and expenses; and (m) fully cooperating with, and providing all information, files and access to systems requested by SERVICE PRINTERS support personnel. Services do not include repair or maintenance of any third party product, nor any SERVICE PRINTERS product which: (a) there is a failure to install available maintenance releases, workarounds, bypasses, explanations of functionality, routines, procedures and fixes provided by SERVICE PRINTERS and its licensors and partners; or (b) has been combined or used with third party products or technology not approved by SERVICE PRINTERS.

User Submissions

Other than personally identifiable information, which is discussed below, you agree that any material, content, files, messages, information and other communication you transmit or post to this Site (hereinafter “Communications”) will be considered non-confidential and non-proprietary. You agree that SERVICE PRINTERS and its designees, agents, partners, and affiliates will have no obligations with respect to your Communications. You agree that SERVICE PRINTERS and its designees, agents, partners and affiliates may freely use, copy, modify, publicly perform, publicly display, create derivative works from, disclose, make, sell, license, distribute, advertise, incorporate and otherwise use your Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial and non-commercial purposes, including without limitation marketing and the development of products and services. You further agree that SERVICE PRINTERS and its designees, agents, partners and affiliates may freely use all Communications and all feedback and contributions you provide on-line and off-line to create, improve, modify, create derivative works of, make, use, sell, license, distribute, publicly perform, publicly display, market, and advertise software, products, services, information, communications and content, including without limitation the Software, Services and Materials.

Managing content and communications

Users remain solely responsible for their own Communications. SERVICE PRINTERS is not responsible for a user’s Communications.

Although SERVICE PRINTERS has no duty to do so, SERVICE PRINTERS reserves the right at any time without notice and for any reason (without liability to SERVICE PRINTERS): (a) to edit and/or remove any user’s Communications, and (b) to restrict, suspend, and/or terminate any user’s access to all or any part of this Site.

SERVICE PRINTERS may, but is not obligated to, monitor and review (i) any areas on the Site where users transmit or post user Communications, including but not limited to areas where services are available, chat rooms, bulletin boards, and other user forums; and (ii) the substance of any user Communications.

Use and protection of account number and password

You are responsible for maintaining the confidentiality of your account number, user name, and password, if applicable. You are responsible for all claims, liabilities, damages, losses, expenses, costs and attorneys’ fees resulting from all uses of your account number, user name, and password, whether or not authorized by you, unless access to your account number, user name, and password was obtained through no fault or negligence of your own.

Personally Identifiable Information

If you transmit or post personally identifiable information (name, address, e-mail address, phone number, etc.) to this Site, the handling of this information shall be subject to SERVICE PRINTERS’ Privacy Statement, which you can view at www.serviceprinters.com/privacy.html. By accessing or using this Site, you agree to the handling of your personally identifiable information in accordance with SERVICE PRINTERS’ Privacy Statement.

Links To Other Web Sites

Links to third party web sites on this Site are provided solely as a convenience to you. If you use these links, you will leave this Site. SERVICE PRINTERS has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. SERVICE PRINTERS does not endorse or make any representations about these sites, or any information, communications, content, software, other products or materials found at these sites, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

Disclaimer of Warranties

SERVICE PRINTERS does not warrant the accuracy and completeness of the Materials, Communications, Services and any other content available at or in connection with this Site (hereinafter collectively “Content”). SERVICE PRINTERS may make changes to the Content and to the services, products and prices described therein, at any time without notice. The Content may be out of date, and SERVICE PRINTERS makes no commitment to update the Content. Content published at this Site may refer to products, programs or services that are not available in your country. Contact SERVICE PRINTERS for information regarding the products, programs and services that may be available to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES THAT MAY BE PROVIDED IN SERVICE PRINTERS PRODUCT OR SERVICE DOCUMENTATION, ALL MATERIALS, PRODUCTS, SERVICES, COMMUNICATIONS AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES THAT MAY BE PROVIDED IN SERVICE PRINTERS PRODUCT OR SERVICE DOCUMENTATION, SERVICE PRINTERS EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS (EXPRESS, IMPLIED AND STATUTORY) INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SERVICE PRINTERS DOES NOT WARRANT THAT THE SITE AND THE MATERIALS, PRODUCTS, COMMUNICATIONS, CONTENT AND SERVICES WILL BE CORRECT, ACCURATE, SECURE, RELIABLE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES AND OTHER HARMFUL ELEMENTS, OR THAT DEFECTS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES THAT MAY BE PROVIDED IN SERVICE PRINTERS PRODUCT OR SERVICE DOCUMENTATION, SERVICE PRINTERS EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE USE AND AVAILABILITY OF ANY COMMUNICATIONS, MATERIALS, PRODUCTS, SERVICES, AND CONTENT, THE STATEMENTS OR ACTIONS OF ANY USER OR THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH USERS, VENDORS OR OTHER THIRD PARTIES, ANY ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, THE STORAGE OR LOSS OF DATA, FILES, OR OTHER CONTENT, AND ANY WEB SITE REFERENCED OR LINKED TO OR FROM THIS SITE.

APPLICABLE LAW MAY NOT ALLOW THE ABOVE EXCLUSIONS OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH A CASE, THE WARRANTIES AND LIABILITY OF SERVICE PRINTERS AND ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS AND SUPPLIERS ARE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE AGGREGATE, CUMULATIVE LIABILITY OF SERVICE PRINTERS AND ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS AND SUPPLIERS FOR ALL CLAIMS RELATED TO THIS AGREEMENT AND ALL MATERIALS, PRODUCTS, SERVICES, COMMUNICATIONS AND CONTENT, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, UNDER STATUTE OR OTHERWISE), SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE MATERIALS, PRODUCTS, SERVICES, COMMUNICATIONS OR CONTENT THAT ARE AT ISSUE. YOU AGREE THAT SUCH AMOUNT IS SUFFICIENT TO SATISFY THE ESSENTIAL PURPOSE OF THE PROVISIONS OF THIS AGREEMENT AND THAT SUCH A LIABILITY IS A FAIR AND REASONABLE ESTIMATE OF ANY LOSS AND DAMAGE LIKELY TO BE SUFFERED IN THE EVENT OF ANY WRONGFUL ACT OR OMISSION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SERVICE PRINTERS NOR ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS AND SUPPLIERS BE LIABLE FOR COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS, LOST DATA, THIRD PARTY CLAIMS, AND/OR ANY SPECIAL, INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, RELATED TO THIS AGREEMENT, THE MATERIALS, PRODUCTS, SERVICES, COMMUNICATIONS AND/OR CONTENT. THIS LIMITATION SHALL APPLY EVEN IF SERVICE PRINTERS AND/OR ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE PRICE OF THE MATERIALS, PRODUCTS, SERVICES, COMMUNICATIONS AND CONTENT REFLECTS THIS ALLOCATION OF RISK. YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY AND DISCLAIMERS FORM AN ESSENTIAL ELEMENT OF THIS AGREEMENT, WITHOUT WHICH SERVICE PRINTERS WOULD NOT HAVE ALLOWED YOU TO HAVE ACCESS TO THE MATERIALS, PRODUCTS, SERVICES, COMMUNICATIONS AND CONTENT.

APPLICABLE LAW MAY NOT ALLOW THE ABOVE LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH A CASE, THE LIABILITY OF SERVICE PRINTERS AND ITS AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS AND SUPPLIERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

U.S. Government Restricted Rights

Use, duplication or disclosure of the Software by the United States Government is subject to restrictions as set forth in FAR 12.212 or DFARS 227.7202-3 -227.7202-4 and, to the extent required under U.S. federal law, the minimum restricted rights as set out in FAR 52.227-14, Restricted Rights Notice (June 1987) Alternate III(g)(3)(June 1987) or FAR 52.227-19 (June 1987). To the extent any technical data is provided pursuant to the Agreement, such data is protected per FAR 12.211 and DFARS 227.7102-2 and to the extent explicitly required by the U.S. Government, is subject to limited rights as set out in DFARS 252.227.7015 (November 1995) and DFARS 252.227-7037 (September 1999). In the event that any of the above referenced agency regulations are modified or superseded, the subsequent equivalent regulation shall apply. The name of the Contractor is Service Printers of Duluth, Inc.

Intellectual Property

SERVICE PRINTERS and its licensors solely own all right, title and interest, including without limitation all intellectual property rights, in and related to the Software, Materials, products, Services, communications and content provided by SERVICE PRINTERS, and all improvements, derivative works and modifications thereof, including without limitation improvements, derivative works and modifications that are based upon your Communications and your feedback and contributions provided on-line and off-line.

You agree that your Communications will be considered non-confidential and non-proprietary. You agree that SERVICE PRINTERS and its designees, agents, partners, and affiliates will have no obligations with respect to your Communications. You agree that SERVICE PRINTERS and its designees, agents, partners and affiliates may freely use, copy, modify, create derivative works from, disclose, make, publicly perform, publicly display, sell, license, distribute, advertise, incorporate and otherwise use your Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial and non-commercial purposes, including without limitation marketing and the development of products and services. Further, you agree that SERVICE PRINTERS and its designees, agents, partners and affiliates may freely use all Communications and all feedback and contributions you provide on-line and off-line to create, improve, modify, create derivative works of, make, use, sell, license, distribute, market, publicly perform, publicly display, and advertise software, products, services, information, communications and content, including without limitation the Software, Services and Materials.

For additional information regarding SERVICE PRINTERS’ intellectual property rights, including without limitation its patents and copyrights, please see the patent, copyright, and other legal notices at this Site and in the SERVICE PRINTERS product and service documentation.

Trademarks

The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of SERVICE PRINTERS or other third parties. You are not permitted to use the Marks without the prior written consent of SERVICE PRINTERS or such third party that may own the Marks. SERVICE PRINTERS and the SERVICE PRINTERS logo are trademarks of Service Printers of Duluth, Inc.

Applicable Laws and Jurisdiction

This Site is administered by SERVICE PRINTERS from its offices in the United States. SERVICE PRINTERS makes no representation that materials at this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. This Agreement will be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any principles of conflicts of laws. By using this Site, you consent to the personal jurisdiction and venue of the state and federal courts of Minnesota.

Export Control Laws

The Software, products, Services and information of SERVICE PRINTERS are subject to the export laws and regulations of the United States, including the United States Export Administration Regulations. The access and license granted to you herein is conditioned upon your compliance with all applicable export laws and regulations, including the export laws and regulations of the United States.

By downloading any Software or using any other product, information or services, you represent and warrant that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, the List of Specially Designated Nationals, the List of Specially Designated Narcotics Traffickers or the List of Specially Designated Terrorists.

By downloading any Software or using any other product, information or services, you further represent, warrant and agree that you will not use, disclose, distribute, transfer, export or re-export any portion of the Software, Materials, Communications, content, products or information available on this Site in any form in violation of any applicable laws or regulations, including without limitation the export laws and regulations of the United States.

If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

General

SERVICE PRINTERS may revise this Agreement at any time by updating this posting. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of this Agreement may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

Effective Date: January 10, 2012