Website Terms Of Use.
We welcome you to Rapid Die-Cut website, these Site use Terms and Conditions of Use
(collectively, the “Website”). The Website is operated by Rapid Die Cut , We or us at
33460 Lipke street Clinton Twp Mi 48035
SERVICES
Through the Website, you can obtain information about our services, request a quotation
using our online quoting system, place orders for products and receive such other
services as we may offer from time to time (collectively the “Services”). Your access to
and use of the Website and the Services are subject to the following terms and
conditions ("Terms and Conditions") and all applicable laws.
YOUR CONSENT
Please take a few minutes to review these Terms and Conditions before using the Website.
Your use of the Website is conditioned upon your acceptance of and compliance with these
Terms and Conditions, the Online Privacy Policy, the Order Terms and Conditions of Sale
(as applicable) and other notices and “click through” agreements that we may establish
and post from time to time, all of which are hereby incorporated by reference. By
visiting or browsing our Website, or using the Services, you accept, without limitation
or qualification, these Terms and Conditions. If you do not agree to these Terms and
Conditions, you may not access or use the Website or the Services.
MODIFICATIONS
We reserve the right to update or modify these Terms and Conditions at any time, without
prior notice, by posting any such revised version of these Terms and Conditions behind
the link marked "Terms and Conditions of Use" at the bottom of each page of this
Website. Your continued use of the Website after we have posted the revised Terms and
Conditions constitutes your agreement to be bound by the revised Terms and Conditions.
OWNERSHIP
Content
Unless otherwise indicated, the Website and Services together with their design, text,
content, and other matters related to the Website and Services ("Content") are protected
under applicable copyrights, trademarks and other proprietary (including, but not
limited to, intellectual property) laws, and all rights therein are the property of
Rapid Die-Cut or third parties who have granted us permission to use their Content.
Except as otherwise provided herein, none of the Content may be used, copied,
reproduced, distributed, republished, downloaded, modified, reverse engineered,
displayed, posted or transmitted in any form or by any means, without our express prior
written permission. We grant you permission to lawfully access and use the Website to
upload models, display, download, and archive and print, portions of the Website on a
temporary basis for your individual use, provided you do not modify the materials and
that you retain any and all copyright and other proprietary notices contained in the
materials.
Trademarks and Service Marks
All of Rapid Die-Cut ' logos, product names, page headers, custom graphics, button
icons, trademarks, service marks and logos appearing on the Website, unless otherwise
noted, are service marks, trademarks (whether registered or not) and/or trade dress of
Rapid Die Cut (the "Marks"). All other trademarks, product names, company names, logos,
service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on
the Website are the property of their respective owners. You are not authorized to
display or use the Marks in any manner without our prior written permission. The use or
misuse of the Marks or other trademarks, product names, company names, logos, service
marks and/or trade dress or any other materials contained herein, except as permitted
herein, is expressly prohibited.
Your Files
You represent and warrant that you own or have the right to submit the design, drawing,
model or prototype (“Model”) to use through the Website for the purpose of obtaining
Services. You hereby grant Rapid Die-Cut a non-exclusive, transferable license to copy,
modify, and use each Model that you submit through the Website solely for the purpose of
providing the Services you have requested.
In the event that You modify contact information related to a Model, You further agree
that you: a) are authorized or have authorized a person to modify contact information;
b) have accurately entered all such contact information; c) You are solely responsible
for the consequences of any errors in the entry of contact information; and d) You are
solely responsible for all use of this website by anyone you designate to have access to
such Models, including any changes made to Models.
PAYMENT AND FEES
You agree to pay all fees and any other charges incurred by you (including any
applicable taxes) for the Services you have requested through the Website in accordance
with the Rapid Die-Cut and Order Terms and Conditions of Sale (as applicable).
HYPERLINK DISCLAIMER
The Website may contain links to other unrelated third parties. A link to a third
party’s website does not mean that we approve, endorse or accept any responsibility for
that website, or the use of products and services available through such website. We do
not make any representations, or give any warranties, expressed, implied, or otherwise
about third party websites.
DISCLAIMERS
WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS,
INCLUDING ANY QUOTES PRODUCTS OR SERVICES YOU RECEIVE FROM THIS WEBSITE, WHICH ARE
PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. WE HEREBY EXPRESSLY DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO YOUR USE OF THIS WEBSITE INCLUDING ANY PRODUCTS OR SERVICES PROVIDED
THROUGH THE SITE. WE DO NOT WARRANT THAT THIS WEBSITE, ITS SERVERS OR EMAIL SENT FROM US
WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE DO NOT PROVIDE ANY
REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR
FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA, INCLUDING WITHOUT
LIMITATION ANY MODELS SUBMITTED BY YOU WHEN YOU REQUEST A QUOTE.
The information and all other materials on this Website are provided for general
information purposes only and do not constitute professional advice. It is your
responsibility to evaluate the accuracy and completeness of all information available on
the Website or any website with which they are linked.
EXCLUSION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RAPID DIE-CUT, AND ITS, EMPLOYEES,
AGENTS, SUPPLIERS, CONTRACTORS, SUCCESSORS AND ASSIGNS, HEREBY EXCLUDES AND DISCLAIMS
LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING
INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT,
LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR
CHARACTER, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES,
ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR THE SERVICES. YOU ASSUME
ALL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING
AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR
ANY REASON, THEN OUR AGGREGATE LIABILITY (AND ANY OTHER PERSON OR ENTITY WHOSE LIABILITY
WOULD OTHERWISE HAVE BEEN LIMITED) FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN
LIMITED WILL NOT EXCEED FIVE DOLLARS ($5.00).
Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of
limitations or exclusions of liability, so the limitations and exclusions set out in
these Terms and Conditions may not apply to you.
YOUR OBLIGATIONS
You represent that you are at least 18 years old. You agree to provide true, accurate,
current and complete information about yourself.
You agree to use the Website in a manner consistent with any and all applicable laws,
rules, regulations, and these Terms and Conditions. You agree not to upload or transmit
through the Website any computer viruses, trojan horses, worms, or anything else
designed to interfere with, interrupt or disrupt the normal operating procedures of a
computer.
Your account, including your user name and password, are personal to you and may not be
used by anyone else. You are responsible for maintaining the confidentiality of your
user name and password and are fully responsible for all activities that occur under
your user name or password by you or by anyone else using your user name and password,
whether or not authorized by you. You will immediately inform us of any apparent
breaches of security such as loss, theft or unauthorized disclosure or use of your
username or password (contact us at
customerservice@rapiddiecut.com
) and until we are so notified you will remain liable for any unauthorized use of
your account.
Any unauthorized modification, tampering or change of any information, or any
interference with the availability of or access to this Website is strictly prohibited.
Rapid Die-Cut LLC reserves all rights and remedies available to it. You agree to
indemnify, release and hold us harmless as well as our officers, directors, agents,
representatives and employees from any claim, liability, loss, expense or demand,
including legal fees, related to your violation of these Terms and Conditions and your
access to and use of the Website.
MODIFICATION AND DISCONTINUATION
We reserve the right at any time to modify, edit, delete, suspend or discontinue,
temporarily or permanently this Website (or any portion thereof) with or without notice.
We will not be liable to you or to any third party for any such modification, editing,
deletion, suspension or discontinuance of this Website.
GENERAL
These Terms and Conditions, together with our Online Privacy Policy and Order Terms and
Conditions of Sale (as applicable), and all other click through agreements you may enter
into, which are expressly incorporated herein, contain the entire understanding between
you and us with respect to use of the Website. Our failure to enforce any provision of
these Terms and Conditions will not be deemed a waiver of such provision nor of the
right to enforce such provision. In the event any provision of these Terms and
Conditions is determined to be invalid, such invalidity will not affect the validity of
the remaining portions, and the parties will substitute for the invalid provision a
provision which most closely approximates the intent and economic effect of the invalid
provision. These Terms and Conditions will be governed by and construed under the laws
of the State of Michigan in the United States of America, without regard to conflict of
law principles. The Website is intended to be accessed only by persons in the United
States and Canada. Access to, or use of, this Website may be prohibited by law in
certain countries or jurisdictions. You are responsible for compliance with any
applicable laws of the country from which you are accessing the Website. You hereby
consent and waive all objection to the exclusive jurisdiction of the federal and state
courts in the State of Michigan and venue therein to resolve any controversy or claim
arising out of or relating to use of the Website. If you have any questions, you may
contact us, please refer to the contact info on our website.
These Terms of Use were last revised on January 1 2020