Terms Of Use And Conditions Of Online Sales

Grandville printing company (“GPCO”) owns and operates the website located at wwww.nexgen365.com, www.gpco.com, and gpc.shopgpco.com, including services, content or information on the web site (collectively or individually, as the case may be, the "site"). Through these sites, GPCO provides customers with a variety of printing and design services (collectively, the "services"). You (referred to herein as "you" "your" or "user") acknowledge that your use of the site is governed by the terms and conditions set forth below (the "terms").  Your use of this site indicates your acceptance of the terms and your agreement to be bound by them.  If you do not agree to the terms, then you may not access or use the site and services.

Use Of The Site

1.1                Intellectual Property Rights  All content of the site, including design, text and graphics, and the selection and arrangement of such elements are copyrighted and are protected by worldwide copyright laws and treaty provisions.  Unless otherwise indicated, all product and service marks and logos displayed on the site are subject to the trademark rights of GPCO.  The site and its material may not be copied (other than page caching), reproduced, modified, published, uploaded, posted, transmitted, or distributed in any way, without our prior written permission and is expressly prohibited by law, and may result in severe civil and criminal penalties.  Violators will be prosecuted to the maximum extent possible.  Except as expressly provided herein, GPCO does not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information.

1.2                Links To Other Materials  Linked sites are not under the control of GPCO and GPCO is not responsible for the content of any linked site or any link contained in a linked site.  We reserve the right to terminate any link or linking program at any time.  We provide such links only as a convenience to you.  We have not endorsed, tested or verified any information, programs, companies, or products on sites to which it links.  If you decide to access any third party sites linked to this site, you do so entirely at your own risk.

1.3                Minors; Territory  The site is a business and commercial web site and should not be accessed by persons under the age of 18.  No person under the age of 18 should place an order on the site.  Placement of an order on the site by you constitutes your representation that you are at least 18 years of age.  GPCO operates this site(s) from its office within the United States.  GPCO makes no representation that content and materials on this site are legal or appropriate for access or use from outside the united states.  If you access this site from outside the united states, you do so at your own risk.  You may not use the site in violation of united states export laws and regulations.

1.4                Privacy  Please review our privacy policy, which also governs your use of the site.

Disclaimer of warranties for use of site:

1.5.1           General  GPCO makes no representations or warranties that the site will meet your requirements or that the site will be uninterrupted, timely, secure, or error-free. GPCO undertakes no obligation to update, amend or clarify the site.

1.5.2           No Warranties For Site Use  To the maximum extent permitted by applicable law, the site is provided to you “as is” and with all faults without any express or implied warranty of any kind.  Your use of the site is at your sole risk.  GPCO expressly disclaims all warranties of any kind with regard to the site, whether express or implied, including, without limitation, warranties of merchantability, title, noninfringement, fitness for a particular purpose, lack of viruses, accuracy or completeness, results, and lack of negligence.

Acceptance Of Order By GPCO

2.1                Condition Of Acceptance  All orders are subject to acceptance by GPCO.  Availability of products or services, prices, discounts, and specifications are subject to change without notice.

2.2                Email Confirmation  Your receipt of an email order confirmation is simply recognition by GPCO that an order has been received and does not constitute acceptance of the order or an offer to sell.  GPCO reserves the right to limit the quantity of any order or prohibit your purchase of the services altogether.

Payment Terms

3.1                Purchasing Services  Unless prior written arrangements have been made to accept your purchase order, payment for services you purchase through the site must be made via credit card at the time the order is placed, including estimated postage costs for mailing services, when applicable.  Purchase orders are accepted only with prior explicit GPCO approval and only for GPCO's current full service customers.  If for any reason you fail to pay GPCO for the services within thirty days of shipment, GPCO may, at its option, use collection mechanisms to collect your payment (including, among other things, delaying or suspending your other orders for services on file with GPCO and retaining collection agencies and legal counsel).  You will be liable to GPCO for any costs associated with collecting your payment if not made in full within thirty days.

3.2                Taxes  You are responsible for paying any governmental taxes imposed on your use of the site, excluding any taxes based upon GPCO's income.

Acceptance Of The Services By You

4.1                Delivery And Delay  GPCO will make your order available to you at its michigan location at the date and time specified by GPCO, unless GPCO and you agree otherwise in writing.  You will pay GPCO for all delivery charges as established by GPCO and stated in its invoice.  Any delivery dates specified in an order acknowledgment are estimates only and time is not of the essence.  All deliveries are subject to modifications or cancellation due to events beyond GPCO's reasonable control, including acts of God, compliance with any law, order, rule or regulation of any governmental or other authority, delay in transportation, labor disputes, strikes, failure of equipment or systems, or shortages of any labor or materials or services ("force majeure").  If GPCO cannot finish and deliver your order on the estimated delivery date due to an event of force majeure or if GPCO has reasonably endeavored to deliver on the estimated delivery date, then the estimated time of delivery will be extended accordingly and GPCO will not be liable for any loss of profit or property, or for any direct, indirect, special, incidental, consequential or other damages caused by any delay or failure to deliver.  If customer causes or requests a delay in the manufacture or delivery of any order, customer will reimburse GPCO for all resulting damages, including without limitation, payment of reasonable storage expenses during the period of delay or interruption.

4.2                Title And Risk Of Loss  Title to and risk of loss of your order will pass to you when GPCO makes it available to you or, if the parties have agreed that GPCO will deliver your order via carrier, upon delivery of your order to the carrier at the shipping point.  You grant GPCO a security interest in your order and will keep it properly stored, insured and identifiable as subject to GPCO's lien until full payment is made by you.  GPCO reserves the right to enter your premises to repossess any of your orders for which payment is overdue.

4.3                Short Claims  Any claim for shortages or loss must be reported within ten days of receipt of shipment. Claims for in-transit loss or damage should be made directly with the carrier.

4.4                Damaged Orders  If, upon receipt, you believe that your order is damaged, you must obtain prior authorization before returning the order to GPCO.  If a return is approved, GPCO will authorize the return.  Damaged orders should be shipped in cartons marked "damaged."  GPCO will inspect your returned order and, if inspection reveals no legitimate reason to issue credit, GPCO will (1) inform you that no credit will be issued and (2) make your order available for you to pick up immediately.  Any such orders that are not picked up by you within ten business days will be disposed of by GPCO.  You will pay for all costs associated with disposal of your order, or, if GPCO incurred the costs, you will reimburse GPCO.

Warranty And Remedies For Services

5.1                Representation And Warranty Of Copyright  You represent and warrant that you own the copyright for or otherwise have the authority to copy or print any documents or materials that you submit to GPCO.

5.2                Warranty For Services  GPCO warrants that upon delivery your order will be free from defects in material and workmanship under proper and normal use.  Orders will be considered "defective" if the defect materially impairs its value to you for your intended use.  There is no implied or expressed warranty for damage due to normal wear, abuse, alteration, damage by accident, negligence or misuse, use in production, or use other than intended use.

5.3                Remedies  In accordance with the terms of the limited warranty stated above, if written notice of the defect is received by GPCO within thirty days of the appearance of such defect, GPCO will, at GPCO's sole option, replace, repair, or refund the purchase price paid to GPCO (net of shipping costs paid by GPCO) for any defective order.  If notice is not given within thirty days of the appearance of the defect, any claim for breach of warranty will be conclusively deemed to have been waived and GPCO will not be liable under this warranty.

5.4                Limitation Of Warranty  Except as stated in paragraph 5.1, GPCO does not make any warranty as to the services, whether oral, written, express, implied, statutory, or otherwise.  In particular, there is no warranty of merchantability or fitness for a particular purpose.

Limitation Of Liability And Remedies

6.1                Exclusion  To the maximum extent permitted by applicable law, in no event will GPCO be liable for any damages of any kind, including without limitation any direct, special, incidental, indirect, punitive or consequential damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the services or your use of or inability to use the site, even if GPCO knows of, or should have known of, the possibility of such damages.  GPCO will not be liable to you in tort for any defect in the design or manufacture of your order.  If you are dissatisfied with the services or the site, or with any of the terms, your only remedies are (a) repair, replacement, or refund, in GPCO's sole discretion, as provided for in section 5.1 above, or (b) to discontinue use of the site. The foregoing limitations, exclusions and disclaimers apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

6.2                Indemnification  You agree to indemnify and hold GPCO harmless from and against any and all claims, liabilities, demands, penalties, forfeitures, suits, judgments and the associated costs and expenses (including attorney’s fees), which GPCO may hereafter incur, become responsible for or pay out arising out of your use of the site, including, but not limited to, your submission of works not owned by you or that you are not authorized to print or copy, or your breach of any term or provision of these terms.

6.3                Time For Bringing Action  Any action that you bring against GPCO for breach of the terms must be brought within one year after the cause of action accrues.

General Terms

7.1                Modification  GPCO reserves the right at any time and in GPCO's sole discretion to change the terms, conditions, and notices under which the site is offered.  You should visit this page from time to time to review the then-current terms because they are binding on you.  Certain provisions of the terms may be superseded by written agreement of the parties or by expressly designated legal notices given to you or terms located on particular pages at the site.  GPCO also reserves the right at any time and in its sole discretion to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice.  You agree that GPCO will not be liable to you or to any third party for any modification, suspension or discontinuance of the site.

7.2                Jurisdiction  The terms are governed by and interpreted according to the laws of the State of Michigan, without regard to conflicts of law principles.  GPCO and you agree that all disputes and litigation regarding the terms, the services, or the site, and matters connected with its performance or relating to the use of the site, are subject to, and they each consent to jurisdiction and venue in, the state and federal courts in kent county, michigan.  Use of the site is unauthorized in any jurisdiction that does not give effect to all provision of these terms and conditions, including without limitation this section.

7.3                Equitable Relief  You recognize and acknowledge that a breach by you of any of your obligations under the terms will cause GPCO irreparable damage, which cannot be readily remedied by monetary damages in an action at law. Accordingly, in the event of any default or breach by you, including any action by you that could cause some loss or dilution of our goodwill, reputation, or rights in the site, GPCO will be entitled to an immediate injunction in addition to any other remedies available, to stop or prevent such irreparable harm, loss, or dilution.

7.4                Entire Agreement  The terms embody the entire agreement and understanding between GPCO and you with respect to your use of the site and supersedes all prior oral or written agreements and understandings relating to your use of the site.  No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the terms will affect, or be used to interpret, change or restrict, the express terms and provisions of the terms.

User has read the terms and understands user’s rights and obligations under the terms.  User expressly agrees to be bound by the terms.