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Web site terms and conditions of use

The following terms and conditions govern your use of the NHS Print.com web site and other services which may be offered from time to time by NHS Print, Inc. (each feature individually and collectively referred to as the "Service"). Please read them carefully.

The Service is offered to you ("You" or the "User") conditioned on your acceptance, without modification by You, of the terms, conditions, and notices contained herein (the "TOS"). The TOS may be modified from time to time by NHS Print in its sole discretion, and You are responsible for keeping informed of these changes.

1. Guarantee/Return Policy
NHS print guarantees 100% satisfaction. We want you to be completely satisfied with every item you order from us. If you are not, we will do everything in our power to make you a happy customer. Depending on your specific needs we may reprint your order in full or part, apply a discount on your next order, issue a file credit or in some cases issue a return merchandise credit and refund your money. Our goal is to have you as a customer for life! Please be aware that all merge and mail services must be proofed prior to mailing. It is not possible for nhs print to refund postage or re-mail product, so please proof carefully. Orders may only be refunded/exchanged/reprinted if the product contains an error that is proven to be ours. Please be aware once your approval is given NHS print can not be held responsible for any errors including but not limited to spelling, phone numbers,dates, addresses and any text submitted or provided. Reprints/refunds must be made within 30 days of your original order. A request to cancel should be done by phone (Contact Us) to prevent the job from moving forward in the production process. Because we personalize all products, orders cannot be canceled after the printing phase of your order has begun. Please consider that our cards are designed by real people, who use their talents and spend the time necessary to create each order.

All requests for cancellations after an email proof, fax proof, or the approval of the artwork are subject to a minimum cancellation fee of (15% of the order).

If you fail to submit your proof response (for any reason) within 21 days after your order is placed, you will be charged a design/cancellation fee of $20 for the initial proof, plus $5 for each proof revision, solely for the purpose of covering the time necessary to prepare your card.

2. User Privacy
It is NHS Print's policy to respect Your privacy. NHS Print will not monitor, edit, or disclose any personal information about You or your use of the Service, including its contents, without your prior permission unless NHS Print has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of NHS Print; (3) enforce the TOS; or (4) act to protect the interests of its Users or others. NHS Print may provide certain user information in aggregate form to third parties, including its advertisers, for demographics and other purposes. In addition, your Internet Protocol address is transmitted with each message sent from your account. For more information, see the NHS Print Privacy Statement.

3. User Conduct
As a condition of your use of the Service, You warrant to NHS Print that You will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

The Service is provided to You for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Service. Any unauthorized commercial use of the Service, or the resale of the Service, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for Your acts or omissions. And NHS Print reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

4. Links To Third Party Sites
The Links Included Within The Service May Let You Leave The Service Web Sites ("Linked Sites"). The Linked Sites Are Not Under The Control Of NHS Print And NHS Print Is Not Responsible For The Contents Of Any Linked Site Or Any Link Contained In A Linked Site, Or Any Changes Or Updates To Such Sites. NHS Print Is Not Responsible For Webcasting Or Any Other Form Of Transmission Received From Any Linked Site. NHS Print Is Providing These Links To You Only As A Convenience, And The Inclusion Of Any Link Does Not Imply Endorsement By NHS Print Of The Site Or Any Association With Their Operators.

5. Disclaimers/Limitation Of Liability
The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. NHS Print and/or its respective suppliers may make improvements and/or changes in the Service at any time. NHS Print does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. NHS Print does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.

You specifically agree that NHS Print shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that NHS Print is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that NHS Print is not responsible for any content included in the Service by any third party.

NHS Print AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NHS Print AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL NHS Print AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NHS Print OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.

6. Indemnification
You agree to indemnify and hold NHS Print, its subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Service.

7. Termination
NHS Print may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

8. Participation In Promotions Of Advertisers
Any dealings with Advertisers on the Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the Advertiser or other third party. NHS Print shall not be responsible or liable for any part of any such dealings or promotions.

9. Proprietary Rights To Content
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by NHS Print, or NHS Print's Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service and its associated Web sites, including code and software.

10. Modifications To Terms Of Service
NHS Print reserves the right to change the TOS or policies regarding the use of the Service at any time and to notify you by posting an updated version of the TOS on this Web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.

11. General
This agreement is governed by the laws of the State of Massachusetts, and the United States of America. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NHS Print as a result of this agreement or use of the Service. NHS Print's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of NHS Print's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by NHS Print with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and NHS Print with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and NHS Print with respect to the Service. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and NHS Print agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

12. Language
It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

Copyright And Trademark Notices: All contents of the Service are: Copyright (c) 2005 NHS Print, Inc. and/or its suppliers, c/o NHS Print, Inc., U.S.A. All rights reserved.

Trademarks. NHS Print and/or other NHS Print products and services referenced herein are either trademarks or registered trademarks of NHS Print. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.