This Web site is provided by McCormack Printing Impressions, Inc. (referred to throughout this Web site as “MPI”) as a service to our customers. Please review the following basic rules that govern your use of the McCormackPrinting.com site. Please note that your use of the McCormackPrinting.com 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. MPI reserves the right to update or modify these Terms and Conditions at any time without prior notice to you. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by these Terms and Conditions as changed. For this reason, 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 MPI. Section B of these Terms and Conditions applies to all products and services available through the Site.

Section A – Terms and Conditions of 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/handling fees will automatically be paid by User with an approved payment method. Such amounts will be posted on this Site.

Once a print job has been approved by the customer and “sent to press” on the Site, no changes are allowed to the artwork files, job characteristics, or printing turnaround time. After a print job has been sent to MPI’s prepress department, the customer is responsible for paying the entire amount of that print job along with applicable taxes and shipping/handling fees, unless otherwise noted. In some cases, a refund may be extended to the customer if no work has been done by MPI on that print job.

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 pre-pay, cash or check. Choose this option and finish your order. After you’re done, we will instruct you on how to submit cash or mail your check to us.

Pay on account. On account or purchase, orders are available ONLY to government and educational institutions unless otherwise stated.

Refund Policy – All sales are final unless otherwise noted. No refunds are given once MPI begins working on your order, which means MPI has received your necessary materials (i.e., digital files) and started work on your job (i.e., your job is in production).

In some cases, a partial or full refund may be extended to the customer if no work has been completed by MPI for a specific order. Please note that such a refund would be adjusted to cover any fees charged for setup, proofs, or other services associated with that order.

In some cases, an order may be voided the same day the order was placed as long as no work has been completed by MPI for that order.

Our Sales Tax Policy – MPI is required to collect sales tax on purchases shipped to Indiana businesses and locations where we currently have business operations. For orders shipped to locations in Indiana, tax is calculated based on the printing and finishing product subtotal.

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 the documentation of your tax-exempt status. Before or after placing your order through the Site, please email or fax a copy of your tax-exempt certificate along with your order number to the attention of the Credit department at 1-800-574-5451. After receiving your certificate, we will send you a confirmation e-mail.

Job Approval – MPI will not produce any job without customer approval. A proof approval form will be sent along with a PDF proof of your job. MPI cannot be held responsible for matching colors or ink densities on screen proofs approved by customers. Screen proofs can be used to help display layout, text accuracy, and image placement and proportion, but not color or density.

Color Accuracy and Hardcopy Proofs – MPI will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density. There are many possible factors that can affect the color of your printed materials. Variations in ink, stock, and equipment can cause color fluctuations. It is impossible to expect any professional printer to produce exactly the same color match.

The accuracy of each color reproduction (of the final printed product) is guaranteed to be within 90% of the final proof you approved or MPI will reprint your job at no charge to the customer. Please note that MPI cannot guarantee color reproduction for your print-ready files if you: (a) did not request a hardcopy proof; or (b) purchased a product that does not feature a hardcopy 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. If you order a “Hardcopy” proof, your order must be placed and a fee will apply.

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 them to MPI. As postal regulations are subject to change, you are also 100% responsible for complying with current mailing restrictions for your layouts. Check with your local Post Office. We also offer file preparation support services.

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 the 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.

Printing Turnaround Time – Printing turnaround time begins once your order has been placed and your print-ready files have been uploaded to your account, attached to your printing job, and approved for printing. If you order a standard hardcopy proof, the printing turnaround time begins when we receive approval for your proof. Please note that if we are unable to print your files because they do not conform to our file requirements, your job status will return to “Need Artwork” and your printing turnaround time will be reset.

For printing jobs that do not have complete digital source files provided, printing turnaround begins when we have your print-ready file(s) for your print job, not from when the order is first submitted.

If your job or proof is approved by 6:00 P.M. PST (9:00 P.M. EST), printing turnaround time begins that business day. For example, a job for a three-day printing turnaround that you approved by 1:00 P.M. PST on Tuesday will be shipped out to you by end of business Friday. Please note that MPI offices are closed Saturdays, Sundays, and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, printing turnaround time does not include shipping transit time, and you should allow additional business days for delivery based on the shipping method you selected.

Shipping – Unless you choose to Pick Up or Mailing Services, you need to select one of the shipping options presented to you on the Site.

All shipping except Special COD 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 the day Monday.

For Special COD delivery (i.e., Air Cargo, Greyhound, or other shipping methods), there is a handling fee paid to MPI at the time of purchase for making all necessary arrangements with the carrier. In addition, the customer pays the shipping charge at the time of delivery. The Special COD shipping charge is set by the carrier, and orders shipped by COD must be picked up at the carrier’s location. Delivery to your door is not included or available when you select Special COD shipping options.

Shipping transit times vary, and MPI 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.

Mailing Services – The customer’s mailing list(s), while in the possession of MPI, is the exclusive property of the customer and shall be used only with the customer’s instructions. The customer’s mailing list(s) will not be sold or offered for use to any other party, and MPI will not utilize the list for any other purpose.

All mailing delivery dates are estimates, not guarantees. MPI’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). In no event shall MPI be liable for USPS performance failures or delivery delays.

MPI shall be liable to rectify printing and mailing errors only to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the value of the printing work performed. In no case is MPI liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job.

The customer will defend and hold MPI harmless in any suit or court action brought against MPI by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities, or losses resulting from circumstances where MPI, acting as the customer’s agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in MPI’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against MPI for actions of the customer’s employees which may occur as a result of any mailing.

Miscellaneous – All complaints must be registered within 24 hours of receipt of your final printing job. Should your job contain manufacturing errors and/or defects (as determined by MPI), MPI would rerun your job at no charge.

All materials we create in producing your printed product are the property of MPI. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product. 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 MPI 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.

Corporate Identification and Trademarks – “MPI”, “McCormackPrinting.com”, and any and all other marks appearing on this Site are trademarks of MPI in the United States and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to the distribution of materials on this Site, without MPI’s prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. MPI prohibits the use of Trademarks as a “hot” link on, or to, any other Web site unless the establishment of such a link is pre-approved by MPI in writing.

Use Restriction – You may only use this Site to make legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Site to make any speculative, false, or fraudulent Requests. You may not use robots or other automated means to access this Site unless specifically permitted by MPI. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. You agree to promptly update your membership information (if applicable) in order to keep it current, complete, and accurate.

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 transmits 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.

Permission is granted to electronically copy and print in hard copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without MPI’s prior written consent, is prohibited.

Email – We encourage you to share your comments and questions with us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like the product or advertising ideas), and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future MPI programs. Also, please remember that you are responsible for whatever material you submit and that you, not MPI, have full responsibility for any message that you send, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any, and all, rights to materials and ideas submitted to us become the exclusive property of MPI.

Privacy – You confirm that you have read, understood, and agree to the MPI 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 MPI, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the MPI 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 MPI 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 MCCORMACK PRINTING—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.

If notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, the User agrees that the liability of any such party shall in no event exceed the fee or charge to the User assessed by MPI for making a Request.

Some states—to the extent their law might be deemed to apply, notwithstanding the selection of California law as described (below)—do not allow the limitation of liability, so the foregoing limitations might not apply to you.

Indemnification – You agree to defend, indemnify and hold harmless MPI 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. 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 MPI. 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 MPI 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.

Governing Law – The internal laws of the State of Indiana 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 courts located in Tipton, Indiana for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.