Terms and Conditions
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 a membership account with
SoOPAK. In the event that updated, new, additional and/or
enhanced features are added to this Website, previously
registered users will not generally be required to re-register,
however, you may be required to re-acknowledge these Terms and
Conditions and/or other terms and conditions that may accompany
these new features, updates and/or enhancements.
By registering an account on our website, users also agree to the subscription of our E-Newsletter. SoOPAK E-mail Newsletter service is free of charge. In the event that registered users would like to opt-out of our Newsletter subscription service, they are free to do so at any time by selecting the option to unsubscribe which is present on any and all of SoOPAK newsletters. To protect against malicious content, we will never send any file attachments along with our E-Newsletters.
When you register, you agree to provide accurate and current
information about yourself (and 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.
Not all products and services on this website are available to
all customers. The products and services available to you will
depend on your overall relationship with us, as measured by our
loyalty program. You agree that when you access and use this
website, you are only entitled to order those products and
services that are available within the loyalty level you are
assigned to at that time.
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 to 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 SoOPAK in the event you
become aware of any unauthorized use of your user ID and
password.
CUSTOMR PROVIDED CONTENT
For certain product and service offerings you may elect to
electronically upload or otherwise submit data, text,
photographs, graphics, messages or other materials (collectively,
"Customer Content") to SoOPAK for inclusion in print
products. You understand and agree that you (and any other person
from whom it may have originated) are solely responsible for all
Customer Content. When you upload, or otherwise provide Customer
Content to SoOPAK you warrant and confirm that you either own the
copyright to or have permission to copy any documents, text,
graphics, photographs, etc., that you submit for inclusion in the
print process, and you agree to defend, indemnify and hold SoOPAK
and its officers, directors, employees, shareholders agent and
affiliates, harmless from any suit, demand, or claim arising out
of any breach of this warranty and agree to pay any judgment or
reasonable settlement offer resulting from any such suit, demand
or claim, and to pay any attorney's fees incurred by SoOPAK in
defending against such suit, demand or claim.
SoOPAK
does not maintain Customer Content indefinitely. Customer Content
uploaded to the Website with an associated order will be kept on
file for a period of up to fifteen (15) days. At the end of that
time it may be deleted and irretrievable. Please note that
Customer Content uploaded to SoOPAK cannot be used to re-order an
additional print job; it is only maintained for reprint purposes.
You agree that you will not send, upload, post or otherwise
transmit to SoOPAK any Customer Content that contains material
that:
(i) is unlawful, threatening, abusive,
defamatory, and/or obscene;
(ii) which invades
another person's privacy;
(iii) which would
further the commission or concealment of a crime;
(iv) advocates or urges treason, insurrection, sedition or
forcible resistance to any law of the United States and of
Canada;
(v) is not lawfully yours to
transmit;
(vi) is the subject of, or which
infringes upon, any patent, trademark, trade name, trade secret,
copyright, right of publicity, moral right or other intellectual
property right of another person or entity;
(vii)
contains software viruses, trojans, malware, or other harmful or
malicious computer code, or that in any other way would way
interfere with or disrupt the services and/or production of
SoOPAK and/or or any servers or networks connected to or used in
connection with the delivery of such service and production.
You acknowledge that SoOPAK does not pre-screen Customer Content,
but that SoOPAK reserves the right to do so at any time and that
SoOPAK and its affiliates shall have the right (but not the
obligation) in their sole discretion to remove any Customer
Content and/or to refuse to fulfill a print job or order that
violates these Site Terms or that may otherwise be objectionable.
You further acknowledge and agree that SoOPAK may preserve
Customer Content and may also disclose Customer Content if
required to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce these
Site Terms;
(c) respond to claims that the
Customer Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of SoOPAK,
its employees, users and the public in general.
Regardless of the upload of Customer Content to this Website,
and/or the inclusion of Customer Content into any product or
service offered through this Website, SoOPAK, retains all of its
rights in and to all Site Content on this Website, whether
created by, for or on behalf of SoOPAK.
Please note that
if your order requires additional customization to be done by a
third party, SoOPAK is no longer responsible for the order and
SoOPAK’s liability to use is terminated at the time the
order leaves SoOPAK. This includes packaging and label orders
also.
USE OF DESIGN TOOLS
The design tools available on this Website are made available to
all users of the Website. In the event you create a design, such
as a sign, emblem or logo, you do not obtain any right or claim
to any of the individual design elements made available through
this Website that enabled the creation of the design, and these
design elements are and will continue to be the property of
SoOPAK (or the licensor if applicable) and will remain freely
available to other SoOPAK customers. Your use of the Site Content
provided on this Website and/or the creation of products or
materials using such Site Content does not create joint
authorship, joint ownership, works made for hire, or any other
interest of any kind, with SoOPAK in or regarding such Site
Content.
It is solely your responsibility to determine
whether any design you may create using the design tools made
available to you by SoOPAK, infringes, or may be subject to a
claim of infringement upon the trademark, copyright, or other
rights of a third party. You should consult with an attorney as
to whether a design you create may infringe upon the rights of
another party.
This site may contain links to websites
that are owned and/or operated third parties, and that are not
under the control of SoOPAK. These links are provided only as a
convenience. SoOPAK does not evaluate, review, monitor, or
endorse the content of such sites and is not responsible in
anyway for the information, services, products or other materials
available on or offered by such sites, the accuracy of the
content on such sites, and /or the privacy, security and safety
practices of such sites. You expressly understand and agree that
if you access any such sites through a link provided by SoOPAK
then you do so at your own risk.
UPLOADED CONTENT REQUIREMENTS
We strongly recommend that content uploaded to SoOPAK for print
fulfillment is:
At a minimum of 300 DPI
at 1:1 ratio (or 100%). Content that does not meet this
standard may experience print or images that are fuzzy, pixilated
or otherwise distorted for which SoOPAK does not accept any
responsibility. We reserve the right to reject content that does
not meet this standard, but we do not assume any obligation to
verify that the content meets this criterion.
Designed
in CMYK and uploaded to SoOPAK in CMYK with no embedded color
profile. (You may upload in RGB or some other standard if
you choose, however, the color will be converted and SoOPAK is
not responsible for any inaccuracy or color shift that occurs as
a result of the conversion).
COLOR QUALITY
SoOPAK guarantees that its prints will meet CMYK industry standards. We cannot guarantee "match-print" color fidelity and cannot prevent slight color shift throughout an order. Because we cannot control the color reproduction of a customer's computer monitor, we cannot guarantee that the actual print color will precisely match any preview as it appears your monitor. SoOPAK is not responsible for any color shift in converted photographs (RGB images) with black, near black, or gray tones. Color shifts from a perceived black or gray must be addressed prior to file submission. Proofs do not guarantee black, near black or gray final output. Please note that the application of UV coating may have an effect upon or change the appearance of printed colors. SoOPAK is not liable for the final color appearance of a UV coated product.
PRODUCTION TURNAROUND TIME
SoOPAK's standard turnaround is dependent on the product ordered;
if you do not specify otherwise you will be charged for standard
turnaround for the relevant product.
Turnaround times do
not include shipping time. The estimated date you will receive
your order is a combination of the selected turnaround time and
shipping time. Once your order is placed your turnaround time
generally cannot be changed and billing charges will not be
reversed.
For your convenience, depending on the product
ordered, SoOPAK offers a variety of different production
turnaround times. Not all of the following turnaround times are
offered on every product; the available turnaround times will be
listed with product as part of the order process.
Same
Day (not available in all locations) -- all production
ready jobs received and confirmed by no later than 10:00 a.m.
will be ready for shipping or pick by the end of the same day.
Production ready jobs not placed and confirmed by 10:00 a.m. will
be treated as having been timely received on the following
business day.
PLEASE NOTE:
Pick up is available only until 6:00 p.m. (orders completing
after 5:00 p.m. may not be available for pick up until the
following morning).
Free delivery (if available) will be
on the next scheduled delivery day. We do not offer same day
turnaround combined with same day free delivery. For example, if
your free delivery schedule is on Wednesday and Friday, a same
day turnaround order placed on a Monday will not be delivered
until Wednesday; if free delivery is available every day, Monday
through Friday, the order would be delivered on Tuesday.
Same day turnaround is only available for quantities up to 500.
We reserve the right to print same day turnaround product on our
digital presses.
Next Business Day |
all production ready jobs received and confirmed by no later than 10:00 a.m. will be ready by the end of the next business day. Production ready jobs not placed and confirmed by 10:00 a.m. will be treated as having been received before 10:00 a.m. the following business day. |
Next Day Plus 1 |
all production ready jobs received and confirmed by no later than 1:00 p.m. will be ready the by the end of the second business day after receipt. Production ready jobs not placed and confirmed by 1:00 p.m. will be treated as having been received before 1:00 p.m. the following business day. |
2-4 Day |
all production ready jobs received and confirmed by no later than 1:00 p.m. will be ready between 1:00 p.m. the second business day after receipt and 1:00 p.m. on the fourth business day after receipt. |
5-7 Day |
all production ready jobs received and confirmed by no later than 1:00 p.m. will be ready between 1:00 p.m. the fifth day after receipt and 1:00 p.m. on the seventh day after receipt |
Please note: |
Turnaround times for jobs that SoOPAK does not deem production ready (e.g., those with problems or that require a proof) will not begin until the job is approved and ready for production. |
If you choose group shipping this may add at least one additional day to your chosen turnaround time.
OVER/UNDER RUNS
Although we endeavor to ship the quantity ordered, SoOPAK reserves the right to ship within 5% over or under the requested quantity. If a minimum quantity is a necessity we recommend that you adjust the total quantity ordered to account for the possibility of an under run.
ORDER APPROVAL/ PROOFING
SoOPAK has and assumes no obligation to proof or otherwise review
the content or layout of your order. Even if a SoOPAK customer
service representative has inquired as to the attributes of one
of your prior orders, you are not entitled nor should you assume
that SoOPAK will review any other order you place. orders are
printed in their "as submitted" form and the customer
is fully responsible for final proof and layout verification and
approval prior to submission to the print process. SoOPAK DOES
NOT make any changes on customer files. Once you submit an order
to the print process you are agreeing that you are fully
satisfied with the document layout and content and you accept
responsibility for any errors therein. SoOPAK will assume that
you have verified the spelling, grammar, content and layout, etc.
are all correct and it will not accept any liability for errors
such as misspelling, graphics, grammar, damaged fonts,
punctuation, transparency, overprint, improper layout, bleeding,
erroneous cut or fold lines, die lines or crop marks, sizing,
etc.
SoOPAK does not provide proofs of any order unless
the customer requests it as part of the order process and it is
an option available for the product. If you request a proof then
it is your responsibility to verify the proof against the
original (and to correct any spelling or grammatical errors,
etc).
If a proof is requested, then your job will not be
processed or deemed production ready until you have approved the
proof in writing. Please be aware that this may impact the job
turnaround time.
EDDM PRODUCTS
All EDDM (Retail or Business Mail Entry Unit) products are shipped "loose”. We do not select or assist in selecting the postal routes for your EDDM mailing. Please note: we cannot take any responsibility for the layout of your EDDM mailing piece, including, without limitation, the sufficiency and placement of the address area.
PROMOTIONS, SPECIAL OFFERS AND DISCOUNT COUPONS
From time to time, SoOPAK 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 stated 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 SoOPAK account holders in
good standing.
Promotions and special offers may be
limited to certain account holders (e.g., they may be limited to
loyalty levels or the terms may vary by loyalty level).
To take advantage of a promotion or special offer, enter the
Coupon Code in the applicable field 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;
this determination is final.
A Coupon Code may not be
combined with any other promotion, special offer, discount or
reward offered by SoOPAK (including Rewards Points redemption).
If you enter a Coupon Code or take advantage of a promotion,
special offer, discount or reward (including Coupon Codes issued
for Rewards Points redemption), you will not be able to enter
another Coupon Code or take advantage of any other promotion,
special offer, discount or reward.
Coupon Codes only
apply to products ordered through SoOPAK's website; they may not
be used in conjunction with the purchase of products sold by or
under the brands of third parties (including, SoOPAK affiliates
and/or websites linked to any existing SoOPAK website). Coupon
codes can not be applied to custom orders.
Coupon Codes
cannot be used to pay for taxes, shipping and handling or other
charges. 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.
If a
promotion or special offer is for a defined amount (e.g. $10.00
off) and applies to a multiple- item order (e.g., multiple sets
of business cards), it will be allocated to each eligible item
based on the proportion of the item's value to the total value of
all eligible items, excluding shipping and handling, taxes and
other charges. Certain items may not be eligible for the
promotion and will not be included in the calculation.
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 timeframe is specified, a promotion or
special offer is valid until the end of the month is which the
Coupon Code is first eligible for use.
Coupon Codes (and
the Coupons 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 SoOPAK.
If a Coupon Code is used and the entire
order is cancelled or rejected, or if you return all items in the
order then, subject to the terms of
our Returns/Refund/Reprint Policy, you will be refunded only
the actual amount paid. The coupon code will no longer be valid.
If only part of your order is cancelled or rejected, or if you
return only some of the items in your order, then subject to the
terms of our Returns/Refund/Reprint Policy, 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, rejected
or returned 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). The balance of the promotion or special
offer is void, and the Coupon Code will no longer be valid.
SoOPAK reserves the right to discontinue a promotion or special
offer or coupon at any time and with immediate effect.
PAYMENT
All prices and dollar amounts on this Website are in Canadian dollars or United
States dollars. SoOPAK 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 register with and order
products and services from SoOPAK it is necessary for you to
provide and keep on file a valid, authentic and current credit
card, which you are authorized to use. By submitting a credit
card number to SoOPAK you are representing and warranting that
the credit card information you provide is valid, authentic,
current, and one that you are authorized to use it. 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 a SoOPAK customer service representative if
extended processing is required to complete your transaction
request through our Website. This may affect to your estimated
delivery date.
Unless SoOPAK 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 SoOPAK 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; SoOPAK 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 changes 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 you provide to us.
In the
event that SoOPAK and you have agreed upon an alternative method
of payment and the payment is not received within 5 business days
of the date on which payment was due you hereby irrevocably agree
that SoOPAK may charge one or more of the credit card(s) you have
on file for the full amount of your outstanding account balance.
ORDER CANCELLATION
Refund / Exchange Policy:
Every order is custom designed and created for each client. Once
an order goes to print, we are unable to offer returns or
exchanges unless the item purchased is defective. Any quality
related issue must be acknowledged SoOPAK within 10 business days (from
the day order shipped/picked up).If you receive a defective item,
please contact us at support@soopak.com with details of the
product and the defect. You can send the item you consider
defective to:
SoOPAK
Unit B 3640 McNicoll Ave Scarborough
Ontario Canada M1X 1G5
OVER-RUNS AND UNDER-RUNS
Overruns or underruns tolerance is 10% on quantities ordered, SoOPAK will bill, and customer will pay, for actual quantity delivered within this tolerance. If customer requires guaranteed exact quantities, the percentage tolerance for over-runs will be 20%.
INTELLECTUAL PROPERTY
Copyright Ownership. This Website, the Website layout and design,
and all Website page themes and skins are the property of SoOPAK
and are protected by U.S., Canada, and international copyright
laws. All content of the Website, including without limitation,
HTML text, graphics, other files, code, software layout, designs,
forms, templates, artwork, photographs, images, document layouts,
text, fonts, music, software tools, and other information, either
alone and/or as compilation thereof (collectively, the
‘Site Content"), constitutes the copyrighted property
of SoOPAK or of those parties from whom SoOPAK has licensed such
property, and is protected by United States, international and
other laws. SoOPAK reserves all rights in and to this Website and
the Site Content worldwide. Your use of this Website and/or any
Site Content does not convey to you or any other person an
interest of any kind to the Site Content. SoOPAK reserves the
right to add to, delete from, or modify any part of the Site
Content at any time without prior notice.
Copyright
Policy. It is our policy to respond to clear notices of alleged
copyright infringement that comply with the United States Digital
Millennium Copyright Act (DMCA). This policy describes the
information that should be present in these notices. It is
designed to make submitting notices of alleged infringement to us
as straightforward as possible while reducing the number of
notices that we receive that are fraudulent or difficult to
understand or verify. The form of notice specified below is
consistent with the form suggested by the DMCA, but we will
respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of this site will
comply with applicable copyright laws. If, however, we receive
proper notification of claimed copyright infringement, our
response to such notices will include removing or disabling
access to material claimed to be the subject of infringing
activity and/or terminating subscribers, regardless of whether we
may be liable for such infringement under United States law or
the laws of another jurisdiction. If we remove or disable access
in response to such a notice, we will make a good-faith attempt
to contact the owner or administrator of the affected site or
content so that they may make a counter notification pursuant to
Sections 512(g)(2) and (3) of the DMCA. We may also document
notices of alleged infringement on which we act.
Infringement Notification. Upon receipt of proper notification of
claimed infringement, we will follow the procedures outlined
herein and in the DMCA.
To file a notice of infringement
with us, you must provide a written communication (by fax and
regular mail) that sets forth the information specified in the
list below. Email communication will not be permitted. Please
note that you will be liable for damages (including costs and
attorney's fees) if you materially misrepresent that material is
infringing your copyright(s). Accordingly, if you are not sure if
you are the proper copyright holder or if copyright laws protect
the material of yours, you may want to consult a lawyer.
To expedite our ability to process your request, please use the
following format:
Identify with sufficient detail the
copyrighted work that you believe has to been infringed provide a
photograph if possible;Identification of the material that is
claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to
locate the material;Information reasonably sufficient to permit
us to contact the complaining party, such as an address,
telephone number, and, if available, an email address at which
the complaining party may be contacted;The following statement:
"I have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner,
its agent, or the law";The following statement: "I
swear, under penalty of perjury, that the information in the
notification is accurate, and that I am the copyright owner or am
authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed";and Sign the document.
Send the written communication to:SoOPAK
Unit B 3640 McNicoll Ave Scarborough, ON M1X 1G5 Canada
Counter Notification. The
provider of the allegedly infringing content an may make a
counter notification pursuant to sections 512(g)(2) and (3) of
the DMCA.
To file a counter notification with us, you
must provide a written communication (by fax or regular mail)
that sets forth the information specified in the list below.
Email communication will not be permitted. Please note that you
will be liable for damages (including costs and attorney's fees)
if you materially misrepresent that material is infringing your
copyright(s). Accordingly, if you are not sure if you are the
proper copyright holder or if copyright laws protect the material
of yours, you may want to consult a lawyer. Please note that you
will be liable for damages (including costs and attorneys' fees)
if you materially misrepresent that a product or activity is not
infringing the copyrights of others. Accordingly, if you are not
sure whether certain material infringes the copyrights of others,
we suggest that you first contact an attorney.
To
expedite our ability to process your request, please use the
following:
Identification of the material that has been
removed or to which access has been disabled and the location at
which the material appeared before it was removed or access to it
was disabled, provide a photograph if possible;
Your
name, address, and telephone number;
The following
statement: "I consent to the jurisdiction of Federal
District Court for the [insert the federal judicial district in
which your address is located]";
The following
statement: "I will accept service of process from [insert
the name of the person who submitted the infringement
notification] or his/her agent";
The following
statement: "I swear, under penalty of perjury, that I have a
good faith belief that the affected material was removed or
disabled as a result of a mistake or misidentification of the
material to be removed or disabled"; and Sign the
document.
Send the written communication to: SoOPAK
2280 Drew Rd., Mississauga, ON L5S 1B8
Upon receipt of
such counter notification, we will promptly provide the person
who provided the original infringement notification with a copy
of the counter notification, and inform that person that we will
replace the removed material or cease disabling access to it in
10 business days. we will replace the removed material and cease
disabling access to it not less than 10, nor more than 14,
business days following receipt of the counter notice, unless we
first receives notice from the person who submitted the original
infringement notification that such person has filed an action
seeking a court order to restrain the subscriber from engaging in
infringing activity relating to the material on our system or
network.
Repeat Infringers. In accordance with Section
512(i)(1)(a) of the DMCA, SoOPAK will, in appropriate
circumstances, disable and/or terminate the accounts of users who
are repeat infringers.
Trademarks. "SoOPAK,"
"soopak.com," and their respective designs and/or
logos, are either trademarks or registered trademarks of SoOPAK
and may not be copied, imitated or used, in whole or in part,
without the prior written permission of SoOPAK. In addition, all
page headers, custom graphics, button icons, and scripts are
trademarks and/or trade dress of SoOPAK, and may not be copied,
imitated, or used, in whole or in part, without the prior written
permission of SoOPAK. All other trademarks, registered
trademarks, product names and company names or logos mentioned on
the Website are the property of their respective owners.
Restrictions on Use. Except as expressly stated in the Site
Terms, none of the materials and Intellectual Property described
herein may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by
any means, including, but not limited to, electronic, mechanical,
photocopying, recording or otherwise, without the prior written
permission of SoOPAK, or the respective intellectual property
owner. Any use of Site Content -- including any commercial use,
reproduction for purposes other than as permitted under these
Site Terms, modification, distribution, republication, display,
or performance -- without the prior written permission of SoOPAK
is strictly prohibited.
Software. Any software,
including any files, images incorporated in or generated by the
software, and data accompanying the software (collectively
"Software"), that may be made available on or through
this Website is licensed to you by SoOPAK on a non-exclusive and
limited basis solely for the purpose of creating and ordering
print products or services from SoOPAK. SoOPAK does and shall
retain full and complete title and all intellectual property
rights to such Software. You shall not copy, distribute, sell,
modify, decompile, reverse engineer, disassemble or create
derivative works from any such Software.
DISCLAIMER OF WARRANTY / LIMITATION OF LIABILITY
This Website And The Information, Site Content, Services,
Products And Materials Contained In or offered Through This
Website, Are Provided On An "As Is" Basis Without
Warranties of Any Kind, Either Express or Implied. To The Maximum
Extent Permitted By Law, SoOPAK Disclaims All Warranties, Express
or Implied, Including, But Not Limited To, Implied Warranties of
Merchantability, Fitness For A Particular Purpose, Title,
Non-Infringement, Freedom From Computer Viruses, And Implied
Warranties Arising From Course of Dealing or Course of
Performance, With Respect To This Website And The Information,
Site Content, Services, Products And Materials Contained In or
offered Through This Website. SoOPAK Does Not Represent or
Warrant That The Information, Site Content, Services, Products
And Materials Contained In or offered Through This Website Are
Accurate, Complete, Reliable, Current, or Error-Free, That The
Services And Products offered Will Meet The User's Requirements,
or That The Services And Products Will Be Provided In A Timely,
Uninterrupted or Secure Manner. SoOPAK Is Not Responsible For
Typographical Errors or Omissions Relating To Pricing, Text or
Photography. SoOPAK Does Not Represent or Warrant That This
Website or Its Server(S) Are Free of Viruses, Trojans, Malware,
or Other Harmful or Malicious Components, Even If SoOPAK or It's
Authorized Representatives Have Been Advised of Such Possibility.
You Expressly Agree That Use of This Site, Including All Content,
Data or Software Distributed By, Downloaded or Accessed From or
Through This Site Is At Your Sole Risk.
In No Event
Shall SoOPAK, or Its Shareholders, Directors, officers,
Employees, Agents, Affiliates or Subsidiaries, Be Liable (Jointly
or Severally) To Any Person or Entity For Any Special,
Incidental, Indirect, Consequential, Punitive or Other Indirect
Damages of Any Kind or Nature ,Under Any Legal Theory, Including
Damages Resulting From Loss of Use, Loss of Profits And/or Loss
of Data, Whether In An Action In Contract, Tort (Including But
Not Limited To Negligence), or Otherwise, And Whether or Not
SoOPAK Has Been Advised of Possibility of Such Damages, Arising
Out of or In Connection With: (1) The Use or Performance of This
Website; (2) Errors or Faults In The Information, Site Content,
Services, Products or Materials Contained In or offered Through
This Website; (3) The Use of Information, Site Content, Services,
Products or Materials Provided Through This Website; (4) The
Inability To Use This Website, Any Part of This Website, or Any
Function offered By The Website; (5) A Failure To Provide
Products or Services ordered From SoOPAK (or Any Affiliate
Thereof) For Any Reason Including Any Lost, Corrupted or Damaged
Customer Data, Non-Delivery, Mis-Delivery, Late Delivery, or Lost
or Damaged Shipments; (6) Mistake, Omission, Delay, or
Interruption of Service; And/or (7) Contamination By Virus,
Trojan, or Malware of Any Kind.
Some Jurisdictions Do
Not Allow Limitations On Implied Warranties, or The Exclusion or
Limitation of Incidental or Consequential Damages. If These Laws
Apply, Some or All of The Above Disclaimers, Exclusions, or
Limitations, May Not Apply To You, And You May Have Rights
Additional To Those Contained Herein.
SoOPAK, Together
With Its Shareholders, Directors, officers, Employees, Agents,
Affiliates or Subsidiaries, Shall Not Be Responsible For Any
Direct Damages, And Shall Not Provide Any Credit, Refund or
Adjustment of Any Kind or Nature That Is In Excess of The Amount
Actually Paid To SoOPAK (After Accounting For And Deducting, As
Applicable, Special offers, Discounts, Rewards Points, Etc.) For
The Printed Product (And Shipping Costs If Applicable) At Issue.
Under No Circumstances Will SoOPAK Be Liable To You In Any Way
For Any Site Content You May Be Exposed To That You May Find
offensive, Indecent or Objectionable.
GOVERNING LAW
The Site Terms and your use of this Website shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada, without resort or giving effect to conflict of law provisions. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these Site Terms and/or your use of this Website shall be filed and adjudicated only in the courts of the Province of Ontario located in Toronto, Ontario and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of or under these Site Terms and or your use of this Website.
INDEMNIFICATION
You agree that you shall indemnify and defend and hold SoOPAK and its officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives, harmless from and against any and all claims, damages, losses, costs, and expenses (including but not limited to attorneys' fees) that, directly or indirectly, arise out of or are related to: (i) your breach of any provision of the Site Terms; (ii) any suit, claim, or demand arising from or relating to an allegation that any Customer Content provided by You, or any other text, photograph, image, graphic or other material you incorporated into products or services ordered from this SoOPAK, that was not part of the standard Site Contents, infringes up the rights of a third party (iii) and/or (c) any of your activities conducted in connection with this Website, your use thereof, and/or the products and services ordered through this Website.
SECURITY AND PRIVACY
To order products from SoOPAK it will be necessary for you to provide certain personal data or other information to this Website via the Internet and we are committed to taking all reasonable steps to safeguard your personal data or other information. We use secure servers and encryption software and various other precautions, but no system is infallible. Such information could potentially be subject to interception or alteration by third parties and it is not possible for SoOPAK to guarantee absolute confidentiality or security. The information SoOPAK collects and how it that information is the subject to SoOPAK's Privacy Statement.
TERMINATION
SoOPAK may suspend or terminate your account and or your right to
utilize the 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 Site Terms.
Notwithstanding any of these Site Terms that may suggest
otherwise, SoOPAK 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 this website is terminated, these Site Terms shall still
apply.
CONTENT CONSENT
By providing us your personal or business information to use our services provided, you are agreeing to SoOPAK collecting, storing and using that information. You are consenting to our disclosing you are a SoOPAK customer and agree to the use of products that SoOPAK manufactures to be photographed and used on SoOPAK's website and marketing channels for marketing purposes.
If you choose to withdraw your consent of SoOPAK's use of or disclosure of your information and imagery, please email sales@soopak.com to resolve any issues.