These Terms of Use shall serve as an agreement that sets forth the terms and conditions that will govern your use and participation in the services provided on and through this Site (the "Services"). By electing to utilize the Services and agreeing to the Market Procedures, you shall have also indicated your acceptance of these Terms of Use and your intent and agreement to be bound by them. If you are unwilling to agree to these Terms of Use, you shall discontinue further use of the Services. If you agree to these Terms of Use, you will be bound as follows:
1. Definitions. In this Agreement, "you" and "your" refer to a User of the Services. The words "we," "our" and "us" refer to Press Life and its affiliates. "Account" means (i) an account of a Buyer from which payment for the Transaction and related fees will be obtained, or (ii) an account of a Seller from which payment for the Transaction and related fees will be obtained or to which payment for the Transaction and other payments will be credited. "Agreement" refers to this Agreement, the then current operating rules contained on the Site and the Market Instructions. "Business Days" mean Monday through Friday, except for bank holidays. "Transaction" means a use of the Services by a Seller (or Sellers) and a Buyer (or Buyers) in a single transaction. "Underlying Transaction" means the agreement between a Buyer (or Buyers) and a Seller (or Sellers) for the purchase and sale of one or more goods or services ("Items") in a single transaction. "Transaction Submission Screens" means those screens on the Site where Users provide all requested information in connection with a Transaction. "Market Instructions" means the documents on the Site that contain the terms agreed upon on the Transaction Submission Screens, as well as the other terms and conditions of the transaction and the guidelines set forth in the Market Information section of the site. "User" means a registered member acting as a Buyer (or Buyers) or a Seller (or Sellers) participating in a Transaction. “Return” or “Returned item/s” means sold item/s that the Buyer has rejected based on; Buyer no longer wishes to purchase item or incorrect or misrepresented information provided by the Seller. “Exchange” or “Exchanged item/s” means an item owned by the Buyer matching the item being sold in both function and "completeness" which, must be delivered to the Seller to receive an Exchange discount. “Exchange discount” means a monetary amount determined by the Seller which the Seller authorizes Press Life to pay to the Buyer upon Seller’s receipt of an exchanged item. "Site" refers to the website for the Services which can be found (www.PressLife.com)
2. Description of the Service. The Services are Internet-based online catalog made up of both Seller and Press Life submitted parts and products for Commercial Printing Equipment. Services performed by Press Life, LLC. Through it’s website (www.PressLife.com) where Press Life acts as the agent in a Transaction, where Services are intended to facilitate the completion of the Transaction under the terms of this Agreement, the Site and the applicable Market Instructions.
3. Limits on the Services. The Services are only available for lawful Items and Items not otherwise excluded by Section 4 below. Payments are limited to U.S. dollars. Other limitations on the Services may apply and can be found on the Site or in the Market Instructions. Only registered Users may use the Services. In order to register, you must supply all information required on the Site. Applicable state or federal laws and regulations may further limit the Services.
4. Prohibited Transactions. Users shall not utilize the Site or the Services in connection with any Underlying Transaction that is illegal or involves any illegal Items, or is for any illegal purpose; involves any obscene material; involves any hazardous materials not available for transport with Press Life’s list of authorized shipping companies; involves pirated software or manuals or the Item(s) otherwise infringing copyrighted works. In addition, we, in our sole discretion, may refuse to complete any Transaction that we have reason to believe is unauthorized or made by someone other than you, may violate any law, rule or regulation, or if we have reasonable cause not to honor it. Each User agrees to indemnify and hold us harmless for losses resulting from any use or attempted use of the Services in violation of this Agreement.
5. Rejection of Payment. Since the use of a bank account, credit card or debit card account, or the making of an electronic fund transfer may be limited by your agreement with your financial institution and/or by applicable law, we are not liable to any User if we do not complete a Transaction as a result of any such limit, or if a financial institution fails to honor any credit or debit to or from an Account. We may post operating rules related to payment on the Site and change such rules from time to time.
6. General Conditions of Use. You represent and warrant that all information you provide to us or to such third party as required to complete a Transaction will be true, accurate and complete. The party entering into this Agreement on behalf of any User represents and warrants that he/she is authorized to do so and to bind the User and is a natural person of at least eighteen (18) years of age. In order to initiate and commence a Transaction, all Users to a Transaction must register at the Site, agree to all terms on the Transaction Submission Screens and agree to the Market Instructions.
7. Obligations of Sellers. Each Seller in a Transaction shall deliver the Items set forth in Parts Submission Form directly to the Buyer at the address specified by such Buyer and on the terms and conditions set forth in the both the Parts Submission Form and Market Procedures. Seller shall use a delivery service that provides a confirmation of delivery and Seller shall complete a Shipment Notice Form online at Press Life's website which will include a tracking or reference number for the shipment of the goods to the Buyer. In the event the Seller fails to ship within 2 business days of notification from us to ship the Items, Seller authorizes us to return funds (excluding our fees) to Buyer. In the event whereby the Seller requires an exchange of an item from the Buyer, (example: a motor that can be rebuilt), The Seller will assume responsibility for notifying Press Life of failure to receive exchanged item from Buyer within the specified deadline using the Failed Exchange Form provided in the Service Center section of our website. Absence of such a notification from the Seller will be deemed by Press Life as successful acceptance of exchanged item by the Seller. Upon acceptance of exchanged item by Seller, Press Life will process payment of refund to the Buyer. In the event the Seller notifies Press Life of failure to receive or rejection of an exchange item, the Buyer shall have a reasonable grace period ,as determined by Press Life, for which to return the exchange item to the Seller or make "complete" the exchange item. If the Buyer fails to deliver the exchange item to the Seller within the reasonable grace period, the Buyer shall forfeit the entire refund amount to the Seller less any administrative charges incurred to Press Life. In the event of a Return of the Items by the Buyer, Press Life will receive the returned item/s from the Buyer. Press Life will notify Seller of the receipt of the Returned Item/s. Upon receipt of such notice from Press Life, the Seller will assume responsibility for payment of shipping from Press Life’s physical location to the Seller’s location. Upon receipt of a Returned item to Seller’s location, the Seller's (5) day inspection five period shall commence. We shall remit funds (excluding our fees) to the Buyer, in the event the Seller accepts the Returned Items within the inspection period or fails to act within the inspection period. If Seller has not received the Returned Items by the expected delivery date specified or if Seller notifies us of its non-acceptance of any Returned Items within the Seller's inspection period, then we will retain the funds pending resolution of the dispute. All funds retained in this manner will be held in a separate account whose sole purpose is the holding and dispersion of funds relating to disputes.
8. Obligations of Buyers. On the Transaction Submission Screen, Buyer must designate a payment mechanism and an Account from which the purchase price and related fees will be obtained for the Transaction. Buyer may remit the necessary funds by corporate credit card, charge card, debit card or purchasing card, and check. Regardless of the payment method, Buyer authorizes us and our authorized agents to initiate credit or debit transactions, as applicable, to obtain the purchase price and fees due for a Transaction and to initiate any debit or credit entries or reversals, as the case may be, as may be necessary to correct any error in a payment or transfer and to discharge Buyer's obligations under Section 22 of this Agreement. In the event the Seller requires an exchange, the Buyer agrees to deliver the exchanged item to the Seller within 10 days of receipt of delivered item(s). The Buyer shall bear the cost of shipping exchange item/s to Seller. The Buyer shall be aware of a reasonable grace period for exchanges, which shall start at the expiration of the exchange deadline. The Buyer shall also be aware that failure to deliver the exchange item/s to the Seller within the reasonable grace period, as determined by Press Life, will result in forfeiture of the exchange refund to the Seller. Buyer shall notify Press Life of the receipt or non-receipt of the Items on or before the Return deadline date specified in the Transaction Detail Screens and of Buyer's acceptance or rejection of the Items on or before this date by the approved means of notification specified in the Market Instructions. Upon receipt of notice from Buyer that the Items have been received and accepted or the absence of a Return notice, we shall process payment (less any amount payable to us for our fees) to Seller. Payment Processing for the Seller generally will be initiated within five calendar days from the day of expiration of either the Return deadline or Exchange deadline (if applicable). If Buyer has not notified Press Life of the non-receipt or rejection of the Items on or before the Return deadline date, then the Buyer authorizes us to remit the funds (excluding our fees) to the Seller. If the Seller has not notified Press Life of the non-receipt or rejection of Exchange Items on or before the Exchange deadline date, then the Seller authorizes us to remit the exchange refund (excluding our fees) to the Buyer. The Buyer shall follow the procedures set forth on the Site in the event the Item/s are rejected.
9. Our Responsibilities. We are obligated to perform only those duties expressly described in this Agreement. We shall not be liable for any error in judgment, for any act taken or not taken, or for any mistake of fact or law, except for gross negligence or willful misconduct (subject to the limitations in Section 17 below). We may rely upon any notice, demand, request, letter, certificate, agreement or any other document which purports to have been transmitted or signed by or on behalf of a User indicated as the sender or signatory thereof and shall have no duty to make any inquiry or investigation. In the event that we are uncertain as to our duties or rights under this Agreement, receive any instruction, demand or notice from any User or financial institution which, in our opinion, is in conflict with any of the provisions of this Agreement, or any dispute arises with respect to this Agreement or funds, we may (i) consult with counsel of our choice (including our own attorneys) and any actions taken or not taken based upon advice of counsel shall be deemed consented to by you, or (ii) refrain from taking any action other than to retain the funds we may hold in escrow for delivery in accordance with the written agreement of the Users or a final, non-appeal able judgment of a court of competent jurisdiction, or (iii) discharge our duties under this Agreement by depositing all funds with a court of competent jurisdiction.
Press Life may, at any time, give notice of its intent to resign as the market agent. If, within ten (14) days of such notice, we have not received notice from all Users in a Transaction that they have designated a substitute agent (which notice shall identify the substitute agent), we may discharge our duties under this Agreement by depositing all funds with a court of competent jurisdiction. If an alternate agent is so designated, we shall be discharged from our duties under this Agreement and the Market Instructions by delivering all funds to such person or entity. Upon payment of the funds pursuant to this Agreement, we shall be fully released from any and all liability and obligations with respect to the funds and the Transaction.
10. Canceling A Transaction. If a Transaction cannot be completed for any reason, such as because a Seller has failed to deliver the Items or our fee has not been received or an Account cannot be debited or credited as provided in this Agreement, we will notify each User in such Transaction by e-mail, to the e-mail address each has provided to us. In our sole discretion, we may cancel any Transaction if each User to a Transaction fails to agree on the terms as required in the Transaction Submission Screens by typing ”I Agree" as requested on the Site. You may cancel a Transaction as provided in this Agreement, on the Site or by notifying customer service at cstmrsrvc@presslife.com.
11. In Case of Questions about the Services. You may inquire about payments made through the Service by calling the toll-free number which appears on the Site or by filling out the customer service form. You agree to call or send an e-mail as soon as possible, but no later than forty-eight hours after you knew or should have known about an error, if you believe an error has been made or there has been any unauthorized use of your Account or the Services. When you contact us, please be prepared to provide your name, our reference number and your escrow account number.
12. Statements, Verification. You agree that all disclosures and communications regarding this Agreement and the Service may be made by e-mail or on the Site. Any electronic disclosure or communication we make will be considered made when it is posted to the Site or sent to you
13. Digital Identification. You understand and agree that we create, issue and verify a digital identification (a "Digital ID") for each User. This Digital ID is attached to each accepted electronic document and notification e-mails. You agree that your Digital ID is a valid "Electronic Signature" as defined under the applicable law of the State of Florida.
14. Fees. Unless otherwise agreed upon by each User in a Transaction, the Buyer agrees to pay the fees for the Services that are disclosed on the Site at the time the completed Market Instructions are agreed to by all such Users, as well as any other fees, including, without limitation, third party service fees (e.g., shipping, appraisal, inspection, etc.). Once paid, our fees are nonrefundable. Our fees may change from time to time in our absolute and sole discretion. We are not responsible for payment of any sales, use, personal property or other governmental tax or levy imposed on any Items purchased or sold through the Services or otherwise arising from the Transaction.
15. Security. We use secure sockets layer ("SSL"), a security protocol that provides data encryption, server authentication, and message integrity for connections to the Internet, to ensure that the data you provide us is not transmitted over the Internet unencrypted and cannot be viewed by unauthorized individuals. We have also implemented a security system requiring a user ID and a password to access your Transactions on the Site. You agree not to give your password to any other person or entity and to protect it from being used or discovered by anyone else.
16. Disclaimers. You expressly agree that your use of the Services is at your sole risk. The Services are provided on a strictly "as is" and "as available" basis. WE MAKE NO WARRANTY WITH REGARD TO THE UNDERLYING TRANSACTION, ANY ITEMS OBTAINED BY YOU THROUGH THE USE OF THE SITE OR THE SERVICES, THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES OR THE SITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE.
We expressly disclaim any and all express and implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We shall not be liable or responsible for those guarantees, warranties and representations, if any, offered by any Seller of Items. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
You acknowledge and agree that we do not endorse the website of any third party, or assume responsibility or liability for the accuracy of any material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby. In no event will we be liable for any act or omission of any third party, including, but not limited to, your financial institution, any payment system, any third party service provider, any provider of telecommunications services, Internet access or computer equipment or software, any mail or delivery service or any payment or clearing house system or for any circumstances beyond our control (including but not limited to, fire, flood or other natural disaster, war, riot, strike, act of civil or military authority, equipment failure, computer virus, or failure or interruption of electrical, telecommunications or other utility services).
17. Limitation of Liability. NEITHER WE, NOR OUR AGENTS, SHALL BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, RELATING TO YOUR USE OF THE SITE OR THE SERVICES OR YOUR INABILITY TO USE THE SITE OR THE SERVICES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
18. Termination of Services. We may suspend or terminate your use of the Services at any time, without notice for any reason, in our sole discretion. Except as warranted by risk to the security, privacy or integrity of the Services, we will attempt to provide you with prior notice of the suspension or termination of the Services by sending you an e-mail, but we are not obligated to do so. You shall remain liable for all Transactions you initiate through the Services prior to such termination, and the performance of your obligations, including but not limited to, the delivery of the Items and the payment of all amounts you owe prior to termination or discontinuation of your use of the Services. You agree to pay all costs and expenses (including reasonable attorneys' fees) that we may incur in order to collect any amounts you owe under this Agreement or the Escrow Instructions
19. Non-Transferability of the Services. You may not assign this Agreement or the Escrow Instructions to any other person or entity. Your right to use the Services shall not be sold or transferred to any other person or entity without our prior written consent. We may assign this Agreement upon notice to you. Any assignment or transfer in violation of this provision shall be null and void
20. Modifications. We reserve the right to change this Agreement, or any portion of it, at any time, without prior notice, provided that no such change will apply to a Transaction once the Users to such Transaction have agreed to the Escrow Instructions. You understand that the most recent version of this Agreement will be located on the Site.
21. Notices. Notices from us to you may be given by e-mail, regular mail or by general posting on the Site. You may contact us by email at cstmrsrvc@presslife.com or by regular mail to Press Life, LLC. P.O. Box 446 Waller, TX 77484
22. Indemnification. You agree to indemnify and hold us, our affiliates and their respective officers, directors, shareholders, employees and assigns, harmless from any claim, demand, expense or damage, including reasonable attorneys' fees and court costs, arising from or relating to your use of the Services or any violation of this Agreement, the rules contained on the Site or the Market Instructions, including, without limitation, payment of our fees and any charge backs from a card organization or reversal or nonpayment of any credit or debit entry.
23. Miscellaneous. In the event of any dispute, claim, question, or disagreement arising from or relating to, this Agreement or to the Underlying Transaction, or breach of any of them, you agree to resolve such dispute in the manner set forth in the Market Instructions.
This Agreement shall be governed by the laws of the State of Florida. This Agreement constitutes the entire agreement between us and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications and/or advertising with respect to such subject matter. If there is a conflict between the terms and conditions of this Agreement, the rules contained on the Site and/or the Market Information, then the conflicting terms set forth in the Market Information, this Agreement and the rules contained on the Site shall control in that order.
If any provision of this Agreement is held to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
We may assign this Agreement to any current or future affiliated company and to any successor in interest. We also may delegate certain of our rights and responsibilities under the Agreement to independent contractors or other third parties.
If you are a registered User of the Site, then each time you request the Services will constitute your agreement to these Terms of Use, as amended from time to time in our sole discretion, and evidence that you read, understood and accepted the then applicable Terms of Use.
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