Terms and Conditions

TERMS AND CONDITIONS:

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. WHEN YOU ACCESS, BROWSE, AND/OR USE THIS WEBSITE (INCLUDING THE ORDERING OF PRODUCTS THROUGH THIS WEBSITE), YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS & CONDITIONS STATED BELOW AND ALL APPLICABLE LAWS.

IF YOU DO NOT AGREE WITH ANY CHANGE, MODIFICATION, OR AMENDMENT FLEXPRESS DIGITAL LLC MAY MAKE TO THE SITE TERMS, YOU MAY WITHDRAW YOUR CONSENT TO BE BOUND TO THE CHANGES BY NOTIFYING FLEXPRESS DIGITAL LLC IN WRITING IMMEDIATELY. IF YOU WITHDRAW YOUR CONSENT, HOWEVER, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF YOUR ACCOUNT AND THIS WEBSITE. YOUR ACCOUNT WILL BE DEACTIVATED, AND YOU WILL NO LONGER BE ELIGIBLE TO USE THIS WEBSITE OR ORDER FURTHER PRODUCTS OR SERVICES FROM FLEXPRESS DIGITAL LLC. IF YOUR ACCOUNT IS DEACTIVATED, THIS WILL NOT AFFECT YOUR RESPONSIBILITY FOR PAYMENT OF JOBS ALREADY COMPLETED AND/OR IN PRODUCTION.

NOTE: AS MORE FULLY EXPLAINED BELOW, FLEXPRESS DIGITAL LLC RESERVES THE RIGHT TO CHANGE, MODIFY, OR AMEND THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THIS SITE IS AND WILL BE DEEMED TO BE YOUR AGREEMENT TO BE BOUND BY ANY SUCH MODIFICATIONS, ALTERATIONS, OR UPDATES.

If you have any further questions or need additional information, please don’t hesitate to ask.

RELATED POLICIES AND TERMS

There are certain additional policies, terms, and conditions that apply to the use of specific sections of this Website, and to the purchase of products from Flexpress, LLC or related entities (collectively “Flexpress”). These supplementary policies, terms, and conditions are integrated as and will be considered part of these Terms and Conditions (collectively all such terms and conditions are referred to as the “Site Terms”). Please make sure to refer to and review all additional specific terms and conditions, including the following:

– Shipping Policy

– Pick-Up & Local Delivery Policy

– Refund/Reprint Policy

– On-Time Production Guarantee For Next Day Orders

– Customer Rewards Program (requires login)

– Privacy Statement

– California Privacy Notice (if you are a California resident)

– CA Supply Chains Act

The Site Terms exclusively govern your access and/or use of this Website and do not change in any way the terms or conditions of any other written agreement you may have with Flexpress.

Flexpress prioritizes its customers’ privacy. Please ensure you review the Privacy Statement section of this Website so that you may understand how Flexpress collects and uses information.

MODIFICATION OF SITE TERMS

Flexpress reserves the right to modify, alter, and/or revise the Site Terms (these Terms and Conditions and/or one or more of the additional terms and policies mentioned above) from time to time. The right to modify, alter, and/or revise the Site Terms is unique to and solely within the discretion of Flexpress.

If the Site Terms are changed, altered, and/or revised, Flexpress will publish the new terms on this Website and the “last updated” date relevant to the terms and conditions containing the change will be altered. Any changes, alterations, and/or revisions will take effect upon the posting of the updated terms to this Website. By agreeing to these Site Terms, you are also consenting that the posting of any such changes constitutes notice to you of the changes, alterations, and/or additions and you acknowledge that it is your duty to review these Site Terms (and each of the components thereof) each time you visit or use this Website.

If you do not agree with any change, alteration, or revision Flexpress may make to the Site Terms you may withdraw your consent to and agreement to abide by them by notifying Flexpress in writing immediately. If you withdraw your consent, however, you must promptly cease your use of your account and this Website. Your account will be deactivated, and you will no longer be eligible to use this Website or order further products or services from Flexpress. If your account is deactivated, this will not impact your responsibility for payment of jobs already completed and/or in production.

Flexpress may from time to time choose, at its sole discretion, to inform you of changes to its Site Terms and policies via additional methods such as e-mail (in addition to posting the changes to this Website). The fact that on one or more occasions Flexpress has chosen to inform you via such additional methods does not constitute an agreement of any kind by Flexpress that it will do so in the future; the posting of modifications, alterations, and/or amendments to this Website remains the effective notice of such modifications, alterations, and/or amendments.

ELECTRONIC COMMUNICATION

Your use of this Website signifies your agreement and consent that Flexpress may engage with you electronically for all purposes. This includes all legal and notice requirements. Such electronic communications may take the form of postings on this Website and/or e-mails sent to the e-mail address you provided when you registered with Flexpress. You may withdraw your consent to receive electronic communication at any time, but if you do so, it will only apply prospectively (not for jobs already ordered or in production). Your account will be deactivated, and you will no longer be eligible to use this Website to order further products or services from Flexpress. If your account is deactivated, you will remain liable for payment of print jobs already completed or in production.

 

This electronic document, along with any other electronic documents, policies, and guidelines incorporated herein, as well as any e-mail communication with you, will be considered for all purposes as a “writing” or “in writing,” and will comply with all statutory, contractual, and other legal requirements for a writing. All such electronic documents will be legally enforceable as a signed writing against the parties subject to the electronic documents. They will be considered an “original” when printed from electronic records that have been established and maintained in the ordinary course of business. Electronic documents that are established and maintained in the ordinary course of business will be admissible in judicial, arbitration, mediation, or administrative proceedings to the same extent as other records in written form that are similarly established and maintained in the ordinary course of business.

SITE USE

You are being granted a limited license to use this Website and Site Content solely for the purpose of evaluating the product and service offerings on the Website and placing orders for the products and services offered by Flexpress via this Website. You are not bestowed any right or license by implication, estoppel, or otherwise in or under a patent, trademark, copyright, or proprietary right of Flexpress or any third party. You may not use any meta-tags or other “hidden text” utilizing Flexpress’s name or trademarks without Flexpress’s explicit written consent. Unless you receive Flexpress’s explicit written consent, you may not:

 

– Resell or make any other commercial use of this Website (or any portion thereof), or the Site Content;

– Modify, adapt, translate, reverse engineer, decompile, disassemble, or convert into a readable format, any part of this Website or its underlying HTML or other code (except as it may be interpreted and displayed by web browser for purposes of using the Website).

– Copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post, or transmit any Site Content (including any Flexpress trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise;

– Create a derivative use of the Website and/or any Site Content; or

– Utilize data mining, gathering or extraction methods such as bots, spiders, or other automated tools (whether directly or indirectly) to collect information from the Website or any user of the Website.

 

You agree to adhere to these Site Terms and not to use the products and services offered by Flexpress for any improper, illegal, unsolicited, or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of improper solicitation.

 

Flexpress may terminate this license and your use of or access to this Website if you make or permit any unauthorized use of this Website or the information, Site Content, services, products, and materials contained in or offered through this Website. Such actions by you may also infringe applicable law including, without limitation, copyright laws, trademark laws (including trade dress), and communications regulations and statutes. We reserve the right to have all violators prosecuted to the fullest extent of the law.

Registration

In order to benefit from the complete functionality of this Website and to order products and services, you will need to register and set up a membership account with Flexpress. If updated, new, additional, and/or enhanced features are added to this Website, previously registered users will generally not be required to re-register, however, you may be required to re-acknowledge these Terms and Conditions and/or other terms and conditions that may accompany these new features, updates, and/or enhancements.

 

When you register, you commit to providing accurate and current information about yourself (and your company) as requested during the registration process. You also commit to updating and maintaining your account information so that it remains accurate and current.

 

Not all products and services on this Website are accessible to all customers. The products and services available to you will depend on your overall relationship with us, as measured by our loyalty program. You agree that when you access and use this Website, you are only entitled to order those products and services that are available within the loyalty level you are assigned to at that time.

 

As part of the registration process, you will be required to create a User ID and select a password. It is your responsibility to pick an appropriate password and to keep it confidential. You are accountable for all activities that occur under your User ID and password. If you believe your User ID/password has been compromised in any way you should immediately change it by logging into your account and then following the instructions for changing your password. You agree that you will promptly notify Flexpress in the event you become aware of any unauthorized use of your user ID or password.

Customer Provided Content

For specific product and service offerings, you may choose to digitally upload or otherwise submit data, text, photos, graphics, messages, or other materials (collectively referred to as “Customer Content”) to Flexpress for inclusion in print products. You understand and agree that you (and any other person from whom it may have originated) are solely responsible for all Customer Content. When you upload or otherwise provide Customer Content to Flexpress, you assure and confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process. You agree to defend, indemnify, and hold Flexpress and its officers, directors, employees, shareholders, agents, and affiliates harmless from any lawsuit, demand, or claim arising from any breach of this assurance and agree to pay any judgement or reasonable settlement offer resulting from any such suit, demand, or claim, and to pay any attorney’s fees incurred by Flexpress in defending against such suit, demand, or claim.

 

Flexpress does not maintain Customer Content indefinitely. Customer Content uploaded to the Website with an associated order will be retained for a period of up to 15 (fifteen) days. After that time, it may be deleted and irrecoverable. Please note that Customer Content uploaded to Flexpress cannot be used to reorder an additional print job; it is only maintained for reprint purposes.

 

You agree not to send, upload, post or otherwise transmit to Flexpress any Customer Content that contains material that: (i) is unlawful, threatening, abusive, defamatory, obscene, or promotes racism or discrimination of any kind; (ii) invades another person’s privacy; (iii) furthers the commission or concealment of a crime; (iv) advocates or urges treason, insurrection, sedition or forcible resistance to any law of the United States; (v) is not lawfully yours to transmit; (vi) is the subject of, or infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right, or other intellectual property right of another person or entity; (vii) contains software viruses, trojans, malware, or other harmful or malicious computer code, or that in any other way would interfere with or disrupt the services and/or production of Flexpress and/or any servers or networks connected to or used in connection with the delivery of such service and production.

 

You acknowledge that Flexpress does not pre-screen Customer Content, but reserves the right to do so at any time and that Flexpress and its affiliates have the right (but not the obligation) in their sole discretion to remove any Customer Content and/or refuse to fulfill a print job or order that violates these Site Terms or may otherwise be objectionable. You further acknowledge and agree that Flexpress may preserve Customer Content and may also disclose Customer Content if required to do so by law or in the belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Site Terms; (c) respond to claims that the Customer Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Flexpress, its employees, users, and the public in general.

 

Despite the upload of Customer Content to this Website, and/or the inclusion of Customer Content into any product or service offered through this Website, Flexpress retains all of its rights in and to all Site Content on this Website, whether created by, for, or on behalf of Flexpress.

 

Please note that if your order requires additional customization to be done by a third party, Flexpress is no longer responsible for the order and Flexpress’s liability to you is terminated at the time the order leaves Flex

Use of Design Tools

The design tools provided on this Website are accessible to all users of the Website. If you create a design, such as a sign, emblem, or logo, you do not acquire any right or claim to any of the individual design elements provided through this Website that facilitated the creation of the design. These design elements are, and will remain, the property of Flexpress (or the licensor, if applicable) and will continue to be freely accessible to other Flexpress customers. Your use of the Site Content available on this Website and/or the creation of products or materials using such Site Content does not create joint authorship, joint ownership, works made for hire, or any other kind of interest with Flexpress concerning such Site Content.

 

The responsibility lies entirely with you to determine whether any design you might create using the design tools provided by Flexpress infringes or could potentially be subject to a claim of infringement upon the trademark, copyright, or other rights of a third party. You should consult with an attorney to determine if a design you create might infringe upon the rights of another party.

 

This site may contain links to websites owned and/or operated by third parties, which are not under the control of Flexpress. These links are provided solely for your convenience. Flexpress does not evaluate, review, monitor, or endorse the content of such sites and is not responsible in any manner for the information, services, products, or other materials available on or offered by such sites, the accuracy of the content on such sites, and/or the privacy, security, and safety practices of such sites. You expressly understand and agree that if you access any such sites through a link provided by Flexpress, you do so at your own risk.

Uploaded Content Requirements

We highly recommend that content uploaded to Flexpress for print fulfillment is:

 

At a minimum of 300 DPI at 1:1 ratio (or 100%). Content not meeting this standard may experience print or images that are fuzzy, pixelated, or otherwise distorted, for which Flexpress does not assume any responsibility. We reserve the right to reject content that does not meet this standard, but we do not assume any obligation to verify that the content meets this criterion.

 

Designed in CMYK and uploaded to Flexpress in CMYK with no embedded color profile. (You may choose to upload in RGB or some other standard, however, the color will be converted and Flexpress is not responsible for any inaccuracy or color shift that occurs as a result of the conversion).

Color Quality

Flexpress guarantees that its prints will meet CMYK industry standards. We cannot guarantee “match-print” color fidelity and cannot prevent slight color shift throughout an order. Because we cannot control the color reproduction of a customer’s computer monitor, we cannot guarantee that the actual print color will precisely match any preview as it appears on your monitor. Flexpress is not responsible for any color shift in converted photographs (RGB images) with black, near black, or gray tones. Color shifts from a perceived black or gray must be addressed prior to file submission. Proofs do not guarantee black, near black or gray final output. Please note that the application of UV coating may have an effect upon or change the appearance of printed colors. Flexpress is not liable for the final color appearance of a UV-coated product.

Production Turnaround Time

The standard turnaround time at Flexpress is dependent on the specific product ordered. Unless otherwise specified, you will be billed for the standard turnaround time applicable to your ordered product.

 

Turnaround times do not include shipping time. The expected arrival date of your order is a combination of the selected turnaround and shipping times. After your order is placed, it’s generally not possible to alter the turnaround time, and charges will not be reversed.

 

For your convenience, Flexpress offers a range of different production turnaround times based on the product ordered. Not all products will have the same available turnaround times, and these will be specified during the ordering process.

 

Same Day Service (may not be available at all locations) — All orders that are ready for production and confirmed no later than 10:00 a.m. will be prepared for shipping or pickup by the end of the same day. Orders not placed and confirmed by 10:00 a.m. will be considered as received on the next business day.

 

PLEASE NOTE:

 

Pickup is available for select items and current pickup hours will be indicated on the pickup slip.

We offer limited local delivery via UPS Ground. If local delivery is available when you place an order, it will be among the shipping options offered to you. However, not all addresses within a delivery zone may be eligible for local delivery, and we reserve the right to refuse local delivery services.

Same day turnaround is only available for quantities up to 500.

We reserve the right to print same day turnaround products on our digital presses.

Next Business Day — All orders ready for production and confirmed by no later than 10:00 a.m. will be ready by the end of the next business day. Orders not placed and confirmed by 10:00 a.m. will be considered as received before 10:00 a.m. the next business day.

 

Next Day Plus 1 — All orders ready for production and confirmed by no later than 1:00 p.m. will be ready by the end of the second business day following receipt. Orders not placed and confirmed by 1:00 p.m. will be treated as received before 1:00 p.m. the following business day.

 

2-4 Day — All orders ready for production and confirmed by no later than 1:00 p.m. will be ready anytime between the second and the fourth business day after receipt.

 

5-7 Day — All orders ready for production and confirmed by no later than 1:00 p.m. will be ready anytime between the fifth and the seventh day after receipt.

 

7-9 Day — All approved orders ready for production and confirmed by no later than 1:00 p.m. will be ready anytime between the seventh and the ninth business day.

 

Please note: Turnaround times for jobs that Flexpress deems are not ready for production (e.g., those with issues or requiring a proof) will not commence until the job is approved and ready for production.

 

Choosing grouped shipping may add at least one additional day to your selected turnaround time.

Over/Under Runs

While we strive to deliver the exact quantity ordered, Flexpress retains the right to ship within a 5% margin above or below the requested quantity. If a specific minimum quantity is crucial, we suggest you increase the total quantity ordered to compensate for the potential of an under-delivery.

Order Approval/ Proofing

Flexpress has no obligation to proofread or review the content or layout of your order. Even if a Flexpress customer service representative has asked about the characteristics of one of your previous orders, you should not expect or assume that Flexpress will review any other orders you place. Orders are printed exactly as submitted, and the customer bears full responsibility for the final proof and layout verification and approval before it is sent to the printing process. Flexpress DOES NOT make changes to customer files. By submitting an order to the printing process, you are affirming that you are completely satisfied with the layout and content of the document and accept accountability for any errors it may contain. Flexpress assumes that you have verified that the spelling, grammar, content, layout, and so forth are all correct and will not take responsibility for errors like misspellings, graphical errors, grammar issues, damaged fonts, punctuation errors, transparency, overprint, improper layout, bleeding, incorrect cut or fold lines, die lines or crop marks, sizing, and so on.

 

Flexpress does not provide proofs for any order unless the customer requests it during the ordering process and it’s a provided option for the product. If you request a proof, it is your responsibility to check the proof against the original (and to fix any spelling or grammatical errors, etc.).

 

If a proof is requested, your job will not be processed or considered ready for production until you have approved the proof in writing. Please be aware that this may affect the turnaround time for the job.

EDDM Services

Flexpress offers two options for EDDM services: Print Only and Full Service.

 

Print Only:

With the Print Only service, EDDM products are printed and ready for you to pick up or for delivery to your location. You have the option of having your products bundled in packs of 50 or 100 pieces, or you can choose to receive the entire order “loose,” meaning not bundled. If you choose Print Only, we do not fulfill any of the USPS requirements for EDDM (Retail or Business Mail Entry Unit) products other than the bundling service. The responsibility for setting up and delivering the products to the appropriate United States Postal Service (“USPS”) location rests solely with you. We do not assist in selecting postal routes for your EDDM mailing, nor are we responsible for the layout or setup of your EDDM mailing piece, including but not limited to the placement and sufficiency of the address and mailing indicia. Please refer to the USPS website for applicable rules and guidelines for proper EDDM processing.

 

Full Service:

Our Full Service EDDM offers an interactive map that helps you choose USPS postal routes for your order. This information is provided “as is” and Flexpress does not guarantee that it is up-to-date or accurate when your order is placed. After choosing the relevant routes, you need to use the Flexpress provided template (with pre-set mailing indicia) to create your EDDM mailing piece and to upload the file to Flexpress. If you shift the location of the mailing indicia or address section, please ensure that you have complied with USPS rules and guidelines.

 

Once uploaded, your EDDM order will be printed as received with the necessary quantity for delivery. It will be bundled, prepared for mailing, and dropped off at the USPS location closest to the Flexpress production facility handling your order. From this point, USPS takes over responsibility for delivery to your selected postal route(s), and your order falls under all USPS rules, guidelines, and timelines. Any delay, damage, or loss occurring post-delivery to USPS is the responsibility of the USPS.

 

When placing your Full-Service Order, you can select a “Target in Mailbox Date,” which is typically a minimum of 12 (twelve) business days from the order placement date. This target date is an estimate based on information provided to us by USPS. Flexpress does not guarantee delivery to your selected postal route(s) by or on the chosen Target in Mailbox Date.

 

If your order contains time-sensitive or dated materials, we suggest you choose the Print Only option and place your order well in advance of the required USPS delivery date, selecting a shipping service level that guarantees delivery to you by a specific date. If you opt for the Full-Service option for time-sensitive or dated material, you are assuming the risk that the materials may not be delivered on time. We recommend selecting a Target in Mailbox Date that is at least 25 days from your order placement date. A more suitable alternative for time-sensitive or dated material might be to utilize Flexpress’s mailing service. Please contact our customer service department for more information.

 

The Full-Service option mandates the use of Flexpress’s mailing indicia. We provide USPS-approved templates, with pre-loaded mailing indicia and address location, for your use. However, if you shift or modify the position of the mailing indicia or address section, it is your responsibility to ensure compliance with USPS requirements. We will not check your compliance when you upload the file to us for processing.

 

Please Note: There will be no refunds, whether you opt for Print Only or Full-Service, if the mailing indicia and/or address area fail to meet USPS requirements.

Promotions, Special Offers and Discount Coupons

Occasionally, Flexpress may run promotions and special offers identified by a Coupon Code. Each Coupon Code will have distinct requirements and rewards. Usually, you will receive a Coupon or an email with the Coupon Code. If you receive such a Coupon or email, please read it carefully, as all stated requirements must be met in order to benefit from the promotion or special offer. Unless stated otherwise, all Coupon Codes are for one-time use and are available only to Flexpress account holders in good standing.

 

Promotions and special offers may be restricted to certain account holders (e.g., they may be limited to loyalty levels, or the terms may vary by loyalty level).

 

To utilize a promotion or special offer, input the Coupon Code in the relevant field when placing an order. Not all products are eligible for promotions and special offers. If a Coupon Code does not work when entered, it means the specific product does not qualify for the promotion or special offer; this decision is conclusive.

 

A Coupon Code cannot be combined with any other promotion, special offer, discount, or reward offered by Flexpress (including redemption of Rewards Points). If you enter a Coupon Code or avail a promotion, special offer, discount, or reward, you will be unable to use another Coupon Code or benefit from any other promotion, special offer, discount, or reward.

 

Coupon Codes are applicable only to products ordered through Flexpress’s website; they cannot be used in conjunction with the purchase of products sold by or under the brands of third parties (including Flexpress affiliates and/or websites linked to any existing Flexpress website). Coupon codes are not applicable to custom orders.

 

Coupon Codes cannot be used to cover taxes, shipping and handling, or other charges. If the promotion or special offer has a minimum purchase requirement, taxes, shipping and handling, and other charges do not count towards the minimum purchase amount.

 

If a promotion or special offer is for a specific amount (e.g., $10.00 off) and applies to a multiple-item order (e.g., multiple sets of business cards), it will be distributed to each eligible item based on the proportion of the item’s value to the total value of all eligible items, excluding shipping and handling, taxes, and other charges. Certain items may not be eligible for the promotion and will not be included in the calculation.

 

Promotions and special offers are only valid for a limited time. They will expire on the date or within the timeframe mentioned in the offer. If no date or timeframe is specified, a promotion or special offer is valid until the end of the month when the Coupon Code is first eligible for use.

 

Coupon Codes (and the Coupons or emails that contain them) are not for resale, hold no independent cash value, are not cash redeemable, and will not be replaced if lost, stolen, or deleted. Coupon Codes (including those received as refunds from us) are valid for 12 (twelve) months after the date of issuance, after which they will expire, and you will not be able to redeem them.

 

Coupon Codes will not be applied retrospectively to orders already placed with Flexpress.

 

If a Coupon Code is used and the entire order is cancelled or rejected, or if you return all items in the order, then in accordance with our Returns/Refund/Reprint Policy, you will be refunded only the actual amount paid. The coupon code will no longer be valid.

 

If only part of your order is cancelled or rejected, or if you return only some of the items in your order, then according to our Returns/Refund/Reprint Policy, the applicable discount or promotion will be applied to the item(s) retained. However, under no circumstances will a promotion or special offer of any kind be applied to create a credit balance. If the balance of a partially canceled, rejected,

 

 or returned order is less than the value of the promotion or special offer, the promotion or special offer will be applied to the outstanding balance (excluding shipping and handling, taxes and other charges). The remaining balance of the promotion or special offer is void, and the Coupon Code will no longer be valid.

 

Flexpress reserves the right to discontinue a promotion, special offer, or coupon at any time and with immediate effect.

Payment

All prices and monetary values on this Website are represented in United States dollars. Flexpress currently accepts the following credit cards: VISA, MasterCard, American Express, and Discover. We retain the right to cease accepting credit cards from one or more issuers at our discretion.

 

To register with and order products and services from Flexpress, it is essential that you provide and maintain on file a valid, authentic, and current credit card that you are authorized to use. By providing a credit card number to Flexpress, you represent and warrant that the credit card information you offer is valid, authentic, current, and authorized for your use. You agree that if the credit card information you have provided becomes invalid, outdated, or you are no longer authorized to use the card, you will promptly provide a new credit card number that is valid, authentic, and current, and which you are authorized to use. Some electronic transactions may require extended processing in addition to credit card authorization. You will be informed by a Flexpress customer service representative if extended processing is necessary to complete your transaction request through our Website. This may impact your estimated delivery date.

 

Unless Flexpress agrees otherwise, all product and service orders must be paid for at the time of the order and accompanied by an authorization to charge a credit card on file with Flexpress or to charge a valid, authentic, and current credit card that you provide at the time of the order. (If new credit card information is provided at the time of the order, it will be added to the credit card information kept on file; Flexpress will not presume that previously provided credit card information is still valid). If a charge against a credit card you provide is not authorized or accepted, or is later refused or rejected, we reserve the right to cancel your order without notice or liability.

 

If you make one or more changes to an existing order that incur additional charges, those charges will be applied to the credit card used for the original order, or to an alternative credit card that you provide to us.

 

In the event that Flexpress and you have agreed upon an alternative method of payment and the payment is not received within five (5) business days of the due date, you hereby irrevocably agree that Flexpress may charge one or more of the credit card(s) you have on file for the full amount of your outstanding account balance.

Order Cancellation

A print order can be withdrawn at any point before it goes into production. If you withdraw an order before it enters production, a Flexpress customer service representative will notify you of any cancellation fees incurred. (Please allow at least 10 business days for any refunded amounts to be credited back to your account). A print order cannot be withdrawn, and no refund will be provided once it has entered into production or any subsequent process. There are no refunds available for Logo and Graphic design services. All order cancellations must be completed through this Website by accessing your Pending Orders. If you don’t see a cancellation button, the job has entered production and can no longer be cancelled.

Markup Tool

Flexpress’s Markup Tool enables you to create customized quotes directly from the Flexpress website using the current Flexpress pricing. Other than the Flexpress pricing provided as part of a quote, Flexpress does not store or duplicate any of the information you input to create the quote, so please ensure that you keep a copy of all quotes.

 

Flexpress does not, and takes no responsibility to, validate any of the data you input into the Markup Tool or the final price that is generated. It is your responsibility to confirm that the final pricing in the quote aligns with your intended markup.

 

The “Price Per Unit” used to create your quote is the current Flexpress product price for your loyalty level at the time the quote is created. Flexpress will honor this pricing for a period of 14 days from the date the quote is created. If there is any disagreement regarding the pricing in any quote, you agree that Flexpress may and will apply the “Price Per Unit” for the product based on your loyalty level at the time the quote was created. Please keep a copy of all quotes you create.

 

Flexpress’s Markup Tool is not available for all products. If you need further assistance, please contact Customer Service. Flexpress’s Terms and Conditions continue to apply to all orders placed.

Price Match

If you encounter a lower online price for an identical item from another trade printer (“Competitor”), sign into your Flexpress account and submit a Price Match quote on the provided form.

The quote must include a current screenshot from the Competitor’s website, clearly demonstrating the item, quantity, details, features, size, and price. The screenshot must be dated within the last 30 days.

Flexpress will review your request and respond within one business day. Flexpress does not guarantee a Price Match. If a lower Competitor price cannot be matched, Flexpress will provide a best price offer.

You must request a Price Match before placing an order through your trade account. Flexpress will not retroactively grant a Price Match.

Price Match requests will expire in 30 (thirty) days from the date the request is approved and cannot be reactivated.

Price Match will only be granted on Flexpress’s regular print products that can be ordered directly via the Flexpress website at the time you request the Price Match.

To have the lower price honored on your order, you must wait for email confirmation before placing your order. If you place your order while your request is pending, the lower price, if granted, will not apply.

We may limit the quantity we sell of the price matched item, particularly if the other Competitor has set a limit.

We may not match Competitor’s special event prices, (e.g., grand opening, anniversary, clearance, timed sales, and holiday or liquidation sales).

Coupons and other promotions or discounts will not apply to the Price Match price. If Flexpress grants you the Price Match price, no other discounts will apply.

Loyalty reward points are eligible for Price Match orders, excluding taxes and delivery charges.

Price Match only applies to the “in-hand price” including product and shipping.

If you have any further questions about the Price Match policy, please contact Flexpress’s Customer Experience Department at 877–782–2737 or email: estimating@flexpress.com.

This policy is subject to change without notice and is part of the Flexpress.com, trade.flexpress.com and flexpress-printing.com’s terms and conditions.

INTELLECTUAL PROPERTY

Copyright Ownership. This Website, the Website layout and design, and all Website page themes and skins are the property of Flexpress and are protected by U.S. and international copyright laws. All content of the Website, including without limitation, HTML text, graphics, other files, code, software layout, designs, forms, templates, artwork, photographs, images, document layouts, text, fonts, music, software tools, and other information, either alone and/or as compilation thereof (collectively, the “Site Content”), constitutes the copyrighted property of Flexpress or of those parties from whom Flexpress has licensed such property, and is protected by United States, international and other laws. Flexpress reserves all rights in and to this Website and the Site Content worldwide. Your use of this Website and/or any Site Content does not convey to you or any other person an interest of any kind to the Site Content. Flexpress reserves the right to add to, delete from, or modify any part of the Site Content at any time without prior notice.

 

Copyright Policy. Our policy is to respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This policy outlines the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA, but we will respond to notices of this form from other jurisdictions as well. It is expected that all users of any part of this site will comply with applicable copyright laws. If, however, we receive proper notification of claimed copyright infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

 

Infringement Notification. Upon receipt of proper notification of claimed infringement, we will follow the procedures outlined herein and in the DMCA.

 

To file a notice of infringement with us, you must provide a written communication (by fax and regular mail) that sets forth the information specified in the list below. Email communication will not be permitted. Please note that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer.

 

To expedite our ability to process your request, please use the following format:

 

Identify with sufficient detail the copyrighted work that you believe has been infringed, and provide a photograph if possible;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;

The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;”

The following statement: “I swear

 

, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;” and

Sign the document.

Send the written communication to:

Flexpress, LLC

Attn: Legal Department

(Provide Company’s Address)

OR fax to: (Provide Company’s Fax Number) Attn: Legal Department

 

Counter Notification. The provider of the allegedly infringing content may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA.

 

To file a counter notification with us, you must provide a written communication (by fax or regular mail) that sets forth the information specified in the list below. Email communication will not be permitted. Please note that you will be liable for damages (including costs and attorney’s fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.

 

To expedite our ability to process your request, please use the following:

 

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled, provide a photograph if possible;

Your name, address, and telephone number;

The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located];”

The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent;”

The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;” and

Sign the document.

Send the written communication to:

Flexpress, LLC

Attn: Legal Department

(Provide Company’s Address)

OR fax to: (Provide Company’s Fax Number) Attn: Legal Department

 

Upon receipt of such counter notification, we will promptly provide the person who provided the original infringement notification with a copy of the counter notification and inform that person that we will replace the removed material or cease disabling access to it in 10 business days. we will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless we first receive notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

 

Repeat Infringers. In accordance with Section 512(i)(1)(a) of the DMCA, Flexpress will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

 

Trademarks. “Flexpress,” and their respective designs and/or logos, are either trademarks or registered trademarks of Flexpress and may not be copied, imitated or used, in whole or in part, without the prior written permission of Flexpress. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of Flexpress, and may not be copied, imitated, or used, in whole or in part

 

, without the prior written permission of Flexpress. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.

 

Restrictions on Use. Except as expressly stated in the Site Terms, none of the materials and Intellectual Property described herein may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Flexpress, or the respective intellectual property owner. Any use of Site Content — including any commercial use, reproduction for purposes other than as permitted under these Site Terms, modification, distribution, republication, display, or performance — without the prior written permission of Flexpress is strictly prohibited.

 

Software. Any software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively “Software”), that may be made available on or through this Website is licensed to you by Flexpress on a non-exclusive and limited basis solely for the purpose of creating and ordering print products or services from Flexpress. Flexpress does and will retain full and complete title and all intellectual property rights to such Software. You will not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any such Software.

DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY

THIS WEBSITE, INCLUDING THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FLEXPRESS DISCLAIMS ALL WARRANTIES TO THE FULLEST EXTENT ALLOWED BY LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

 

FLEXPRESS DOES NOT GUARANTEE THAT THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, THAT THE SERVICES AND PRODUCTS OFFERED WILL MEET THE USER’S REQUIREMENTS, OR THAT THE SERVICES AND PRODUCTS WILL BE PROVIDED IN A TIMELY, UNINTERRUPTED OR SECURE MANNER. FLEXPRESS IS NOT LIABLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY.

 

FLEXPRESS DOES NOT GUARANTEE THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES, TROJANS, MALWARE, OR OTHER HARMFUL OR MALICIOUS COMPONENTS, EVEN IF FLEXPRESS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF SUCH POSSIBILITY. YOUR USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR OWN RISK.

 

UNDER NO CIRCUMSTANCES WILL FLEXPRESS, OR ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS AND/OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT FLEXPRESS HAS BEEN ADVISED OF POSSIBILITY OF SUCH DAMAGES, RESULTING FROM YOUR USE OR PERFORMANCE OF THIS WEBSITE; ERRORS OR FAULTS IN THE INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS CONTAINED IN OR OFFERED THROUGH THIS WEBSITE; THE USE OF INFORMATION, SITE CONTENT, SERVICES, PRODUCTS OR MATERIALS PROVIDED THROUGH THIS WEBSITE; INABILITY TO USE THIS WEBSITE, ANY PART OF THIS WEBSITE, OR ANY FUNCTION OFFERED BY THE WEBSITE; A FAILURE TO PROVIDE PRODUCTS OR SERVICES ORDERED FROM FLEXPRESS OR ANY OF ITS AFFILIATES; MISTAKE, OMISSION, DELAY, OR INTERRUPTION OF SERVICE; OR CONTAMINATION BY VIRUS, TROJAN, OR MALWARE OF ANY KIND.

 

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

FLEXPRESS, TOGETHER WITH ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES OR SUBSIDIARIES, WILL NOT BE RESPONSIBLE FOR ANY DIRECT DAMAGES, AND WILL NOT PROVIDE ANY CREDIT, REFUND OR ADJUSTMENT OF ANY KIND OR NATURE THAT IS IN EXCESS OF THE AMOUNT ACTUALLY PAID TO FLEXPRESS (AFTER ACCOUNTING FOR AND DEDUCTING, AS APPLICABLE, SPECIAL OFFERS, DISCOUNTS, REWARDS POINTS, ETC.) FOR THE PRINTED PRODUCT (AND SHIPPING COSTS IF APPLICABLE) AT ISSUE.

 

UNDER NO CIRCUMSTANCES WILL FLEXPRESS BE LIABLE TO YOU IN ANY WAY FOR ANY SITE CONTENT YOU MAY BE EXPOSED TO THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE.

GOVERNING LAW

The Site Terms and your use of this Website will be governed by and construed in accordance with the laws of the State of California, without resort or giving effect to conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these Site Terms and/or your use of this Website will be filed and adjudicated only in the federal or state courts located in Los Angeles, California. By doing so, you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action, or proceeding arising out of or under these Site Terms and/or your use of this Website. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, as its application is expressly excluded.

SECURITY AND PRIVACY

To order products from Flexpress, it will be necessary for you to provide certain personal data or other information to this Website via the Internet. We are committed to taking all reasonable steps to safeguard your personal data or other information. We employ secure servers, encryption software, and various other precautions to protect your data. However, it is important to note that no system is completely immune to interception or alteration by third parties. While Flexpress implements measures to ensure the confidentiality and security of your information, we cannot guarantee absolute confidentiality or security. The collection and usage of information by Flexpress are governed by our Privacy Statement, which outlines how your information is handled.

TERMINATION

Flexpress reserves the right to suspend or terminate your account and/or your access to the services provided through this Website if it determines or has reasonable grounds to suspect that you have violated the terms and conditions of the site.

Despite any provisions in these terms that may imply otherwise, Flexpress retains the right, at its sole discretion and without prior notice, to terminate your access to this Website for any reason or no reason at all. Furthermore, Flexpress may block or prevent your future access and use of this Website. If your access to this Website is terminated, these terms and conditions will continue to apply.

NAME AND ADDRESS CHANGES

It is your responsibility to keep Flexpress informed of any changes to your name, email address, phone number, and/or postal address associated with your Flexpress account. While Flexpress is not obligated to do so, it reserves the right to update the address on any member’s account using the National Change of Address (NCOA) data provided by relocating postal customers.

You can update your account contact information by logging into your account on the Flexpress website at www.flexpress.com. Alternatively, you may contact Flexpress customer service at sales@flexpress.com or call (877) 782-2737 to update your account contact information.

Please note that supporting legal documentation may be required for any name change requests. Flexpress will not be liable for any errors, losses, or damages arising from your failure to update your account information.

PRIVACY

Flexpress is always conscious of our customers’ privacy. To review Flexpress’s privacy policy click here.

SEVERABILITY; INTERPRETATION

If any provision of these Terms & Conditions is deemed void, unlawful, or otherwise unenforceable for any reason, that provision will be severed from these Terms & Conditions and the remainder of the Terms & Conditions will remain in force. When used in these Terms & Conditions, the term “including” will be deemed to be followed by the words “without limitation.”

MISCELLANEOUS

Flexpress reserves the right to substitute comparable paper/material as necessary to fulfill orders and meet customer requirements.

These Terms & Conditions constitute a legally binding agreement between you and Flexpress. You may not assign this agreement, whether by operation of law or otherwise, without the prior written consent of Flexpress. However, subject to this restriction, the agreement will be binding upon and enforceable against the parties, as well as their respective successors and assigns, and will be to their benefit.

The failure of Flexpress to enforce strict performance of any term in these Terms & Conditions will not be deemed a waiver of such term. It also does not waive or limit Flexpress’s right to insist on strict adherence to that term or any other term in these Terms & Conditions thereafter. The provisions regarding “DISCLAIMER OF WARRANTY/ LIMITATION OF LIABILITY” in these Terms & Conditions are intended for the benefit of all Flexpress entities. Each of these entities, including their respective shareholders, officers, directors, and employees, will have the right to assert and enforce these provisions directly against you on their own behalf.