Labelmaster Terms and Conditions
All access to and use of Sites and their features and the purchase of all products and services sold by Labelmaster are subject to these terms (the "Terms"). By accessing the Sites in any way, including, without limitation, browsing the Sites, using any information, and/or submitting information to Labelmaster, or purchasing Labelmaster products and services, Users agree to and are bound by the terms, conditions, policies and notices contained herein including, but not limited to, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Illinois law. NO SALESPERSON OR ANY OTHER PERSON HAS AUTHORITY TO ALTER OR VARY ANY OF THESE TERMS WITHOUT DIRECT WRITTEN APPROVAL SIGNED BY AN AUTHORIZED OFFICER OF LABELMASTER.
From time to time Labelmaster may update the Sites and these Terms. Updates shall be effective on the date the change is posted on the Sites. Continued use of the Sites after we post any changes to these Terms constitutes agreement to those changes. Users agree to review these Terms periodically to ensure that they are familiar with the most recent version.
- "Buyer": User who purchases products and services sold by Labelmaster.
- "Labelmaster" or "we": Labelmaster and its parents, subsidiaries, division, affiliates, and brands.
- "Labelmaster Content": content on the Sites that is provided by Labelmaster or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing.
- "Site(s)": the website, mobile website, and applications on which these Terms are posted. In Section IV of these Terms, "Sites" includes email and social media sites.
- "User": any Site visitor or anyone who accesses the Sites in any way, including, without limitation, to browse the Sites, use any information, and/or submit information to Labelmaster.
- "User Content": reviews, discussion posts, digital images, audio files, and other forms of media submitted by Users.
- "User Ideas": User Content that includes concepts, ideas, materials, proposals, suggestions and the like relating to Labelmaster or to Labelmaster's initiatives.
II. TERMS OF ACCESS
The Sites are owned and controlled by Labelmaster. Labelmaster may, in its sole discretion, and at any time, discontinue the Sites or any part thereof, with or without notice, or may prevent use of the Sites with or without notice. Users agree that they do not have any rights in the Sites and that Labelmaster will have no liability to them if the Sites are discontinued or their ability to access them or any content they may have posted thereon is terminated.
By accessing or linking to the Sites, Users assume the risk that the information on the Sites may be incomplete, inaccurate, out of date or may not meet their needs and requirements. We may add, change, discontinue, remove or suspend any of the information, features and other content included on the Sites at any time, without notice and without liability. Due to the open nature of the Sites and the potential for errors in the storage and transmission of digital information, Labelmaster does not warrant the accuracy of information obtained from the Sites.
A. Access and Use of the Sites.
Access to the Sites is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any Labelmaster computer system or other information contained on the system for any purposes is strictly prohibited.
B. Labelmaster Content.
Labelmaster Content is the property of Labelmaster and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
Users agree not to download, display or use any Labelmaster Content located on the Sites for use in any publications, in public performances, on websites other than the Sites for any unpermitted commercial purpose, in connection with products or services that are not those of Labelmaster, in any other manner that is likely to cause confusion, that disparages or discredits Labelmaster and/or its licensors, that dilutes the strength of Labelmaster's or its licensor's intellectual property, or that otherwise infringes Labelmaster's or its licensors' intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies) . Users further agree to in no other way misuse any Labelmaster Content or User Content that appears on the Sites.
C. Use of the Sites and Posting Policy.
The following requirements apply to Users' use of the Sites: (a) Users will not use any electronic communication feature of the Sites for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) Users will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) Users will not collect or store personal data about other Users; (d) Users will not use the Sites for any commercial transactions that are unrelated to the purposes for which the Sites were provided; (e) Users will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) Users will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; and (g) Users shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Labelmaster without the prior review and written approval of Labelmaster.
By submitting User Content, Users agree that (a) they will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Labelmaster; (b) they will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that they are under a contractual obligation to keep private or confidential; (c) they will not impersonate any person or organization, including without limitation, the personnel of Labelmaster, or misrepresent an affiliation with another person or organization; and (d) they will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or features of the Sites. Users further understand and agree that they have no ownership rights in any account they may have with us, or other access to the Sites or features therein. Labelmaster may cancel Users' accounts and delete all User Content associated with their accounts at any time, and without notice, if Labelmaster deems that they have violated these Terms, the law, or for any other reason. Labelmaster assumes no liability for any information removed from the Sites, and reserves the right to permanently restrict access to the Sites or to a User account.
By displaying, publishing, or otherwise posting any User Content on or through the Sites, Users hereby grant to Labelmaster a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to Users or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other Users, for use on other media or platforms known or hereinafter developed. Users continue to retain all ownership rights in their User Content, and they continue to have the right to use their User Content in any way they choose, subject to these Terms and the license described herein. Users represent and warrant that they own the content submitted, displayed, published or posted by them on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any User Content, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, Users acknowledge that their User Content may contain User Ideas. With respect to User Ideas, Users acknowledge that: (a) Labelmaster receives numerous submissions from many parties and/or may have independently developed and/or considered similar User Ideas, and that Labelmaster's review of the User Ideas is not an admission of novelty, priority or originality; and (b) Labelmaster's use of any similar User Ideas, whether based on their User Content, provided to Labelmaster by third parties, or independently developed or considered by Labelmaster, shall be without obligation to them.
D. Hypertext Links.
The Sites may be linked to other sites which are not maintained by Labelmaster. Labelmaster is not responsible for the content of or privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Labelmaster of the linked sites. Labelmaster disclaims any liability for links: (i) from another site to the Sites and (ii) to another site from the Sites.
E. Patents and Registered Marks.
One or more patents and/or pending patent applications owned by Labelmaster apply to the Sites and to the features and services accessible via the Sites. United States Registration Marks: 3,280,301; 3,940,221; 1,670,037; 1,824,366; 1,658,798; 2,409,813; 2.497,422; 2,299,148; 1,658,005, 2,105,026; 1,654,723; 1,669,130; 2,850,319
Labelmaster values its Users' participation, interests and needs and takes great pride in its relationship with its Users. In order to provide our products as well as information regarding those products, Labelmaster will occasionally ask Users to provide us information about themselves and/or their business. These Terms apply to the content we collect from the Sites, not to information we might collect on other sites or in other forums, including by email or offline.
A. Information We Collect.
Our web servers collect general data pertaining to each User, including but not limited to, the IP address, tracking codes, the domain name, the web page, the length of time spent and the pages accessed while visiting the Site. We also collect personally identifiable and transactional information provided by companies and Site visitors that purchase products from our Site. This information includes contact information, shipping information, credit cardholder name, and card number/expiration date. We may also retain the content of the communications that are sent to our customer service representatives.
We collect information directly from Users when they register on the Site, participate in a survey, or fill out a form requesting information from us. We (or vendors acting on our behalf) use common collection techniques like cookies, and web beacons. Finally, we obtain information about Users from third parties with whom we work, such as our suppliers, resellers, and other business partners.
B. Use of Information Collected.
We use the information that is collected from Users, or otherwise in connection with the Sites, as is disclosed at the time information is collected, as is otherwise disclosed to them, and as follows:
- To respond to Users' requests or inquiries and to fill their orders;
- To understand the use of the Sites, improve the content of the Sites, customize the shopping experience for Users, and otherwise improve our products, services, the Site and the Users' online experience, including through using the collection practices described herein;
- To notify Users of changes to the Sites, new products and services, and for any other legitimate and lawful business purpose, including to notify Users of changes to these Terms or other terms that may impact their use of the Sites;
- To protect the security or integrity of the Sites, Labelmaster, our Users; and
- To determine our Users' browser, recognize new visitors or existing Users, and better understand our Users (including by using tracking tools).
C. Information Sharing.
We may share Users' information (i) among our various subsidiaries, divisions, affiliates, parent organizations, and brands; (ii) with third parties, financial institutions, and others who perform services on our behalf; (iii) with any successor to Labelmaster interest, or otherwise in connection with a merger, sale, or transfer of all or part of our business operations; (iv) in response to subpoenas, investigative requests (with or without subpoena) and other legal processes; (v) to exercise our legal rights and defend against legal claims; and (vi) for other reasons as may be described to Users, such as working with a marketing partner to provide them with a program or service.
D. Users' Choices.
Recipients of our e-mail marketing messages can unsubscribe from receiving promotional e-mail by using the unsubscribe instructions located at the bottom of the message, or by sending a request with "unsubscribe" in the subject line to email@example.com. Because mailing lists are prepared in advance of each promotion, Users may be sent a couple of promotions before the change becomes effective. Users have certain choices about the ads they see and our tracking activities generally. To learn more about these choices, see Section III below.
Our Sites use industry-standard encryption technology to provide for the security of Users' credit card numbers. In addition, we have put in place reasonable procedural and technical standards to protect the security of our Sites and information we maintain. However, we cannot guarantee that any electronic commerce is totally secure. We encourage Users to take affirmative steps to protect themselves online, including ensuring that any online account information they have remains secure.
Our Sites contain links to other sites that are not owned, maintained, operated, or endorsed by or for Labelmaster and not subject to these Terms. The inclusion of any link to such sites does not imply any recommendation or sponsorship of such sites. Users should read the other sites' privacy policies to understand how personal information collected about them is used and protected.
G. Non-U.S. Users.
Our Sites are operated in the United States. Users located outside of the United States should be aware that any information they provide to us will be transferred to the United States. By using the Sites and giving their information, Users consent to such transfer, and understand that the U.S. may not provide the same level of protections as the laws of their country.
IV. ADS & TRACKING ACTIVITIES
A. Tracking Technologies.
We use common tracking technologies on our Sites and our platforms such as email and social media sites. We collect personal information about Users over time and across different Sites when they use these Sites and we work with third parties that collect personal information this way. We, or third parties we work with, do this for many reasons, including to recognize new and past visitors to our site, to present more personalized content, to improve your online experience, as well as to better understand your interests as customers and visitors.
B. Gathering Information.
Our ads may be based on information Users submit on our Sites or sites run by third parties. It may also be based on other interactions Users have with us or our content such as interactions through emails Users get from us. We work with third parties who help gather this information. These third parties might link personal information such as Users' names or email addresses to other information they may have, including past purchases made offline or online and other online activities and behaviors.
The information we collect enables us to learn about what purchases Users made, what ads or content they see, what ads they click on, and other actions they take on our Sites including whether they have downloaded an app. This allows us to provide Users with more useful and relevant ads.
C. Opting Out.
The Self-Regulatory Program for Online Behavioral Advertising provides consumers with the ability to opt-out of having their online behavior used for interest-based advertising using third party cookies. To opt out of this online behavioral advertising, visit http://www.aboutads.info/choices/. This allows Users to opt out of many but not all of the interest-based advertising activities in which we or third parties engage. We also work with third parties who use a different process for serving interest-based advertising to our Users. Some of these third parties have different opt-out mechanisms. For example, one of our partners uses "first party cookies" to help us serve ads in which our Users may be interested.
Other third-party sites provide Users with the ability to opt-out of receiving interest-based ads that Users may control through their settings on that site. For example, to opt out of Google's collection of Users' online behavior for advertising purposes, Users may visit Google's Ad Settings page. To opt out of Facebook's collection of their online behavior for advertising purposes in its mobile app newsfeed, Users may visit the "Ad Settings" tab in their Facebook profile. These choices are browser and device specific. Users who delete their cookies or use a different browser or a different computer or device will need to update their opt-out choices.
D. Controlling Tracking Technologies.
Some browsers have a "Do Not Track" feature that lets Users tell websites that they do not want to have their online activities tracked. These features are not yet uniform. We are not currently set up to respond to those signals.
NOTE: Configuring a computer or device to block cookies may prevent certain features or functions of our Sites from working. Blocking or deleting cookies will not stop all of the tracking described herein.
V. TERMS AND CONDITIONS OF SALE
Any purchase of Labelmaster products or services shall be governed by this Section V. Conflicting or additional terms contained in any purchase order, acknowledgment form or other written document submitted by Buyer shall not be valid and binding unless approved in writing by Labelmaster and Buyer. Specifications, prices and delivery are subject to change without notice.
A. Prices and Taxes.
Labelmaster reserves the right to change the prices of its stock products at any time without notice. All prices are F.O.B. Origin unless otherwise specifically agreed to in writing by Labelmaster. Intermediate quantities from those shown in the catalog or on our web site are available and appear in Labelmaster's computer. Prices will be adjusted based on non-standard order quantities.
Prices shown do not include any federal, state or local taxes or customs duties which Labelmaster may be authorized or required to collect from Buyer. All applicable taxes shall be added to prices shown and Buyer agrees to be solely liable therefor and pay the same. If the amount of said taxes is not included in the invoice for the applicable goods, such amount may be invoiced separately at a later time. Tax exemption certificates as required by federal, state or local laws or regulations, must accompany all orders to which they apply or be on file with Labelmaster, and Labelmaster has the right to rely thereon, without any obligation to undertake independent investigation. Sales tax will be added on orders shipped to these states: AL, AR, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MI, MN, MS, MO, NC, ND, NE, NJ, NM, NV, NY, OK, PA, RI, SC, TN, TX, UT, VA, WA, WI, WV, and WY. Application of sales taxes may change without notice. Sales tax liability in excess of the sales tax collected from the Buyer is the Buyer's responsibility.
Additional state tax information:
- AL - Seller has collected the simplified sellers use tax on this transaction(s) delivered into Alabama and the tax will be remitted on the customer’s behalf to the Alabama Department of Revenue. Seller’s program account number is SSU-R010088778.
With respect to international orders, Buyer is the importer of record and must comply with all laws and regulations of the destination country. If international shipments are subject to import taxes, custom duties and fees imposed by the destination country, Buyer is responsible for payment of all taxes and fees associated with the delivery of such international shipment. Any fees levied by customs clearance authorities are the responsibility of Buyer and/or the recipient. Buyer should contact the destination country's customs office for more information.
B. Payment and Credit Terms.
Labelmaster's payment terms are net 30 days after shipment by Labelmaster. In consideration for the extension of credit, Buyer agrees to pay for all purchases within Labelmaster's terms. There will be a 1.5% late fee per month on all past due balances over 30 days. In the event any third parties are employed to collect any outstanding monies owed to Labelmaster, Buyer shall be responsible for all collection costs, including attorney fees, whether or not litigation has commenced, and all cost of litigation incurred. Orders under $50 are to be paid by credit card only.
C. Delivery and Shipment.
All shipments are F.O.B. Origin. Freight charges will be added to Buyer's invoice and will include an insurance fee. Labelmaster charges a shipping and handling fee (which includes internal handling and related costs) on each order, which is applied at the time of order and reflected on Buyer's invoice. COD shipments are not permitted. Other terms and conditions may apply for other than standard ground delivery, including without limitation, expedited same day delivery, air freight, freight collect, export orders, hazardous materials, Buyer's carrier, shipments outside the contiguous U.S. or other special handling by the carrier. Fuel surcharges may be applied. Title and risk of loss pass to Buyer upon tender of shipment to the carrier. If the product is damaged in transit, Buyer's only recourse is to file a claim with the carrier.
Dates of delivery are estimated to the best of Labelmaster's ability and are made in good faith, but are not guaranteed. Labelmaster shall not be responsible for any failure to deliver goods on or before the dates specified. Length of time specified for delivery commences after receipt of completed order information, credit approval and shipping release.
D. Variation of Terms of Sale.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THERE SHALL BE NO VARIATION FROM OR ALTERATION TO ANY OF THESE TERMS UNDER ANY CIRCUMSTANCES ON ORDERS OF LESS THAN $1,000.00.
E. Custom Orders.
Custom orders are not subject to cancellation unless payment is made for artwork, plates and other such preparation expenses which may have been incurred. Proofs will not be submitted for orders unless specifically made a part of Buyer's purchase order. Due to the requirements of proofing and inspection on customized materials, acceptance of a 10% overrun or underrun is understood. Rights to all artwork for custom products is owned and managed by Labelmaster. Labelmaster has the right to patent and trademark product designs unless designs are purchased by the Buyer.
Promotional offers not available to any military or government Buyers. Offers are only valid in the continental United States. Buyer must enter promotion on the website or provide key code to redeem offer. Order must meet qualifying amount prior to any tax and/or shipping charges. Limit one per Buyer.
Returns must be made within 60 days (not including software) of shipping date and are subject to 15% restocking charge at our option. Custom products may not be returned without prior written approval from Labelmaster. Transportation charges for all goods returned shall be the responsibility of the Buyer unless expressly agreed to the contrary in writing by Labelmaster. For software products, returns must be made within 30 days of the initial software subscription and at least 30 days prior to the subscription renewal date for each subsequent renewal order. Software orders are also subject to a 15% restocking charge. For the purpose of these Terms, goods shall be deemed defective only in the event Buyer has performed and completed an independent inspection made in strict compliance with Military Specification 105D and delivered the report of inspection to Labelmaster within five days after the delivery of any shipment.
H. Software Products.
Software subscription products, they are managed through an auto-renewal program. Any Buyer wishing to opt out of the auto-renewal program may do so in writing for an additional handling fee of $20. Via the auto-renewal program, software subscriptions renew on the subscription termination date and the Buyer will receive an invoice or the Buyer's credit card on file will be charged.
I. Cross Reference Information.
Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.
Labelmaster may suspend delivery hereunder whenever any event makes impracticable the manufacture, transportation, acceptance or use of a shipment of the goods or of any material upon which the manufacture of the goods is dependent. Labelmaster shall not be liable for any failure of or delay in performance of orders or contracts directly or indirectly occasioned by causes beyond Labelmaster's control, including but not limited to, strike or other labor problems, fire, flood, accident, riot, war, embargo, epidemic, unusually severe weather conditions, shortage of or change in price of labor, material, fuel or power, or acts of God or the public enemy.
K. Responsibility for Compliance.
With regard to Labelmaster's offering of containers, caps, composites and other packaging, accessories and shipping materials, Labelmaster does not have all the information concerning the products for which said packaging will be used. Additionally, Labelmaster has no knowledge of the packaging, shipping and handling methods and procedures used by the Buyer, nor does Labelmaster have any control of the use of Labelmaster's products for sale. Accordingly, Labelmaster assumes no responsibility for compliance with any of the packaging or other specifications and requirements set forth in the Hazardous Materials Transportation Act, 49 U.S.C. § 5101 et. seq., or any amendments thereto or regulations issued thereunder or as may be required by any federal, state or local statutory or common law. Responsibility for such compliance is assumed entirely by the Buyer. Buyer assumes the responsibility for undertaking (including cost) all testing necessary to determine fitness for each contemplated use.
L. For Industrial Use Only.
All products (including packaging materials) sold by Labelmaster are sold for industrial use only and not for consumer use. Buyer hereby agrees that none of Labelmaster's products will be employed for consumer use and further agrees that Buyer will defend, hold harmless and indemnify Labelmaster and its suppliers from any and all liabilities, losses, claims, actions, suits, proceedings, costs, fees and expenses (including but not limited to any of the foregoing which Labelmaster and its suppliers may suffer or incur on account of personal injury, including death and/or property damage) arising from, out of, or in connection with the use of any of such products for consumer purposes.