Optional Tools

We may provide you with access to third-party tools which we are under no obligation to control, monitor, correct or to provide, make available, support or ensure the continued availability of such third-party tools. You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis without warranty of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. The third-party service provider is solely responsible for the performance of its third-party tools, as well as for any claims or warranties in relation to it.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms & Conditions.

Links to Third-Party Websites

From time to time, this Site may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk.

Privacy

You confirm that you have read, understood and agree to the POSTERGATE.COM Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by POSTERGATE.COM, its affiliates, third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the POSTERGATE.COM Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to the Site will be transferred to the United States and processed by POSTERGATE.COM in order to provide this Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. POSTERGATE.COM. DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL POSTERGATE, LLC.] – INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”) – BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR PRODUCTS OR SERVICES SOLD THEREON OR FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDERED FROM POSTERGATE.COM, WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO POSTERGATE.COM FOR THE REQUEST.

Indemnification

You agree to defend, indemnify and hold harmless the Covered Parties (as defined above) from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms & Conditions, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Site using your password, (E) any image or content being reproduced as part of your order; (F) any alleged or actual infringement, misappropriation or violation of intellectual property rights by any image, content or other materials provided by You in connection with the Site, and (G) circumstances where user uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in POSTERGATE.COM’s sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against for actions of the user or user’s employees which may occur as a result of any mailing service including mailing list rentals. If using the Site on behalf of a Third Party (as described below), you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.

Third Parties

If you use this Site to submit Requests for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Request submitted, including related fees, charges and performance obligations. In addition, you must inform the Third Party of all Terms & Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto. POSTERGATE.COM may sublicense the rights that you grant it in this Section to a third-party subcontractor only for purposes of operating the Site, providing the product and services, processing your order, and producing and shipping your products.

User Social Media Content License

POSTERGATE.COM may reach out to social media users to seek their permission to feature our favorite social media content including photos, text, graphics, audio, video, location information, comments and other materials from such social media sites (“User Social Media Content”) on our Site and promotional materials. If you choose to allow us to use your User Social Media Content, you agree to the following User content license:

You hereby grant to POSTERGATE.COM a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Social Media Content including photos, text, graphics, audio, video, location information, comments and other materials from social media sites in any manner to be determined in POSTERGATE.COM discretion, including but not limited to on webpages and social media pages operated by POSTERGATE.COM, e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. POSTERGATE.COM may use, display, produce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Social Media Content in any manner in our sole discretion, with no obligation to you whatsoever.

You grant POSTERGATE.COM the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Social Media Content.

You hereby agree and represent and warrant that (i) you are solely responsible for your User Social Media Content, (ii) you own all rights in and to your User Social Media Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Social Media Content, (iii) you are not a minor, (iv) POSTERGATE.COM’s use of your User Social Media Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Social Media Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.

You acknowledge and agree that You will make no monetary or other claim against POSTERGATE.COM for the use of the User Social Media Content. You waive the right of prior approval for the use of the User Social Media Content. You acknowledge and release POSTERGATE.COM and its assigns, licensees, and successors from all claims that may arise regarding the use of the User Social Media Content including, but not limited to, any claims of defamation, invasion of privacy, or infringement of moral rights, rights of publicity, or copyright. POSTERGATE.COM is permitted though not obligated, to include your name as a credit in connection with the use of the User Social Media Content.

User Comments, Feedback and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to a Covered Party in connection with your use of this Site (collectively, “Comments”), shall become and remain the exclusive property of POSTERGATE.COM. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Termination

POSTERGATE.COM reserves the right to terminate your account and access to the Site and its services at any time. Termination by POSTERGATE.COM may include removal of access to the service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site.

Amendments to Terms & Conditions

POSTERGATE.COM reserves the right, at our sole discretion, to change, modify or otherwise alter the Terms & Conditions at any time. You agree that we may modify the Terms & Conditions and such modifications shall be effective immediately upon posting. You agree to review these terms and conditions periodically to be aware of modifications. Continued access or use of the Site following such posting shall be deemed conclusive evidence of your acceptance of the modified Terms & Conditions except and to the extent prohibited by applicable state or federal law.

Changes to the Site

We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, prices, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to any part or all of the Site without notice or penalty. You agree that POSTERGATE.COM will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.

Miscellaneous

The captions in these Terms & Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms & Conditions. None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control. If any provision of the Terms & Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of the Terms & Conditions, and the remainder of the Terms & Conditions shall continue in full force and effect. The failure by either you or POSTERGATE.COM to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms & Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in the Terms & Conditions regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms & Conditions.

Entire Agreement

These Terms & Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the “Agreement”) between you and each Covered Party relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

Governing Law & Exclusive Venue for Disputes Not Subject to Arbitration

The internal laws of the State of California shall govern the performance of these Terms & Conditions, without regard to such state’s conflicts of laws principles. To the extent any claim, cause of action, or request for relief is not subject to arbitration as described below, you consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of Los Angeles in the State of California, and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Notice for Users in California Only. This notice is for users of the Site residing in the State of California. Please be advised that the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be reached by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (800) 952-5210.

Dispute Resolution and Binding Arbitration

Please read this section carefully. It affects your rights.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE SITE, PURCHASE FROM POSTERGATE.COM., OR THE SALE OF PRODUCTS OR SERVICES BY POSTERGATE.COM., WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT. YOU AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS. This arbitration provision shall survive termination of these Terms & Conditions and the termination of your POSTERGATE.COM account.

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by these Terms. The Consumer Arbitration Rules are available online. The Federal Arbitration Act will govern the interpretation and enforcement of this section.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

Notices

Except as explicitly stated otherwise, any notices shall be given by email to POSTERGATE.COM at info@postergate.com or to you at the email address you provide to POSTERGATE.COM. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

How do I contact POSTERGATE.COM?

We can be reached via email at info@postergate.com or by telephone at 410.300.4393.

ORDER TERMS AND CONDITIONS

Payment

All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. All prices set forth on the Site and stated herein are based on current costs and subject to change without notice and payment amounts and other terms may be subject to additional agreements between User and POSTERGATE.COM If a User submits an order on the Site to purchase printing products, promotional products, mailing services, design services or other services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method.

Production of all items ordered is subject to the terms outlined below in the “Printing Turnaround Time” section, and will not begin until an order is fully paid, including shipping and handling fees, if applicable except where POSTERGATE.COM has explicitly agreed to special delayed payment terms (e.g. Net 30) with the User prior to placing an order. Users who have delayed payment agreements with POSTERGATE.COM are required to provide payment in accordance with the terms of their applicable payment agreement(s).

Once the print file(s) associated with an order have been approved by the User as described below in the “Printing Turnaround Time” section, the order will be “In Production” and no changes will be allowed to the print files, job characteristics, or printing turnaround time. After an order is In Production, the entire amount of the order along with applicable taxes and shipping/handling fees shall be deemed fully paid and non-refundable, except as provided for in the Return & Refund Policy below. Additional Service Fees, List Purchase and USPS Postal Costs are non-refundable. Except as provided for in the Return & Refund Policy below, any payment received from the User shall be deemed fully paid to POSTERGATE.COM and non-refundable at a rate of twenty percent (20%) for each calendar month that has passed since the date of the User’s initial submission or date of payment, whichever is earlier, even where the print job never reaches the “In Production” or shipment phase due to no fault of POSTERGATE.COM (e.g. User fails to respond to approval of proof/print job, User fails to provide information to complete the print job or shipment, User otherwise fails to cancel his or her order prior to reaching the “In Production” phase, etc.).

Return & Refund Policy

At POSTERGATE.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. All policies are subject to change without prior notification.

Refund Policy: In the event that a User cancels an order prior to the “In Production” status, then the User will, upon request, receive a refund proportional to the time period between the date of the User’s payment and the cancellation date (see grid below). Once the order moves to “In Production” status all refunds are at POSTERGATE.COM’s sole discretion.

Time of Cancellation Relative to Payment Date Refund As A % of Total Order Value 1
Less than 1 month          100%
Less than 2 months         80%
Less than 3 months         60%
Less than 4 months         40%
Less than 5 months         20%
More than 5 months         0%

1In the event an order has multiple items and some items of an order have been fulfilled, the eligible refund amount will be reduced by the value of the item fulfilled, the sales tax associated with that fulfilled item and any shipping fees associated with that fulfilled item.

Return Policy: Defective products will be reprinted and sent to User at no cost to User. Determination of defect is at the sole discretion of POSTERGATE.COM. In most cases, Users will be requested to submit digital photos documenting the product defect and/or ship the defective products back to customer service. Free expedited reprint on any orders lost in transit is limited to orders less than or equal to $250. Turnaround and shipping for reprint orders will vary depending upon available production capacity and manager’s discretion.

Return Policy for Direct Mail Services: Direct mail services including printing, mailing services, list services and design services are not subject to the foregoing return policies. All complaints regarding the direct mail services must be registered within three days of receipt of the final printing job. Reprints on direct mail orders will be evaluated on a case-by-case basis and any reprint shall be determined by POSTERGATE.COM in its sole discretion. Postage is not refundable once the mail piece has been dropped off to the post office.

All complaints must be registered within 3 days of receipt of your final printing job.

In no case is POSTERGATE.COM or its affiliates liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job. POSTERGATE.COM is also not liable for returned mail pieces that are undeliverable for any reason. ALL PURCHASES OR SALES ARE SUBJECT TO THE INDEMNIFICATION, LIMITATION OF LIABILITY, AND DISPUTE RESOLUTION AND BINDING ARBITRATION TERMS ABOVE.

If you dispute any charge that is made to your credit/debit card, you agree that POSTERGATE.COM may authorize a thirdparty vendor to handle and seek to resolve such dispute on POSTERGATE.COM’s behalf, which may include POSTERGATE.COM providing vendor with the following information: your name, physical address, email address, phone number and the first 6 and last 4 digits of your credit/debit card number. You agree that POSTERGATE.COM may provide such information to the third-party vendor and that the third-party vendor may further disclose that information to your credit/debit card company, the bank issuing the credit/debit card and POSTERGATE.COM’s merchant processing company for the purpose of resolving the dispute. POSTERGATE.COM will endeavor to have the third party vendor agree to maintain the confidentiality of such information.

If you dispute valid charges made by POSTERGATE.COM to your credit/debit card and your dispute is subsequently found to be fraudulent, you agree to reimburse POSTERGATE.COMs expenses, including bank’s and attorney’s fees incurred in connection with resolving the dispute.