The UPS Store Online Printing® Terms and Conditions of Service
Please read these terms and conditions of service for Ecommerce and The UPS Store Online Printing carefully before using this site.
This web site and all web site related services (collectively, the "Site") are provided to you subject to your compliance with these terms and conditions of service (the "Terms of Service"). The Terms of Service also govern the relationship between the applicable participating The UPS Store or Mail Boxes Etc. franchise location(s) (collectively, the "Centres") and you, the Site visitor ("you", "your") with respect to your use of the Site. It is important that you read carefully and understand the Terms of Service. Any rights not expressly granted herein are reserved. Your use of the Site indicates your acceptance of the Terms of Service.
MBEC Communications L.P. ("MBEC, and together with the Centres, "we", "us", "our") reserve the right at any time to change the terms and conditions of the Terms of Service, change the Site, including eliminating or discontinuing any content on or feature of the Site, or change any fees or charges for use of the Site.
1. Materials. The information and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons and links (collectively, the "Materials"), are intended to educate and inform you about the online printing services offered by the Centres. The Materials are the property of MBEC or MBEC's licensors or suppliers. You will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and you will otherwise comply with the Terms of Service. MBEC cannot guarantee that technical difficulties will not occur during the use of the Materials. Other than as expressly permitted, you may not engage in the unauthorized use, copying, or distribution of any of the Materials. If you download or print a copy of the Materials for personal use, you must retain all copyright and other proprietary notices contained therein. You may not otherwise reproduce, display, publicly perform, or distribute the Materials in any way for any public or commercial purpose.
2. Acknowledgement. If you provide, post or upload a Submission (as defined in Section 3) and/or request a product or service as described in the Materials, you agree and acknowledge that, unless otherwise explicitly communicated to you in writing by MBEC, (a) you are engaging the services of a particular Centre as selected by you on the Site, (b) you are not engaging MBEC, (c) MBEC has the right, but not the obligation, to transfer your request to another Centre or to MBEC, if MBEC determines in its sole discretion that the Centre to which you submitted such request cannot adequately respond thereto; and (d) MBEC is not a party to any transaction initiated by you on the Site.
3. Submissions. You will have the ability to provide, post, upload or otherwise submit to the Site text, photographs or other content and materials (collectively, "Submissions"). We do not supervise the uploading of any Submissions, although we reserve the right to do so. By submitting a Submission you certify that either (i) you are eighteen (18) years old and have the right to submit the Submission, or (ii) you have obtained your parent's or legal guardian's express consent to submit the Submission and to grant the licenses provided hereunder.
You shall be solely responsible for your own Submissions. In connection with Submissions, you affirm, represent and warrant that you own, or have the necessary licenses, rights, consents, and permissions to the Submissions, and you agree that you will not (collectively, the "Codes of Conduct"):
Restrict or inhibit any other visitor or member from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site;
Use the Site or Materials for any unlawful purpose;
Express or imply that any statements you make are endorsed by us, without our prior written consent;
Make a Submission or otherwise transmit material that:
(a) is copyrighted, protected by trade secret or otherwise subject to third party proprietary or intellectual property rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material;
(b) is unlawful, obscene, defamatory, libelous, threatening, fraudulent, abusive, pornographic, harassing or encourages conduct that would be considered a criminal offense, or does or could give rise to civil liability or violate any law, rule or regulation, or is otherwise objectionable, or infringes our or any third party's intellectual property or other rights;
(c) is intended to victimize, harass, degrade or intimidate an individual or group of individuals on the basis of age, disability, ethnicity, gender, race, religion or sexual orientation; or
(d) is non-public information about companies without the authorization to do so;
Engage in spamming or flooding;
Transmit any software or other materials that contain any viruses, worms, trojan horses, salamis, defects, date bombs, time bombs or other items of a destructive nature;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
Remove any copyright, trademark or other proprietary rights notices contained in the Site;
"Frame" or "mirror" any part of the Site without our prior written authorization;
Link to any page of or content on the Site other than the URLs located at https://theupsstorecanada.webprint.com.
Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
Harvest or collect information about Site visitors or members without their express consent;
Take any action that imposes an unreasonable or disproportionately large load on our infrastructure;
Access, reload or "refresh" transactional event pages, or make any other request to transactional servers, more than once during any three second interval; or
Request more than 1,000 pages of the Site in any twenty-four hour period, whether alone or acting in concert with a group of individuals.
While using the Site and the Materials, you agree to comply with all applicable laws, rules and regulations.
MBEC has the right, but not the obligation, to permanently delete and otherwise remove from the Site and any storage medium any Submission or part thereof that MBEC determines in its sole discretion is in breach of the Codes of Conduct.
4. Subscriptions. If use the Site, you agree to (a) provide accurate, current and complete information about yourself as prompted by the customer order form, and (b) maintain and update your information to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Site and/or refuse to provide products and services to you.
As part of the registration process, you will be asked to select a username and password. We may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting https://theupsstorecanada.webprint.com and immediately notify us of the problem by emailing us at onlineprinting@theupsstore.ca. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
5. Making purchases. If you wish to purchase products or services described on the Site, you will be asked to supply certain information applicable to your purchase, including, without limitation, credit card and other information. You understand that any such information will be treated in accordance with our Privacy Policy For E-Commerce Online Printing. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
MBEC reserves the right, without prior notification, to change descriptions of or references to products or services on the Site, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required prior to MBEC's or a Centre's acceptance of any order. Price and availability of any product or service are subject to change without notice. Variations, such as, but not limited to, variations in color, paper stock, lamination, binding or other processes in products or services, may occur within each Centre and among different Centres.
6. Order Acceptance. The receipt of an email order confirmation does not constitute acceptance of an order. It is your responsibility to proof and approve your purchase prior to printing. You will be provided with an opportunity to acknowledge your approval and the print ready status of your purchase. Some variations in color, paper stock, lamination, binding or other processes may occur within a Centre and from Centre to Centre and are to be expected. Centres and MBEC reserve the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
7. Information Provided by MBEC. Although MBEC strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. In addition, the facts and circumstances of every situation differ. Accordingly, although MBEC endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.
In addition, portions of the Materials have been contributed to the Site by third parties. The inclusion of such information does not indicate any approval or endorsement thereof, and MBEC expressly disclaims any liability with respect to the foregoing.
8. Links. The Site contains links to other Internet web sites, including affiliated web sites which may or may not be owned or operated by MBEC. MBEC has not reviewed all of the web sites that are linked to the Site, and MBEC has no control over such sites. Unless otherwise explicitly stated, MBEC is not responsible for the content of such web sites, any updates or changes to such sites, or the privacy or other practices of such sites, and the fact that MBEC offers such links does not indicate any approval or endorsement of any material contained on any linked site. MBEC is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of service and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, salamis, defects, date bombs, time bombs and other items of a destructive nature.
9. Claims of Copyright Infringement. If you believe in good faith that materials hosted by MBEC infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow MBEC to locate the material on the Site; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10. Ownership and Restrictions on Use. The Site is owned and operated by MBEC in conjunction with others pursuant to contractual arrangements. The Site, the Materials, any and all software, together with all intellectual property and other rights relating to each of the foregoing, are and will remain the property of MBEC and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by Canadian and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Site in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Site, as provided in these Terms of Service or as expressly authorized in writing by MBEC or, if so indicated in writing by MBEC, its licensors or suppliers. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of Mail Boxes Etc., USA Inc. (“MBE”) and are licensed to MBEC
United Parcel Service of America, Inc. ("UPS"), MBE's licensors and suppliers, and others. The Trademarks owned by MBE or UPS, whether registered or unregistered, may not be used in connection with any product or service that is not MBE's or UPS's, in any manner that is likely to cause confusion with customers, or in any manner that disparages MBE or UPS. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of MBE, UPS, MBE's licensors or suppliers, or the third party owner of any such Trademarks. Misuse of any Trademarks is prohibited, and MBE and MBEC will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
11. Access By Minors.We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such site.
12. Jurisdictional Issues. The Site is solely directed to individuals residing in Canada and its territories. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent such laws are applicable.
We reserve the right to limit the availability of the Site and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program or other product that we provide.
13. Termination. We reserve the right to immediately terminate the Terms of Service, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of the Terms of Service, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of the Terms of Service or otherwise.
14. Disclaimers. THE SITE, THE MATERIALS, AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, MBEC, ALL OF MBEC'S SUBSIDIARIES, PARENT OR RELATED COMPANIES, ALL CENTRES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES (COLLECTIVELY, THE "MBEC GROUP") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
THE MBEC GROUP, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT BY THE MBEC GROUP, OR SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE MBEC GROUP SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (III) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, SALAMIS, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (IV) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. THE MBEC GROUP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY HYPERLINKED SITE.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
15. Limitation of Liability. THE MBEC GROUP IS NOT RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE SITE OR MATERIALS, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO THE MBEC GROUP FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE LESSER OF $100.00 OR THE AMOUNT PAID BY YOU TO A CENTRE OR TO MBEC FOR THE JOB SUBMITTED BY YOU DURING YOUR LAST SESSION ON THE SITE, PLUS SHIPMENT FEES, IF ANY.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Without limiting anything set forth in the Terms of Service, in no event will the MBEC Group be liable for, nor make any adjustment, refund or credit of any kind for, any loss, corruption, delay, misprint, non-print, inclusion, omission, shipment, misdelivery, non-delivery, misinformation, other direct or indirect damages, or failure to provide printed products, printing services or shipping services (each, a "Service Failure") to the extent caused by or resulting from: (a) your acts, defaults or omissions; (b) your violation of any of the terms and conditions contained in the Terms of Service; (c) criminal acts, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, war, acts of terrorism, national or local disruptions in electronic and transportation networks, failures of Internet service providers, weather phenomena, strikes, natural disasters, disruption or failure of communication and information systems, or other acts of God; (d) loss, corruption or irretrievability of, or damage to, your personal information, your Submissions or information regarding the printed products used or stored by us; (e) your failure to provide an accurate shipping address or other information that you are asked to provide in connection with the provision of services. MBEC reserves the right to delete Submissions and parts thereof.
16. Indemnification. You agree to indemnify, defend and hold the MBEC Group harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees) and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms of Service, including any violation of the Code of Conduct, above; (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
17. Questions. If you have any questions, comments or complaints regarding the Terms of Service or the Site, feel free to contact us at onlineprinting@theupsstore.ca.
18. Miscellaneous. The Terms of Service are governed by and construed in accordance with the laws of the province of Ontario, Canada, without regards to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of Ontario and waive any jurisdictional, venue or inconvenient forum objections to such courts. If any provision of the Terms of Service is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Service and shall not affect the validity and enforceability of any remaining provisions. Unless expressly provided otherwise, the Terms of Service and the Privacy Policy For E-Commerce Online Printing comprise the entire agreement between you and MBEC with respect to the use of the Site and shall not be modified except in writing, signed by an authorized representative of MBEC. The Terms of Service are not assignable, transferable or sublicenseable by you except with MBEC's prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in the Terms of Service are inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
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