The following terms and conditions (“Terms of Purchase”) apply to orders that you place for the purchase of products and services from High 5 Packaging (“High 5 Packaging,” “we,” “us,” and “our”). As used in these Terms of Purchase, the terms “you” and “your” refer to any party that purchases products or services from High 5 Packaging.
Your receipt of an order confirmation does not constitute the acceptance of your order. High 5 Packaging may refuse or cancel an order for any reason, including but not limited to inaccuracies or errors in order, product, or pricing information. High 5 Packaging reserves the right to use its sole discretion in refusing to print anything High 5 Packaging deems infringing upon trade dress, copyright, patent, and trademark laws, and various other intellectual property rights (individually and collectively, “IP Rights”), illegal, libelous, scandalous, or improper. We may require additional verification or information before accepting your order. Your receipt and/or credit card statement will say Print Your Marketing as the company name. Print Your Marketing is the parent company of High 5 Packaging.
2. Shipping and Delivery.
Prices do not include shipping and handling fees. If you choose to download a product, these shipping and delivery terms will not apply to you. If you choose to have a product delivered to you physically, we will use the shipping method that you choose when you place your order. Risk of loss or damage to products in transit is yours and passes to you upon delivery of the product to the carrier for shipment. You are responsible for filing a claim with the carrier if your product is damaged or lost in transit.
You are solely responsible for any applicable state, local, or similar taxes (except for taxes based on Company Name's income or profits) that result from your purchase of products and services from Company Name. We may automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the State of Texas and any other states or localities that it deems are required.
(a) Disclaimer of Warranties: High 5 Packaging warrants that the products and services are as described in the accepted order. You understand that all sketches, copies, dummies, and preparatory work shown to you are intended only to illustrate the general type and quality of the product. They are not intended to represent the actual work performed or products or services to be provided. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS OF PURCHASE AND TO THE EXTENT PERMITTED BY LAW, ALL PRODUCTS AND SERVICES ARE PROVIDED “AS-IS,” AND HIGH 5 PACKAGING AND ITS SUPPLIERS AND CO-BRANDED PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY), INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
(b) Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIGH 5 PACKAGING AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDED PARTNERS, AND LICENSORS (A) ARE NOT LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER ARISING (INCLUDING NEGLIGENCE), AND (B) WILL IN NO EVENT BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM OR RELATING TO YOUR USE OF THE PRODUCTS AND SERVICES IN AN AMOUNT THAT EXCEEDS THE LESSER OF (I) U.S. $ 100.00 OR (II) THE AMOUNT INVOICED FOR THE PRODUCT OR SERVICE IN DISPUTE.
You agree to indemnify, defend, and hold High 5 Packaging and its subsidiaries, affiliates, officers, employees, agents, and co-branded partners harmless from any claims, damages, expenses (including reasonable attorneys’ fees), allegations, losses, and liabilities (collectively referred to as “the liabilities”) arising from or relating to (a) your purchase or use of the products and services and (b) a claim that any content, materials, or information that you designate for inclusion in a product violates intellectual property Rights, whether or not the liabilities arise in whole or in part out of high 5 packaging’s negligence.
6. Representations and Warranties.
You represent and warrant that (a) you are purchasing for your own internal use only and not for export or resale; (b) your purchase does not violate any laws, rules, regulations, or agreements to which you are a party; (c) any content, information, and materials that you designate for inclusion in a product does not violate IP Rights; (d) such material does not contain anything that is libelous or scandalous, or anything that threatens anyone’s right to privacy or other personal or economic rights; and (e) no copyright notice has been removed impermissibly from any material designated for inclusion in a product. You also acknowledge that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce the subject matter.
7. Returns and Refunds
High 5 Packaging is committed to customer satisfaction. We will reprint or refund the cost of any unused product that fails to meet our customers’ specifications. However, we cannot take responsibility for typing, image, or design errors introduced by customers in the document creation process.
High 5 Packaging hopes that you will be satisfied with the quality of our products. If you are not satisfied with any product, please contact Customer Support within 30 days of receiving your order:
By Email: email@example.com
By Phone: 800.950.7494
High 5 Packaging
7640 NE Airport Way Unit 55742,
Portland, OR 97238-9099
All matters relating to these Terms of Purchase are governed in all respects by the laws of the State of Texas, without reference to conflicts of law principles. If any portion of these Terms of Purchase is deemed unenforceable, that portion will be enforced to the maximum extent possible so as to effectuate the intent of the parties as reflected by that provision, and the remaining portions of these Terms of Purchase will be given full effect. High 5 Packaging’s failure to act in a particular circumstance, including any failure by High 5 Packaging to enforce or exercise any provision of these Terms of Purchase, does not waive the ability to act with respect to that circumstance or similar circumstances in the future. High 5 Packaging will be excused for any failure to perform to the extent that its performance is prevented by any reason outside of its reasonable control. No agency, partnership, joint venture, employment or franchise relationship is intended or created by these Terms of Purchase. These Terms of Purchase have no third-party beneficiaries and are not intended to confer any rights or benefits on any third party, including any of your employees or customers.