TERMS & CONDITIONS

Welcome to the Digital Xpress Inc. Website. Please review the following basic rules which constitute our "Terms Of Use & Legal Notices," which govern your use of our Website. By using our Website you agree to be bound by the terms and conditions set forth below, and our Privacy Policy and all disclaimers or other terms and conditions that appear elsewhere on our Website (collectively the "Agreement"). Your use of our Website constitutes your agreement to follow and be bound by the Agreement.

If you do not agree to be bound by the Agreement, please do not use our Website.

Although you may "bookmark" a particular portion of our Website and thereby bypass the Agreement, your use of (or clicking onto) any portion or page of our Website still binds you to the Agreement. Since we may revise the Agreement at any time, we recommend that you visit these pages periodically to review the Agreement.

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ORDER CANCELLATION POLICY

Cancelled orders are subject to a cancellation fee based on the current production status of your job. The fees are as follows:

• $25.00 — PRIOR to a proof being sent. Plus $5.00 per Page for Catalog orders.
• $50.00 — AFTER a proof being sent, but PRIOR to customer approval.
• NO REFUND — There will be no refunds of any kind AFTER a job has been approved. Once artwork is approved, no artwork corrections or replacements will be allowed.

ALL REFUNDS WILL BE IN THE FORM OF IN-HOUSE CREDIT!

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ADDITIONAL FEES

Jobs may be subject to other fees as follows:

• $5.00 — Files other than PDF/X-1a, flattened CMYK tiffs or outlined CMYK EPS files.
• $5.00 — PDF proofs for Business Cards.
• $10.00 — Color hard-copy proofs for Business Cards.
• $10.00 — Additional hard-copy proofs (per 8.5 x 11", per side").
• $10.00 — Handling fee for all jobs except Business Cards, which is $5.00.
• $25.00 — reprocessing of any file ($10.00 for Business Cards).
• $100.00/hour — Approved artwork alterations; 1/2 hour minimum.

This is not an exhaustive list; other fees may be incurred in special circumstances.

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GENERAL INORMATION

DESIGN POLICY

If you request design and we begin the initial set-up, you will be charged for the design. We will consult with you to get your input on the design. If you do not like the design, we will work with you to create the design of your liking, however we do NOT give any refunds on design.

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ARTWORK

Any original media (discs, pictures, slides, proofs, etc.) are non-returnable and become the property of Digital Xpress Inc. unless pre-arrangements are made. By supplying artwork you, the customer, are certifying that you have the rights and/or permission to use all images and artwork supplied for your project. Preferred file types are Adobe PDFX/1-a:2001, outline EPS files, and flattened TIFFs. QuarkXpress and Adobe InDesign files are acceptible only if all support files (artwork and fonts) are also provided but may incur prepress charges. Additional charges may also apply if furnished media are incompatible with Digital Xpress Inc. software. We cannot guarantee consistent results from files generated by non-professional graphics applications such as Microsoft Publisher or Microsoft Word. All rasterized (photos) files should be converted to CYMK and saved as flattened tiff files at 300 dpi actual size. Full-color Vector (line-art) files must be CMYK with no spot colors, have all fonts included, embedded or outlined, all extraneous elements deleted, and be flattened and saved as EPS files. No color should exceed a total of 230% ink coverage. Artwork for one and two Spot-color jobs must separate correctly and PMS numbers in the artwork must match the order. Files producing incorrect or extra plates, or requiring correction will incur additional costs. Files requiring any additional processing may incur prepress charges.

Click here for graphic design help and solutions to common artwork errors.

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PROOFS

Proofs will be e-mailed or shipped out within 24 hours of receipt of files and order form. Turnaround time begins after receipt of final proof approval. Final approval will only be accepted in written format. No verbal approvals will be accepted. Job is considered complete if within +/- 5%. Quoted prices do not include any shipping, handling or sales taxes (if applicable). Prices subject to change without notice. All jobs require payment in full upon acceptance of order. Unless other payment terms have been previously arranged and account is up to date, your credit card will be charged upon placement of order.

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CUSTOMER SUPPLIED PROOFS

The customer may be required to supply a color hardcopy proof of the job when placing an order. If the job is two-sided, folds or binds (like brochures and catalogs), then a working model (mockup) of the job is required to indicate backup, page orientation, folding, binding and page order/assignment. Digital Xpress Inc. is not responsible for any such errors if a working model is not provided prior to proofing. Digital Xpress Inc. is also not responsible for any and all errors in the customer's printing job if the customer selects the "Run As Is. No Proof" option.

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COLOR PROOF ACCURACY

Please note that although color proofs supplied to the customer are highly calibrated and very accurate, they cannot match the final printed product 100%. This is due to the fact that proofs are created in a different way than the printed piece (ink, paper stock, registration, line screens, etc.) Also note that the customer proof may not closely match our proofs or the printed piece either for the same reasons.

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RIGHT OF REFUSAL

Digital Xpress Inc. reserves the right to refuse service or products to any person or organization.

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TURNAROUND TIME

Although Digital Xpress Inc. makes every possible effort to turn jobs around in the estimated times offered, your job may require more time due to unforeseeable or uncontrollable circumstances or finishing services added onto the job. Digital Xpress Inc. will not credit customers if a job runs past the estimated turnaround time. TURNAROUND TIMES ARE AN ESTIMATE, NOT A GUARANTEE!

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PROPRIETARY RIGHTS

Unless otherwise noted, all written and/or other materials that are part of our Website, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content"), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and Digital Xpress Inc. owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. The Digital Xpress Inc. trademarks, logos and other trademarks on our Website are the property of their respective owners and are owned by, licensed to, or, where required, used with permission of Digital Xpress Inc., and, as such, may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

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YOUR USE OF OUR WEBSITE

Our Website and the Content are intended solely for your personal, non-commercial use. You may download or copy the Content and/or other downloadable materials displayed on the Website for your personal use only; provided that you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the Content for public or commercial purposes without written permission from an authorized representative of Digital Xpress Inc. It is also strictly prohibited to download any images of the Digital Xpress Inc. products which appear on our Website. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related intellectual property. You agree that if Digital Xpress Inc., in our sole and unfettered discretion, requests in writing that you remove any link or links to our Website, you will promptly do so. You agree that we may, in our sole discretion, and at any time, terminate your access to and use of our Website, or any part thereof, with or without notice.

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NO WARRANTIES; LIMITATION OF LIABILITY

YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO THE CONTENT IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIGITAL XPRESS INC. 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. DIGITAL XPRESS INC. 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. IN NO EVENT SHALL DIGITAL XPRESS INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR WEBSITE, WITH THE DELAY OR INABILITY TO USE OUR WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE DIGITAL XPRESS INC. WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, EVEN IF DIGITAL XPRESS INC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE.

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SECURITY

Tampering with our Website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on our Website are prohibited. Users are prohibited from violating or attempting to violate the security of our Website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using our Website for unintended purposes or trying to change the behavior of our Website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our Website, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of our Website (impersonating our Website), or to our Website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Digital Xpress Inc., including promotions and/or advertising of products or services, is expressly prohibited. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of our Website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search our Website other than the search engine and search agents provided by us (if any) or by generally publicly available and acceptable browsers. If and when requested, you agree to provide true, accurate and complete user information to Digital Xpress Inc., and to refrain from impersonating or falsely representing your affiliation with any person or entity.

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CHILDRENS' PRIVACY

Our Website is intended for use by individuals 18 years of age or older. Our Website is not directed to children under the age of 18. Users under the age of 18 must use the assistance of a parent or guardian before they use or visit our Website.

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ERRORS, CORRECTIONS, AND CHANGES

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions. Additionally, we reserve the right to change or update information at any time without prior notice.

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INFORMATION & SUBMITTED CONTENT

By using our Website, you agree that any information (except for purchase information as applicable), materials, suggestions, ideas or comments you send to us or any other third party using our Website is not confidential. By submitting any solicited or unsolicited information using our Website, you grant to Digital Xpress Inc. and its affiliates ("Digital Xpress Inc.," as used herein) an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, to the extent permitted by law.

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INDEMNITY

You agree to indemnify, defend and hold harmless Digital Xpress Inc., its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this Agreement.

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THIRD PARTY WEBSITES & LINKS

Our Website may contain links to other Websites that are not under our control ("Third-Party Websites"). We provide links solely for the convenience and information of our Website users. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Website or its content. A link to a Third-Party Website on our Website does not constitute sponsorship, endorsement, approval or responsibility for any Third-Party Website. We make no representation or warranty as to any products or services offered on any Third-Party Website. The conditions of use and privacy policy of any Third-Party Website may differ substantially from the Terms of Use and Legal Notices that apply to your use of our Website. Please review the conditions of use for all Third-Party Websites for more information about the terms and conditions that apply to your use of Third-Party Websites.

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APPLICABLE LAW & OTHER TERMS

Our Website is created, operated and controlled by Digital Xpress Inc. in the State of Michigan, in the United States of America. The laws of the State of Michigan will govern the Agreement without giving effect to any principles or conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Michigan, County of Oakland in all disputes arising out of or relating to the use of our Website. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Digital Xpress Inc. with respect to our Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Digital Xpress Inc. with respect to our Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Thank you for choosing Digital Xpress Inc. as your printing company!

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