Privacy Policy

Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Taylor Marketing, Data & Analytics, Inc. (“Taylor MDA”) maintains this Website and other Taylor MDA websites that are linked to this Website (collectively the “Website”) and all the information, communications, software, scripting, photos, text, video, graphics, logos, trademarks, trade names, button icons, pre-designed templates, sounds, processing and other functionality, images and other materials and services found on the Website (collectively “Content”), for the use of its customers and employees.


We are located in the United States and this is a U.S.-based web site. By using this site, you agree to the transfer of your personal information to or within the United States. As we continue to develop our web site and take advantage of technologies to improve the services we offer, this policy likely will change. When we change it, we will post the change(s) on our web site. If we change the policy in a material way, we will provide appropriate online notice to you.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof; provided, however, in the event you have entered into (i) a separate written agreement with Taylor MDA governing the purchase of products or services, the terms and conditions of that separate agreement shall take precedence over the terms and conditions contained herein relating to the purchase of such products or services; and/or (ii) a separate written agreement with Taylor MDA governing the use of the Website, the terms and conditions of that separate agreement shall take precedence over the terms and conditions contained herein relating to the Website.

ACCEPTANCE OF CONTRACT TERMS; JURISDICTION

Taylor MDA provides its customers with a variety of internet ordering and printing services (collectively, the “Services”). You agree that your use of such Services is at your own risk. The Content and Taylor MDA proprietary software, may be used in providing the Services, and are subject to the reservation of intellectual property rights contained herein.

The use of this site is governed by the terms and conditions set forth below. Please read them carefully. By clicking the acceptance icon and your use of this site indicates your acceptance of these terms and conditions. Taylor MDA reserves the right to make modifications, alterations or updates to this site and these Terms of Use at any time and without prior notice to users. By using the Website, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current Website Terms of Use to which you are bound.

In exchange for using the Website, you agree to be bound exclusively by these terms. If you are agreeing to these Terms of Use on behalf of a business, you represent and warrant that you have authority to bind that business to these Terms of Use, and your agreement to these Terms of Use will be treated as the agreement of the business. In that event, “you” and “your” refer herein to that business. If any provision of these Website Terms of Use is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Website Terms of Use.

RESTRICTIONS ON USE OF CONTENT

You acknowledge that the Content and the collection, arrangement and assembly of the Content, is the property of or licensed by Taylor MDA or its suppliers and service providers and is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws. The Content on all pages of the Website is provided solely for the use of Taylor MDA customers to interact with Taylor MDA and may not be used by you, or any other person or entity, or for any other purpose. Users do not receive any copyright in or to the Content itself. No interest in the Content, whether in whole or in part, may be sold, assigned, encumbered, licensed or otherwise transferred by you or any third parties. Neither your use of the Content nor the creation of products or materials using such Content create joint authorship, joint ownership or “works made for hire” with Taylor MDA in or regarding such Content. You are hereby granted permission to access the Content from the Website in whole or in part, and, except where otherwise specified or provided by Taylor MDA, print a single copy of the information, but only for purposes of viewing and browsing through the Website. The permission terminates automatically if you breach any of the Website Terms of Use. Taylor MDA is not granting you any permission to use the Content other than the permission expressly stated in these Website Terms of Use.

END-USER LICENSE TO USE TEMPLATES

In the event you choose to use any Taylor MDA templates, which includes “online” or electronic documentation and/or the printed versions of these materials (the “Templates”) you agree to be bound by these terms and conditions. These terms and conditions for the use of the Templates supplement the terms of use of the overall Website. This license is non-exclusive, non-transferable, and non-sublicensable.

You may order those Templates for which you have paid the requisite fee(s), for use by a single individual or business entity in accordance with the terms and conditions set forth below.

You may incorporate into the Template(s) your business’s trade name, address and/or contact information, and or your business’s trademarks. You may prepare derivative works based on the Templates by incorporating therein textual material, either in addition to, or in place of, the textual material supplied as part of the licensed Template(s). You may not delete any Pictorial Material from the Template(s), except for placeholders provided therein for your business logo. For purposes of this Agreement, “Pictorial Material” means any photographs, illustrations or other graphics that are not strictly textual. You may not delete from the Template(s) any notice of copyright, trademark or proprietary rights respecting Pictorial Material.

You may make copies of the Template(s) or derivative works licensed hereunder, and distribute these or display them publicly, exclusively for the purposes of disseminating information regarding the issues addressed in the original Template(s) and advertising or disseminating information about your business.

You may not affix the trademarks, trade name, address or contact information of Taylor MDA or any third party to the Template(s).

You may not use the Templates or any derivative works based thereon for any purpose other than to disseminate information pertinent to the topics addressed by the original Templates and to advertise and disseminate information about your business. You may not extract any pictorial material from the templates for use in any other context.

You may not reverse engineer, decompile, or disassemble any of the Templates in any manner that enables you or any other party to download Pictorial Material separately from the Templates.

You may not modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative work from, transfer, sell, or otherwise use the Pictorial Material, except as integral parts of the Templates, as permitted by this Agreement.

You may not sublicense any right conferred to you by this Agreement, or exercise any right conferred by this Agreement through any party acting on your behalf, except Taylor MDA.

All title and copyrights in and to the Templates (including, without limitation, any textual, Pictorial Material or graphic material incorporated therein), are owned by Taylor MDA or its suppliers. This license for use and modification of the Templates is conferred at the discretion of Taylor MDA and may be revoked at will. Without limitation upon notice from Taylor MDA, or upon your knowledge that any Template, in its original or modified form, is subject to a threatened, potential or actual claim of infringement of another’s right, you must immediately and at your own expense stop using the Template, in both its original and modified form. You must also delete or remove the Templates from your premises, computer systems and storage (electronic or physical), except where retention and preservation of the Templates on your premises or in your computer systems is necessary in order to comply with your legal obligations to preserve evidence. In the event that Taylor MDA is notified that any content of the Templates infringes upon the rights of a third party, Taylor MDA may cease to make the affected Templates available to you.

Users of the Templates do not receive any copyright in the Templates or the contents thereof. Neither your use of the Templates nor your creation of derivative works based on the Templates shall give rise to a work of joint authorship or joint ownership, or to a “work made for hire” for Taylor MDA.

Should you transmit to Taylor MDA any information or materials, including, without limitation, ideas, concepts or techniques for new or improved products or services, in the form of comments, feedback, questions, suggestions or the like, you agree that such submissions are unrestricted and shall be deemed non-confidential , and you automatically grant to Taylor MDA and its assigns a worldwide, non-exclusive, perpetual, irrevocable, royalty-free license, with the right to use, copy, modify, transmit, distribute, sublicense, and display the same. You agree that you will not assert any claim against Taylor MDA on the grounds that Taylor MDA has made any revisions to one or more of its Templates that are similar to revisions made by you.

You agree that you will not seek registration of claim of copyright in any derivative work based on any one or more of the Templates. Further, you agree that, upon Taylor MDA request, you will provide all reasonable cooperation to Taylor MDA in the assertion and defense of any claim that the Templates infringe the intellectual property rights or rights of privacy or publicity of any third party.

SUBMISSIONS OF INFORMATION

When using any Services provided via the Website, you may elect to upload or otherwise submit materials to the site (collectively “Materials”). Taylor MDA does not supervise the uploading of any user-provided Materials to this site, although it reserves the right to do so. You agree, represent and warrant that in using the Services, you will not upload or otherwise transmit to Taylor MDA Materials that (i) are unlawful, threatening, abusive, defamatory, obscene or which invade another person’s privacy or further the commission or concealment of a crime; (ii) are not lawfully yours to transmit; (iii) are the subject of, or which infringe upon any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity. Any information or Materials you send through the Website, you hereby grant Taylor MDA an unrestricted, royalty-free, irrevocable, worldwide license to use, reproduce, display, perform, modify, transmit, and distribute the information and Materials. Personally-identifiable information you submit to us shall be treated in accordance with our privacy and security policies. You agree to assume the security risk for any information you provide using the Website. Taylor MDA takes no ownership in any Materials uploaded to the Taylor MDA Website, except Taylor MDA retains its rights in and to the Content that is present on the site or that may be created and/or supplied by or for Taylor MDA.

LINKS TO THIRD PARTY WEBSITES

The Website may contain hyperlinks to websites operated by parties other than Taylor MDA. Such hyperlinks are provided for your reference only. Taylor MDA does not control the target websites and is not responsible for their contents. Taylor MDA makes no representation that it is associated with the operators, or endorses the content, of any target website for which hyperlinks are provided at the landing page for the Templates or elsewhere at Taylor MDA’ Website. Taylor MDA is not responsible for damages or losses caused by any delays, defects or omissions in the services, information or other content provided by the target websites, whether direct, consequential, incidental or special, and whether or not Taylor MDA has been advised of the possibility of such damages. Taylor MDA makes no guarantees or representations as to, and shall have no liability for, any electronic content obtained from any third party, including, without limitation, the subject matter, accuracy, quality or timeliness of any such electronic content.

USER CONDUCT AND RESPONSIBILITIES

You are responsible for obtaining access to the Website and that access may involve third party fees (such as Internet services provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Website. Your use of the Website is subject to all applicable local, state, national and international laws and regulations. You represent and warrant that all information that you provide to Taylor MDA when purchasing product or services on the Website is accurate and complete, including without limitation shipping information.

WARRANTIES AND INDEMNIFICATION

You are responsible for obtaining access to the Website and that access may involve third party fees (such as Internet services provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Website. Your use of the Website is subject to all applicable local, state, national and international laws and regulations. You represent and warrant that all information that you provide to Taylor MDA when purchasing product or services on the Website is accurate and complete, including without limitation shipping information.

USER CONDUCT AND RESPONSIBILITIES

You represent and warrant that all information that you provide to Taylor MDA for the purpose of accessing and downloading the Templates, or procuring any other product or service at Taylor MDA website, is truthful and complete.

You represent and warrant that all material that you contribute to derivative works based on the Templates shall contain information that is: 1) in the public domain, or 2) original work in which you own copyright, or 3) work for which you have been conferred a license that permits both your and Taylor MDA inclusion of the work in any of the Templates made available by Taylor MDA. You agree to obtain a release from any person whose photograph or likeness you may in future seek to incorporate into the Template(s), under said person’s rights of privacy and publicity.

YOU AGREE TO HOLD HARMLESS AND INDEMNIFY TAYLOR MDA FROM AND AGAINST ALL CLAIMS, DAMAGES, JUDGMENTS, EXPENSES, LOSSES, FINES, LIABILITIES AND ATTORNEYS’ FEES AND COSTS, AS INCURRED, ARISING DIRECTLY OR INDIRECTLY FROM, (I) YOUR BREACH OF THIS AGREEMENT; (II) YOUR USE OF THE TEMPLATES OR OTHER PRODUCTS OR SERVICES OF TAYLOR MDA IN VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR IN VIOLATION OF APPLICABLE LAWS; (III) CLAIMS ASSERTED AGAINST YOU BY THIRD PARTIES, ARISING FROM YOUR USE OF THE TEMPLATES OR OTHER PRODUCTS OF TAYLOR MDA, OR YOUR INCORPORATION OF MATERIALS INTO THE TEMPLATES IN VIOLATION OF THE RIGHTS OF THIRD PARTIES; (IV) CLAIMS ASSERTED AGAINST YOU BY THIRD PARTIES FOR FALSE ADVERTISING OR PERSONAL INJURY, INCLUDING IF APPLICABLE MALPRACTICE, ARISING FROM ANY INFORMATION OR REPRESENTATIONS THAT YOU ADD TO THE TEMPLATES, OR ANY MODIFICATION THAT YOU MAY MAKE TO THE INFORMATION INCLUDED IN THE ORIGINAL TEMPLATES BY TAYLOR MDA; (V) YOUR USE OF AND RESULTS FROM THE USE OF THE WEBSITE; (III) BODILY INJURY TO ANY PERSON OR DAMAGE TO ANY PROPERTY BY YOU; (IV) YOUR NEGLIGENT OR WILLFUL ACT OR ANY BREACH HEREOF BY YOU; (V) ANY ALLEGATION THAT ANY MATERIALS YOU PROVIDED CONSTITUTE INFRINGING MATERIALS; OR (VI) YOUR ACTIVITIES CONDUCTED IN CONNECTION WITH THIS SITE.

DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

TAYLOR MDA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE WEBSITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE WEBSITE. TAYLOR MDA AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE RESULTS YOU MAY RECEIVE BY USING THE TEMPLATES OR OTHER PRODUCTS AND SERVICES, YOU ASSUME LIABILITY FOR RESULTS OBTAINED BY THE USE OR IMPLEMENTATION OF THE WEBSITE, WHETHER SUCH RESULTS ARE USED SINGLY OR IN COMBINATION WITH OTHER HARDWARE, SOFTWARE OR PRODUCTS. UNLESS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE ON THIS WEBSITE, THE INFORMATION, CONTENT, TEMPLATES, SERVICES, PRODUCTS AND MATERIALS CONTAINED OR OFFERED THROUGH THE WEBSITE INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, TAYLOR MDA, AND ITS SUPPLIERS, MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO (I) TITLE, (II) FREEDOM FROM INFRINGEMENT OF THIRD-PARTY RIGHTS, (III) MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, (IV) FREEDOM FROM COMPUTER VIRUS OR FREE FROM ERROR, (V) THE TEMPLATES OR OTHER PRODUCTS OR SERVICES AVAILABLE THROUGH TAYLOR MDA WEBSITE TO BE ALWAYS ACCESSIBLE, TIMELY DELIVERED OR FREE FROM UNINTERRUPTED USE. USE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS ON THIS SITE IS AT THE USER’S SOLE RISK. UNLESS OTHERWISE EXPRESSLY AGREED BETWEEN THE PARTIES, TAYLOR MDA DOES NOT GUARANTEE THE SHIPMENT, AND TIMELY DELIVERY OF PRODUCTS OR SERVICES OFFERED ON THIS WEBSITE

TAYLOR MDA WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR THE LOSS OF BUSINESS, DATA, PROFITS OR SUBMISSIONS, AS A CONSEQUENCE OF: (I) TAYLOR MDA PROVISION OF, OR YOUR USE OF OR INABILITY TO USE, THE TEMPLATES, TAYLOR MDA WEBSITE, OR ANY OTHER CONTENT, INFORMATION, LINKS, MATERIALS, PRODUCTS OR SERVICES; (II) ANY ERRORS IN THE CONTENT OF THE TEMPLATES OR OTHER MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE BY TAYLOR MDA; (III) THE LATE DELIVERY, NON-DELIVERY, MIS-DELIVERY, OF TEMPLATES OR OTHER GOODS OR SERVICES, OR DAMAGE TO, OR LOSS OF, TEMPLATES OR OTHER GOODS OR SERVICES; OR (IV) ANY CLAIMS ASSERTED BY THIRD PARTIES; OR (5) ANY OTHER CIRCUMSTANCES, WHETHER YOUR CLAIM IS BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER THE ALLEGED DAMAGES ARE FORESEEABLE OR NOT, EVEN IF TAYLOR MDA HAS BEEN ADVISED OF THE POSSIBILITY OF THE DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON DURATION OF IMPLIED WARRANTIES IN SUCH JURISDICTIONS; CERTAIN OF THE ABOVE DISCLAIMERS MAY NOT APPLY.

DEFECTIVE / NON-CONFORMING TEMPLATES AND/OR PRINTED PRODUCT

In the event any subject Template, printed product or service is defective or non-conforming Taylor MDA will either (i) provide a replacement of the Template or printed product, or re-perform the services, or (ii) refund any prepaid fees that Taylor MDA received for the defective or non-conforming Template or printed product or service. This shall be Taylor MDA entire liability to you and your exclusive remedy if the Templates, printed products, or services are found to be defective or non-conforming.

PAYMENT

You will pay all charges incurred by you or any other member of your account via credit card or other payment mechanism at the prices in effect when such charges are incurred, including any applicable taxes relating to your purchases. Unless agreed to in some other writing, payment will be due at the time the services are rendered or, if applicable, when the invoice is received. All fees are quoted in United States Dollars and all payments shall be in United States Dollars.

TRANSFER OF TITLE

You agree that the shipping terms for all printed products are FOB shipping point and ownership transfers to you upon shipment. This means that the risk of loss and title for such items passes to you upon delivery to the carrier. For any product that is to be provided to you in an electronic format, you agree that delivery of such products shall be deemed to have occurred either (i) at the time we transmit the product via email or other electronic communication addressed to you; or (ii) at the time we transmit a notification to you that the product is available for downloading from the Website; or (iii) at the time the product is available for viewing from the Website.

TERMINATION

Without prejudice to any other rights, Taylor MDA may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement, or if you violate any terms of use subsequently prescribed by Taylor MDA. In that event, you must destroy all copies of the Template(s) and derivative works based thereon. Taylor MDA may also bar your subsequent access to the Website.

TRADEMARKS AND SERVICE MARKS

Taylor MDA, and marks shown with an ® are owned by Taylor MDA or their respective owners, and registered with the U.S. Patent and Trademark Office. Other trademarks, such as product and service names, found on Taylor MDA websites are owned by Taylor MDA or by third parties. No Taylor MDA trademark or service mark may be used as a hyperlink or otherwise, including but not limited to for advertising or promotion purposes, without Taylor MDA prior written permission.

NO OTHER RELATIONSHIP

The use of this site creates no relationship, contractual or otherwise, between you and any other entity, supplier or service provider, other than Taylor MDA.

DEFECTIVE / NON-CONFORMING TEMPLATES AND/OR PRINTED PRODUCT

In the event any subject Template, printed product or service is defective or non-conforming Taylor MDA will either (i) provide a replacement of the Template or printed product, or re-perform the services, or (ii) refund any prepaid fees that Taylor MDA received for the defective or non-conforming Template or printed product or service. This shall be Taylor MDA entire liability to you and your exclusive remedy if the Templates, printed products, or services are found to be defective or non-conforming.

STATUTE OF LIMITATIONS

Notwithstanding the disclaimers of warranty set forth herein, any cause of action arising out of or related to your use of the Templates or Taylor MDA website must commence within one (1) year after the cause of action arises; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.

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