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Thurston Print Lab

Fine Art Inkjet Printing for Photographers

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Terms and Conditions

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TERMS & CONDITIONS

These Terms and Conditions cover the use of the ThurstonPrintLab.Biz website (“our Site”).
By accessing any page of our Site, you understand and agree to be bound by these Terms and Conditions.

ORDER TERMS & CONDITIONS

1. Payment. All prices set forth on our Site and stated herein are in US Dollars and at this time we only accept orders from, and ship to customers in the United States. All Prices are based on current costs and subject to change at any time without notice.
By submitting an order on our Site to purchase print products, or other services, the customer agrees that all charges, taxes, and shipping/handling fees will automatically be charged to the credit card or paid by the customer with an approved payment method.

2. Discount Coupons and Codes. Any and all Discount Coupon Codes are for one time use and are only valid until Expiration Date unless specifically defined as unlimited usage, and may not be used in combination with any other discount(s) or any Print quantity discount offered. They must be entered in your order at the time of ordering.

3. Refund Policy. We strive to give you the most accurate print materials by using a Color Managed Workflow with all our equipment. You as the customer are also part of that CMW equipment and must use a Monitor Calibrated as per our CMW Guidelines set forth here, in order to get accurate screen to print matching. Failure to do so will give unpredictable results that we will not be responsible for, such as prints that are too dark. Therefore all sales are final.

Orders are non-refundable once TPL begins work on your order, which means TPL has received the necessary materials (i.e. digital files and payment) and started work on your job (i.e. your job is in production).

4. File Submissions. The customer is 100% responsible for reviewing and Soft Proofing their files as described here, and correcting any issues prior to placing the order.
We check all submitted files before printing, but you are still 100% responsible for the accuracy of your print-ready files, and we encourage you to Soft Proof all files carefully before submission.

TPL is not liable for errors caused by any of the following:
Inferior quality or low-resolution of uploaded images
Files that are not created following our specifications
Errors in user-selected options such as paper type, size, quantity, or rendering intent Incorrect dimensions, image orientation, or file submissions in accordance with our file guidelines
Duplicate orders submitted by the customer.

Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: 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. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

5. Color Accuracy. We will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density (as viewed under a 5000K viewing conditions). Due to inherent limitations with the printing process, the accuracy of color reproduction is not guaranteed and may vary. By placing an order with TPL, you agree to this limitation.

6. Turnaround. Orders will be processed as soon as possible after being received. Orders must be paid for, and print-ready files received by 5 P.M. PT (Pacific Time) for printing turnaround time of roughly 24 Hours.

TPL is not liable for any delays in production or turnaround times resulting from print files that are submitted after 5 P.M. PT.

Business days are Monday-Saturday and does not include Sunday or holidays. Orders that are submitted on Sunday, and holidays will be processed the next business day. TPL is not responsible for any delays or damages caused by delivery carriers. Orders may be delayed due to unforeseen circumstances such as equipment failures, power outages, etc. Therefore, turnaround times are not guaranteed.

7. Complaints. All complaints must be registered within 7 calendar days of receiving the order. Should the job contain manufacturing defects or errors, we will rerun and/or replace at no charge. We maintain the right to judge what a manufacturing defect or error is.

8. Sales Tax. All orders are subject to California Sales Tax as defined for businesses within the County and City of San Diego, which currently is 7.75%, unless a valid and verified Resale Permit is submitted by the customer.

9. Releasing Artwork. Customer supplied print ready files will be archived for 3 Years from the invoice date. Print files must be requested within 30 days of invoice date, after 30 days, files will be removed from our server and archived. We reserve the right to delete files of inactive customers.

We may also from time to time include customers’ printed pieces as samples of our products on our website or in our marketing materials. You agree to grant us permission to display or mail samples of your piece(s) unless you specifically request that we do not include them in our samples.

GENERAL TERMS & CONDITIONS

GENERAL TERMS & CONDITIONS

1. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THURSTON PRINT LAB —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.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO THURSTON PRINT LAB FOR THE REQUEST.

2. Indemnification

You agree to defend, indemnify and hold harmless the Covered Parties (as defined above) from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms & Conditions, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Site using your password, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a Third Party (as described below), you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.

3. 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.

4. 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 by TPL 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.

5. 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.

6. Privacy Policy and Credit Card Information

You confirm that you have read, understood and agree to the TPL 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 TPL, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the TPL 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 TPL in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).

No information we collect for order processing or from inquiries is shared with any other company or website. Your information is only used to contact you when necessary, or to provide news, special offers, or invitations to participate in customer surveys or testimonials.

Credit Card information is only used to bill you for products and services ordered. Our secure shopping cart uses the latest secure server technology. Your order is submitted and retrieved with a secure connection to our server and remains secure at all times.

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.

7. Amendments to Terms & Conditions

We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms & Conditions at any time. You agree that we may modify the Terms & Conditions and such modifications shall be effective immediately upon posting. You agree to review these terms and conditions periodically to be aware of modifications. Continued access or use of the Site following such posting shall be deemed conclusive evidence of your acceptance of the modified Terms & Conditions except and to the extent prohibited by applicable state or federal law.

8. Changes to the Site

We reserve the right, at our sole discretion, to change, modify or otherwise alter the Terms & Conditions at any time. You agree that we may modify the Terms & Conditions and such modifications shall be effective immediately upon posting. You agree to review these terms and conditions periodically to be aware of modifications. Continued access or use of the Site following such posting shall be deemed conclusive evidence of your acceptance of the modified Terms & Conditions except and to the extent prohibited by applicable state or federal law.

9. Governing Law

The internal laws of the State of California shall govern the performance of these Terms and Conditions, without regard to such state’s conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site or its services.

Thurston Print Lab. also known as (“thurstonprintlab.biz”, “TPL”, “we,” “us,” “our”)

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