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Terms of Service


Please read these Terms of Use carefully. These Terms of Use govern your access and use of this website and the related web pages (the “Site”). By accessing or using the Site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site, including, without limitation the Master Subscription Agreement and Evergreen Printing & Mailing, a limited liability company. All such additional posted guidelines, restrictions, or rules, including, without limitation, the Master Subscription Agreement, Privacy Policy , Reporting Copyright Infringement and Guarantee of Satisfaction are hereby incorporated by reference into these Terms of Use. We reserve the right to make changes to the Site, these Terms of Use and any additional posted guidelines, restrictions or rules at any time without prior notice. You should review these Terms of Use each time you access the Site. You also agree that we may provide all legal communications and notices to you electronically by posting them on the Site or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered to use the Site. COPYRIGHTED MATERIALS FOR LIMITED USE: The Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). The Site and all Content are the copyrighted property of Evergreen Printing & Mailing, and/or its subsidiaries or the copyrighted property of parties from whom Evergreen Printing & Mailing or us has licensed such property. All rights in the Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. We reserve the right to add to, delete from, or modify any part of Content at any time without prior notice. The design tools provided on the Site employ a number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use all such elements and to make all such elements available for use by other parties in the future. You do not obtain any right or claim to any of the individual design elements through your creation of a design and/or your incorporation of a design into one or more products. Other end users may use the design tools to create designs that have similar or identical combinations of these elements and we do not guarantee that your design will not have similarities to other designs created and used by other parties. We provide no warranty of any kind that designs created using the design tools will not infringe, or be subject to a claim of infringing, the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether a design is legally available for your use and does not infringe the rights of another party. USE OF SITE: You are granted permission to access and use the Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through us (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from us does not entitle you to use any portion of Content apart from the finished Products as they are supplied by us. You agree to use the Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person’s right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. We may terminate its service to customers found to be using the Site to engage in undesirable activities. You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize us to produce the Products on your behalf. You may not use this Site to send or use e-cards in any manner that would constitute the transmission of Spam or unsolicited e-mails. You may not use scripting or other programs to automate the creation and/or transmission of e-cards. We reserve the right, in our sole discretion, at any time, and without prior notice, to limit the number of recipients to which you may send an e-card and/or limit the number of e-cards that you may send. You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed or other actions that are taken through your registered account. TRANSFER OF TITLE: You agree that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to you in an electronic format, you agree that delivery of such Product shall be deemed to have occurred either (a) at the time we transmit the Product via email or other electronic communication addressed to you or (b) at the time we transmit a notification to you that the Product is available for downloading from the Site. INDEMNIFICATION: You agree that you shall indemnify and defend Evergreen Printing & Mailing and us and all parties from whom Evergreen Printing & Mailing or us has licensed portions of Content, and their directors, officers, members, managers and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard contents of the Site. DISCLAIMER OF WARRANTY: THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. LIMITATION OF LIABILITY: IN NO EVENT SHALL Evergreen Printing & Mailing OR US OR THEIR LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT Evergreen Printing & Mailing OR US HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM US OR OUR AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL Evergreen Printing & Mailing OR US BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THE SITE OR ITS CONTENT. SITE FEEDBACK: Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to us in connection with the operation or content of this Site shall be provided by the submitter and received by us on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Evergreen Printing & Mailing and us. By submitting any such information to us, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Evergreen Printing & Mailing and us shall be free to use such information on an unrestricted basis. GOVERNING LAW: Evergreen Printing & Mailing, a limited liability company. Issues related to the protection, infringement, or misuse of copyrighted materials, trademarks, service marks or patents shall be governed by the patent, trademark and copyright laws of the United States of America. All matters relating to this Agreement and the Website Service shall be subject to and governed by the laws of the State. Any legal action or proceeding relating to or arising from this Agreement and the Website Service shall be litigated only in the United States District for the Eastern District of Michigan or the Genesee County, Michigan Circuit Court and the Member hereby irrevocably consent to the jurisdiction and venue of those courts. The Member agrees that venue in these courts is proper in any such legal action or proceeding. Notwithstanding anything to the contrary, Evergreen Printing & Mailing reserves the right to bring any action for injunctive relief or collection of debt in any court of competent jurisdiction.