Terms of Use – EXTRA MILE COLOR PRINT MARKETING

ACCEPTANCE of TERMS of USE

PLEASE READ THESE TERMS of USE CAREFULLY.
We reserve the right to make changes to this Site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this Site.
These Terms of Use govern your access and use of this website and mobile sites (collectively, the “Site”) as well as the provision and sale of products and services by Extra Mile Color Print Marketing Inc. or alternate website URLS (extramileprinting.com ; extramileprinting.ca). By accessing or using this site and any related software tools, applications or any other service(s), 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 products or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. By using this Site on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these Terms of Use on its behalf and to bind such business, organization, or entity to these Terms of Use.

Every offer of a product and/or service on this Site as well as every transaction, order and agreement that is concluded through our Site is governed by our Terms of Use. The applicability of any terms and conditions of the customer or any third party on behalf of the customer is expressly dismissed and shall not apply, even if we have not specifically rejected them.

You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our option, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

PRICING

Prices and billing transactions on our Canadian site (Extramileprinting.ca) are in Canadian Dollars
Prices and billing transactions on our US site (Extramileprinting.com) are in US Dollars
Prices posted on this site include shipping costs within the continental USA
Prices assume printing from customer supplied “print-ready” files in PDF format. Click here for “print-ready” file specifications
Artwork creation and/or revisions, including modifications to customer supplied files, are billed extra at $95.00/hr with a $25.00 minimum charge per revision/proof

PROOFING

PREVIEW YOUR DESIGNS CAREFULLY and correct any mistakes PRIOR to placing your order or BEFORE APPROVING YOUR DIGITAL PROOF.
Note: WE DO NOT VISUALLY PROOF documents created by customers prior to processing.
We DO NOT supply proofs for customer supplied “print-ready” PDF files that pass our pre-press inspection process.
APPROVING YOUR PROOF releases us from all responsibility for any errors or omissions found afterwards.

SHIPPING:
We want your experience with Extra Mile Color Print Marketing Inc. to be as easy as possible.
That’s why we INCLUDE FREE SHIPPING to most major centers in the Continental USA in our prices.
This way you know your TOTAL cost right away and there are no surprises when you reach the checkout stage.

Shipping is normally 1-2 days by UPS or PUROLATOR ground.
Items may also be shipped by USPS Parcel Post – depending on weight, at our option.
NOTE – we DO NOT SHIP TO PO BOXES or to some remote areas.

Call for shipping rates if your US shipping address is outside the Continental USA (such as Alaska, Hawaii, etc.) or if you have any questions about shipping to your location.

LIABILITY

We DO NOT guarantee print turnaround times or delivery dates and do not offer a refund for missed delivery dates.
While we do all we can to meet customer requirements, there are too many variables outside of our control to allow us to reliably make such promises.
Liability for Special, Incidental, Indirect or Consequential damages …
In no event shall Extra Mile Color Print Marketing Inc. or its officers, directors, 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 we have been advised of the possibility of damage arising out of or in connection with the use or performance of this site, or products or services sold thereon, or the failure to provide products or services that you order from us, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall we be liable or responsible for any damages or consequences arising from or related to any inappropriate or unauthorized use of this site or its content, supplied products or services.

SATISFACTION GUARANTEE

Our Satisfaction Guarantee is good for 30 days following the date of your purchase. If you request a refund, the time it takes for your refund to arrive may depend on your bank. In most cases, you should receive your refund within 30 days. Certain circumstances are beyond our control and may not be covered by the Satisfaction Guarantee.
Please note that we cannot be responsible for:
Spelling,
Punctuation,
Grammatical errors made by the customer,
Inferior quality or low-resolution of uploaded images,
Design errors introduced by the customer in the document creation process,
Errors in user-selected options such as choice of finish, quantity or product type,
Damage to the products arising after delivery to the customer.

Standard for Electronic Transactions
We are governed by, and are obligated to comply with, and fully support the spirit of CASL – Canada’s Anti Spam Legislation for Electronic Transactions.
This legislation generally prohibits companies from:

sending commercial electronic messages, to an electronic address, without your consent (permission). This includes emails, social networking accounts and text messages – exceptions for existing business or customer relationships apply;
alteration of transmission data in an electronic message, in the course of a commercial activity, which results in the message being delivered to a different destination without your express consent;
installing computer programs, in the course of a commercial activity, without the express consent of the owner or user (e.g., an authorized employee) of the computer system;
promoting products or services online using false or misleading representations;
collecting personal information by accessing a computer system or electronic device illegally (i.e., in violation of federal law, such as the Criminal Code of Canada); and
collecting or using electronic addresses using computer programs without your permission (this is known as ‘address harvesting’).

There are three government agencies responsible for enforcement of the law. The law allows:

The Canadian Radio-television and Telecommunications Commission (CRTC) to issue administrative monetary penalties for violations of the anti-spam law.
The Competition Bureau to seek administrative monetary penalties or criminal sanctions under the Competition Act.
The Office of the Privacy Commissioner to exercise powers under the Personal Information Protection and Electronic Documents Act.

As of June 7, 2017, the sections that deal with the private right of action have been suspended.

Copyrighted Materials for Limited Use

This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Extra Mile Color Print Marketing Inc. or the copyrighted property of parties from whom we have licensed such property. All rights in this 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. Extra Mile Color Print Marketing Inc. reserves the right to add to, delete from, or modify any part of Content at any time without prior notice. Any modifications to Content, whether by You or Us remain the property of Extra Mile Color Print Marketing.

Use of this Web Site

You are granted permission to access and use this 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 this 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 reserve the right, in Our sole discretion, to refuse to accept any content provided by you to Us or to process any order at any time and for any reason. We may also terminate Our service to and/or the accounts of customers found to be using Us to engage in undesirable activities or otherwise violating these Terms of Use. You agree that We shall have no liability of any kind to you or to any third party arising from such refusal or termination.
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 grant Us the right to copy, modify, distribute, use, create derivative works of and vectorize any content you have uploaded for the purpose of fulfilling your order and/or marketing products or services to you. Moreover, you warrant that you have sufficient rights to permit Us to copy, distribute, use, modify, create derivative works of and vectorize any uploaded content for the purpose of fulfilling your order and/or marketing products or services to you.
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
The customer agrees that the risk of loss and title for any printed product pass to you upon our delivery to our carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees 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 the customer or (b) at the time we transmit a notification to the customer that the Product is available for downloading from the Site.

Indemnification
You agree that you shall indemnify Us and all parties from whom We have licensed portions of Content, and their directors, officers, 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 that was not part of the standard Site Content and that you uploaded or otherwise provided to Us or incorporated into Products. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.

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 MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. WHILE WE MAKE REASONABLE EFFORTS TO ACCURATELY DISPLAY THE ATTRIBUTES OF PRODUCTS, WE DO NOT WARRANT THAT PRODUCT DESCRIPTIONS ARE ACCURATE, RELIABLE AND ERROR-FREE.

Privacy and Security of Data Collected

We may collect personal data from site visitors as required to fulfill information requests as well as process orders, payments and provide order progress messages.

We DO NOT sell, rent or otherwise share user information with parties not directly involved in the operation of our website.

We DO NOT record credit card information on this site. STRIPE is our sole authorized credit card payment processor and is one of the world’s largest and most trusted processors. Stripe has been audited by a PCI-certified auditor and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available in the payments industry. To accomplish this, Stripe uses the best-in-class security tools and practices to maintain their high level of security.

All Extra Mile and Stripe publicly accessible websites force HTTPS secure connections for all services using TLS (SSL).

All credit card numbers are encrypted by Stripe at rest with AES-256. No credit card information is stored or accessible on any Extra Mile website. Stripe uses decryption keys that are stored on separate machines. None of Stripe’s internal servers and daemons can obtain plaintext card numbers but can request that cards are sent to a service provider on a static allowlist.

Stripe’s infrastructure for storing, decrypting, and transmitting card numbers runs in a separate hosting environment, and doesn’t share any credentials with Stripe’s primary services (API, website, etc.).

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 Extra Mile Color Print Marketing Inc.. 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 We shall be free to use such information on an unrestricted basis.

Governing Law
The party you are contracting with and the seller of the products and services offered and sold on this Site is Extra Mile Color Print Marketing Inc., a limited liability company organized under the laws of Canada with its headquarters in Walkerton, Ontario, Canada. All issues related to the protection, infringement, or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America or Canada, as appropriate. All other matters relating to your access to or use of this Site shall be governed by the laws of Canada. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Walkerton, Ontario, Canada. You agree to submit to the jurisdiction of courts sitting in Walkerton, Ontario, Canada and agree that venue in these courts is proper in any such legal action or proceeding. You also agree that you not to assert in any legal action or proceeding involving Extra Mile Color Print Marketing Inc. that a court sitting in Walkerton, Ontario, Canada is an inconvenient forum for such legal action or proceeding.