Terms of Service

Terms of service

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. WHEN YOU ACCESS, BROWSE AND/OR USE THIS WEB-SITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS & CONDITIONS SET FORT HEREIN AND ALL APPLICABLE LAWS.

NOTE: DXP RESERVES THE RIGHT TO CHANGE, MODIFY, OR AMEND THESE TERMS AND CONDITIONS WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THIS SITE IS AND SHALL BE DEEMED TO BE YOUR AGREEMENT TO BE BOUND BY ANY SUCH MODIFICATIONS, ALTERATIONS, OR UPDATES.

RELATED POLICIES AND TERMS

There are certain additional policies, terms, and conditions that apply to the use of specific portions of this website, and to the purchase of products from DXP ("DXP"). These additional policies, terms, and conditions, including but not limited to the Privacy Policy, Copyright Policy, and Satisfaction Guarantee, are included as and shall be deemed to be part of these Terms and Conditions (collectively all such terms and conditions are referred to as the "Site Terms").

MODIFICATION OF SITE TERMS

DXP reserves the right to modify, change, and/or amend the Site Terms from time to time. The right to modify, change and/or amend the Site Terms is exclusive to and within the sole and exclusive discretion of DXP.

If the Site Terms are changed, modified and/or amended, DXP will post the new terms on this website and the "last updated" date relevant to the terms and conditions containing the change will be changed. Any changes, modifications and/or amendments will be effective upon the posting of the revised terms to this Website. By agreeing to these Site Terms you are also agreeing that the posting of any such changes constitutes notice to you of the changes, modifications and/or additions and you acknowledge that it is your responsibility to review these Site Terms (and each of the components thereof) each time you visit or use this Website.

ELECTRONIC COMMUNICATION

Your use of this Website constitutes your agreement and consent that 4over may communicate with you electronically for all purposes. This includes all legal and notice requirements. This electronic document, together with any other electronic documents, policies and guidelines incorporated herein, as well as any e-mail communication with you, will be deemed for all purposes to be a "writing" or "in writing," and shall comply with all statutory, contractual, and other legal requirements for a writing. All such electronic documents shall be legally enforceable as a signed writing as against the parties subject to the electronic documents. They shall be deemed an "original" when printed from electronic records that have been established and maintained in the ordinary course of business. Electronic documents that are established and maintained in the ordinary course of business shall be admissible in judicial, arbitration, mediation or administrative proceedings to the same extent as other records in written form that are similarly established and maintained in the ordinary course of business.

SITE USE

Registration

Registration is not necessary to utilize this site. In order to take advantage of the full functionality of this website, however, you may choose to register and establish a login account with DXP. When you register, you agree to provide accurate and current information about yourself (and your company, where appropriate) as requested during the registration process. You also agree to update and maintain your account information so that it remains accurate and current.

As part of the registration process, you will be required to create a User ID and choose a password. 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 your password by logging in to your account and following the instructions for changing your password. You agree that you will immediately notify DXP in the event you become aware of any unauthorized use of your user ID and password.

Production Turnaround Time

DXP'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. If your order consists of multiple products, DXP will wait until all products are completed before shipping the order. If you would like items to ship as they are ready, please place a separate order for each item. Once your order is placed, your turnaround time cannot be changed and billing charges will not be reversed.

Over/Under Runs

While DXP strives to ship the exact quantity as ordered, we reserve the right to ship within 3% over or under the requested quantity. If your order requires a specific minimum quantity, we recommend that you order 3% over the minimum quantity.

Order Proofing

DXP will not proof or otherwise review the content or layout of your order. Orders are printed in their "as submitted" form and the customer is wholly responsible for final proof and layout verification and approval prior to order submission. Once an order is placed, you agree that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. DXP has provided tools on this website to alert the customer of potential issues with uploaded files, fonts, images, etc. but does not accept any liability for errors such as misspelling, graphics, grammar, incompatible fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc.

Promotions and Special Offers

At times, DXP may offer promotions and special offers identified by a promotion code. Each promotion code may have different requirements and rewards. Each communication providing a promotion code will include the requirements that must be met in order to utilize the promotion code. Please be sure to review the promotion code requirements for all promotions. DXP reserves the right to discontinue a promotion or special offer at any time and with immediate effect.

Payment

DXP presently accepts the following credit cards: VISA, MasterCard, and American Express. By submitting credit card information to process an order, you represent and warrant that the credit card information is valid, current, and one that you are authorized to use. If changes are made to an order after an order is submitted, any changes in the originally charged cost will be applied to the credit card that was used for the original order or to an alternative credit card that you provide to DXP.

Order Cancellation

DXP strives to get all orders processed, produced, and shipped as soon as possible so that the customer receives their order quickly. Production on an order can begin as soon as a few minutes after an order is placed. For that reason, DXP is unable to process any order cancellations. Prior to placing your order, please ensure that you have reviewed and approve of all the details in your proof, that you have selected the correct quantity, and that you have chosen the appropriate shipping method. If you have any questions or concerns about your order, please call us at 518-438-7817. We would be happy to speak with you about your order.

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, DXP 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. DXP IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR IMAGES. DXP DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES, TROJANS, MALWARE, OR OTHER HARMFUL OR MALICIOUS COMPONENTS. 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 DXP, 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 DXP 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 DXP (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.

DXP, 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 PAID TO DXP (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 DXP 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 State of New York, 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 federal or state courts located in Albany, New York, 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. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded.

INDEMNIFICATION

You agree that you shall indemnify and defend and hold 4over 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 provided content, or any other text, photograph, image, graphic or other material you incorporated into products or services ordered from DXP 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.

Last edited November 6, 2018