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Terms & Conditions

Terms & Conditions

(Last Updated: August 12, 2016)

420 Envelope is owned and operated by 420 Envelope, Inc.

By visiting and using 420Envelope.com (“this website”), you (the “User”) agree to be bound by the following terms and conditions. The following terms and conditions constitute a legally binding agreement between you and 420 Envelope and govern any use of the site by any users of the site and any services offered by 420 Envelope.

If you do not agree with the terms and conditions on this website, please do not access this website, or make any use of this website or it’s services.

 

Copyright & Trademark

You acknowledge that all content included on this website, including information, data, photos, graphics, fonts, images, illustrations, designs, icons, written or other material are intellectual property and copyrighted works of 420 Envelope, it’s licensees, and or third party providers. Reproduction or storage of content retrieved from this website, in any form, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code. Unless 420 Envelope specifically provides information otherwise, nothing on the website is to be construed to confer any license or ownership right in materials published. All rights not granted to you in the Terms of Service are reserved by 420 Envelope.

The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe the material appearing on the Internet infringes their rights under U.S. Copyright law. If you believe that materials appearing on the website infringe your copyright, you or your representative may send us a notice requesting that the material be removed or to block access to said material. The notice must contain: your full name, valid address, and accessible phone number. Also, please provide your email address, if possible. Your notice must identify the material that is claimed to be the subject of any infringement activity and information reasonably sufficient to locate the material.  Your notice must also include a statement from the complaining party providing good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, it’s agent, or the law; a statement under penalty of perjury that the information in the notification is accurate and that the user is authorized to act on behalf of the copyright owner or is the copyright owner.

"420 Envelope" and any other logos, designs, or marks appearing on the website are trademarks of “420 Envelope” in the United States and other jurisdictions. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the trademarks in any way, including distribution of marketing materials on this website with 420 Envelope’s prior written consent. The use of trademarks on any other website is prohibited.

 

User Conduct & Eligibility

The user of this website is solely responsible for the content of any materials submitted through the website. The user warrants and agrees that while using this website, the user will not upload, transmit, distribute, or otherwise publish through the website any materials which are: unlawful, threatening, harassing, profane, or may restrict or inhibit any other user from using or enjoying the website, or may encourage conduct that would constitute a criminal offense or give rise to civil liability, or may contain a virus or other harmful component or false or misleading indications or statements of fact.

Minimum Age. This website and it’s services are intended solely for persons 18 years of age or older. Any access or use of this website or it’s services by anyone under 18 years of age is prohibited. By accessing or using this website, you represent and warrant that you are 18 years of age or older.

 

Privacy

You confirm that you have read, understood and agree to 420 Envelope Privacy Policy,

You consent to the use of your personal information by 420 Envelope, it’s third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the 420 Envelope 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. 420 Envelope 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 420 Envelope - 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 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 420 Envelope FOR THE REQUEST.

 

Indemnification

You agree to defend, indemnify and hold harmless the 420 Envelope, it’s licensees, and any third party providers 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, and (E) any image or content being reproduced as part of your order. 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, you are responsible for the Terms & Conditions on this website and 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.

 

Amendments to Terms & Conditions

420 Envelope 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 this website 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 420 Envelope. will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.

 

Governing Law & Exclusive Venue for Disputes

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. 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 for all disputes arising out of, or relating to, the Terms & Conditions and use of this Site or its services.

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.

 

Notices

Except as explicitly stated otherwise, any notices shall be given by email or to you at the email address you provide to 420 Envelope.

 

Payment & Sales Tax

All prices and amounts shown on this Site are in U.S. Dollars (USD), unless otherwise noted. All prices set forth on this website 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 the user and 420 Envelope.

If a user submits an order on the website to purchase any services, the User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by the user with an approved payment method.

Production of all items ordered will not begin until an order is fully paid, including shipping and handling fees, if applicable except where 420 Envelope has explicitly agreed to special delayed payment terms with the User prior to placing an order. Users who have delayed payment agreements with 420 Envelope are required to provide payment in accordance with the terms of their applicable payment agreement.

Once the print file(s) associated with an order have been approved by the User, 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 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 420 Envelope and non-refundable at a rate of fifteen percent (15%) for each calendar month that passed after the date of the User's initial submission even where the print job never reaches the "Production" or shipment phase due to no fault of 420 Envelope. (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 "Production" phase, etc.)

420 Envelope charges sales tax on orders picked-up from or shipped to an address within the state of California unless you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate.

 

Cancellation, Returns & Refund Policy

An order may be canceled before it is in “Production”. Once an order is placed in the status “Production” the order may not be cancelled.

At 420 Envelope, 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.

- 100% Refund or reprint on any defective print orders

- 100% Free expedited reprint on any orders lost in transit

- 15% Restocking Fee on any Plain Products

All Non-Plain Products Are Nonrefundable Unless Defective or Lost In Transit. All Design Services are Nonrefundable. There is a fifteen percent (15%) restocking fee upon returning any Plain Envelope products. Determination of defect is at the sole discretion of 420 Envelope. In most cases, Users will be requested to submit photos documenting the product defect and/or ship the defective products back to customer service. Turnaround and shipping for reprint orders will vary depending upon available production capacity and 420 Envelope’s discretion.

The user cannot return or exchange any stock image(s) that you purchase and all sales are final.

 

Artwork Files & Colors

Our prepress department checks all submitted artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to 420 Envelope. By submitting the artwork to 420 Envelope, you certify that you have the right to use the image(s) in your artwork files.

The user of this website accepts full legal liability for the content of material processed and printed on the user’s behalf and under the user’s instructions.

420 Envelope will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density. Because of inherent limitations with the printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. By placing an order with 420 Envelope, you agree to this limitation. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed piece. Under no circumstances will a reprint be honored for color variations that have occurred during the printing process.

 

Proofs & No Liability For Errors

If requested, an online proof will be available for your review after we have received the user’s files for print. Jobs with proof requests will not be sent to press without your approval unless the proof approval is explicitly waived.

An online proof is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and over print issues.

420 Envelope is not liable for errors in a final product caused by any of the following reasons: Spelling, punctuation and grammatical errors, low resolution or low quality graphics and images, damaged fonts, transparency issues, overprint issues, artwork files that are not created following our specifications, variances in color from the conversion of Pantone or RGB colors to CMYK, errors in user-selected options such as size, quantity, paper and finish, duplicate orders submitted by the User, incorrect files uploaded, incorrect file orientation, cracking on folds, cutting variances, incorrect or undeliverable shipping address, damage to products after delivery to User

User is responsible for reviewing their files and correcting any issues prior to placing the order.

 

Shipping & Handling

All purchased products are shipped. You must select one of the shipping methods presented to you on this website. All shipping may be done using UPS or other freight carriers. 420 Envelope reserves the right to use the most appropriate carrier for the required transit time and destination. When choosing a shipping method, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by the carrier.

420 Envelope assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.

420 Envelope is not liable for damages that occur during shipping. Pick up orders will be kept for 30 days from the send date of the pick-up notification email. If the order has not been picked up from 420 Envelope’s facility within 30 days, it will be recycled.

 

Miscellaneous

We reserve the right to refuse an order without disclosing a reason.

All complaints must be registered within 24 hours of receipt of your final printing job. If we determine that your job contains manufacturing errors and/or defects, we will rerun your job at no charge.

All materials we create in producing your printed product are the property of 420 Envelope. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product. Please note that your printed product or images used for your printed product will not be used in any national advertising without your prior written consent.