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ID PRINT REGISTRATION
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DISCLAIMER
PLEASE READ COMPLETELY
READ
THESE TERMS CAREFULLY BEFORE USING THE SERVICES DESCRIBED
BELOW. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS,
YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. YOUR
CLICKING ON THE BUTTON MARKED " ACCEPT" AND YOUR
CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT
THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS.
This Internet Printing Services Agreement (the "Agreement")
is between you and ASAP Graphics d/b/a/ Identity Graphics
& Printing. Your use of the Services signifies your
agreement to the terms and conditions of use set forth in
this Agreement, as it may be amended from time to time.
Please read this Agreement carefully as it forms a binding
contract between you and ASAP Graphics d/b/a/ Identity Graphics
& Printing. 1. Grant of Rights. ASAP Graphics d/b/a/
Identity Graphics & Printing grants you a non-exclusive,
non-transferable, limited right to access, use and display
the Internet access services provided by ASAP Graphics d/b/a/
Identity Graphics & Printing, including, without limitation,
e-mail, stock images, and any other services which ASAP
Graphics d/b/a/ Identity Graphics & Printing may offer
(collectively, the "Service"). 2. Content. You
recognize that you are solely responsible for the content
that you make available by means of the Service, including,
without limitation, by posting on a Web site or in an e-mail,
or any means in which you deliver your print request to
ASAP Graphics d/b/a/ Identity Graphics & Printing. You
agree that if ASAP Graphics d/b/a/ Identity Graphics &
Printing in its sole discretion deems any content made available
by you to be unlawful, fraudulent, unacceptable, offensive,
obscene or otherwise objectionable, ASAP Graphics d/b/a/
Identity Graphics & Printing has the right, but not
the obligation, to not accept your submittal. You expressly
agree that ASAP Graphics d/b/a/ Identity Graphics &
Printing shall not be liable to you for any action ASAP
Graphics d/b/a/ Identity Graphics & Printing takes to
remove or restrict access to such material, nor for any
action taken to restrict access to material posted in violation
of any law, regulation or rights of a third party, including,
but not limited to, rights under the copyright law, trademark
law and prohibitions on libel, slander and invasion of privacy.
ASAP Graphics d/b/a/ Identity Graphics & Printing has
the right to take all reasonable actions to remove or restrict
access to any such material, including restriction, suspension
or termination of your access privileges and/or deletion
of the objectionable material. 3. Proprietary Materials.
Material accessible to you through the ASAP Graphics d/b/a/
Identity Graphics & Printing Service may be the subject
of intellectual property rights, including, without limitation,
patents, copyrights, trademarks and trade secrets. Except
as expressly permitted by the owner of such rights, you
may not reproduce, redistribute, retransmit, publish or
otherwise transfer, or commercially exploit, any such material.
Any material provided by ASAP Graphics d/b/a/ Identity Graphics
& Printing as a STOCK IMAGE can be used by you for submittal
to ASAP Graphics d/b/a/ Identity Graphics & Printing
in design and printing work, however, you may not use these
images elsewhere. 4. Prohibited Uses. You expressly agree
not to use the ASAP Graphics d/b/a/ Identity Graphics &
Printing Service in a manner that is prohibited by any law
or regulation, or to facilitate the violation of any law
or regulation. 5. Warranty and Indemnification. You represent
and warrant to ASAP Graphics d/b/a/ Identity Graphics &
Printing that you will not transmit by means of the Service
any materials of any kind which (i) violate, plagiarize,
or infringe on the intellectual property or contractual
rights of any third party; (ii) are exported in violation
of any law, rule, or regulation governing exports from the
United States; (iii) contain libelous, defamatory, obscene,
pornographic, abusive or otherwise unlawful material; (iv)
contain software viruses or any other malicious code designed
to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment.
You further represent and warrant to ASAP Graphics d/b/a/
Identity Graphics & Printing that your use of the Service
will at all times comply with all applicable laws, rules,
and regulations. You hereby agree to indemnify, defend and
hold harmless ASAP Graphics d/b/a/ Identity Graphics &
Printing and its employees, licensors, independent contractors,
providers, subsidiaries and affiliates (collectively, the
"Affiliates"), from and against any and all liability
and costs incurred by the Affiliates in connection with
any claim arising out of any breach by you of the foregoing
representations, warranties and covenants, including, without
limitation, attorneys' fees and costs. You shall cooperate
as fully as reasonably required in the defense of any claim.
ASAP Graphics d/b/a/ Identity Graphics & Printing reserves
the right, at its own expense, to assume the exclusive defense
and control of any matter otherwise subject to indemnification
by you and you shall not in any event settle any matter
without the written consent of ASAP Graphics d/b/a/ Identity
Graphics & Printing . 6. Limitation of Liability. UNDER
NO CIRCUMSTANCES SHALL ASAP Graphics d/b/a/ Identity Graphics
& Printing BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL
DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE
OF, OR THE INABILITY TO USE, THE SERVICES, EVEN IF ASAP
Graphics d/b/a/ Identity Graphics & Printing HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION
MAY NOT APPLY TO YOU. IN NO EVENT SHALL ASAP Graphics d/b/a/
Identity Graphics & Printing 'S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE
SUM OF PAYMENTS MADE FOR PRODUCTS PURCHASED THROUGH THIS
SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $500.00. YOU
FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON
OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT
AGAINST ASAP Graphics d/b/a/ Identity Graphics & Printing
ARISING OUT OF THE USE OF THE SITE. 7. Intellectual Property
Rights. This site is protected by copyright, trademark,
trade dress and other intellectual property rights. ASAP
Graphics d/b/a/ Identity Graphics & Printing's logo,
and other trademarks, service marks, logos, product names
and service names (collectively, the "MARKS")
are owned or licensed by ASAP Graphics d/b/a/ Identity Graphics
& Printing. You agree not to copy, display or otherwise
use any of the Marks without the prior written permission
of ASAP Graphics d/b/a/ Identity Graphics & Printing.
You agree not to upload or transmit any communications or
content of any type that infringes or violates any rights
of any party. It is our policy not to permit materials known
by us to be infringing to remain on the site. ASAP Graphics
d/b/a/ Identity Graphics & Printing has made every effort
to secure appropriate clearances, licenses or other agreements
for all proprietary intellectual properties used on this
site. 8. Modifications to Agreement. ASAP Graphics d/b/a/
Identity Graphics & Printing has the right to modify
this Agreement. Any modification is effective immediately
upon either a posting on the ASAP Graphics d/b/a/ Identity
Graphics & Printing Home Page (http://www.identitypress.net),
or upon notice by electronic mail, or U.S. mail. Any updates,
revisions, supplements, modifications or amendments shall
be effective immediately upon its posting on the Site. You
agree that will be bound by this Agreement, however and
whenever it is updated, revised, supplemented, modified,
or amended, whether you have actual or constructive notice
of, and whether you have used or continue to use the Site
after, the updates, revisions, supplements, modifications
or amendments have been implemented. 9. Entire Agreement.
This Agreement constitutes the entire understanding of the
parties relating to the subject agreements and understandings,
whether oral or written, relating to the subject matter
thereof and supersedes all prior agreements between you
and ASAP Graphics d/b/a/ Identity Graphics & Printing.
Failure by ASAP Graphics d/b/a/ Identity Graphics &
Printing to enforce any provision of this agreement shall
not be construed as a waiver of any provision or right.
10. Consent to Jurisdiction and Venue. This Agreement is
executed in the State of Florida and it is to be construed
under and in accordance with the laws of the State of Florida.
In addition, both you and ASAP Graphics d/b/a/ Identity
Graphics & Printing consent to jurisdiction of the County
or Circuit or Federal Courts located in Broward County,
Florida. 11. Severability. Should any of the provisions
of this Agreement be found to be in violation of applicable
law, the remaining provisions shall be in full force and
effect. 12. Attorneys' Fees and Costs. In any litigation,
including breach, enforcement or interpretation, arising
out of or associated with this Agreement, the prevailing
party in such litigation shall be entitled to recover from
the non-prevailing party reasonable attorney's fees, costs
and expenses through any appeal.
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