Welcome. This is a legal contract between you, the User, and RSA Print, so read it carefully. RSA Print is willing to establish and/or maintain a relationship with you, the User, only on the condition that you, the User, accept this contract.
THESE TERMS OF USE ("TOU") ESTABLISH THE OBLIGATIONS, PROMISES, AND TERMS TO WHICH YOU, THE USER, AGREE AND ARE BOUND. BY COMPLETING THE SIGN-UP FORMS FOR RSA Print, OR USING THE RSA Print SITE, OR BECOMING A RSA Print SUBSCRIBER, YOU, THE USER, ACCEPT ALL ASPECTS OF THE TOU. EACH TIME YOU, THE USER, ACCESS OR USE THE RSA Print WEB SITE OR REQUEST OR ACCEPT ANY INFORMATION, GOODS, SERVICES, PRODUCTS OR CONTENT FROM RSA Print, YOU, THE USER, UNDERSTAND AND AGREE THAT YOU, THE USER, ARE ACCEPTING, AFFIRMING OR RE-AFFIRMING THE THEN EXISTING TOU. EXCEPT AS OTHERWISE PROVIDED HEREIN, THESE TOU APPLY TO EVERY USER. CAPITALIZED TERMS ARE DEFINED IN APPENDIX 1 WHICH IS INCORPORATED BY REFERENCE, AS IF FULLY SET FORTH HEREIN.
1. THE RSA Print WEBSITE
RSA Print is an independent Web based communications venue that allows Companies to market their services to customers and prospects using the Internet. The customers or prospects thereafter may choose to contact any of the Companies, if the customer or prospect so wishes. The Customer or prospect can request further information, ask questions or negotiate costs. Companies and their supervising broker are free to determine the fees they charge a Customer or prospect.
2. PARTICIPATION
Terms are subject to change without notice.
3. INFORMATION
Each User agrees to be solely responsible for the User's own Information, and understands, accepts and/or provides advance consent to the full extent necessary to allow RSA Print to act as a conduit of said Information without incurring liability of any kind or nature.
Notwithstanding the foregoing, Information: (a) shall not infringe RSA Print's or any third party's contract, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law, statute, ordinance or regulation (including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or advertising); (c) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing, or include threats, hate speech, vulgarity, obscenity, pornography, adult or otherwise inappropriate material; (d) shall not contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (e) shall not promote information, good, content, service or any product that you do not have a right to link to or include. Furthermore, a User may not post on RSA Print's Web site or offer through our RSA Print any: (f) information, good, content, service or product that could cause RSA Print to interfere with any contract or rights of any person, or violate any applicable law, statute, ordinance or regulation, or otherwise incur liability of any type or nature, or (g) any information, good, content, service or other product that you are not legally or contractually permitted to perform, provide or promote under applicable laws or regulations, or any impermissible activity, including practices or promotions that might or do compete with RSA Print now or in the future.
To the full extent necessary to enable RSA Print to access or otherwise use Information without liability, the submitting User grants RSA Print a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right (or waiver) to exercise the copyright, publicity or any other rights that exist anywhere in the world, in or with respect to the Information, in any media now known or not currently known. This provision does not entitle RSA Print to any ownership or exclusivity rights to the Information but shall be deemed to allow RSA Print to freely use, modify and exploit the Information for RSA Print's own business purposes and/or profit.
4. ACCOUNT DISCREPANCIES
A User may contact RSA Print customer service by email or telephone concerning charges or other questions regarding the status of a Subscription account. However, if not satisfactorily resolved within fifteen (15) business days of calling or sending email, and in no event later than ninety (90) days after a discrepancy should have been discovered, the User must write to the Customer Service Department, RSA Print, 7120 185th Ave NE, Ste 150, Redmond, WA 98052 delivered by United States mail or by fax to (425) 885-4617. Failure to write within these time frames constitutes a waiver to the right to dispute said charges.
5. LINKS
RSA Print provides links to other sites on the World Wide Web. Links to other Internet sites including, without limitation, sites operated by Direct Marketing companies, that are not maintained by RSA Print are provided solely for your convenience and information. Some of the Internet sites assess fees for the information, content, goods, products or services they provide, separate from any RSA Print charges. Any costs, taxes or other fees a User incurs when visiting these Web sites are that User's sole and exclusive responsibility. RSA Print makes no warranties or representations, whether express or implied, about the contents of, or any products or services offered in such third-party sites, and recommends that you read the terms of use, privacy and security policies of those sites. Any content, representations or warranties made on other such Web sites are the sole responsibility of the operator of those sites, and RSA Print assumes no liability, obligation, or responsibility for such content, representations, or warranties of any kind, whether express or implied.
6. NO RESALE OF SERVICES
RSA Print is protected by U.S. and international intellectual property laws. RSA Print, the RSA Print logo, and the names of other products and services are trade and service marks of RSA Print (Compact Digital Solutions), Inc. and are protected under state, federal and international laws. Each User agrees not to resell, reproduce, modify, display, transmit, distribute or copy goods, content, products, services or information obtained from RSA Print, nor exploit Subscription or association with RSA Print for a commercial or advertising purpose without the express written permission of a corporate officer of RSA Print.
7. MODIFICATION OR DISCONTINUATION OF SERVICE
RSA Print reserves the right to modify or discontinue service, or any portion thereof, or the offering of any information, good, content, product or service with or without notice to any User. RSA Print shall not be liable to any User or any third party should RSA Print exercise its right to modify or discontinue service.
8. SYSTEM INTEGRITY
RSA Print offers you, the User, access to RSA Print's Web site solely for your personal, non-commercial use, and except for any use of the Web site that is expressly permitted pursuant to these TOU for your business use as a customer of RSA Print, each User agrees not to use the Web site for any commercial purpose whatsoever. RSA Print or its content providers hold the copyright in all materials on this Web site; any unauthorized use of this Web site or its content violates federal and state law. Each User agrees not to copy, modify, distribute, display, create derivative works from, decompile, reverse engineer or use on any other Web site, or otherwise all or any portion of the RSA Print Web site, or any information derived there from. Each User agrees not to use any robot, spider, other automatic device or manual process to (or to attempt to) monitor, copy, deep link to, or engage in screen or database scraping of any part of the Web site or the content contained therein unless first obtaining written permission from authorized RSA Print officers. The foregoing shall not prohibit the use of standard search engine technology by Internet search Web sites to direct Internet users to this Web site. Each User agrees not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the RSA Print site or any Proposal session being conducted on our site. Each User also agrees not to take any action that imposes an unreasonable or disproportionately large load on our infrastructure. A User issued a password, agrees not to disclose the password to any third party or use the password for any unauthorized purpose.
10. PRIVACY POLICY (See Privacy Policy)
Our current privacy policies, available at "RSA Print" are incorporated herein by reference, as if fully set forth herein.
11. INDEMNIFICATION
Each User agrees to indemnify, defend and hold harmless RSA Print and its successors, representatives, principals, officers, directors, shareholders, employees, servants, agents, administrators, attorneys, affiliated corporations, parent corporations, subsidiaries, assigns, and licensees from any claim or demand, including reasonable attorneys fees and costs, made by any third party due to or arising out of the use of the RSA Print service, any information, good, content, product or service provided by RSA Print, including but not limited to any violation of these TOU or any other policy of RSA Print, or any infringement of any intellectual property or other personal or proprietary right of any person, by you, the User, or any other person using your User name and password.
12. DISCLAIMER AND WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO RSA Print CONTENT, AFFILIATE CONTENT, AND PUBLIC CONTENT, PROVIDED BY RSA Print THROUGH THE RSA Print WEB SITES IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RSA Print MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. RSA Print EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RSA Print SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER USER OF SUCH INFORMATION OR TO ANY THIRD PARTY FOR ANY LOSS, EXPENSE, OR DAMAGE, INCLUDING CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST REVENUE, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OR RELIANCE UPON SUCH INFORMATION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE RSA Print WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY A USER FROM OR THROUGH RSA Print SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE BY THESE TOU.
Information supplied by Users could be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Although we may, at our sole discretion, take actions to verify accuracy of information presented by Users of the site, such actions do not affect our rights or obligations under these TOU. We expect that every User will use caution and common sense when using RSA Print.
RSA Print does not guarantee or warranty continuous, uninterrupted or secure access to RSA Print information, content, products, goods, or services, and operation of RSA Print may be interfered with by numerous factors outside of RSA Print's control.
RSA Print is not licensed to practice law. Each User is therefore advised to contact an attorney licensed to practice in his or her community whenever legal assistance is appropriate. Each User understands and accepts the responsibility to do so without further guidance from RSA Print.
13. LIMIT ON LIABILITY
IN NO EVENT SHALL RSA Print OR RSA Print'S SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS TOU. RSA Print'S LIABILITY, AND THE LIABILITY OF RSA Print'S SUPPLIERS, TO YOU, THE USER, OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU, THE USER, PAY TO RSA Print IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100, WHICHEVER IS LESS. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT ALWAYS APPLY.
14. NO AGENCY
RSA Print is completely independent from you and every User. You and RSA Print agree RSA Print is not engaged in any agency, partnership, joint venture, employee-employer, franchisor-franchisee or other type of relationship with you or other Users and no such relationship(s) are intended nor created by this Agreement.
15. NOTICES
Except as expressly stated otherwise, any notices shall be transmitted by email to info@RSA Print. (in the case of notices sent to RSA Print) or to the email address you, the User, provide to RSA Print during the registration process. Failure to maintain a current and working email address in your RSA Print Subscription account constitutes a waiver of your right to automatically receive this information through any other means, electronic or otherwise. Notice shall be deemed given 24 hours after email is sent. Alternatively, RSA Print may give you, the User, notice through posting modified TOU or by sending certified mail, postage prepaid and return receipt requested, to the address provided to RSA Print during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
16. SEVERABILITY
Client agrees that the terms of this TOU are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; and the remaining terms and provisions of this Agreement will remain in full force and effect.
17. ENTIRE AGREEMENT
This TOA contains the entire agreement between www.RSA Print and User. Any representations, promises or conditions not incorporated herein shall not be binding upon the respective parties. From time to time, this Agreement may be modified at RSA Print's sole discretion and without approval of User. RSA Print may amend the TOU at any time by posting amended TOU. By continuing to use the RSA Print service you, the User, agree that the amendments are immediately effective unless otherwise provided for in these TOU or applicable law.
18. GOVERNING LAW, VENUE AND JURISDICTION
This Agreement shall be governed and construed in accordance with the laws of the State of Washington, and venue and jurisdiction of any action arising out of or relating to this Agreement shall lie in the Superior Court for King County, Washington.
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