This Agreement is between Egrafa, Inc. d/b/a printMe1.com ("Egrafa") and Customer. printMe1.com is an automatic printing service. Please do not attempt to print pdf files that you do not have the authority to lawfully print as either the owner or licensee. Customer must have all rights necessary to allow Egrafa to reproduce the materials, prepare derivative works of the materials in any and all forms, distribute the materials and to display the materials.
1. Service. Egrafa provides quality printing services. Egrafa agrees to deliver printed material to Customer that has been uploaded by the Customer as long as Customer has consented to this Agreement, Customer abides by the terms and conditions stated in this Agreement and on printme1.com and affiliated web sites, and the material is not objectionable, in the sole discretion of Egrafa.
2. Permission. Customer shall not upload material that Customer is not authorized to allow Egrafa to reproduce the material, prepare derivative works of the material in any and all forms, distribute the material and/or display the material.
3. Review by Egrafa. If Egrafa has any doubt whether Customer is the owner or license of the material that Customer submitted to Egrafa and/or whether Customer is authorized to allow Egrafa to reproduce, prepare derivative works of, distribute and/or display the material submitted to Egrafa, Egrafa may refuse to provide services to Customer, in the sole discretion of Egrafa.
4. Customer agrees to pay for the printing services according to the terms stated on the printme1.com and affiliated web sites.
5. Authorization. By clicking to agree to this Agreement and/or by requesting that material be printed by Egrafa, Customer represents that Customer is authorized to allow Egrafa to reproduce the materials, prepare derivative works of the materials, distribute the materials and to display the materials that Customer has downloaded.
6. Terms and Conditions. Customer agrees to abide by all terms and conditions stated in this Agreement and on printme1.com and affiliated web sites.
7. Warranty. EGRAFA MAKES NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY OF ANY KIND OR NATURE WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WHICH ARE EXPRESSLY DISCLAIMED. CUSTOMER ACKNOWLEDGES THAT EGRAFA HAS NOT REPRESENTED OR WARRANTED THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, BUG FREE OR WITHOUT DELAY. CUSTOMER MAY HAVE OTHER LEGAL RIGHTS, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
8. Limitation of Liability. In no event shall Egrafa's liability for damages exceed the amount of money paid by Customer to Egrafa under this Agreement. EGRAFA SHALL NOT BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT, OR OTHER THEORY TO THE CUSTOMER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING OUT OF EGRAFA'S PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT, EVEN IF EGRAFA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER MAY HAVE OTHER LEGAL RIGHTS BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY.
9. Indemnity. Customer will defend and indemnify Egrafa and hold Egrafa harmless from and against any and all claims, actions, proceedings, judgments, losses, liabilities, costs and expenses (including attorney fees and expenses) arising out of, describing, or relating to Egrafa’s services and/or printme1.com and affiliated web sites.
10 No Waiver. The failure of Egrafa to insist in any one or more instances upon the performance of any term, obligation or condition of this Agreement by Customer shall not be construed as waiving such term, obligation, condition or any other term, obligation, or condition.
11. Governing Law. This Agreement is governed by the laws of the Commonwealth of Pennsylvania without regard to any conflicts of laws provisions thereof. The United Nations Convention on the International Sale of Goods shall not apply.
12. Jurisdiction. Any legal claim Customer may present against Egrafa shall be presented only in a state or federal court for Altoona, Pennsylvania and Customer consents to the jurisdiction of such courts.
13. Survival. Paragraphs 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13. 14 and 15 shall survive the termination of this Agreement.
14. Entire Agreement. This Agreement and the terms on printme1.com and affiliated web sites constitute the entire agreement between Customer and Egrafa. Tshis Agreement may only be modified in a written document that is signed by the duly authorized representatives of both Customer and Egrafa.
15. Electronic signatures shall have the same force and effect as if they were original signatures.
By using this site to purchase printed materials, Customer consents to the above Agreement and the terms stated on the printme1.com and affiliated web sites.