Welcome:
Please read these Terms of Service (referred to as the "Agreement") carefully before using any aspect of the website. By using this website you consent and agree to these terms and conditions. If you do not agree to this Agreement, immediately cease all usage of the website.
Owner and Operator:
This internet website, located at www.Printer.com, including any associated software (collectively referred to as the "Website") is operated by Printer.com. "Affiliate" means any parent, subsidiary or sister company of Printer.com, or any merchant or other entity that is referenced on the Website or that has a contractual relationship with Printer.com with respect to the Website. You may have arrived at a co-branded version of the Website from an Affiliate's website, in which case, that Affiliate will be identified at the top of this page.
Age and Eligibility:
By using the website, you hereby agree that you are at least eighteen (18) years of age and bound by all of the following provisions of the Terms of Service. If you are under 18 years old, you may not use the Printer.com service.
Changes to this Agreement:
You agree that we may change the Website or remove the Website at any time at our sole discretion, for any reason or no reason, and with or without notice to you.
Changes to this Agreement:
You agree that Printer.com may change the terms and conditions in this Agreement at any time. You will be notified of any such changes by an updated posting of the new Terms of Service on this page of the website. Your continued use of the website after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes.
Changes to the Website:
You agree that we may change the Website or remove the Website at any time at our sole discretion, for any reason or no reason, and with or without notice to you.
Information, Advertising, Research:
Printer.com operates the Website as an online information, advertising and research service for buyers, sellers (“Merchants”), and other persons who are interested in printers, cartridges, and/or related products and services.
Printer.com does not sell printers or printer-related products directly and is never a party to any transaction between a buyer and a Merchant. As a result, Printer.com does not (a) guarantee or ensure any printer or any transaction between a buyer and a Merchant, (b) collect or process payment or transfer of title on behalf of buyers or Merchants, or (c) warehouse, store, ship or deliver any printers or printer-related products.
Product specifications and other information have either been provided by the Merchants or collected from publicly available sources. While Printer.com makes every effort to ensure that the information on this Website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on this Website. Printer.com makes no warranties or representations whatsoever with regard to any product provided or offered by any Merchant, and you acknowledge that any reliance on representations and warranties provided by any Merchant shall be at your own risk.
Links to External Sites
Printer.com may contain links to other websites on the internet which are owned and operated by Merchants or other third parties. You acknowledge that Printer.com is not responsible for the availability of, or the content located on or through, any third-party website.
No Endorsement:
Mention of third-party products or services, including the use of trademarks or links to the websites of Merchants, is for informational purposes only and constitutes neither an endorsement nor a recommendation of those Merchants or those products or services. In addition, such use of trademarks or links to the websites of Merchants is not intended to imply, directly or indirectly, that those Merchants endorse or have any affiliation with Printer.com.
Website Content:
All information and content available on this Website (collectively, "Content") is protected by copyright and other intellectual property laws. The Content is owned by Printer.com, its Affiliates, and/or their respective licensors and suppliers (the latter, collectively, "Licensors"). The Content is intended for personal and non-commercial use only. While you may interact with or download a single copy of any portion of the Content for your personal and non-commercial entertainment, information or use, you may not reproduce, modify, publish, distribute, display, sell, perform, re-post or otherwise use any portion of the Content in any other way or for any other purpose without the prior written consent of Printer.com. Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to:contact.
Copyright and Intellectual Property:
Printer.com respects the intellectual property rights of other companies and requests that our users and Merchants do as well. Please be aware that the content or material available on or through Printer.com may be protected by the intellectual property laws of the United States and/or other countries. Printer.com reserves the right to remove links or Content, including links or Content from Merchants, from the Website for any reason, including without limitation infringement of copyrights, trademarks or other intellectual property rights.
It is our policy to promptly process, investigate and respond to notices of alleged intellectual property right infringement that comply with the Digital Millennium Copyright Act (DMCA) (Title 17, United States Code, §512) or other applicable law. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to the designated agent specified below. To be effective, the notification must be a written communication that includes the following:
- 1. An electronic or physical signature of the owner of the copyright, or an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright;
- 2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such work;
- 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Printer.com to locate the material;
- 4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
- 6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Printer.com
111 N Market Street 6th Fl
San Jose, CA 95113
Email: Contact
Fax: 510 420-1525
Please note that due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
Trademarks:
You acknowledge that the Content includes certain trademarks and service marks owned by Printer.com, Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The "Printer.com" name, logo and slogan are trademarks licensed by Treasuron International B.V. Other product and company names herein may be trademarks of their respective owners.
Software:
Please note that all software programming, including without limitation all HTML and other code contained in this Website (collectively, "Software"), is owned by Printer.com and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.
Linking:
If you operate an internet site and wish to link to the website, you must link to the website's home page unless permission has otherwise been granted in writing by Printer.com. Printer.com reserves the right to reject or terminate any links to the Content or the Website.
User Materials:
By submitting ads, content, photos, data or other materials ("Materials") to the Website, you hereby grant to Printer.com and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicensable right and license to copy, modify, display, distribute, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to Printer.com and its Affiliates a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials. If there is a written agreement between you and Printer.com that conflicts with the preceding provisions of this paragraph, the written agreement will supersede the preceding provisions.
Unsolicited Materials:
Printer.com does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in case of and in connection with any forums, chat rooms and bulletin boards on the Website. Printer.com and Affiliates shall not be responsible for the similarity of any of its content or programming in any media to Materials or ideas transmitted to the website.
Representations/Indemnity:
You hereby represent and warrant that (a) you have all necessary authority, rights and permissions to submit the Materials to the Website, (b) the Materials do not and will not infringe or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right of any third party, including any rights of privacy or publicity, and (c) the Materials do not and will not violate any applicable law or regulation including, but not limited to, any advertising laws or regulations, or cause injury to any person. You agree to release, defend, indemnify and hold Printer.com, its Affiliates, the Licensors, and their respective officers, directors, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys' fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Materials you provide, (ii) your use of the Website or any reliance on the Content, (iii) your breach of these Terms of Service or (iv) any actual, prospective or terminated sale or other transaction between you and a third party.
Prohibited Activities:
The following is a partial list of the kinds of activities that are prohibited on or through the Website: (a) submitting Material that is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Material that could be harmful to minors; (c) engaging in activity or submitting Material that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" to Printer.com users or others; (e) engaging in activity or submitting Material, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Material that contains restricted or password-only access pages, or hidden pages or images; (g) submitting Material that displays pornographic or sexually explicit material of any kind; (h) submitting Material that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (j) engaging in commercial activities and/or sales (other than the purchase and sale of printers and related products and services) without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes; (k) using the Website's lead forms to advertise or promote products and services to Printer.com advertisers; (l) using any robot, spider or other automatic device, or a manual process, to monitor or copy web pages or the Content contained in the Website or for any other unauthorized purpose without our prior expressed written permission; (m) using any device, software or routine to interfere or attempt to interfere with the proper working of the Website; (n) decompiling, reverse engineering, disassembling or otherwise attempting to obtain the source code for the Software; or (o) taking any action that imposes an unreasonable or disproportionately large load on Printer.com 's hardware and software infrastructure (collectively, "Prohibited Activities").
Warranty Disclaimer:
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELIANCE ON ITS CONTENT IS AT YOUR OWN RISK. PRINTER.COM, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE WEBSITE, THE SOFTWARE, THE CONTENT, THE MATERIALS, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF ANY OF THE FOREGOING. THE WEBSITE, THE SOFTWARE, THE CONTENT, AND THE MATERIALS ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND PRINTER.COM, ITS AFFILIATES AND THEIR RESPECTIVE THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NONINFRINGEMENT. ALL INFORMATION RELATED TO PRINTERS AND OTHER PRODUCTS AVAILABLE ON THIS WEBSITE IS SUPPLIED BY THE SELLER OR OTHER THIRD PARTIES. PRINTER.COM AND THE AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, TO ANY ACTUAL OR PROSPECTIVE PURCHASER OR OWNER OF ANY PRINTER AS TO THE EXISTENCE, OWNERSHIP OR CONDITION OF THE PRINTER, OR AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ABOUT A PRINTER ADVERTISED ON THE WEBSITE. PRINTER.COM CANNOT AND DOES NOT VERIFY OR WARRANT THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION. PRINTER.COM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERROR OR OMISSION ON THE WEBSITE OR IN THE CONTENT. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR ACCESS OF THE WEBSITE. THE FOREGOING LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. Some states and jurisdictions do not allow the disclaimer of warranties or limitations on how long an implied warranty lasts, so the above disclaimer and limitation may not apply to you.
Limitation of Liability:
PRINTER.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS SHALL IN NO EVENT AND UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY COST OF PROCUREMENT, DAMAGES OR LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE WEBSITE, THE SOFTWARE, CONTENT, THE MATERIALS, THESE TERMS OF SERVICE OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM NEGLIGENCE). IN NO EVENT WILL THE AGGREGATE MAXIMUM LIABILITY OF PRINTER.COM, ITS AFFILIATES, AND THEIR RESPECTIVE OWNERS, EMPLOYEES, AGENTS, CONTRACTORS AND THIRD-PARTY LICENSORS FOR ANY CLAIM EXCEED ONE HUNDRED FIFTY DOLLARS ($150). FOR PURPOSES OF THIS LIMITATION OF LIABILITY, "THIRD-PARTY LICENSOR" DOES NOT INCLUDE YOU. Some states or jurisdictions do not allow us to limit our liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Termination of Service:
You understand and agree that in Printer.com's sole discretion, and without prior notice, your access to this Website may be terminated or suspended, and Printer.com may exercise any other remedy available and may remove any Materials, for any reason, including without limitation Printer.com’s belief that your use of the Website and/or any Materials you provide (a) violate (i) these Terms of Service, (ii) the rights of Printer.com, any Affiliate or Licensor, or another user of the Website, or (iii) any law or regulation, or are otherwise objectionable or inappropriate or (b) constitute fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to Printer.com for violations of these Terms of Service, and you consent to injunctive or other equitable relief for such violations without the requirement that Printer.com post a bond. Printer.com is not required to provide any refund to you if you are terminated as an authorized user of the website for any reason.
Severability:
If any section or paragraph in this Agreement is found to be invalid, illegal, or unenforceable, then you agree that the Agreement shall then be interpreted as if that section or paragraph was removed and the rest of the Agreement remained in effect and in place.
Governing Law, Jurisdiction and Venue:
This Agreement shall be governed by and construed in accordance with, the laws of the State of California, without regard to that state's conflict of law provisions. The state and federal courts in and for the County of Santa Clara, California shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to this Agreement. You hereby consent to personal jurisdiction and venue in such courts and waive any objection based on forum non conveniens.
Waiver of Class Actions:
As a condition of using this Website, you agree that all causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action.
Miscellaneous:
Failure by Printer.com to enforce any provision of these Terms of Service will not be deemed a waiver of future enforcement of that or any other provision of these Terms of Service. These Terms of Service constitute the entire agreement between the parties regarding the subject matter hereof. Neither these Terms of Service, nor any terms and conditions contained herein, shall be construed as creating a partnership, joint venture or agency relationship or granting a franchise between the parties.
Last updated on 28th January 2009.