Indemnification. By using this Site, you agree to indemnify, defend, and hold harmless Notas and all parties from whom Notas has licensed portions of Content, and their directors, officers, agents, employees and contractors, against all losses (including without limitation, direct, indirect, and consequential loss) claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of this Agreement or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content. As to clause (ii), you agree that we have the right to control the defense of any such suit, claim or demand.
10. Color Matching. You agree that while Notas is committed to doing everything we can to match the colors that you see on our website, in our design tool, and in uploaded files, Notas cannot guarantee color matches due to the difference in color (RGB values) displays on computer screens and our print process color values (CMYK) and other factors. We do offer Pantone color matching at a unique cost and production time.
11. Limited Right to Use. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
12. Pricing errors. We work very hard to make sure all the information on the Site is accurate. But sometimes mistakes happen. When they do, we fix them as soon as possible. We reserve the right to withdraw any offer and to correct any errors or omissions. If you have already submitted an order and we discover a pricing error, we'll contact you as soon as possible. Depending on your wishes, we'll either cancel your order and issue a full refund, or we'll update the amount owed to reflect accurate pricing. Prices and availability are subject to change without notice.
13. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
14. Nontransferable. Your right to use the Site is personal to you and is not transferable to any other person or entity. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
15. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
16. Limits. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE OR PRODUCTS. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.
18. Third-Party Services. We may allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
19. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
21. Payments. You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
22. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
23. Links to Other Web Sites. The Site contains links to other Websites. We are not responsible for the content, accuracy or opinions expressed in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
24. Return Policy. Due to the nature of our online site, and the products listed, we have a strict return policy.
25. Resellers and wholesalers. Resellers and wholesalers do not qualify for any promotional discounts.
26. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN UTAH. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT UTAH IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This Site is created and controlled by Notas, in the State of Utah, USA. As such, the laws of Utah will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
27. Lapsed Accounts. In order to keep the Notas.com account roster current and manageable, if a User does not access his or her account for a period of thirty days or more, Notas.com may, in its sole discretion, terminate such User’s account. Notas will endeavor to notify a User of Notas’ intent to terminate such User’s account by notice to such User’s provided email address at least seven days prior to deactivation. If the User fails to respond to such email notice within seven days after the day it is sent by Notas, such User’s account will be terminated as noted above. Therefore, Notas strongly recommends that all Users keep their accounts and contact data current and in use. While Notas desires to prevent active accounts from being terminated prematurely, Notas has no obligation to maintain accounts that appear to Notas to have been abandoned. Each User agrees that failure to access his or her account for thirty days or more conclusively indicates that such Member’s account has been abandoned and that the account may therefore be terminated.
28. Verify User's Address. Notas reserves the right to contact a User via email to verify the accuracy of account information (including the User’s correct name and address) that is needed to provide the User with the information he or she requested from Notas.
29. Military Discount. Notas offers a military discount of 10%. This applies to active duty members, reserves, veterans and retirees — including spouses and dependent family members — of the U.S. Air Force, Army, Navy, Marines, National Guard and Coast Guard. We ask that an APO/FPO address, .mil email address or valid military identification card be used to verify military status for this discount if requested by Notas. The military discount may not be combined with any other offer unless expressly written. Please call us at 1.888.222.4929 to have the discount applied to your order.
30. Discounts. Notas reserves the right to modify or cancel promotional codes and discounts at any time. Each promotional code or discount can be used only once, unless otherwise specified. The promotion or discount is subject to all restrictions set forth in the offer. The promotional code or discount is not transferable and may not be resold. Promotional codes and discounts may not be combined with other offers. All promotional codes and discounts are void where prohibited. If you violate any of the Terms and Conditions in this Agreement, the promotion will be invalid, and any discount will not apply. Promotional codes and discounts may not be exchanged for cash, credit or Gift Certificates.