End User License Agreement
Last updated: 11/10/2025
Please scroll through to the bottom to review the entire Terms of Use
Welcome to the website of UPS Store Print (the “Website”). This Website is provided by Build a Sign LLC (“BAS”, “we”, “us”, “our”) under license from The UPS Store, Inc. (“TUPSS”). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND ALL WEBSITE-RELATED SERVICES (collectively, with the Website, the “Services”). The Services include the ability for you to create and order customized print materials, merchandise, signs, magnetics, bumper stickers, and banners (“Products”). THESE TERMS OF USE (THE "Terms of Use") GOVERN ACCESS TO AND USE OF THE SERVICES BY YOU, ANY INDIVIDUAL ON BEHALF OF YOURSELF AND ANY ENTITY YOU REPRESENT (“You”). THE SERVICES ARE AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO BE BOUND BY AND ADHERE TO THE TERMS OF USE.
PLEASE REVIEW THESE TERMS OF USE CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THEY IMPOSE BINDING ARBITRATION AND A WAIVER OF CLASS ACTIONS TO RESOLVE ANY DISPUTE OR CLAIM ARISING FROM OR RELATING TO THESE TERMS OF USE, INCLUDING THEIR VALIDITY, APPLICABILITY, OR INTERPRETATION, YOUR ACCESS USE OF THE SERVICES, OR YOUR PURCHASE OF PRODUCTS (“Dispute”). YOU AGREE THAT ANY DISPUTE WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION, ARBITRATION, OR OTHER SIMILAR PROCESS UNLESS YOU OPT OUT BY FOLLOWING THE OPT-OUT PROCEDURES DESCRIBED IN SECTION 21. PLEASE REVIEW SECTION 21 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY DISPUTE.
THEESE TERMS OF USE ALSO INCLUDE LIMITATIONS OF LIABILITY THAT APPLY WHEN YOU USE THE SERVICES.By accessing or using the Services or clicking the “PLACE ORDER NOW” button and making a Product purchase, you signify your agreement to be bound by these Terms of Use. IF YOU ARE ENTERING INTO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED AND LAWFULLY ABLE TO BIND SUCH ENTITY TO THESE TERMS OF USE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES OR PURCHASE PRODUCTS.
BAS reserves the right at any time to change these Terms of Use, the Services, or the Materials (as defined below), including eliminating or discontinuing any content on or feature of the Services, or changing any fees or charges for use of the Services or product or services available on the Services. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use.
Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means permitted under applicable law, including, without limitation, posting on the Website. Your continued use of the Services after such notice shall be deemed acceptance of such changes. Be sure to review these Terms of Use periodically to ensure familiarity with the most current version of these Terms of Use. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages on the Website.
1. USER ELIGIBILITY
The Website may be accessed from various locations both within and outside the United States of America (“USA”). Access to and use of the Services may be inappropriate, prohibited, or restricted in certain jurisdictions outside of the USA. In addition, certain functionality, features, products, and services available through the Services may not be available in jurisdictions outside the USA. BAS makes no representations or warranty that the Services are appropriate or available for use outside of the USA. If you access or use the Services from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access and use them.
This is a general audience website and users of all ages are welcome to browse the Services. However, if you are under the age of legal majority to form a legally binding agreement under applicable law, you should not use any of the Services, download any Materials or Software (as defined below), or provide any information about yourself through the Services (including, but not limited to, your name, address, email address, phone number, or other personally identifiable information). If you are under the age of 18, but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. The Services are not intended for children under the age of 13.
2. Privacy
Our Privacy Policy explains how we collect, store, share, or otherwise use any personally identifiable information you provide to us in connection with your use of the Services (“Personal Data”). BAS’ use of Personal Data shall be in accordance with the Privacy Policy, and you hereby grant us the right to use your Personal Data consistent with the Privacy Policy.
3. application of these Terms of Use
These Terms of Use govern your use of the Services.. However, specific other or additional terms, policies, restrictions, or agreements (“Other Terms”) apply to the use of certain Services.
Certain Products offered through the Services are fulfilled by local UPS Store locations (each a “The UPS Store® Center”), rather than BAS. Each The UPS Store® Center is independently operated. Once your order, payment card, shipping information, Product Content (defined below), Personal Data, and other information is shared with a The UPS Store® Center (collectively, “Your Data”), The UPS Store® Center’s fulfilment of your order and use of Your Data is subject to the terms, policies, privacy notice, restrictions, and agreements between you and The UPS Store® Center (the “Center Terms of Service”) and not these Terms of Use. Applicable terms may be referenced on product or service web pages.
In the event of any conflicts between these Terms of Use and the Other Terms, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.
4. Trademarks and Materials
All trademarks, service marks, trade names, logos, trade dress, icons, and domains name registrations (“Marks”) located in the Services are the registered and unregistered intellectual property of BAS, its parent or affiliate entity, or their respective licensors or other third parties. Other product and company names mentioned in the Services may be the Marks of third parties, including TUPSS or a The UPS Store® Center, and such Marks may not be used, copied or reproduced without the permission of their respective owners. Nothing contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark without the express written permission of BAS or the third party owner of any such Marks. Misuse of any Marks is prohibited, and BAS may aggressively enforce its intellectual property rights in such Marks, including via civil and criminal proceedings. Any rights not expressly granted herein are reserved to BAS or such third parties.
The following Marks are trademarks owned by BAS or registered trademarks licensed to BAS: BuildASign.com™, THE UPS STORE.
5. Use of Services
The Services are owned and operated by BAS. The Services contain content, data, text, graphics, images, audio and video clips, logos, icons, and other materials (collectively, the “Materials”). The Services, the Materials and the selection, compilation, collection, arrangement, and assembly thereof are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. The Materials (and any intellectual property and other rights relating thereto) are and shall remain the property of BAS and its licensors and suppliers.
BAS authorizes you to access and view the Services in the manner provided by BAS and to download certain Materials from the Services only to the extent necessary for your limited, personal, non-commercial use, as provided in these Terms of Use or as expressly authorized in writing by BAS or its third party licensors or suppliers. Except to the extent required by law or as expressly provided in these Terms of Use, you may not modify, reproduce, publicly display, perform, distribute, sell, resell, rent, lease, upload, post, import, retransmit, translate, republish, reverse engineer, create derivative works based on, or otherwise use the Services or any Materials for any purpose, without the prior written permission of BAS. Any modification of the Materials, or use of the Materials for any other purpose, including use of the Materials on any other website or networked computer environment for any purpose is prohibited. The Materials and the Services are protected by copyright and other laws in both the United States and other countries. Elements of the Services are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. If you breach any of these Terms of Use, your authorization to use the Services and Materials automatically terminates and you must immediately destroy any downloaded or printed Materials. Except as expressly provided herein, BAS does not grant to you any express or implied rights to BAS' or any third party's intellectual property.
When registering for an account to use the Services, you may be asked to create a user ID and to choose a password. Some areas of the Services may require you to be or become a registered user. When and if you register to become a registered user, you agree to provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and maintain and update such information. You represent and warrant that any information you provide in connection with your use of the Services is and shall remain true, accurate, and complete, and that you shall maintain and update such information regularly. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Services. We may refuse to grant you a user ID, if in our discretion, it belongs to or is being used by another person, violates the intellectual property or other rights of any person, or is offensive. You are responsible for keeping your user ID and password secret and confidential and restricting access to that information. You are solely responsible for all activities, including purchases, that occur using your user ID and password.
With respect to any individual whose Personal Data is provided by you to BAS through the Services, you represent, warrant, and covenant to BAS that you have the authority to provide such information and that you have provided all necessary notice and obtained all necessary consents for the processing of such information by the Services you are using.
6. User Submissions
We maintain a policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs, concepts, or techniques for new services or products (“Communications”). . Any Communications you transmit or post to the Services or otherwise provide to us by any means, including, without limitation, through electronic mail, will be considered non-confidential and non-proprietary We will have no obligations with respect to the Communications.
You acknowledge you are responsible for whatever Communications you submit and you, not BAS, have full responsibility for the message, including its legality, reliability, appropriateness, originality and copyright. We and our designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, text, images, sounds, and other things embodied therein for any and all commercial or non-commercial purposes without acknowledgement or compensation to you or any other person sending the Communications. You are prohibited from posting or transmitting to or from the Services any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
7. Accuracy of Information
We attempt to verify that information in the Services is complete, accurate, and current. Despite our efforts, the information in the Services, such as the Product price, description (size, color, features, photos, etc.) may occasionally be inaccurate, incomplete, or out of date (a “Description Error”). If we see a Description Error in your order, we may cancel your order. In such event, we will refund to you the amount you paid for such order and will send you an email explaining the reasons for the cancellation. Except as otherwise expressly set forth in these Terms of Use, information provided in the Services is for informational purposes only. In addition, we may make change any aspect of any Service offered, including price and availability, without notice.
Information and content may have been contributed to the Services by various third parties, including, without limitation, third party service providers. The inclusion of such information and content does not indicate any approval or endorsement thereof, and we expressly disclaim any liability with respect to such information and content.
8. Purchases
If you wish to purchase Products or Services described on the Website (each such purchase, a “Transaction”), you will be asked to supply certain information applicable to your Transaction, including, without limitation, payment card and other payment and shipping information. You understand that such information applicable to the Transaction shall be treated in the manner described in the privacy notice applicable to that Transaction, which, depending on who is fulfilling your order, will be our privacy notice or the privacy notice of the applicable Center .
You acknowledge and agree that (a) charges for purchases may not be refundable; (b) you will pay all charges incurred in connection with the Product purchases by you or any users of your account and payment card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including shipping fees and all taxes; and (c) if BAS does not receive payment from your payment card issuer, you will pay all amounts due upon demand.
While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. BAS reserves the right, without prior notice, to limit the order quantity on any product or service or to refuse to provide it. We also may require verification of information or additional information prior to the acceptance or shipment of any order. There may be certain orders that we are either unable to accept or must cancel. BAS reserves the right, at our sole discretion, to refuse or cancel any order for any reason. Possible circumstances involving our canceling an order include Description Errors or problems identified by our credit and fraud avoidance department.
Certain products offered through the Services may be subject to additional or different terms and conditions, which will be specified on the applicable product page. We reserve the right to change prices and billing methods at any time, effective immediately upon publication.
Certain Products are not available for pickup at The UPS Store® Center, but will be shipped directly by BAS to you.
Pricing and Payment. The prices advertised in the Services are for Internet orders unless otherwise noted. All prices are subject to change. Your purchase price may vary. Additionally, prices on some items may differ from the prices charged at The UPS Store® Center physical locations.
Responsibility for Product Content. The primary value of the Services is the ability for users and potential purchasers ("Users") to create Products. This is done by means of computer interaction alone between the Users and the Services. As such, you agree that no BAS employee, employer, officer, owner, agent or authorized representative is responsible for monitoring the design and content of the Products created or uploaded by Users (the “Product Content”), neither while on the Services, nor after purchase or during the production process. You acknowledge and agreement that BAS has no obligation to proof or otherwise to pre-flight (i.e., confirm the digital files are all present, valid, correctly formatted, of the desired type, meet content requirements, etc.), check for content, spelling errors, grammatical errors, logical errors, aesthetic quality, color matching or any other factor that is within the User's Realm of Control through the use of the tools on the Services. or otherwise provide quality assurance review of any files or the content or layout of your order. “Realm of Control” refers to any part of a Product that is editable by the User, including but not limited to: color, font size, font type, font style, font color, position of text, position of graphics, color of graphics, quantity of text, quantity of graphics, spelling of text, use of text, size of graphics, justification of graphics, justification of images, or color of the background.
While BAS does not review Product Content, you still agree to be bound by the restrictions as laid out in these Terms of Use, and, should it come to BAS’ attention that you have violated the Terms of Use, you agree that BAS may send you notice of cancellation and your order will be canceled. You further agree that the purchase price of your order, less any cost incurred during the processing of your order and its cancellation, will be returned by signed check through the United States Postal Service, postmarked within 30 days of your receipt of notice of cancellation.
You represent , warrant, and covenant that your Product Content does not contain any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights, including but not limited to rights of celebrity, privacy and intellectual property.
Changes to your Order. You, as a User, have many opportunities during the purchasing process to check your Product for layout and content and agree that you have done so. BAS provides many opportunities to review, revise and cancel the order process before actually placing your order. BAS is able to offer its Products at the present prices due to the efficiency of allowing the User to create and modify their own Products.
You agree that BAS is not responsible for reviewing, revising or canceling orders, Products or Product Content once an order has been placed. A BAS employee, employer, officer, owner or authorized agent may revise or cancel an order but is not required or obligated to do so. You agree that you have reviewed your order and that no further additions, corrections or changes need to be made and that your order is final as is. Orders are completed in their “as submitted” form and you are fully responsible for final verification and approval.
Ownership of Product Content. You retain ownership of your Product Content, including without limitation, any copyright and other intellectual property rights therein. By uploading Product Content to the Services or creating Product Content with the Services’ design tools, however, you grant the nonexclusive, worldwide, transferable, sublicensable right to BAS to copy, crop, reproduce, publicly display, sell, and distribute such Product Content in or on Products.
You may remove your Product Content from the Services at any time other than Product Content associated with any Product reviews you post on the Services. If you choose to remove Product Content and notify BAS of your intention to terminate the licenses described in the above paragraph, those licenses will terminate, except that BAS may fulfill all orders that are in any way derived from that Product Content placed prior to your notice of termination and may continue to use said Product Content as part of reviews you have posted on the Services.
Color Matching. BAS provides the Services through an ecommerce web site viewable by computers connected to the Internet. These computers may view Product Content solely through their computer screens (“Monitors”). Monitors may be configured to display images and colors in a variety of ways, both through the use of hardware setup and software setup. There are many possible settings for Monitors and there is no true uniform standard to which all Monitors conform. What may look one way on one monitor, will look different on another. Further, computer monitors display images with light and use a standard known as RGB to do so. BAS produces Products in a variety of ways (CMYK, PMS, and others) that do not use light.
As such, you agree that BAS does not guarantee that the colors as they appear on the screen will look the same as the colors as they appear on the purchased Product. BAS works hard to make the colors on the screen be as true as possible to the printed colors; however, the differences in Monitors and the differences between light and pigment make it impossible to guarantee matching colors for all Users.
Uploaded Images. BAS permits Users to upload images onto their Products through the Services. You agree that BAS is not responsible for the quality of the images you upload. The Services attempt to make a “best guess” as to the best viewing distance of your image based on the internally stored DPI (Dots Per Inch) contained in the image file. The Services assume that 100 DPI is best viewed from 3.5 feet and tries to make a best distance estimate based on that assumption.
You agree that you alone are responsible for making sure that the quality of the image you are uploading is of high enough quality to be satisfactory to you at the size you select on the Product that you are purchasing.
Images are created and stored in a variety of ways and you agree that BAS is not responsible for ensuring quality images for any image file format available on the Services.
Clip Art. BAS offers a broad range of clip art available on the Services for use with your Products. you agree that this clip art is for novelty purposes only and is not meant to be taken as official symbols, art or graphics. You also agree that, with the exception of the Realtor(R) clip art, none of the clip art has been approved through official organizations or groups.
Production Time. BAS works hard to ensure orders will be produced and arrive to our customers by their guaranteed delivery date. The “date of order” is the calendar date of order if the order is placed before 4:00 pm Central Time Monday-Friday and is considered placed on the next business day if the order is placed between 4:00 pm and 11:59 pm Central Time or is placed on weekends. This means that a purchase made at 3:00pm Monday, will be shipped out on Thursday of the same week. This production time is not guaranteed and is limited in many ways as discussed in the Shipping Policy.
Alterations to 4' Corrugated Plastic. One of BAS’ goals is to provide you with quality Products at the lowest delivered cost possible. To that end, we may make modifications to some Products in order to reduce the cost to our customers. For instance, boards 4' or larger cannot be shipped at ground shipping rates; it must ship freight, which is far more expensive for smaller orders than ground. To enable orders of 1-10 4'x8' and 4'x6' corrugated plastic signs to ship at ground shipping rates, we may slit the back of the board in two places so that it folds to a third of its width. Orders of 1-10 4'x4' corrugated plastic signs may be slit in half to allow for ground shipping. Once delivered, the boards can be easily unfolded to their original width. If you do not approve such alterations, you must contact us within 24 hours to notify us of your objection, in which case you will be charged the difference between ground and freight shipping.
Safety Signs Disclaimer. you are solely responsible for (i) identifying the appropriate precautions, including signage materials, language, and designs necessary to comply with any applicable local, state, or federal laws or regulations, including ANSI and/or OSHA standards and (ii) adequately warning invitees, employees, and the public of any hazards. In some cases a sign may not provide an adequate safety precaution. BAS is not a safety expert and disclaims any and all liability that the template designs offered on the Services are sufficient to cover any specific hazard. BAS does not have responsibility to notify customers about changes in the law after sale. you shall hold BAS and its corporate parent and its employees harmless from all claims, loss or expense (including attorneys’ fees) related to your purchase and use of any sign purchased through the Services.
Shipping. Shipping options will be provided with respect to each product during the checkout process. Your choices for delivery times will usually range from 2 to 15 days, but will vary based on the size of your order and what you ordered. Moreover, you agree that our shipping time frame may depend on your response time to our inquiries regarding your order. Note: Inclement weather is rare, but may impact your delivery date. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. All purchases from this Website are made pursuant to a shipment contract. Title to your purchased Products shall pass to you at the time BAS deposits such Products with its designated domestic shipper.
Tracking Your Order. Once you place your order, you will receive an email that links you to a page where you can track the status of your order. You will be given a tracking number for the shipping carrier as well as a unique package identification number. By looking at your activity report, you can see when your package is expected to arrive.
Your Representations and Warranties. If you purchase a Product through the Services, you represent and warrant that (a) you are at least eighteen (18) years of age, or the age of majority under applicable law, prior to purchasing products; (b) you have the legal right to use any payment card(s) used in connection with any Transaction; and (c) you have either an existing account with BAS or provide valid and authorized payment information and agree that BAS may charge the payment card at the time of your transaction.
9. Returns and Refunds
Except as otherwise provided for a particular Product, once an order is received through the Services, it cannot be cancelled by you. If we cancel your order after your credit card (or other payment account) has been charged, we will issue a refund via the original payment method for the purchase price of the cancelled order. We will send you an email if all or any portion of your order is canceled.
You agree that BAS guarantees the Products it sells are free from manufacturing defects and as such will be good for 90 days after purchase. If the Product fails or breaks due to a manufacturing defect during that time, you agree to take a photograph of the failed or broken Product and send the photograph or the original failed or broken product to BAS. Upon receipt of the Product or the photograph, BAS will send a replacement of the product, issue a store credit, or will issue a refund via the original payment method for the purchase value of the failed or broken product(s). If the return policy or requirements varies for any particular Product, it will be noted on the product page. In addition to the other terms provided in the Services, we are not responsible for: (a) spelling, punctuation, or grammatical errors made by the User; (b) inferior quality or low-resolution of uploaded images; (c) design errors introduced by the User in the Product creation process; (d) errors in User-selected options such as choice of finish, quantity, or product type; or (e) damage to the Products arising after delivery.
BAS does not guarantee or warrant that its Products will work for any intended purpose or in any set of conditions. If you believe your order is defective or has not otherwise met your requirements, please contact Customer Service in writing via service@upsstoreprint.com, within three (3) business days of receiving your order. If you do not contact us within this time frame, we have no obligation to provide a refund or replacement. Once you have contacted us, we will determine if a replacement or refund is appropriate, or to advise you that more information is needed to process your inquiry. You agree that the determination of whether a Product’s failure or breakage is due to a manufacturing defect is within the sole discretion of BAS. We reserve the right to request samples of any allegedly defective merchandise. You further agree to provide full and complete information regarding the circumstances of the failure or breakage, including but not limited to the use of the Product, the conditions the Product was in, and any other information useful to an informed determination by BAS as to the cause of the failure or breakage. If we request additional information to verify an inquiry and it is not provided within a reasonable time, we will be under no obligation to provide a refund or replacement.
10. The UPS Store location Fulfilled Products
For Products that are fulfilled by a The UPS Store® Center, please check your Transaction receipt and/or contact that The UPS Store® Center for returns and refunds. Each The UPS Store® Center is independently owned and return policies may vary. The UPS Store Centers are independently owned and operated by franchisees of TUPSS in the USA. Neither BAS nor TUPSS, or any of their respective parent and affiliated entities are responsible for the acts or omissions of any of The UPS Store Centers or for any obligations to you that are incurred by any such The UPS Store Center. This Website provides links to web pages operated by the individual The UPS Store Centers that include information and materials provided by those individual locations. The products and services, promotions, special offers, prices, and hours of operations provided at each The UPS Store Center may vary by location. The information or materials on the web pages operated by individual The UPS Store Centers may be out of date and you should contact the specific The UPS Store Center for details.
YOU AGREE AND ACKNOWLEDGE THAT FOR PRODUCTS ORDERED THROUGH THE SERVICES WHERE YOU DESIGNATE A THE UPS STORE® CENTER TO FULFILL YOUR ORDER, YOU ARE ENGAGING THE SERVICES OF A PARTICULAR THE UPS STORE® CENTER, AS SELECTED BY YOU ON THE WEBSITE, AND YOU ARE NOT ENGAGING BAS. BAS HAS THE RIGHT, BUT NOT THE OBLIGATION, TO TRANSFER YOUR REQUEST TO ANOTHER THE UPS STORE® CENTER OR TO BAS’ SERVICE PROVIDER IF BAS DETERMINES, IN ITS SOLE DISCRETION, THAT THE UPS STORE® CENTER TO WHICH YOU SUBMITTED SUCH REQUEST CANNOT ADEQUATELY RESPOND THERETO. FOR PRODUCTS FULFILLED BY A THE UPS STORE® CENTER LOCATION, BAS FACILITATES THE REQUEST, BUT IS NOT A PARTY TO THE TRANSACTION. CERTAIN PRODUCTS ORDERED THROUGH THE SERVICES MAY BE FULFILLED BY, OR ON BEHALF OF, BAS DIRECTLY WHEN A THE UPS STORE® CENTER IS NOT IDENTIFIED FOR THE FULFILLMENT OF THE ORDER.
11. Promotions and Special Offers
Information published on the Services may refer to products, programs, or services that are not available at all The UPS Store Centers or available through the Services in your country or geographical location. Some of the promotional items, premiums, and prices may only be available in certain areas or at certain locations and terms and restrictions may apply. Consult your local The UPS Store Center business contact for information regarding the products, programs, and services that may be available to you. Coupons, discounts, and special offers may be subject to restrictions and expiration dates, and you should see your local The UPS Store Center for details.
From time to time, sweepstakes promotions, contests and surveys may be offered on or through the Services. Participation in such promotions is subject to additional terms and conditions and official rules posted at the time of the promotion. Participation in any such promotion is at your discretion and you should carefully review all applicable terms and conditions and official rules prior to participating in the promotion.
12. Links to Other Websites, TUPSS, AND THIRD PARTY SITES AND SERVICES
Links to Third Parties. Links to third party websites from this Website, including, without limitation, web pages operated by TUPSS and the individual The UPS Store Centers (“Third Party Sites”), are provided solely as a convenience to you. If you use these links, you will leave the Services. BAS has not reviewed all of these Third Party Sites and does not control and is not responsible for any of these sites or their content. Thus, BAS does not endorse or make any representations about them, or any information, software or other products or materials found there, the availability, accuracy, performance or quality of any content, any results that may be obtained from using them, or the privacy or other practices of such websites. If you decide to access any of the Third Party Sites linked to the Services, INCLUDING WITHOUT LIMITATION, ANY WEBSITE OF TUPSS OR ANY THE UPS STORE CENTER, you do this entirely at your own risk. In addition, your use of such Third Party Websites is subject to any applicable policies and terms and conditions of use, including, without limitation, the privacy policy listed on such Third Party Site, which may contain different terms from those provided on the Services.
Third Party Services. BAS may use third parties to provide certain of the Services. BAS does not control those third parties or their services, and you agree that BAS will not be liable to you in any way for your use of such Services. These third parties may have their own terms of use and other policies. you must comply with such terms and policies as well as these Terms of Use when you use these Services. If any such terms or policies conflict with BAS’s agreements or policies, you must comply with these Terms of Use, as applicable.
13. Guidelines for Linking to THIS Website
If you would like to link to this Website, you must comply with the following guidelines. A site that links to this Website:
- Must have express written authority from BAS prior to linking of any kind or manner.
- May link to, but not replicate, the Materials.
- Shall not create a browser or border environment around, or mirror, any portion of the Website.
- Shall not imply that BAS, TUPPS or any The UPS Store Center is endorsing it or its products.
- Shall not misrepresent its relationship with BAS, TUPPS or any The UPS Store Center.
- Shall not present false information about BAS products or services, including the Services.
- Shall not use the BAS logo or that of TUPPS or any The UPS Store Center without express written permission from the owner of that logo.
- Shall not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
14. Your Conduct
In connection with your use of the Services, you agree that you shall not:
- disguise the origin of information transmitted through the Services.
- place false or misleading information on the Services.
- put or upload to the Services, or otherwise transmit, any information or content that that infringes on the intellectual property or personal or proprietary rights of another or that is offensive, in our discretion.
- impersonate any person or entity, including, without limitation, any representative of BAS, TUPPS or any The UPS Store Center.
- transmit any software or other materials that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate, any system, the Services or information.
- use any meta tags or any other "hidden text" utilizing BAS’, TUPPS’ or any The UPS Store Center’s name or Marks without the prior express written permission of BAS.
- use the Services or any of its content or Materials: (i) to advertise or sell any products or services; (ii) for any purpose that is unlawful or prohibited by these Terms of Use; (iii) in any manner which could damage or disparage BAS, TUPSS, or any The UPS Store Center; (iv) in any manner that could disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services; or (v) to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
- collect electronic mail addresses or other information from third parties by using the Services;
- use any meta tags, search terms, key terms, or the like that contain BAS’, TUPSS’, or any The UPS Store Center’s name or trademarks;
- engage in or assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.
Tampering with the Services, misrepresenting your identity as a user, or conducting any fraudulent activities on the Services are strictly prohibited.
15. REPRESENTATIONS AND WARRANTIES
You represent, warrant, and covenant to BAS that (a) you have the full power and authority to enter into and perform under these Terms of Use; (b) the execution and performance of your obligations under these Terms of Use do not constitute a breach of or conflict with any other agreement or arrangement by which you are bound; (c) these Terms of Use are a legal, valid and binding obligation of you, enforceable in accordance with their terms and conditions; (d) you own or have all rights in your Product Content and Your Data to grant the rights granted to BAS hereunder; (e) your use of the Services, any order that you place with BAS, and BAS’ use of your Product Content in accordance with these Terms of Use (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or any other legal right of any third party and (ii) will comply with all applicable laws, rules, and regulations; (e) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Product Content; (f) BAS will not be required to make any payments to any third party in connection with its use of your Product Content, except for the expenses that BAS incurs in providing the Services to you; (g) the use of any instructions, formulae, recommendations, or the like contained in your Product Content will not cause injury to any third party; and (h) your Product Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
16. Disclaimers
THE SERVICES AND ALL FEATURES, FUNCTIONALITY, MATERIALS, AND SOFTWARE PROVIDED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE SERVICES AND ANY MATERIALS PROVIDED THROUGH THE SERVICES ARE ENTIRELY AT YOUR OWN RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ALL PRODUCTS PURCHASED ON OR THROUGH THE SERVICES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS, AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BAS, ITS SUBSIDIARIES, PARENT, OR RELATED COMPANIES, LICENSORS, SUPPLIERS, ADVERTISERS, AND AGENTS, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR REPRESENTATIVES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. BAS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES AND ANY PRODUCTS LISTED OR PURCHASED THROUGH THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BAS HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECTS OR FAILURES, CLAIMS THAT ARE DUE TO NORMAL USE, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY LAWS, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY – FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
BAS DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER(S) ON WHICH THE SERVICES ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SERVICES, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR NOTICE BY BAS, TUPSS, OR ANY THE UPS STORE CENTER,, WHETHER MADE THOUGH THE SERVICES OR OTHERWISE, SHALL CREATE ANY WARRANTY.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
17. Limitation of Liability
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BAS, ITS PARENT OR AFFILIATE ENTITIES, ITS FRANCHISEES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, OR OTHER THIRD PARTIES MENTIONED IN THE SERVICES BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES WHATSOEVER, OR ANY SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES OR THE MATERIALS, SOFTWARE, FEATURES, PRODUCTS, SERVICES, OR INFORMATION CONTAINED AT ANY OR ALL SUCH SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, SOFTWARE, FEATURES, PRODUCTS, SERVICES OR INFORMATION FROM THIS SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BAS SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL DATA OR FINANCIAL INFORMATION STORED THEREIN; (b) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (c) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (d) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. BAS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY SITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR MATERIALS OR ANY THIRD PARTY SITE IS TO STOP USING SUCHSERVICES, THIRD PARTY SITE, OR MATERIALS, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF BAS FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE PURCHASE PRICE OF THE PRODUCTS ORDERED.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting anything set forth in these Terms of Use, in no event will BAS be liable for, or make any adjustment, refund, or credit of any kind for, any loss, corruption, delay, misprint, non-print, inclusion, omission, shipment, misdelivery, non-delivery, misinformation, other direct or indirect damages, or failure to provide products, services or shipping (each, a “Service Failure”) to the extent caused by or resulting from: (a) your acts, defaults, or omissions; (b) your violation of any of the terms and conditions contained in these Terms of Use; (c) criminal acts, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, war, acts of terrorism, national or local disruptions in electronic and transportation networks, failures of Internet service providers, weather phenomena, strikes, natural disasters, disruption or failure of communication and information systems, or other acts of God; (d) loss, corruption or irretrievability of, or damage to, Your Data, your Product Content, your Communications, or information regarding the Products used or stored by us; (e) your failure to provide an accurate shipping address or other information that you are asked to provide in connection with the provision of the Services.
18. Indemnification
You shall indemnify, defend, and hold harmless BAS and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses incurred in connection with any third-party claim, demand or action (“Claim”) that arise directly or indirectly out of or from (a) your breach of these Terms of Use, including any violation of the “Guidelines for Linking to this Website” and “Your Conduct” sections above; (b) any allegation that Your Data, or any other materials you submit to BAS or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other privacy, personal, proprietary, or other legal rights of any third party; or (c) your activities in connection with the Services. BAS will have the right to control the defense, settlement, and resolution of any such Claim at your sole expense. You may not settle or otherwise resolve any Claim without BAS’ express written permission.
19. Copyright Infringement
If you believe in good faith that your copyrighted work has been infringed by Materials on the Services and you want BAS to take down or disable the infringing materials, you must provide all the information requested on the below Notification of Claimed infringement. The information requested is intended to substantially conform to the requirements set forth in the Digital Millennium Copyright Act, 17 U.S.C Section 512(c)(3)(A).
BAS requires the following information from you:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services are covered by a single notification, a representative list of such works.
- identification of the material claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material.
- information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- a statement that the information in your notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices and counter-notices with respect to copyright infringement claims must be sent in writing to BAS as follows: By mail to 11525A Stonehollow Drive Suite 120 Austin, TX 78758 or by e-mail to service@upsstoreprint.com. The contact phone number is 1-800-252-8134.We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
20. CONFIDENTIAL INFORMATION
“Confidential Information” means any confidential or proprietary information disclosed directly or indirectly by BAS to you, including the following types of information and other information of a similar nature: designs, concepts, drawings, ideas, inventions, specifications, techniques, discoveries, models, data, templates, source code, object code, documentation, diagrams, flow charts, research, development, processes, procedures, know-how, new product or new technology information, marketing techniques and materials, marketing plans, timetables, strategies and development plans, (including prospective trade names or trademarks), customer names and other information related to customers, employee information, pricing policies, and financial information. You shall not to use any Confidential Information for any purpose at any time, other than as required for you to receive the Services. You shall hold in confidence and not disclose or reveal to any person or entity the Confidential Information without the clear and express prior written consent of a duly authorized representative of BAS. You shall protect the confidentiality of the Confidential Information using at least such care as you use to protect its own confidential and proprietary information of like importance, but in no event less care than a prudent business person would employ under the circumstances. You shall return to BAS any and all Confidential Information, together with any copies in your possession or under its control promptly upon BAS’ request or, if not requested earlier, promptly after you have finished using the Services.
21. BINDING ARBITRATION AND CLASS ACTION WAIVER (The “Arbitration Agreement”)
Mandatory Individual Arbitration. Any Dispute, whether arising before, during, or after the time you enter into the Terms of Use, and if not resolved through the informal dispute resolution procedure outlined below, will be exclusively resolved by individual, binding arbitration in accordance with the Arbitration Agreement. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute, including any asserting that all or any part of the Arbitration Agreement is void or voidable. The arbitrator shall be responsible for determining all threshold arbitrability issues, including any relating to whether the Terms or Arbitration Agreement is unconscionable or illusory and any defense to arbitration, such as waiver, delay, laches, or estoppel.
Class Action/Jury Waiver. You acknowledge and agree that you and BAS are each waiving the right to a trial by jury and participation as a plaintiff or class member in any purported class, collective, consolidated, or representative action or proceeding with respect to any Dispute. Unless you and BAS agree otherwise in writing, any arbitration with respect to any Dispute will be conducted only on an individual basis and not in a class, collective, consolidated, or representative action or proceeding. If any court or arbitrator of competent jurisdiction determines that this Class Action/Jury Waiver is void or unenforceable with respect to any Dispute and the Dispute proceeds as a class, collective, consolidated, or representative action or proceeding, then the entirety of the Arbitration Agreement will be deemed null and void with respect to such Dispute, and you and BAS will be deemed not to have agreed to arbitrate such Dispute.
Rules and Procedures for Arbitration.
(a) Initiating Dispute. To initiate a Dispute, a party shall send the other party written notice stating: (i) the party’s name, address, and contact information; (ii) the facts giving rise to the Dispute; and (iii) the relief requested (“Dispute Notice”). Each party shall send any Dispute Notice to the other party in accordance with Section 26.
(b) Informal Negotiation. As used herein, “Informal Negotiation Period” means, with respect to each Dispute, the period between the date a party receives the applicable Dispute Notice and 30 days after such date. you and BAS shall attempt to resolve the Dispute through informal negotiation during the Informal Negotiation Period. After the conclusion of the Informal Negotiation Period and not before, you or BAS may commence an arbitration proceeding as set forth in the Arbitration Agreement.
(c) Arbitration Proceeding. You and BAS acknowledge and agree that any Dispute that remains unresolved after the conclusion of the applicable Informal Negotiation Period will be resolved only through final and binding individual arbitration (rather than in court) conducted by the American Arbitration Association (“AAA”) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules and Mass Arbitration Supplementary Rules (collectively, the “AAA Rules”), except in each case to the extent modified by the Arbitration Agreement. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. The AAA Rules are available at https://www.adr.org/Rules. A form for initiating arbitration proceedings through AAA is available at www.adr.org. If AAA refuses to enforce the Arbitration Agreement or otherwise refuses to administer any Dispute between you and BAS, you and BAS shall submit the Dispute for arbitration by another nationally recognized arbitration services provider under its then-applicable rules that are comparable to the AAA Rules. The arbitration will be conducted by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, such hearing will be conducted in Austin, Texas, or, if the Consumer Arbitration Rules apply, another location as determined by the arbitrator to be reasonably convenient to both parties with due consideration of the positions of the parties; relative ability of the parties to travel; and factors such as the location of witnesses and documents, relative costs, and the location of any prior court proceedings, among other factors presented by the parties. The decision of the arbitrator on all matters relating to the Dispute will be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction. The parties acknowledge and agree that the Arbitration Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of the Arbitration Agreement.
(d) Protocol for Mass Filings. As used herein, “Mass Filing” means 25 or more similar arbitration demands presented pursuant to the Arbitration Agreement where representation of all claimants is consistent or coordinated across the cases, including by or with the assistance, coordination, or cooperation of the same law firm or group of law firms, regardless of whether such demands are filed simultaneously. For the avoidance of doubt, you and BAS acknowledge and agree that the AAA Mass Arbitration Supplementary Rules will apply to any Mass Filing, except to the extent modified by the Arbitration Agreement. AAA shall randomly select a first batch of 25 arbitration demands from the Mass Filing for arbitration (“Bellwether Arbitrations”). While the Bellwether Arbitrations are adjudicated, all other arbitration demands that are part of the Mass Filing will be held in abeyance and stayed. Upon the conclusion of all Bellwether Arbitrations, AAA shall randomly select another batch of 25 arbitration demands from the Mass Filing for arbitration. While this second batch of arbitration demands is adjudicated, all other arbitration demands that are part of the Mass Filing will be held in abeyance and stayed. Upon the conclusion of all arbitrations from the second batch, AAA shall randomly select another batch of 25 arbitration demands from the Mass Filing for arbitration and repeat the protocol set forth in this Section until all arbitration demands from the Mass Filing have been adjudicated. Any statute of limitations applicable to any arbitration demand that is held in abeyance and stayed in accordance with this Section will be tolled for such arbitration demand while it is so held in abeyance and stayed.
Changes to Arbitration Agreement. If BAS changes the terms of the Arbitration Agreement after the date you first accepted the Terms (or accepted any subsequent update to the Terms), you may reject any such change to the terms of the Arbitration Agreement by providing BAS with written notice of rejection within 30 days after the date the changes to the Arbitration Agreement became effective (“Rejection Notice”). To be effective, the Rejection Notice must: (i) include YOUR full name, address, and signature; (ii) clearly indicate your intent to reject changes to the Arbitration Agreement; and (iii) be sent to BAS in accordance with Section 25 ]. If you reject changes to the Arbitration Agreement, you shall nevertheless be bound to the version of the Arbitration Agreement that was last accepted by you.
Opt-out Procedure. you can choose to opt out of the Arbitration Agreement by sending BAS a written opt-out notice (“Opt-Out Notice”) within thirty 30 days following the date you first agree to the Terms. To be effective, the Opt-Out Notice must: (i) include your name, address, and signature; (ii) clearly indicate your intent to opt out of the Arbitration Agreement; and (iii) be sent to BAS in accordance with Section 25. If you opt out of the Arbitration Agreement, you shall nevertheless be bound by all other parts of the Terms. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with BAS.
Survival of Arbitration Agreement. The Arbitration Agreement will survive the expiration or termination of the Terms and your relationship with BAS.
22. Applicable Laws; Entire Agreement
The Services are administered by BAS in the United States. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Services for illegal purposes will be provided to law enforcement authorities. We reserve the right to report violations of these Terms of Use to government authorities and to have violators prosecuted to the fullest extent of the law. These Terms of Use are the entire agreement between you and BAS relating to the use of the Services and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. BAS makes no representation that Materials in the Services are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. These Terms of Use will be governed by and construed in accordance with the laws of the state of Texas, without giving effect to any principles of conflicts of laws contained therein.
23. Monitoring
BAS shall have the right, but no obligation, to monitor content of the Services provided by third parties to determine compliance with these Terms of Use, any other operating rules established by BAS for the Services or compliance with any law, regulation or authorized government request.
24. Termination and Enforcement
BAS reserves the right to immediately discontinue the Services, terminate these Terms of Use, or your access to and use of the Services or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these Terms of Use, (a) your right to use the Services shall immediately cease, (b) you shall destroy all Materials obtained from the Services and all copies thereof, (c) BAS may delete your Product Content, Your Data or other materials relating to your use of the Services in BAS’ possession or control and will have no liability to you or any third party for doing so, and (d) Sections 2, 3, 7, 10, 16 through 19, and 22 through 30 shall survive, together with all other Sections that, by their plain meaning, are intended to survive. You agree that BAS, its licensors or suppliers, and their respective affiliates, suppliers, and agents shall not be liable to you or any third party for any termination of your access to the Services or to any Materials or Your Data.
We reserve the right to take steps that we believe are necessary, helpful, or appropriate to enforce or verify compliance with these Terms of Use (including without limitation in connection with any legal process relating to your use of the Services or a third party claim that your use of the Services is unlawful or violates such third party's rights).
25. NOTICES AND Electronic Communications
All notices required or permitted to be given under these Terms of Use will be in writing and delivered to the other party by any of the following methods: (a) U.S. mail, (b) overnight courier, or (c) electronic mail. If you give notice to BAS, you must use the following address: 11525A Stonehollow Dr. Suite 120, Austin, TX 78758 or email us at service@upsstoreprint.com. If BAS provides notice to you, BAS will use the contact information provided by you to BAS. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement. We may also communicate with you by posting notices on the Services.
When you visit the Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
26. Notice for California Users
Under California Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at https://www.dca.ca.gov/consumers/complaints/index.shtml.
27. Notice to Users of Centers Located in Puerto Rico
Notwithstanding anything to the contrary in these Terms of Use, if you engage the services of a The UPS Store Center located in Puerto Rico, you will not be able to pay online with a payment card, but must pay for all such Transactions at The UPS Store® Center, and you will not have the ability to have the order from that The UPS Store® Center shipped to your desired mailing address, but must instead pick up the order at The UPS Store® Center.
28. General
BAS' failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. These Terms of Use are not assignable, transferable, or sublicensable by you except with BAS’ prior written consent. BAS may assign its rights and duties under these Terms of Use at any time without notice to you. These Terms of Use will be binding upon each party hereto and its successors and permitted assigns. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. No failure or delay by a party in exercising any right, power or privilege under these Terms of Use will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and BAS are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms of Use.
29. Contact Information
If you have questions or comments regarding the Services, please contact us by email at service@upsstoreprint.com.