Terms and Conditions of Use and Legal Disclaimer of Website

PLEASE READ THESE TERMS AND CONDITIONS OF USE AND LEGAL DISLAIMER ("Terms &Conditions") CAREFULLY BEFORE USING THIS SITE.

ThePaperWorker and ThePaperWorker.com (collectively, the "Site") is owned and operated by The Colad Group, LLC ("Colad", "we" or "our").  By using the Site, you unconditionally agree to these Terms & Conditions and acknowledge that these Terms & Conditions constitute a binding agreement with you and Colad under New York Law. If you do not agree to these Terms & Conditions, you may not access the site. Colad cannot guarantee the security of information transmitted through the internet. Consequently, you transmit all such information at your own risk.  We reserve the right to modify this Disclaimer at any time, for any reason.  Therefore, you should periodically check for changes to the Terms & Conditions, but you agree to accept those changes, whether or not you have reviewed them.  These Terms & Conditions applies only to the Site and not to any of the sites which the Site hyperlinks to.

Satisfaction Guarantee

*Within 10 days of the Site shipping your order, if you aren't satisfied with the quality of the product that you receive, please notify us at Quality@ThePaperWorker.com.  We will consider your concerns and if appropriate, propose corrections to your order.

Layout Disclaimer

* You are solely responsible for the layouts of your orders placed on the Site. Please verify all layouts and order information carefully prior to submitting your approval for your order.

*Please see Accuracy of Orders for more details regarding layout and color accuracy.

1.   Accuracy of Orders:

Layout:
You are solely responsible for the accuracy of your layouts. Please proofread all layouts carefully. Colad reserves the right to refuse to print any material that Colad determines, in its sole discretion, is immoral, illegal or inappropriate for any reason. If your material is deemed unacceptable, you will be notified promptly and permitted to change the content or layout to fit our requirements.  Colad reserves the right to request layouts be in a form as outlined on the Site that shall include, but not be limited to, requirements related to resolution, bleed, margins, loading and back up, formatting, and color modes. Bleed is required in the manufacturing process due to normal manufacturing variation & movement, and it is the User's responsibility to ensure that submitted artwork contains sufficient bleed.

Color:
Colad will reproduce the color from the digital files you submit as accurately as possible, but cannot exactly match color and density (as viewed in person with actual specimens) because of limitations in the printing process, and limitations in image toner. Colad accepts no responsibility whatsoever for color variations between submitted images and the actual artwork or product they represent. All colors contained within any RGB digital file will be converted to Colad 's CMYK color space. This may cause the RGB colors to visually change due to color space differences. You should also note that your computer monitor's calibration affects the colors displayed on your monitor's screen. The colors on the printed product may differ for any one or more of these reasons from what you see during the online final approval process. The online proof only presents the design layout, text accuracy, image proportion and placement, but not color or density or registration variation / movement which will occur as further defined below. When solid flood of color are present in your graphics, please add the minimal amount of noise ('film grain texture') to the solid color to assist in keeping the solid color smooth and consistent when printing digitally. If your project is color critical, we suggest you purchase a hard copy proof to evaluate color standards before committing to some larger quantity purchase. 

Graphics Registration, Variation & Movement:
Printing, laminating, mounting, wrapping, linining diecutting, folding, glueing, riveting, and all other types of printing & post-press finishing are not exact manufacturing processes. It is possible to design product with critical graphics registration and crossovers that cannot be achieved in manufacturing. While variation depends on the product and machinery required to manufacture it, the user should expect up to 1/8" (0.125") variation in registration of printed graphics in the final product. Colad does not review your artwork to check for this; it is the user's responsibility to understand that registration variation can occur in finished product and if the user designs graphics with critical crossovers that cannot be achieved in manufacturing, Colad does not warn the user or stop your project at the manufacturing stage.  

3-D Viewing:
This site offers users the ability to view dimensional products in 3D. 3D viewing helps users to understand how their product will appear more efficiently than a flat 2D image. 3D model viewing is not exact but rather a dimensional representation of a finished product. Graphics registration, crossovers and positioning are represented in the 3D model but user should not assume their final product will be match 3D view exactly. As described above, registration, variation & movement occur in manufacturing processes that affect the final product. User should not design critical graphics registration with folds, breaks or crossovers because even though user can design it that does not mean that manufacturing can attain it. If you are uncertain of your graphics please contact us.

Eco-Certification:
Colad is Chain-of-Custody certified by two independent certification agencies: the Forestry Stewardship Council ("FSC"), and the Sustainable Forestry Initiative ("SFI").  Many products sold by Colad through ThePaperWorker.com are either FSC certified, or SFI certified.  Some pre-templated artwork features a certification logo from one of these agencies which the user may not alter in any way.  If the user inserts graphics that cover or conceal the certification logo, user still accepts that their product may be either FSC or SFI certified.  FSC and SFI have their own requirements for presentation of their logos; if a user inserts graphics that partially but not fully conceal the certification logo or that are set too close to the certification logo, then Colad reserves the right to deem your artwork unacceptable, in which case you will be notified promptly and permitted to change the content or layout to fit our requirements. The user agrees that in no way does the presence of an FSC or SFI certification logo transfer to the user any rights to use the FSC or SFI logos on any other products; for user to advertise or make claims that user, user's business, or any other entity related to the user is FSC or SFI certified; or for user to use the FSC or SFI logos in any off-product promotions.  User agrees to abide by all terms and conditions imposed by FSC and SFI, respectively, regarding the use of their copyrighted and trademarked logos.  Colad may at any time and without notice end its certification with FSC and/or SFI.

2.   Payment for Orders:
The fees for Colad products and services, which include the cost of processing, printing, and shipping, are due and payable together with the submission of an order. Colad requires pre-payment of all orders. Colad is required to collect sales tax on orders shipped to New York, and other various other states based on state and federal laws.  You are responsible for paying any sales, use or other taxes for your order in your state of residence if such taxes are due if Colad did not collect such tax with respect to your order. Any amount due to Colad, which is not paid, may result in non-delivery of the order, and interest charges as allowed by law. Customers are responsible to reimburse Colad for all collection costs, legal fees and interest, arising out of or related to Customer's non-payment.

Refunds/Cancellations:
No refunds will be granted once we commence preparing your order.   Cancellation requests will only be granted if made before we commence preparing your order.  Any cancellations will be charged a processing fee of 4% of the total cancelled order amount charged.  We do not accept returns without a pre-approved return authorization and will not accept returns of non-defective binders.

3.   Production Time and Delivery:
Completion of your order within our estimated turnaround time is conditional on our receipt of your signed layout and final approval, which occurs when you activate the "submit" button. Please allow additional time for delivery.  The number of delivery days is dependent upon the delivery service you select. For federal and/or New York State observed holidays, add one (1) additional day to the turnaround time. Expected delivery date and turnaround times are not guaranteed. Your order may arrive late due to unanticipated delays in delivery service, natural disaster, the breakdown of equipment, bad weather, etc. You are responsible for all customs, duties or fees related to an international shipment. Colad is not liable for damage caused by service carrier. Carrier claims generally are limited to a small amount.  All correspondence regarding the order must include the order number (in the subject line of an email or on the outside of a package/envelope) to avoid any delays in production.

4.   Infringement Indemnification and Warranty, Limitation of Liability:
You agree to indemnify and hold Colad and its parent company, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys' fees made by any third party due to or arising out of any claim concerning the Site or alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use any image(s) or other material that you have uploaded to be reproduced on your binder or other printed material ordered through the Site and from Colad. You acknowledge and understand that copyrighted materials, per U.S. Copyright law do not have to bear a copyright notice in order to be protected by such laws. You also represent and warrant that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by Colad. You further represent and warrant that no copyright notice has been removed or altered in any manner from any images/graphics, text or other materials that you have uploaded for use on your product or any images/graphics, text or other materials that the Site makes accessible for your use on your product.  The Site may make available to Users licensed artwork from various sources, and such licensed artwork may or may not require the inclusion of a copyright notice including the name(s) of the artists and/or agent(s).  User accepts that inclusion of this copyright notice with any use of said licensed artwork is required and cannot be altered or concealed. 

The liability of Colad, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to Colad for its products and services. In no event will Colad be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. You agree that any claim or lawsuit relating to this Agreement must be filed in the courts of the State of New York sitting in Erie County within one (1) year from the date of the alleged breach by Colad. You hereby waive any statute of limitations to the contrary.

5.   Ownership & Limited Rights of Use:
By placing an order with Colad, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with Colad, and (ii) are authorizing Colad to print such order on your behalf.  Colad acknowledges that any images/graphics, text or other materials supplied to Colad by the customer will remain the sole property of the customer, and the copyright thereunder shall not be assigned or transferred in any manner to Colad. However, any additional materials created by Colad in the production of an order, (including, for exemplification, but not limitation, design layouts, color scans, fonts, high resolution digital files) are and shall remain the sole property of Colad. In addition, any images/graphics, text or other materials accessed or used by you on or from the Site for your product are and all rights and interests in such images/graphics, text or other materials will remain the sole property of the applicable content supplier and/or Colad and the copyright thereof shall remain the property of and the ownership thereof shall not be assigned or transferred in any manner to you, in whole or in part. You hereby represent and warrant that you will not alter any images/graphics, text or other materials supplied to you by the Site.  Additionally, you hereby represent and warrant that, except in connection with your product, you will not reproduce, duplicate, copy or otherwise use or exploit any images/graphics, text or other materials supplied to you by the Site in any manner. Digital files will NOT be sold or traded to any other party. Colad reserves the right to reprint and distribute your finished product as an example of a Colad product for any and all promotional purposes, while including all appropriate ownership marks on the promotional material. This promotional distribution may include, but is not limited to, Colad's collateral marketing materials, website, affiliates' websites, affiliate programs, catalogs of others, emails, and any other marketing in any medium that Colad  may employ as necessary. Customers can withdraw their order from being distributed as samples by sending a written request to Colad at the following email address: Info@ThePaperWorker.com.

6.   Nonexclusive Limited License:
We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms & Conditions. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Colad. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Colad without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Colad's name or trademarks without the express written consent of Colad. Any unauthorized use terminates the license granted herein by Colad. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Colad, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Colad logo or other proprietary graphic or trademark as part of the link without express written permission.

7.   Privacy:
Your use of the Site constitutes your consent to Colad's privacy policy posted on the Site, which is updated from time to time without prior notice to any users or customers.

8.   Unauthorized Uses:
Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (ii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any Colad employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that : (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not use the Site for chain letter, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.

9.   Usage and Monitoring:
Colad sells products for commercial use. If you are under 18, you may not access the Site. Colad reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. While Colad has no obligation to monitor the Site and is not responsible for the content of any information or files transmitted on the Site, Colad reserves the right to delete and take other appropriate action with respect to such messages, information or files with which Colad, in their sole discretion, deems objectionable or otherwise in violation of these Terms & Conditions, including denying access to the Site to anyone at anytime. Colad reserves the right to charge the customer for services rendered up to the point the job was cancelled.

If you do submit content, you represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any third party rights or applicable laws, and will not cause injury to any person or entity; and that you will indemnify Colad for all claims resulting from content you supply. Colad respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately via email at Legal@ThePaperWorker.com

10. Modifications and Interruption of Site Service:

We reserve the right to modify or discontinue Site services with or without notice to customers and shall not be liable to customers or third parties if Colad chooses to modify or cancel the Site services.  Colad does not represent or warrant that customers will receive continual or uninterrupted service and access to the Site and by customer's usage of the Site, the customer acknowledges and accepts our non-guarantee of the Site service.

11.  Web Linking:
Links may appear on the Site that link to other web sites. These links are provided as a courtesy to our visitors. Colad has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. Colad is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. Colad reserves the right to terminate any link at any time.

12. Trademark Ownership:
Colad and all other Colad brands, product names, and codes are trademarks of The Colad Group.  You agree that you acquire no rights thereto.

13. Copyright Ownership:
All content included on the Site, including but not limited to text, graphics, photographs, logos, and software, and copyrights therein is the property of Colad or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. Colad and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks, trade secrets or other intellectual property rights.

14. Risk of Loss:
All items purchased from Colad are shipped to you through a carrier. All risk of loss and title for such items pass to you upon our delivery to the carrier.

15. Disclaimer and Limitation of Damages:

(a) Colad is neither responsible nor liable for any viruses, moles, worms, Trojan horses or other malicious code or other contamination of your computer system, network or other device used to access the Site as a result of your use of the Site. The Site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided "as is," without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, Colad makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will Colad, its suppliers, or any other party involved in creating, producing or delivering the Site's content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site. The limitations herein may not apply in certain jurisdictions.

(b) You should not rely upon, and we disclaim responsibility for any advice, opinion, statement other information displayed or distributed through the Site.

(c)  Colad reserves the right, in its sole discretion and without notice, to deny access to the Site to anyone at any time. Neither Colad nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.

(d) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material accessed through or obtained by means of the Site.

(e) We do not guarantee confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We are not liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored or displayed on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.

16.  Applicable Laws:
Colad operates the Site from its offices in New York and makes no representations that   materials in the Site are appropriate or legal for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from locations outside of New York, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations.  Neither the display of the Site nor use of the Site alone subjects Colad to any specific jurisdiction. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of New York as applied to agreements made and to be performed entirely therein. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. The parties consent to venue and personal jurisdiction solely in and any action brought in connection with the Site or Site content shall be brought only in courts of the State of New York sitting in Erie County. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to Colad or any of its officers, employees, agents or representatives, such as where notice to Colad is required by contract, or any federal, state or local laws, rules or regulations.

17.    Severability:
If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that provisions shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions. Further, to the extent possible any court construing such condition may modify or reform the provisions to give maximum legal effect to the parties' intent.