TERMS AND CONDITIONS
INTRODUCTION / WELCOME
Welcome to our website (“Site”). We are an independently owned and operated business licensed through Fortusis LLC and its family of print brands and make this Site available as a service to our customers. We do business as KKP, Kwik Kopy and Kwik Kopy Printing. In this website we are also referred to as “we”, “our”, “us” and “Seller”. We offer online printing, graphics, marketing and mailing services to artists, designers, businesses and a variety of other customers. We are Printing Experienced.
In the Terms and Conditions below, “you”, “your”, “User”, “Customer” and “Buyer” refers to the person, entity, or business visiting and utilizing this Site and purchasing our goods and services from us.
YOUR AGREEMENT TO OUR TERMS AND CONDITIONS
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING THIS SITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AGREE TO FOLLOW AND BE LEGALLY BOUND BY THE TERMS & CONDITIONS STATED BELOW AND FOUND ELSEWHERE ON THIS SITE. THE TERMS AND CONDITIONS APPLY TO ALL PRODUCTS AND SERVICES OFFERED THROUGH THE SITE AND ALL ORDERS THAT MAY BE PLACED BY YOU TOGETHER WITH ALL OF THE SITE’S RELATED TOOLS AND APPLICATIONS. IF YOU DO NOT AGREE TO THE TERMS & CONDITIONS STATED BELOW, YOU ARE EXPRESSLY PROHIBITED FROM REGISTERING OR USING THIS SITE IN ANY WAY.
WE MAY UPDATE OR MODIFY THESE TERMS AND CONDITIONS AT ANY TIME AND ARE IN EFFECT AS OF TIME OF POSTING. SUCH CHANGES ARE EXPRESSLY INCORPORATED BY REFERENCE AND DEEMED ACCEPTED BY YOU. IT IS YOUR RESPONSIBILITY TO REVIEW THE TERMS AND CONDITIONS PERIODICALLY AND STAY INFORMED OF SUCH CHANGES.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Anyone who chooses to access this Site from such locations is solely responsible for compliance with all applicable laws, if and to the extent such laws are applicable.
Neither is this Site intended to comply with industry-specific laws or regulations such as Health Insurance Portability and Accountability Act (HIPAA) so if your interactions would be subjected to such laws, you may not use this Site. This Site is not intended for users under the age of 18.
DISCLAIMER OF WARRANTIES FOR THIS SITE
THIS SITE IS PROVIDED ON AN “AS-IS BASIS”. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR, (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ANY LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES WHICH MAY APPEAR ON THIS SITE ARE ALSO PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
LIMITATIONS OF LIABILITY FOR THIS SITE
IN NO EVENT WILL WE OR OUR PRINCIPALS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OR AGENTS, REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, AND LICENSORS, INCLUDING BUT NOT LIMITED TO FORTUSIS, LLC, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR OTHERWISE, IN LAW OR IN EQUITY, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR DUE TO ANY DELAY OR INABILITY TO USE THIS SITE, OR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN U.S. AND STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless together with all of our respective principals, officers, directors, managers, employees, agents, representatives, affiliates, subsidiaries and licensors, including but not limited to Fortusis, LLC, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, costs and expenses, made by any third party due to or arising out of or related to in any way the: (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; (5) any overt harmful act toward any other user of the Site with whom you connected via the Site; or (6) arising from or related to any customer-submitted content. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. You also warrant you own the rights or have a license to use all images being reproduced as part of your order.
COPYRIGHT AND TRADEMARK ACKNOWLEDGEMENTS
You acknowledge that all content included on this Site, including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of ours or licensed to us. Reproductions or storage of Content retrieved from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
"KKP", “Kwik Kopy”, "Kwik Kopy Printing", and any and all other marks appearing on this Site are our trademarks ("Trademarks") or licensed to us. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without our prior written consent. The use of Trademarks on any other Web site or network computer environment is prohibited. The use of Trademarks as a "hot" link on, or to, any other website unless establishment of such a link is prohibited unless pre-approved by us in writing.
REGISTRATION OF YOUR ACCOUNT
By registering an account on this Site, you agree to all Terms and Conditions stated here and throughout the Site.
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.
SUBMITTING YOUR ORDER
You agree that you will not upload any artwork files consisting of the following material: offensive, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We have the right to refuse any order, which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.
You certify that you have the right to use the image(s) in your artwork files. All information, data, text, photographs, graphics, messages or other materials are your responsibility. By uploading your text and artwork you agree to be held entirely responsible for all the content that you send, upload, transmit, or post to us. You agree to comply with all applicable laws and regulations regarding online conduct and acceptable content.
You agree not to use our Website to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of us or any third party.
You agree that any products and services ordered are for your personal use only and not to use them or in connection with any prohibited or unauthorized advertising or promotional materials such as "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
We reserve the right to cancel or otherwise refuse print jobs it deems are obscene or offensive, including but not limited to pornographic materials and to charge the customer for services rendered up to the point that the job was cancelled.
You agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of service; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of KKP, its users and the public.
You agree not to send any "one-of-kind" transparencies, prints or artwork. We are not responsible for loss or damage of images or artwork.
You agree you are fully responsible for final proof and layout approval prior to the printing process. Any jobs that have been approved and/or or sent to press cannot be altered or changed, and no refund will be given. You agree not to hold us liable for errors in a final product caused for any reason including but not limited to misspelling, graphics, bleeds, grammar, damaged fonts, punctuation, wrong cuts, incorrect or missing folds, die lines, crop marks, transparency, overprint, cracks on folds, finished product size, poor orientation or alignment.
You agree that all designs created and revised by us are our sole intellectual property or licensed to us. Artwork will not be released to you unless there is a written agreement with payment provided to compensate us for releasing its intellectual property and/or transferring over copyright.
You agree that any individual establishing a registration on this Site, placing an order, and/or interacting with us concerning an order is authorized by the Customer/Buyer, entity or business to take such action and to contractually bind the Customer/Buyer, entity or business to these Terms and Conditions and placement of the order.
You agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. This includes but is not limited to communications relating to quotes and orders. You may withdraw your consent to receive communications from us electronically by notifying us in writing. However, if you withdraw your consent to receive our communications electronically, you must discontinue your registration and use of your account.
PRICING AND PAYMENT
All quotes and final prices are in U.S. Dollars. We reserve the right to change the price at any time prior to accepting your order.
You agree to fully pay all charges, including taxes and shipping/handling fees, by credit card or with an approved payment method purchase of any products or services at the time specified by us. We require your tax exemption certificate, if any, at the time of order. Any modification of payment terms, including the establishment of an account for payment, must be agreed in writing and signed by you and an authorized representative of KKP.
If your credit card is declined, we will not process your order. If the order is shipped and should your account become delinquent, you agree to pay a monthly finance charge of 2% (annual percentage rate of 24%), or the maximum allowed by law, whichever is the lesser, on the unpaid balance. If an account goes beyond the payment term's due date, unless specific arrangements are made, future purchases will require advance payment. In the event that we must commence legal action to enforce any terms of this agreement, you agree to pay reasonable legal fees and costs as well as pre and post judgment interest on the amount owed.
SHIPPING
Unless other arrangements are made at time the order is placed, we will arrange for shipping with the carrier on your behalf. You will be fully responsible for all shipping and handling costs. Our responsibility is limited to preparing your printing order and delivering it to the carrier for delivery. We will not be responsible for the delay in delivery, loss or damage of the order while the order is with the shipping carrier.
REFUNDS, CANCELLATIONS AND RETURNS
All sales are considered final. No cancellations or returns can be made once the order is processed and/or shipped. Any claims for defects, damages, or shortages must be made in writing within two (2) business days after receipt of the merchandise. We will replace only those orders that were processed incorrectly. Any replacement of the order will take place only after the receipt of returned merchandise. We will not replace the order if it is determined by us that the order was misused or mishandled by you or part of the order was used by the you and part of the order is being returned.
LIMITED WARRANTY, LIMITED LIABILITY OF YOUR ORDER
IN NO EVENT WILL WE, OR OUR PRINCIPALS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OR AGENTS, REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, AND LICENSORS, INCLUDING BUT NOT LIMITED TO FORTUSIS, LLC, BE LIABLE IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE) FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHER DAMAGES WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. NEITHER WILL WE, OR OUR PRINCIPALS, OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, OR AGENTS, REPRESENTATIVES, AFFILIATES, SUBSIDIARIES, AND LICENSORS, INCLUDING BUT NOT LIMITED TO FORTUSIS, LLC, BE RESPONSIBLE FOR ANY LOSS, COST, EXPENSE OR DAMAGE, ON ACCOUNT OF CLAIMS, DEMANDS, ACTIONS OR PROCEEDING THAT MAY BE INSTITUTED AGAINST ANY OF US ON GROUNDS ALLEGING OUR GOODS AND SERVICES VIOLATED COPYRIGHT, TRADEMARKS OR BREACH OF PRIVACY OR OTHER PERSONAL RIGHTS. UNDER ANY CIRCUMSTANCES, THE MAXIMUM OF OUR ENTIRE LIABILITY TO YOU FOR BREACH OF, OR ARISING OUT OF PROVIDING THE GOODS AND SERVICES HEREUNDER, IS LIMITED TO A REFUND OF THE FEES PAID FOR THE PRODUCT OR SERVICE THAT GAVE RISE TO THE CLAIM. IN NO EVENT SHALL WE BE LIABLE FOR YOUR COST OF PROCURING SUBSTITUTE GOODS.
NEITHER WILL WE BE LIABLE FOR THE DELAY AND/OR DAMAGES RESULTING FROM MATTERS OF “FORCE MAJEURE” INCLUDING BUT NOT LIMITED TO MACHINERY BREAKDOWN, EPIDEMIC, PANDEMIC, ACTS OF GOD, AND FROM OTHER ACTIONS, BOTH GOVERNMENTAL AND OTHERWISE, INCLUDING BUT NOT LIMITED TO WAR, RIOT, SEIZURE, AND EMBARGO. THE TOOLS AVAILABLE ON THE WEBSITE ARE OUR PROPERTY OR LICENSED TO US.
INDEMNIFICATION FOR YOUR ORDER
You agree to defend and hold us and our principals, officers, directors, managers, employees, or agents, representatives, affiliates, subsidiaries, and licensors, including but not limited to Fortusis, LLC harmless in any claim, suit or action brought against us by others for alleged damages, costs, expenses (including reasonable attorney's fees), liabilities or losses resulting from circumstances where we, acting as your agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in our sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a claim, suit or action brought against us for actions of your employees which may occur as a result of any mailing.
ENTIRE AGREEMENT
The Terms and Conditions found on this Site (found in this formal statement and elsewhere on this Site), together with the Privacy Policy also located on this Site constitute the entire agreement (collectively, the "Agreement") between you and us relating to this Site and your order, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired.
GOVERNING LAW AND JURISDICTION
The internal laws of the state where we are located and with which you are transacting business shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the courts located within that state for all disputes arising out of, or relating to, the Terms and Conditions and use of this Site.
