COPYRIGHTED MATERIALS FOR LIMITED USE:
USE OF SITE:
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.
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.
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.
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.