1. Acceptance of these Terms of Use

Use of the ABC Equipment Store website (the "Website") and the online services (the "Services") provided by ABC Equipment Store  (a division of ABC Imaging) are subject to the Terms & Conditions of use set forth below ("Terms of Use"), which include the Privacy Policy set forth in our online privacy policy and incorporated into these Terms of Use by reference. These Terms of Usage govern your access and use of this Website. By accessing or using this Website you agree to be bound by these Terms of Usage and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Website. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE OR THE SERVICES. BY USING THE WEBSITE OR THE SERVICES, YOU AGREE TO THESE TERMS OF USE. IF AN INDIVIDUAL IS USING THE WEBSITE ON BEHALF OF A BUSINESS ENTITY, WHETHER AS AN EMPLOYEE, CONSULTANT OR AGENT OF SUCH BUSINESS ENTITY, BY DOING SO, SUCH INDIVIDUAL REPRESENTS THAT THEY HAVE THE LEGAL CAPACITY AND AUTHORITY TO BIND SUCH BUSINESS ENTITY TO THE TERMS OF USE. "YOU" SHALL REFER BOTH TO THE INDIVIDUAL ACCESSING THE WEBSITE ON BEHALF OF A BUSINESS ENTITY, IF ANY, AND ANY SUCH BUSINESS ENTITY ITSELF. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE WEBSITE OR THE SERVICES. ABC PRINTROOM MAY CHANGE THESE TERMS OF USE FROM TIME TO TIME WITHOUT NOTICE, AND SUCH CHANGES WILL BE EFFECTIVE ON THE DATE THEY ARE POSTED ON THE WEBSITE. USE OF THE WEBSITE AFTER SUCH CHANGES HAVE BEEN POSTED CONSTITUTES YOUR ACCEPTANCE OF ALL SUCH CHANGES.

 

ABC Equipment Store  shall have the right at any time to: (i) change the Website, including limiting availability of, eliminating, or discontinuing any product, service, or any other content on or feature of the Website; or (ii) change any prices, fees or changes related to the Website. Such changes shall be effective immediately. Your continued use of the Website following the posting of the revised Terms & Conditions constitutes (1) acknowledgement by you of our modifications, (2) an agreement by you to abide and be bound by this Agreement and its modifications and (3) acknowledgement of our Privacy Policy. You accept the affirmative obligation to periodically review whether or not these Terms &
Conditions have changed.

 

2. Use of Website

ABC Equipment Store will not read or disclose to third parties private postal or electronic communications that are transmitted using ABC PrintRoom services except as required to operate the service or as otherwise authorized by law.

 

3. Electronic Notices

By using the Website, you agree to receive electronic communications from us. You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.  You may withdraw your consent to receive communications from us electronically by contacting Customer Service. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.

 

4. Suspension, Termination

If you violate any of the terms in this Agreement, ABC Equipment Store may suspend or terminate your use of the Website and right to utilize services made available through this Website in the event that it determines or has reasonable grounds to suspect that you are in violation of the Terms & Conditions of the Website.

 

Notwithstanding any of these Website Terms & Conditions that may suggest otherwise, ABC Equipment Store reserves the right, without notice and in its sole discretion, to terminate your right to use this Website for any reason or no reason at all, and to block or prevent future access to and use of this Website by you. In the event your right to use the Website is terminated these Term & Conditions shall still apply. 

 

5. Registration

In order to take advantage of the full functionality of this Website and to order products and services it will be necessary for you to register and establish an account with ABC Equipment Store. In the event that updated, new, additional and/or enhanced features are added to the Website, previously registered users will not generally be required to re-register, however, you may be required to re-acknowledge these Terms & Conditions and/or other terms and conditions that may accompany these new features, updates and/or enhancements.

When you register, you agree to provide accurate and current information about yourself (and/or your company) as requested during the registration process. You also agree to update and maintain your account information so that it remains accurate and current. 

 

6. Responsibility for Customer ID, Password and Security

As part of the registration process, you will be required to create a User ID and choose a password. It is your responsibility to choose an appropriate password and keep it confidential. You are responsible 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 on to your account and then following the instructions for changing your password. You agree that you will immediately notify ABC PrintRoom in the event you become aware of any unauthorized use of your user ID and password. ABC PrintRoom will not be liable for any loss or damage arising from your failure to safeguard your User ID and/or password or to comply with this section.

 

7. Your Content

All information, data, text, software, photographs, graphics, messages or other materials (“Content”) you upload, post or create using the Website is solely your responsibility. You must evaluate and bear all risks associated with the use of any of your Content and mailed of your Printed Material. We will not routinely screen or review text or graphics before printing and mailing Printed Material. We cannot nor do we try to control the content of Printed Material created on the Website. You are solely responsible for and assume all liability arising from all Printed Material that you and any other person using your User ID and password print and mail using the Website. You represent and warrant to ABC Equipment Store that: (i) you and your authorized users have the full right, power and authority to perform any function with relation to the Content (including without limitation uploading, posting, reproducing, distributing, publicly displaying and making derivative works from the Content) that you or they perform using ABC Equipment Store services; and (ii) your use and the use by your authorized users of the Content does not and will not infringe any copyright or right of privacy, violate any statutory or common law right; interfere with any intellectual property or other proprietary rights of any third party; contain any matter that is libelous or otherwise in contravention of law; or harm a minor in any way. If a third party notifies us of a problem, or if we become aware of a problem with any Printed Material, we may review the Printed Material and take any action with respect to the Printed Material that we deem necessary in our sole discretion, including, but not limited to, refusing to mail any Printed Material. The fact that we may review Printed Material and allow it to be mailed does not mean that: (1) we will always review Printed Material, even if informed of a problem; (2) we approve or endorse the contents, (3) the content complies with all applicable laws, or (4) you will not incur any liability or harm arising from the Printed Material.

 

8. Intellectual Property

a. This Website is owned and operated by the Seller. Unless otherwise noted in this Website, Seller owns the copyright with respect to all content on the Website. Content includes: text, graphics, logos, audio clips, trademarks, software server information, and anything else hosted on this Website. All rights to content, services, and server information are reserved. Any modification made to the content of this website by a third party is a violation of the Seller’s copyright. Additionally, the ABC Equipment Store Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

 

b. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website or any information displayed on the Website, through the use of framing or otherwise, except: (i) as expressly permitted by these Terms & Conditions of Business; or (ii) with the prior written permission of the Seller or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Website.

 

c. The ABC Equipment Store logo, name, and other marks indicated on the Website are the subject of applications for trademarks or registered trademarks of the Seller in the United States and/or other jurisdictions, including the United Arab Emirates, the United Kingdom and China. Seller and its licensors maintain all of the rights in and to the graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of ABC Equipment Store. Seller trademarks and trade dress may not be used in connection with any product or service that is not Seller’s, in any manner that is likely to cause confusion among Customers or in any manner that disparages or discredits Seller. All other trademarks not owned by Seller that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Seller.

 

d. The Buyer agrees that as an express condition of the holding of an account with the Seller the Buyer shall not use the service offered by the Seller to infringe on the intellectual property rights of other in any way, including any intellectual property rights in images, fonts and the like that may be uploaded by Buyer to the Seller’s Website. Buyer will be solely and fully responsible for any claims or other losses arising out of Buyer’s actual or alleged infringement of any such rights. In addition (and without limitation), Seller reserves the right, with or without notice, to terminate forthwith the account of any Buyer who infringes (or who is alleged to have infringed) the copyrights or other intellectual property rights of any third party and to remove all such infringing (or allegedly infringing) material from the Website.

 

e. Copyright complaints by third parties

·       (i) The Buyer acknowledges that the Seller is a “service provider” under the United States Digital Millennium Copyright Act (the “DMCA”). Consistent with the DMCA, Seller may accommodate standard technical measures used to identify and protect copyrighted works.

·       (ii) Seller respects the intellectual property of others. If you are a third party and believe that your work has been copied in a way that constitutes copyright infringement, please provide Seller with the following information:

o   (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

o   (b) A description of the copyrighted work that you claim has been infringed; and the place where the material that you claim is infringing is located on the ABC Equipment Store website;

o   (c) Your address, telephone number, and email address;

o   (d) A statement that your claim of infringement is based on a good-faith belief;

o   (e) A statement made under penalty of perjury, that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Seller’s agent for notice of claims of copyright infringement on its Website can be reached as follows:

​

Legal Department

ABC Imaging

5290 Shawnee Rd, Suite 300

Alexandria, VA 22312

​

 

12. Payment

All prices and dollar amounts on the Website are in United States dollars. ABC Equipment Store presently accepts the following credit cards: VISA, MasterCard, American Express, and Discover. We reserve the right to stop accepting credit cards from one or more issuers.

 

In order for you to order products and services from ABC Equipment Store it is necessary for you to provide a valid, authentic and current credit card, which you are authorized to use. By submitting a credit card number to ABC Equipment Store you are representing and warranting that the credit card information you provide is valid, authentic, current, and one that you are authorized to use. You agree that in the event the credit card information you have provided becomes invalid, out of date or that you are no longer authorized to use the card, you will immediately provide another 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 notified by an ABC Equipment Store Customer Service Representative if extended processing is required to complete your transaction request through our Website. This may affect your estimated delivery date.

 

Unless ABC Equipment Store 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 ABC Equipment Store or to charge a valid, authentic and current credit card, which you are authorized to use, 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; ABC Equipment Store will not assume that previously provided credit card information is not valid). If a charge against a credit card you provide is not authorized or accepted, or is subsequently refused or rejected, we reserve the right to cancel your order without notice or liability.

 

In the event you make one or more charges to an existing order that incur additional charges, those charges will be applied to the credit card that was used for the original order, or to an alternative credit card that is provided to us. 

 

13. Promotions, Special Offers and Discount Coupons

From time to time ABC Equipment Store may offer promotions and special offers identified by a Coupon Code. Each Coupon Code will have different requirements and rewards. Typically, you will receive a Coupon or an email that contains the Coupon Code. If you receive a Coupon or email that contains a Coupon Code, please read it carefully – all requirements state in the Coupon or email must be met in order to receive or take advantage of the promotion or special offer. Unless otherwise stated, all Coupon Codes are limited to one-time use and are limited to current ABC Equipment Store account holder in good standing.

 

To take advantage of a promotion or special offer, enter the Coupon Code in the applicable field during checkout when placing an order. Not all products are eligible for promotions and special offers. If a Coupon Code does not function when entered, it means the product at issue does not qualify for the promotion or special offer, or the offer is expired; this determination is final.

 

A Coupon Code may not be combined with any other promotion, special offer, discount or reward offered by ABC Equipment Store If you enter a Coupon Code or take advantage of a promotion, special offer, discount or reward, you will not be able to enter another Coupon Code or take advantage of any other promotion, special offer, discount or reward.

 

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

 

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

 

Coupon Codes (and the Coupon or emails that contain them) are not for resale, have no independent cash value, are not redeemable for cash, and will not be replaced if lost, stolen or deleted.

 

Coupon Codes will not be retroactively applied against orders already placed with ABC Equipment Store . If a Coupon Code is used and the entire order is cancelled or rejected you will be refunded only the amount paid and the Coupon Code will no longer be valid. If only part of your order is canceled or rejected the relevant discount or promotion will be applied to the item(s) that are kept. The foregoing notwithstanding, 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 or rejected order is less than the value of the promotion or special offer, the promotion or special offer will be applied to the outstanding balance (not including shipping and handling, taxes and other charges).

 

ABC Equipment Store reserves the right to discontinue a promotion or special offer or coupon at any time and with immediate effect.

 

14. Order Cancellation

A print order or job can be canceled at any time prior to it being assigned a Job Status. If you cancel an order prior to it being assigned a Job Status an ABC Equipment Store Customer Service Representative will inform you of any cancellation charges incurred. (Please allow at least 10 business days for any refunded monies to be credited to your account). A print order cannot be canceled and no refund will be given once it has a Job Status or any process thereafter. 

 

15. Returns

Due to the nature of the product, no returns can be made once the order is assigned a job status and/or shipped. Any claims for defects, damages or shortages must be made in writing within two (2) business days after receipt of the merchandise. We will replace only those orders that were processed incorrectly. The replacement of the order will take place only after the receipt of returned merchandise, paid for at the Customer’s expense. We will not replace the order if it is determined by us that the order was misused or mishandled by the Customer or part of the order was used by the Customer and part of the order is being returned

 

16. Limited Warranty

With respect to any Printed Material which has a material defect, our liability, and the liability of our printers, suppliers, contractors and vendors, to you or any third parties in any circumstance is limited to the (i) reprinting of such Printed Material or (ii) a refund equal to the lesser of amount paid by you for the defective Printed Material or One Hundred Dollars ($100).

 

You acknowledge that neither ABC Equipment Store nor any other third party partner or agent of ABC Equipment Store involved in the provision of the Website (each such third party, a “Third Party Provider”) can ensure that the operation of, performance of, and/or access to the services will be uninterrupted or error-free. ABC Equipment Store will not be obligated to correct, cure, or otherwise  remedy any nonconformity or defect in any Printed Material (a) if caused by software or other equipment used by you which has not been provided by ABC Equipment Store ; (b) if you have input data incorrectly or disregarded any information or advice provided to you by the Website during the creation of your Printed Material; (c) if the Website has been misused or damaged in any respect; or (d) if you have not reported to ABC Equipment Store the existence, any nature of any such nonconformity or defect promptly upon discovering it.

 

ABC Equipment Store does not and cannot control the flow of data to or from the Website, as such flow depends in large part on the performance of computer hardware and Internet services and software provided or controlled by third parties (including you), on the public Internet infrastructure, and on other events beyond the reasonable control of ABC PrintRoom. At times, action or inaction of third parties, hardware/software problems with the public Internet infrastructure or with your computing equipment, or other events beyond the reasonable control of ABC Equipment Store can impair or disrupt your connection to the Website or between the shops responsible for any printing or mailing. Save as specified in the foregoing paragraph, ABC PrintRoom will not be liable for any such interruptions in your ability to access the Website or timely send out Printed Materials resulting from or related to such services, software, or events.

 

ABC Equipment Store does not and cannot control the actions of shipping carriers or the delivery of U.S. Mail. Therefore, ABC Equipment Store cannot be responsible for the actual or timely delivery of any Printed Material after it is delivered to the designated mail carrier. Neither USPS, FedEx, UPS nor ABC Equipment Store will refund any postage costs for any Printed Material not delivered or timely delivered nor shall USPS, FedEx, UPS or ABC Equipment Store be liable for any costs to redeliver Printed Material which was not originally timely delivered by USPS, FedEx or UPS. Neither USPS, FedEx, UPS nor ABC Equipment Store shall be liable for the mailing costs for re-mailing any Printed Material which was materially defective and which you elect, under the warranty set forth above, to have reprinted by ABC Equipment Store.

 

You acknowledge and agree that ABC Equipment Store shall not be responsible for the content of Printed Material or the modification, use or publication of any Printed Material by you or any other participant or third party (other than ABC PrintRoom’s agents and subcontractors).

 

17. Indemnity

You agree to indemnify and hold ABC Equipment Store, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, suppliers and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any material you upload to the Website, your use of the Website, your conduct in connection with the Website, or any violation of the Agreement or of any law or the rights of any third party.

 

You agree to indemnify and hold ABC Equipment Store harmless from any claims and to reimburse ABC Equipment Store for any fees or expenses that may be assessed (i) as a result of a recipient’s address being incorrect, (ii) if the package has to be returned to ABC Equipment Store due to incorrect address information, and (iii) if the package is requested to be reshipped. Any such fees and expenses will be assessed to your account.

ABC Equipment Store does not ship any packages signature required and use of the Website signifies your agreement to indemnify and hold harmless ABC Equipment Store from any resulting claims. 

 

18. Force Majeure

ABC Equipment Store shall not be responsible for damages caused by delay or failure to perform, in full or in part, any of its obligations in connection with the Website or Services, provided that there is due diligence in attempted performance under the circumstances and that such delay or failure is due to fire, earthquake, unusually severe weather, strikes, government sanctioned embargo, flood, act of God, act of war or terrorism, act of any public authority or sovereign government, civil disorder, delay or destruction caused by public carrier, or any other circumstance substantially beyond the control of ABC Equipment Store.

 

19. Waiver of Jury Trial

You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms & Conditions, the Privacy Policy or the Website.

 

If a dispute (other than a dispute involving an actual or threatened violation of our intellectual property rights or the intellectual property rights of our affiliates and third party providers) arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator located in Maryland. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties.

 

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in Maryland, under the rules of the American Arbitration Association. Judgement upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. 

 

20. International Access

This Website and Service is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Website and Service. We make no representations regarding the legality of this Website and Service in any other country and it is your responsibility to ensure that your use complies with all applicable law outside the U.S.A.

 

21. Governing Law

The laws of the State of Maryland shall govern these Terms & Conditions of Use. You hereby expressly consent to exclusive jurisdiction and venue in the courts located in Maryland for all matters arising in connection with these Terms & Conditions of Use or your access or use of the Website or Service. 

 

22. Entire Agreement

These Terms & Agreement of Use and the other policies and terms set forth on the Website set forth the entire agreement between you and ABC Equipment Store on this subject matter and supersede all other negotiations, understandings, statements and agreements between parties. 

 

23. Questions

Should you have any questions regarding these Terms & Conditions of Use you may contact us via our Customer Service team. Notwithstanding the foregoing, ABC Equipment Store is under no obligation to provide end-user technical support to the Service.