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TERMS OF SALE
THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS AND CONDITIONS FOR THE SALE OF GOODS AND SERVICES REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY PLACING AN ORDER FOR PRODUCTS OR SERVICES USING THE PEX MOBILE APPLICATION (THE “APP”), SHORT MESSAGE SERVICE (“SMS”)/TEXT MESSAGE, FACEBOOK MESSENGER, AND WHATSAPP PLATFORMS, ANY OTHER ELECTRONIC COMMUNICATION SENT THROUGH OR AVAILABLE IN CONNECTION WITH THIS PLATFORM, AND/OR ALL WEBSITES AND OTHER DIGITAL PLATFORMS OPERATED BY US (COLLECTIVELY THE “ORDERING PLATFORMS”), YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER FOR PRODUCTS OR SERVICES ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES USING OUR ORDERING PLATFORMS IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TEXTPRINT, INC. d.b.a. PEX AND PEX NOW (“PEX”), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE ORDERING PLATFORMS OR ANY OF THIS ITS'S CONTENTS, OR THE OFFERED GOODS OR SERVICES BY APPLICABLE LAW.
These Terms of Sale ("Terms") apply to the purchase and sale of products and services through the Ordering Platforms. These Terms are subject to change by PEX (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced above. You should review these Terms prior to purchasing any product or services that are available through the Ordering Platforms. Your continued use of the Ordering Platforms after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.
1. ORDER, ACCEPTANCE AND CANCELLATION
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation text or e-mail (the “order confirmation”) with your order number and details of the items you have ordered.
2. PRICES AND PAYMENT TERMS
- All prices, discounts, and promotions quoted on the Website and Ordering Platforms are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such changes. Quoted prices include charges for shipping and handling, but do not include taxes. All taxes will be added to your merchandise total, and will be itemized in your order confirmation. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
- We may offer from time to time promotions through the App and sms text messaging that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
- Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We utilize the vendor “Stripe” to process all payments, which accepts all major debit and credit cards, including Visa, MasterCard, American Express, Discover, Japan Credit Bureau, and Union Pay, as well as Alipay, Amex Express Checkout, Apple Pay, Google Pay, Microsoft Pay, MasterPass by MasterCard, and Visa Checkout for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the quoted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the time of your order.
3. SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS; STORAGE
- We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packaging, shipping, and delivery of your order.
- Title and risk of loss pass to you on delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
- We are unable to deliver to PO boxes, APO (military) boxes, FPO (foreign) boxes, freight forwarders.
- Once the ordered products have been shipped, we will not provide a method for storage of your images, and all such images will be deleted from our system.
4. RETURNS AND REFUNDS
We will accept a return of a defective product ONLY if the picture is defective due to an error created by our system, in that the image does not match the data sent, if our system causes a shipping error, or physical damage occurs during shipping. Return of such defective product may be returned ONLY for a refund of your purchase price, and the original shipping and handling costs, provided such return is made within 10 days of delivery. To return a defective product, you must email us at email@example.com. Refunds are processed within approximately seven (7) to 10 business days of our receipt of your defective product. Your refund will be credited back to the same payment method used to make the original purchase on the Ordering Platforms or by any other electronic communication sent through or available in connection with the Website or Ordering Platforms.
ALL OTHER NON-DEFECTIVE PRODUCTS ARE HEREBY DESIGNATED AS NON-RETURNABLE AND NOT SUBJECT TO REFUND.
5. WARRANTY AND DISCLAIMERS
ALL PRODUCTS AND SERVICES OFFERED THROUGH THIS APP AND/OR BY ANY OTHER ELECTRONIC COMMUNICATION SENT THROUGH OR AVAILABLE IN CONNECTION WITH THE PEX PLATFORM AND THE APP ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT(S) AND SERVICE(S) YOU HAVE ORDERED.
The limitation of liability set forth above shall only apply to the extent permitted by law.
7. GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that the products you are buying from us are not for resale or export, and that all purchases are intended for final delivery to locations within the United States.
9. FORCE MAJEURE
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
10. GOVERNING LAW AND JURISDICTION
This App and all Platforms are operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
11. DISPUTE RESOLUTION AND BINDING ARBITRATION
- YOU AND TEXTPRINT, INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS APP, AND/OR ANY PLATFORM, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
- Either party may commence the arbitration by sending a written notice of arbitration to the other party. The arbitration shall be held in Los Angeles, California, by the American Arbitration Association, pursuant to the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrator shall be an attorney or judge knowledgeable in the matters relating to such dispute. Such arbitration shall be binding and conclusive upon the parties and judgment may be entered upon such decision in accordance with applicable law in any court having jurisdiction thereof.
- Notwithstanding anything contained herein, the parties reserve the right to seek a judicial temporary restraining order, preliminary injunction or other similar short term equitable relief prior to the appointment of the arbitrator. The Arbitral Tribunal will have the right to make a final determination of the parties’ rights, including whether to make permanent, modify or dissolve any such judicial order. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
13. NO WAIVERS
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of TEXTPRINT, INC. d.b.a. PEX and PEX NOW.
14. NO THIRD-PARTY BENEFICIARIES
These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- TO YOU. We may provide any notice to you under these Terms by: (i) sending a email message to the email address you provide; (ii) sending an sms text message to the cellular telephone number you provide; or (iii) by posting to the App. Notices sent by email or by text message will be effective when we send the email or text message and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address and cellular telephone number current.
- TO US. To give us notice under these Terms, you must contact us as by personal delivery, overnight courier with confirmation signature required, or registered or certified mail to:
TextPrint, Inc. (d.b.a. Pex and Pex Now)
21440 Ventura Boulevard
Woodland Hills, CA 91364
We may update the address for notices to us by posting a notice on this App. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective on confirmed delivery. Notices provided by registered or certified mail will be effective ten business days after they are sent.
If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
17. ENTIRE AGREEMENT
18. COPYRIGHT POLICY
By using the Ordering Platforms, and sending us your digital images, you give us and our third party contractors permission to legally use your digital images to make prints and otherwise to produce products you may order from us. We will not use your digital images for any other purpose.
In sending us your digital images, you warrant and represent to us that either you own the copyright to those digital images or that you have written permission from the owner of the copyright to make additional copies. IF WE HAVE ANY REASON TO BELIEVE THAT YOUR ORDER INCLUDES IMAGES THAT YOU DO NOT OWN THE COPYRIGHT TO, WE WILL NOT MAKE PRINTS OR ANY OTHER PRODUCTS FROM THE IMAGES UNLESS AND UNTIL WE HAVE WRITTEN PERMISSION FROM THE COPYRIGHT OWNER OR OTHER EVIDENCE IN OUR FILES CONFIRMING YOUR COPYRIGHT OWNERSHIP.
19. CUSTOMER CONTENT
You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not PEX, are entirely responsible for all Content that you send, upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
- You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of PEX or any third party.
- We do not print adult content (art is accepted), copyrighted material, discriminatory material, FDA material, or money. We reserve the right to deny services without a disclosed reason for objectionable content.
- 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.
- You acknowledge that PEX does not pre-screen Content, but that PEX and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that PEX may preserve Content and may also disclose Content if required to do so by law or if there is certain belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the terms of service; (iii) respond to claims that the Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of PEX, its users and the public.
20. SMS TEXT MESSAGING
- The 84301 we use for the Pex Platform is supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice. PEX and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages. Message and data rates may apply. PEX may terminate the Platform or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply.
21. CONTACT INFORMATION
If you have any questions about these Terms of Sale please contact us at:
TextPrint, Inc. (d.b.a. Pex and Pex Now)
21440 Ventura Boulevard
Woodland Hills, CA 91364