Acceptance of Terms of Use

Please read these Terms of Use carefully. These Terms of Use govern your access and use of this Site. By accessing or using this Site 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 sections or services of this Site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use.

SendPurls.com reserves 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.

You also 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. 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.

Standard for Electronic Transactions

SendPurls.com is governed by and is obligated to comply with United States Standard for Electronic Transactions.

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 Direct Print Corporation, and/or its subsidiaries (referred to herein as “SendPurls.com”) or the copyrighted property of parties from whom SendPurls.com has 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. SendPurls.com reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.

Use of 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 SendPurls.com (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 SendPurls.com does not entitle you to use any portion of Content apart from the finished Products as they are supplied by SendPurls.com.

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. SendPurls.com may terminate its service to customers found to be using SendPurls.com to engage in undesirable activities.

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 SendPurls.com to produce the Products on your behalf.

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 shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Indemnification

You agree that you shall indemnify and defend SendPurls.com and all parties from whom SendPurls.com has 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 you incorporated into Products that was not part of the standard Site Content.

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 MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

Limitation of Liability

IN NO EVENT SHALL SendPurls.com OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR 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 SendPurls.com HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM SendPurls.com OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL SendPurls.com BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.

CHANGE ORDERS

If a Change is made to an existing order that results in a credit, a Fee will be charged in the amount of 10% of total credit amount, to cover transaction costs related to this credit. A promo code for the full value of the credit can be issued in lieu of a credit, upon request and prior to the credit processing date.

ORDER CANCELLATION

Orders placed can not be cancelled once the order has been processed through Pre-press and the order status of "Sent to Print" has been posted. The order is then Ready to Schedule for Printing and our automated order processing system cannot accept any changes.

Cancellation fees will be calculated based on the age of the order and whether a proof was created. Age will be calculated in calendar days from the date the order was placed.

Age in Calendar Days And Fee

• 0-30 days 10%
• 31-60 days 25%
• 61-90 days 50%
• 91+ days No Refund

We will automatically cancel any orders that remain in the same status for 90. You will not get a credit but upon request may get a promo code for the entire dollar amount of the order.

The cost of proofs plus administrative fees (calculated in the above table) will be subtracted from the total refund.

RETURNS AND REFUNDS

Customer orders have no re-sale value. Therefore, ALL SALES ARE FINAL. If the error is verifiable due to SendPurls.com, we will re-print the order at our cost. Any defect/s discovered in your shipment must be reported to SendPurls.com within 10 days of your order's receipt. To qualify for a free replacement order, you must return your entire product (at your own expense) within 15 days from the time the product was delivered. All Charges related to expedited orders (rush printing or shipping) are NON REFUNDABLE UNLESS UPS FAILS DELIVERY OR DELIVERS DAMAGED PRODUCT. ANY CREDIT DUE WILL BE PROCESSED WITHIN 4 to 6 WEEKS. If a change is made to an existing order that results in a credit, a processing fee equal to 10% of total credit amount will be charged to cover transaction costs related to this credit. Upon request a promo code for the full value of the credit can be issued in lieu of a credit, if we are contacted prior to the credit processing date.

SHIPPING AND DELIVERY OF PRODUCTS

SendPurls.com will always strive to avoid any delays in production or shipping, however, we will not be held responsible for any consequences or damages due to delayed production or delivery. Our shipment and delivery dates are based upon estimates provided by our shipment suppliers. SendPurls.com will not be responsible for delays in shipments due to shipping company delays, international customs issues, weather conditions or any other circumstances beyond our control. SendPurls.com will strive to ensure that all delivery schedules are met in a timely manner. There will be an additional charge if any changes to the shipping address must be made after the order is placed.

However, unexpected production or shipment delays may occur as a result of technical problems or equipment malfunction or failure. Rush charges/fees will be refunded or waived by SendPurls.com, where applicable, for a delay caused by technical difficulty. However, order cancellations will not be allowed due to technical difficulty.

SHIPPING ERRORS & LOST PACKAGES

In order to file a lost or damaged claim the following must apply:

Claims can only be placed within 30 days from package shipment. SendPurls.com cannot be held responsible for shipping errors, delays or lost or damaged products due to 3rd party errors. In the case that a customer supplies the wrong address causing a package not to be delivered on time, SendPurls.com will reship the package (to the corrected address) with an additional shipping fee for the re-shipment.

LIMITATIONS & LIABILITY:

OUR LIABILITY IS LIMITED UP TO THE TOTAL AMOUNT OF YOUR ONLINE PURCHASE (AT THE SPECIFIC TIME AND DATE OF YOUR PURCHASE) AND SHALL NOT INCLUDE ANY CONSEQUENTIAL DAMAGES OR DAMAGES FOR PROFIT LOSS. WE HAVE THE RIGHT TO HOLD CUSTOMER PROPERTY (a lien) AS SECURITY FOR UNPAID BILLS.

SendPurls.com reserves the right to refuse service to any party for any reason it deems fit.

RETURNED CHECKS

Does not apply to orders placed through website.

TAX EXEMPTION:

You must have a re-sale certificate on file with SendPurls.com.

OFFICE HOURS AND OBSERVED HOLIDAYS

Office hours are Monday-Friday from 9 AM to 4 PM PST, excluding observed holidays.

The following holidays are observed as business holidays.
All operations as well as Customer Service are closed on these days.

Holidays are excluded from Turn Time.

• New Year's Day
• Memorial Day
• Independence Day
• Labor Day
• Thanksgiving Day, and Friday following Thanksgiving
• Christmas Day

We are not responsible for lost or non-delivered mail. The U.S. Postal Service does not track mail. Our responsibilities end when the U.S. Postal Service accepts your mailing from us. We will have a proof of mailing statement (3602-R for standard class, 3602-NP for the Non-Profit and 3600 for first class mail.) that can be faxed to you upon request. First Class mail takes 1 - 5 days (average) to reach its destination. Standard Class and Non Profit mail take 7 - 20 days (average) to reach its destination. The U.S. Postal Service will not give a refund on postage for non-delivered mail. We are not responsible nor do we guarantee a response to your mailing. Industry average is a 1 - 2% response rate. Your results may vary.

We understand that your list is privileged and confidential. It will not be used or sold for any purposes other than your mailing. Upon request we may archive your list but will not be held responsible of system failure. You should always have a copy of your list with you.

In the event of a mistake or error, we will only accept liability up to the cost of goods and services provided. By using our services we will not accept liability for any loss of revenue, business or implied damages.

PAPER STOCK POLICY

In order to maintain the most competitive print prices, we must utilize a number of paper stock sources and paper mills. We reserve the right to change our paper suppliers as necessary to assure you the best quality paper stocks available at the industry’s most competitive prices. We will make every effort to assure our online paper stock offerings remain consistent, reliable and predictable over time. However, we cannot control or be held accountable for paper production variances caused by independent paper mills and sources which are beyond our control. Although the stated weights of our featured paper stocks will remain constant, there could be a slight difference in caliper, brightness or texture. Slight differences may or may not be evident when printing the exact same project, on the exact same selected paper stock, and using the exact same art file but ordered and printed on a different date. For example, you order a print project today (we’ll call it XYZ Flyers project) and you order it printed as 4/0 on 70 lb. Opaque Offset Smooth (Recycled). Three months from today, you place the exact same order, exact same art, same named paper stock, same project (XYZ Flyers). When you receive the project, you notice a slight difference in the paper stock (be it caliper, brightness or texture). The slight difference will be within print industry standards for paper stock and mill industry tolerance levels (very similar to slight dye lot variations common in the carpet or fabric industry). We will not be held personally responsible or accountable, in any way, for these slight differences. Our position is a common print industry policy with regard to paper stock grades, paper mills and the varying slight differences from one source or mill to another concerning like weight and like named paper stocks purchased from different manufacturing resources.

Site Feedback

Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to SendPurls.com in connection with the operation or content of this Site shall be provided by the submitter and received by SendPurls.com on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of SendPurls.com. By submitting any such information to SendPurls.com, 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 SendPurls.com shall be free to use such information on an unrestricted basis.

Governing Law

SendPurls.com is based in Laguna Beach, California. Issues related to the protection, infringement or misuse of copyrighted materials shall be governed by the copyright laws of the United States of America. All other matters relating to your access to or use of this Site shall be governed by the laws of California. Any legal action or proceeding relating to or arising from your access to or use of this Site shall be instituted in Laguna Beach, California. You agree to submit to the jurisdiction of Laguna Beach, California courts and agree that venue in these courts is proper in any such legal action or proceeding.

Privacy Policy

SendPurls.com recognizes the importance of maintaining your privacy. We value your privacy and appreciate your trust in us. This Privacy Policy applies to current and former visitors to our website and to our online customers. By visiting and/or using our website, you agree to this Privacy Policy. This Privacy Policy explains the information practices that apply to personally identifiable information that we collect about you as an individual when you visit and/or use our website. Any information that we collect about you while you are visiting or using our website will be handled in accordance with this SendPurls.com Privacy Policy and will not be shared except in accordance with this SendPurls.com Privacy Policy. This Privacy Policy does not apply to information about you collected by our affiliates or third party websites that may post links or advertisements on or otherwise be accessible from the SendPurls.com website. The information collected by these affiliates or third party websites is subject to their own privacy policies.

Information We Collect:

This section of our Privacy Policy describes the categories of information collected by SendPurls.com. You have the option not to provide information, however, withholding information may prevent you from being able to use some of our website features.

Information Collected Automatically:

Whenever you visit our website, we automatically collect some information about your transactions with us, and your use of our website. For example, we automatically collect your IP address, for SendPurls.com internal use only, such as to help us diagnose problems with our server and administer our website. We also automatically track certain information about your activities on our website such as the type of web browser you are using and click stream data. If you are a registered SendPurls.com customer, we use this information to do internal research on your interests and to help us better understand and serve you.

Information You Send To Us:

If you choose to provide us with personal information, such as by sending us an e-mail or by filling out a form with your personal information and submitting it to us through our website, we collect the personal information that you provide to us. For example, if you register or sign up for an account with us, we collect your name, e-mail address, and password. If you place an order with us, we collect the personally identifiable information that you provide to us such as your shipping, billing, and payment information.

From time-to-time SendPurls.com may give you the opportunity to participate in contests or surveys on our website. If you participate, we will request certain personally identifiable information from you. Participation in these surveys or contests is completely voluntary and you therefore have a choice whether or not to disclose this information.

Information About Your Transactions With Us:

In addition, we collect your order information, purchase and payment history.

Use and Disclosure of Information:

We use the information that we collect about you to maintain, improve, and administer our website, operate our business, provide products and services that you request, administer your account, inform you about products and services that might be of interest to you, and personalize your online experience. In order to carry out certain business functions, such as order fulfillment, e-mail delivery, or marketing, we sometimes hire other companies to perform services on our behalf. We may disclose personally identifiable information that we collect about you to these companies to enable them to perform these services, but they are required to safeguard the data and are not authorized to use it for any other purpose than completing their contractual requirements to SendPurls.com.

We may also disclose information we collect about you in other circumstances as required or permitted by law. For example, SendPurls.com reserves the right to disclose personally identifiable information, including account information, when we believe such disclosure is appropriate to cooperate with an investigation of activities claimed to be unlawful, to enforce our Terms of Use, or to protect the rights or property of SendPurls.com or others. In addition, it is possible that in the future another company may acquire SendPurls.com or its assets. It is also possible that SendPurls.com may partner with or purchase another company to continue to do business as a combined entity. In the event that this occurs, it is possible that our customer information may be transferred to the new business entity as one of SendPurls.com’s assets. In such an event, we will update this policy to reflect any change in ownership or control of your personal information.

Sharing Information With Others:

We will not share your personally identifiable information, such as your e-mail address or name, with unaffiliated organizations for them to use to inform you about their or other companies’ products and services. We may still share personally identifiable information about you with other companies as permitted or required by law.

Communications from SendPurls.com:

If you do not want to receive e-mails from SendPurls.com about products and services that may be of interest to you, simply contact Customer Care at care@SendPurls.com. Please be sure to provide your exact name and e-mail address. Even if you choose to be placed on one of these lists, we may still communicate with you using any of these methods regarding your use of our website, your orders or your account.

Deactivation of Your Account:

You may also request deactivation of your SendPurls.com account by contacting Customer Care at care@SendPurls.com or by writing to the address below and requesting account deactivation. Please note that some information may remain in our archived records after your account has been deactivated.

SendPurls.com Address for Written Requests:

If you choose to indicate your preferences by mail, please be sure to include your exact name, mailing address, telephone number and specific preferences and send your written requests to the following address:

SendPurls.com
Customer Care
1100 South Coast Hwy #208
Laguna Beach, CA. 92651
USA

How to Manage Your Account:

If you wish to change your name, e-mail address, password, communication and/or opt-in preferences after you have registered, you can access your account by logging into My Account. You may also request these changes by e-mailing care@SendPurls.com or calling Customer Care at 1-877-753-0885.

Website Security:

We maintain physical, electronic, and procedural safeguards designed to help us protect your nonpublic personal information. For example, we use Secure Socket Layer (SSL) technology to encrypt your credit card information when you purchase products through our website. When you establish an account at SendPurls.com, you choose a password to help protect your account information. A password is only as strong as you make it: you should select a unique password and keep it safe. SendPurls.com authorizes only those persons who need to know personal information to administer your account, to provide or inform you about products and services, or to maintain, improve or administer our website to access your personal information.

Problems Signing In:

Our sign-in process is designed to help protect your privacy. If you have trouble signing in to our website, please ensure that you are using your registered e-mail address and/or correct password. If you are using your registered e-mail address and correct password, and you continue to have trouble signing in to our site, please contact Customer Care care@SendPurls.com or calling Customer Care at 1-877-753-0885.

Order Confirmation:

SendPurls.com sends an e-mail notice confirming acceptance of each order you place to the e-mail address you provided to us when signing up for a SendPurls.com account. If you receive a confirmation for an order you did not place, please e-mail us immediately at Customer Care.

Changes to this Privacy Policy:

SendPurls.com may revise this policy from time to time by posting a revised policy on our website. We reserve the right to modify this privacy statement at any time, so please review it frequently.