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WEBSITE TERMS & CONDITIONS

Last Modified Date: February 19, 2025

PLEASE READ THE FOLLOWING WEBSITE GENERAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. ALL USERS OF THIS WEBSITE AGREE THAT ACCESS TO AND USE OF THIS WEBSITE ARE SUBJECT TO THESE TERMS AND CONDITIONS AND OTHER APPLICABLE LAW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THIS WEBSITE.

Pratt Industries, Inc., and its subsidiaries and affiliated companies (collectively, “the Company,” “Pratt,” “Pratt Industries,” “we,” “us,” and “our”) provides this website (“Website” or “Site”) for its customers and other permitted users. We’ve worked hard to give you the essential information here and elsewhere on our Website to get you comfortable with our Website and to make it useful to you. These Website General Terms and Conditions of Use (the “Terms and Conditions”) help enable us to provide you with the products and services, information, other content and features available through our Website, and along with other terms and conditions and policies (collectively, the “Other Terms and Policies”) provided for on this Website, which will govern your use and activity on this Website.

1. SCOPE OF ACCESS TO WEBSITE AND RELATED RIGHTS

Subject to these Terms and Conditions and the Other Terms and Policies, the Company grants you a limited, revocable right to access and use the Website solely for your own use. You agree not to modify, adapt, translate, or reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code of this Website. Further, you may not reproduce all or any portion of the Website. This Website and its contents are the intellectual property of and are owned by the Company. The Company reserves the right to suspend or terminate use of this Website or its services by you or other users in its sole discretion.

2. USER ACCOUNT

If this Website is enabled now or in the future to allow you to order from this Website or for other functionality requiring a user account, you may be required to establish a user account, which will be accessible upon input of an authorized e-mail address, a designated password, and other required information that is requested from you at either log in or initial user account registration. For any user accounts, you are responsible for maintaining the security of any user passwords and other account details issued to you for use with the Website, and you are also responsible for the integrity and security of the operating environment from which you access the Website.

3. PRODUCT SALE, AVAILABILITY AND WARRANTIES

All products displayed on the Website will only be delivered within the continental United States. All prices and offers on the Website are in U.S. Dollars. We reserve the right without prior notice to discontinue or change specifications on products and services offered on this Website without incurring any obligations. Please refer to our Refunds and Returns Policy for additional information that applies to purchases made through our Website. Availability of products and prices are subject to change without notice. Warranties, if any, for products and services are provided by the applicable manufacturer or performer of such products or services and you should consult such warranties for any related questions about warranty scope. We provide no warranties for products and services not manufactured by or performed by us.

4. PRODUCT ERRORS OR OTHER INFORMATION ERRORS

Although the Company strives at all times to maintain the accuracy of information maintained on this Website, including pricing information and product details, occasionally pricing or other information errors may occur on this Website. In the event that a product that is available through this Website is mistakenly listed at an incorrect price or with other incorrect information, the Company reserves the right to refuse or cancel any orders placed for any product listed at the incorrect price or based on incorrect product information.

5. CONSENT TO RECEIVE ELECTRONIC COMMUNICATIONS; USE OF GPS TECHNOLOGY

Certain features of the Website may require you to allow e-mails, text messages or other electronics communications to be received by you, and to use these features you must provide a valid e-mail address, mobile phone number or other contact information for another communications device. By registering such information you authorize us to send you electronic communications in accordance with the settings specified with your account. In addition, certain features of the Website may utilize GPS or other location-based technology to confirm a registered user’s location for those features that are dependent on location verification, and you authorize the use with the Service of such GPS or other location-based technology. You should be aware that your carrier may charge you applicable text messaging rates for each message sent or received. You represent to us that you are the owner or authorized user of the wireless or other communications device used to receive or send any text messages or other electronic communications related to your use of the Website.

6. PUBLIC FORUMS AND INAPPROPRIATE USER CONDUCT ON SITE

We may offer chat rooms, blogs, message boards, bulletin boards, or similar public forums on this Website where you and other users of our Website can communicate. Harassment in any manner or form on the Website, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Prattindustries.com employee, host, or representative, as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

7. RESPONSIBILITIES AND DISCLAIMERS CONCERNING USER POSTED CONTENT

We do not assume any responsibility for materials posted to or created by users accessing the Website, and we are not in any manner responsible for the content of such user communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any user-posted contents or activities on the Website. However, the Company reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or other intellectual property right of another, or (d) offensive or otherwise unacceptable to the Company, in its sole discretion.

You are solely responsible for any content posted by you on this Website and the consequences of such posting or publishing of them. In connection with each of your content submissions, you represent and warrant that: (i) you own or have the necessary licenses, rights and consents to use such submissions to enable inclusion and use of such submissions in the manner contemplated by this Website and these Terms and Conditions; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual in such submissions to use the name or likeness of each and every such identifiable individual to enable inclusion and use of such submissions in the manner contemplated by this Website and these Terms and Conditions. In furtherance of the foregoing, you agree that you will not: (a) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to post the material and to grant us all of the rights granted herein; (b) publish falsehoods or misrepresentations that could damage us or any third party; (c) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (d) post advertisements or solicitations of business. We reserve the right to remove, edit or not publish any content submitted by any users of this Website without prior notice.

It is our policy (i) to block access to or remove postings or other content that it believes in good faith infringes the copyrights of third parties, and (ii) to remove and discontinue service to repeat infringers. If you believe that content posted on this website infringes your copyright, please send a notice of claimed copyright infringement, please contact us as set forth in Section 17 below to provide us further details so that we address such matter.

8. TERMINATION OF WEBSITE USE

The Company may terminate your access to this Website at any time. In addition, your access rights to use this Website may also be terminated if you fail to comply with these Terms and Conditions. You agree that the Company will not be liable to you or any third party for any termination of your use of this Website, whether as a result of your failure to comply with these Terms and Conditions or otherwise. If your use of our Website is terminated for any reason, the provisions of Sections 8, 9, 10, 13, 14, 16, 17, 19 and 20 will survive any such termination.

9. WEBSITE WARRANTY DISCLAIMERS

THIS WEBSITE AND ITS CONTENTS IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND (EXCEPT WHERE SPECIFICALLY AND AFFIRMATIVELY NOTED OTHERWISE ON THIS WEBSITE), WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THIS WEBSITE OR THE USE THEREOF, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE INFORMATION ACCESSIBLE THROUGH THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. IN ADDITION, WARRANTIES, IF ANY, FOR PRODUCTS AND SERVICES ARE PROVIDED BY THE APPLICABLE MANUFACTURER OF SUCH PRODUCTS OR PROVIDER OF SUCH SERVICES AND YOU SHOULD CONSULT SUCH WARRANTIES FOR ANY RELATED QUESTIONS ABOUT WARRANTY SCOPE. WE PROVIDE NO WARRANTIES FOR PRODUCTS NOT MANUFACTURED BY US OR SERVICES NOT PROVIDED BY US. SOME STATES DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

10. LIMITATIONS OF LIABILITY

THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOST PROFITS, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THIS WEBSITE OR ANY PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE, THE PERFORMANCE OR USE OF THIS WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW CERTAIN LIMITATIONS OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

11. ONLINE PRIVACY POLICY

We are diligent about protecting your privacy and that of other users of this Website and the use of this Website is subject to our Privacy Policy, which you may review by clicking here.

12. CHILDREN’S PRIVACY AND SITE AGE LIMITATIONS

This Website is intended for use by persons aged 18 or older, and by your use of this Website you affirm that you are at least 18 years of age. The Company will not knowingly allow registration of an account for any person that the Company believes to be younger than 18. We also do not collect any personally identifiable information from any persons under the age of 18 and if we discover that we have been provided any such information, we will delete this information from our records.

13. COPYRIGHT

The entire contents included in this Website, including but not limited to text, graphics or code is copyrighted under the United States and other copyright laws, and is the property of the Company (or its licensors), with ALL RIGHTS RESERVED. You agree not to change or delete any proprietary notices from materials downloaded or accessed from this Website.

14. TRADEMARKS

All trademarks, service marks and trade names and logos of the Company used in this Website are trademarks or registered trademarks of the Company. Other marks used on this Website that have been posted by the Company are the property of their respective owners and are used on this Website under permission.

15. APPLICABILITY OF TERMS AND CHANGES

These Terms and Conditions are applicable to you upon your accessing the Website and/or completing the registration or ordering process. These Terms and Conditions, or any part of them, may be modified by the Company without notice at any time, for any reason; provided that if we decide to modify these Terms and Conditions, we will note at the top of these Terms and Conditions the date of the last update, which should alert you to changes in these Terms and Conditions since your prior visit to this Website.

16. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from (i) any violation of these Terms and Conditions, (ii) any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your user account, (iii) any content or other materials provided or posted by you, or (iv) the violation by you of the rights (including intellectual property rights) of any third party resulting from your use of the site.

17. THIRD PARTY SITES AND LINKS

In an attempt to provide increased value to our customers and other site visitors, our Website may link to, or contain links for, third party websites or promotions offered by third parties, none of which we control or maintain. These may include websites linked to products or promotions referenced on our Website or in advertisements on the Website. We are not responsible for the terms and conditions or privacy practices employed by any third party websites accessible from our Website, and therefore you access them at your own risk. We encourage you to read the privacy statements of all third party websites before submitting any personally identifiable information while using such other websites. Nonetheless, the Company seeks to protect the integrity of its Website and the links placed upon it and therefore we welcome any feedback on not only this Website, but also for sites that this Website links to (including if a specific link does not work).

We may use third-party service providers, such as stock image providers, to fulfill our services. By using this Website, you acknowledge that these third-party services may have their own terms and conditions, which you agree to comply with. Your continued use of the Website constitutes acceptance of any applicable terms, licensing agreements, or other requirements set by these providers. We are not responsible for any issues arising from your failure to adhere to these third-party terms.

18. NOTICES

The Company may at its option deliver notices to you concerning your activities on this Website by means of email, a general notice on the site, or by other reliable method to the address you have provided to the Company.

The Company’s mailing address is as follows:

Pratt Industries, Inc.
4004 Summit Boulevard NE
Suite 1000
Atlanta, GA 30319
Attention: Chief Financial Officer

With a simultaneous copy to:

Pratt Industries, Inc.
4004 Summit Boulevard NE
Suite 1000
Atlanta, GA 30319
Attention: Douglas R. Balyeat, Esq., CPA
General Counsel and Vice President

With an additional copy by email to dbalyeat@legal.prattindustries.com.

19. GOVERNING LAW AND DISPUTE RESOLUTION

Your use of this Website will be governed in all respects by the laws of the State of Georgia, without regard to any jurisdiction’s choice-of-law provisions, and not by the U.N. Convention on Contracts for the International Sale of Goods. Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises. The language in these Terms and Conditions, the Privacy Policy and other terms and policies provided for elsewhere on this Website will be construed as to its fair meaning and not strictly for or against any party.

Other than a controversy or claim relating to the validity of our intellectual property rights (as to which we may pursue any legal remedies), all users who engage in activity directly or indirectly on this Website agree that any dispute arising out of their activity on the Website will be resolved by confidential binding arbitration in Atlanta, Georgia, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Each party will bear its own attorney’s fees, expert witness fees, and costs in connection with such arbitration.

You and we submit to the jurisdiction of the courts in the State of Georgia with respect to matters arising under these Terms and Conditions, including, without limitation, to compel arbitration in accordance with these Terms and Conditions or to confirm any related arbitration award. You and we agree (i) to accept service of process in accordance with the rules designated by the applicable arbitrator, and (ii) to abide by any decision in any such arbitration and of any court having jurisdiction to enforce such decision.

20. Return and Refund Policy for Orders Through Pratt.com

We strive to provide our users with the best possible printing experience. If you are not 100% satisfied with your order for any reason, please contact our customer-service department. Our representative will document your complaint and create a ticket for your reference.  We will provide the following:

-For defective print orders:  100% refund or reprint (up to the amount you paid for the defective product or $1000 (whichever is less)).

-For orders lost in transit:  100% free expedited reprint (but only for orders not exceeding $250)

-For late-delivered orders:  refund of 20% of the amount you paid for the products (excluding tax, shipping, handling, and design services) for every weekday (excluding federal holidays) that the order was late (up to a maximum of $200).

The Company has sole discretion to determine if a product is defective or if an order was lost in transit.  In most cases, users will have to submit digital photos of the alleged defect and/or ship the product back to our customer-service department to be considered for a refund or reprint.  Turnaround time and shipping time for reprints will vary depending upon available production capacity and the Company’s discretion.

The foregoing policies do not apply to direct-mail orders, including printing, mailing services, list services and design services. The Company will evaluate any complaints regarding direct-mail orders on a case-by-case basis and has sole discretion to determine whether to issue any refund/reprint.  In no circumstance will we refund postage once the mail piece has been dropped off at the post office.

All policies in this section are subject to change without prior notification.

21. Cancellation

An order may not be cancelled once it is "In Production".

22. Color Accuracy

The Company will reproduce color from submitted print-ready files as closely as possible but cannot exactly match color and density (as viewed in a 5000K light booth). Because of inherent limitations with the printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. By placing an order with the Company, you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed piece.

Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on screen proofs that you approve. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.

23. No Liability for Errors

The Company is not liable for errors in a final product caused by any of the following:

  • Spelling, punctuation and grammatical errors
  • Low-resolution or low-quality graphics and images
  • Damaged fonts
  • Transparency issues
  • Overprint issues
  • Artwork files that are not created following our specifications
  • Variances in color from the conversion of Pantone or RGB colors to CMYK
  • Errors in user-selected options such as size, quantity, paper and finish
  • Duplicate orders submitted by you
  • Incorrect files uploaded
  • Incorrect file orientation
  • Cracking on folds
  • Cutting variances
  • Minor discolorations
  • Incorrect or undeliverable shipping address
  • Damage to products after delivery

You are responsible for reviewing their files and correcting any issues prior to placing the order. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or other requirements, or that any errors in the Service will be corrected in a timely manner or at all.

24. Artwork Files

Our prepress department checks all submitted artwork files before printing, but are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submission. The Company is not responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By submitting artwork, you certify that you have the right to use the image(s), marks, logos, fonts, text, or any other assets in your artwork files. DO NOT send any "one-of-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.

Under these Terms & Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, nudity, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order based on foregoing reasons or for any other reason which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

The Company may also provide artwork design tools which offer a limited number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use and offer all such elements to other parties in the future. Other users may use the Website’s same design tools to create images that may have similar or identical combinations of these elements. The Company provides no warranty of any kind that artwork created using the design tool will not infringe, or be subject to a claim of infringing, on the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any image, mark, logo name or design is legally available for your use and does not infringe on another party's rights.

We may, based on our sole discretion, set limits to the maximum number of days that we will retain designs or other uploaded files, as well as the maximum storage space that we would allocate to such files. The Company is not responsible for the deletion or failure to store any file whether uploaded or designed on our webWebsite. We reserve the right to delete any file stored which has been inactive for an extended period of time, or for any other reason, without prior notice.

25. Proofs

If requested, an online proof will be available for your review after we have received your files for print. Actual time will vary depending on our current workload. Jobs with proof requests will not be sent to press without your approval unless the proof approval is explicitly waived. It is each user’s responsibility to log in to their account and check on their proof. We are not liable for delays in the order caused by User's non-approval of the proof.

An online proof is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and over print issues. Nor do they show color change from RGB or Pantone to CMYK.

The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. User is fully responsible for all that is contained in the final approved proof.

The Company offers hard copy proofs which show reasonable likeness to the final printed pieces. Such proofs are recommended for color-critical art and must be requested by the User when the print order is made. Hard copy proofs are printed on a substrate different from the actual paper stock and while its main purpose is to show color, variations may occur depending on the finish selected for the final print job.

The request for a hard copy proof may involve an additional fee and would extend the amount of time needed to complete the job. For orders where a hard copy proof has been requested, the approval must be received by the Company on or before our published cut-off times. We will make every effort to match colors in production when a hard copy proof is requested. However, it is each user's responsibility to determine if they need a hard copy proof with their print order.

26. Printing Turnaround Time

Printing turnaround time begins after we have received your print-ready files, approval for your proof and full payment for your order. If you have chosen to waive your proof approval, printing turnaround time begins after we have received your print-ready files and full payment for your order. For orders that do not have complete digital artwork files, or have files that are not print-ready, printing turnaround time will begin after we receive acceptable print-ready files regardless of when payment was made.

Orders must be paid, print-ready files received and proofs approved by 5:00 PM EST for printing turnaround time to begin the next business day. Please note that there is no production or shipping on Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, while Printing turnaround time includes printing, cutting, and binding, it does not include additional or custom design, mailing, or shipping transit times. You should allow additional business days for delivery based on the shipping method you selected. The estimated printing turnaround time advertised on this Website is based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays and holidays.

27. Target Arrival

Target arrival dates are calculated by adding the printing turnaround time to the shipping transit time. Both printing and shipping times are based on business days only and do not include weekends or holidays.

The cut off time for accepting files is 9:00 AM EST. If we receive print-ready files, proof approval, full payment and have successfully validated your delivery address by that time, we will commit to printing and shipping your product within the selected timeframe.

If you have requested a Hardcopy Proof, factor in approximately six business days to receive and approve your proof. For Next Day Hardcopy Proof, factor in an additional two business days. Please understand that target arrival dates are estimates, not guarantees. The Company assumes no responsibility for delays caused by shipping carriers, weather, the breakdown of equipment, illness, etc.

28. Shipping

You will need to select one of the shipping methods presented to you on the Website. All shipping may be done using FedEx, UPS or other freight carriers as may be provided as an option by Company. The Company reserves the right to use the most appropriate carrier for the required transit time and destination. When choosing a shipping method, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by the carrier. For instance, a product shipped Two Day service and picked up on a Thursday would be delivered by end of day Monday.

The Company's responsibility is limited to preparing your printing order and turning it over to the carrier for shipping. Shipping transit times vary and the Company assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.

The Company is not liable for damages that occur during shipping. The Company reserves the right to modify the shipping option selected by you and retain any related difference in charges between shipping options, where the Company completes the job prior to the turnaround time selected by you and there will be no adverse material impact on the target arrival date (see Target Arrival section below).

29. Sales Tax

The Company charges sales tax on orders picked-up from or shipped to an address within the United States of America unless you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate.

If, after the invoice has been paid, it is determined that more tax is due, then you must promptly remit the required taxes to the taxing authority.

30. License Grant and Content Usage Rights

To enable us to provide the services and products you have requested, you hereby grant the Company a non-exclusive right to use, print, reproduce, transmit, and distribute your user content (or any content provided to the Site) as necessary to fulfill your order. Additionally, by using the Site and/or services, you grant the Company a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual, irrevocable, sublicensable right and license to use, display, and reproduce any content you provide to the Site or that is related to the products you have ordered, for marketing, promotional, and other commercial purposes. You represent and warrant that you possess all necessary rights to the content you submit to the Site, thereby granting the Company the rights specified in this section. You are solely responsible for all content you make available on the Site.

31. Limitation on Legal Actions for the Services

  • Any right that you might have to damages, refunds, credits, recovery of reliance interests, disgorgement, restitution, injunctive relief, declaratory relief or any other legal or equitable relief whatsoever against us under any cause of action arising from the transportation will be extinguished unless you first comply with all applicable notice periods and requirements in these Terms and Conditions including, but not limited to, the periods and requirements for providing notice for billing claims. You understand that timely and complete compliance with such notice periods and requirements is a contractual condition precedent to your right to any relief whatsoever, and you must plead compliance with those conditions precedent on the face of any complaint that you file against us.
  • You agree not to assert that we have breached any obligation to you unless or until we wrongfully deny a claim submitted to us pursuant to the notice periods and requirements contained in these terms and conditions.
  • You agree that you will comply with applicable notice periods and requirements even if you believe that such compliance will not result in relief from us or if you lack knowledge regarding whether such compliance will result in relief from us.
  • You agree that you will not sue us as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against us. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff.

32. MISCELLANEOUS

The Company’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any of these Terms and Conditions. The Company may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.