This Agreement is between Egrafa, Inc. d/b/a Printme1.com ("Egrafa") and Customer. Printme1.com is an automatic printing service. Please do not attempt to print pdf files that you do not have the authority to lawfully print as either the owner or end-user.
1. Egrafa provides quality printing services. Egrafa agrees to deliver printed material to Customer that has been uploaded by the Customer as long as Customer has consented to this Agreement, Customer abides by the terms and conditions of this Agreement and the web site, and the material is not objectionable in the sole discretion of Egrafa. Customer shall not upload material that Customer is not authorized to copy. Further Customer shall not upload material that Customer is not authorized to grant permission for Egrafa to print. Customer agrees to pay for the service according to the terms stated on this web site.
2. By clicking to agree to this Agreement and/or by requesting that material be printed by Egrafa, Customer represents that Customer is authorized to copy the material that Customer has downloaded and that Customer is authorized to grant to Egrafa the right to print the material. Customer hereby grants Egrafa the right to print the material that Customer has uploaded.
3. Customer agrees to abide by all terms and conditions in this Agreement or stated on this web site.
4. Warranty. EGRAFA MAKES NO WARRANTY, EXPRESS, IMPLIED, OR STATUTORY OF ANY KIND OR NATURE WHATSOEVER INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WHICH ARE EXPRESSLY DISCLAIMED. CUSTOMER ACKNOWLEDGES THAT EGRAFA HAS NOT REPRESENTED OR WARRANTED THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE, BUG FREE OR WITHOUT DELAY. CUSTOMER MAY HAVE OTHER LEGAL RIGHTS, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
5. Limitation of Liability. In no event shall Egrafa's liability for damages exceed the amount of money paid by Customer to Egrafa under this Agreement. EGRAFA SHALL NOT BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT, OR OTHER THEORY TO THE CUSTOMER OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE OR PROFITS ARISING OUT OF EGRAFA'S PERFORMANCE OR NONPERFORMANCE OF THIS AGREEMENT, EVEN IF EGRAFA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER MAY HAVE OTHER LEGAL RIGHTS BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY.
6. Indemnity. Customer will defend and indemnify Egrafa and hold Egrafa harmless from and against any and all claims, actions, proceedings, judgments, losses, liabilities, costs and expenses (including attorney fees and expenses) arising out of or relating to Customer's request for the services provided by Egrafa.
7. The failure of Egrafa to insist in any one or more instances upon the performance of any term, obligation or condition of this Agreement by Customer shall not be construed as waiving such term, obligation, condition or any other term, obligation, or condition.
8. This Agreement is governed by the laws of the Commonwealth of Pennsylvania without regard to any conflicts of laws provisions thereof. The United Nations Convention on the International Sale of Goods shall not apply.
9. Any legal claim Customer may present against Egrafa shall be presented only in a state or federal court for Altoona, Pennsylvania and Customer consents to the jurisdiction of such courts.
10. Paragraphs 2, 4, 5, 6, 7, 8, 9, 10 and 11 survive the termination of this Agreement.
11. This Agreement and the terms on the web site constitute the entire agreement between Customer and Egrafa and this Agreement may only be modified in a written document that is signed by the duly authorized representatives of both Customer and Egrafa.