Terms & Conditions Mitchell's Speedway Press
We serve Oswego Printing, Syracuse Printing, Watertown Printing
Mitchell's Speedway Press Terms and conditions
Please read these terms and conditions before using this website, this includes industry standard printing trade terms
To avoid any hard feelings in the future, we provide our terms and conditions in advance for your use and knowledge. We will do our best to explain our terms and conditions in a simple manner, using plain English whenever possible.
Welcome to speedwaypress.com. This website is provided by Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press as a service to our customers. Please review the basic rules that govern your use of this website. These rules are also referred to as terms and conditions, and you should be aware that your use of the website constitutes your unconditional agreement to follow and be bound by these terms and conditions.
Every online printing firm has terms and conditions similar to ours, but you'll notice a big difference between them and us – our terms and conditions haven't been written by a team of corporate attorneys. There are no hidden gotchas here. It is our earnest desire to make it as easy as possible to do business with our printing firm.
Section A of our terms and conditions will specifically cover "orders placed" with speedwaypress.com, while Section B applies to "general" terms and conditions of doing business with Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway.
Section C is the industry trade customs we operate under for all order via the web or traditional methods.
Section D is additional website terms for anyone looking to "borrow" our content without asking.
SECTION A - Terms and Conditions for Ordering Printing
Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press
Satisfaction Guarantee
We stand 100% behind our products and services. Our goal is for you to be 100% satisfied. If you are not fully satisfied with your purchase, please call our customer service team by phone at 315-343-3531 within 30 days from the date that you receive your printing, and we will happily reprint part or all of your order. Depending on the situation, we may choose to refund the full price of the product(s) in question, excluding postage and freight.
Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press of Oswego | Syracuse | Watertown | Signs | Direct Mail | is wholly committed to our customers' satisfaction, and we continually strive to provide printing that reflects a craftsman's touch. We do everything possible to ensure the highest printing quality, accurate color reproduction, precise cutting and on-time delivery. However, there are certain circumstances or issues that are beyond our control and are not covered by our guarantee. Here is a list of things that can go wrong that we cannot be responsible for:
Typos on customer-submitted art. This includes spelling, punctuation, or grammatical errors that were made by the customer.
Ordering an incorrect quantity. We are not responsible when you accidentally order too much or too little, order the wrong size, choose the wrong type, or order the wrong product.
Damages to printed products or services that occur after delivery to the customer.
Design errors that have been submitted in a customer's artwork file.
Mistakes that occur when the file layout has incorrect information about custom services like folding, three-hole drilling, scoring, or die-cutting.
Color selection errors, design errors, or inferior-quality resolution files that have been submitted by the customer.
Shipping charges that occur because of an incorrect shipping address or other shipping-related errors caused by the customer.
We urge you to carefully spend a few moments proofing and double-checking your designs carefully. It probably sounds kind of obvious, but the least costly time to fix a mistake is before you place your order.
This guarantee is also subject to a few other terms and conditions:
Our full refund guarantee does not apply to shipping claims. However, we will reprint orders damaged or lost by UPS that are not covered by their reimbursement policies.
We ask that your original order be returned, at our cost, before we begin reprinting or issuing a refund for your order.
The maximum cash refund per order or customer is $500. The only remedy for orders over $500 is for us to reprint the order to correct the problem defects.
We are not responsible or liable for any damages or claims incurred by you or your business that are caused by printing materials which are defective or incomplete or which you received later than the estimated due date. This guarantee is limited (only) to reprinting of the original order quantity or refund of the purchase price of the order. In no event shall our liability to you for any reason exceed the amount actually paid to us, if any, for or through the use of this website.
Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press Oswego | Syracuse | Watertown | | Signs | Direct Mail | is not liable for U.S. Postal Service mistakes, loss, or delayed delivery times.
PAYMENT
This guarantee is limited to the full cost of us reprinting your original order or providing a cash refund of up to $500. This guarantee does not cover fees for mailing services or associated incidental or consequential damages or claims of any kind.
The prices for goods and services shown on this website are in US dollars ($USD), unless otherwise noted.
If a visitor to this site submits a request to purchase printing products or services, the visitor has become a user of this site, and the user agrees that all charges, taxes, and shipping fees will automatically be charged to the credit card or paid by the user with a pre-approved payment method.
Once an order for printing has been approved by the customer and "sent" to the site, no changes are allowed in the deadline times, the artwork files, or the job specifications. After an order for printing has been sent via the website, the customer is responsible for paying the entire amount of the order, unless otherwise noted. In some cases, the refund may be issued to the customer if no work has been started by Oswego | Syracuse | Watertown | Mitchell's Speedway Press Printing | Signs | Direct Mail | . We will only consider these types of refunds when you personally take responsibility to notify us by phone during normal working hours that are posted elsewhere on the site.
PAYMENT METHODS
All requests to purchase printing must be submitted with a mutually approved and agreed upon payment method. If you have any questions on payment plans, please call us at your earliest convenience.
Approved methods for payment include, but are not limited to, any of the following methods.
Credit card or debit card. This is how most of our customers pay us. We use a very secure server that encrypts your payment data so that only our computers can decode and understand it. Credit card payments are very safe with us.
Payment by check. We accept the business checks, but we may ask you to mail us a check before we begin to process your work.
Open accounts. We do accept open accounts at our printing firm for government and educational institutions and for pre-approved local and regional businesses. If you would like details about how to open an account at our printing firm, please call us in advance of placing your order. We'd be happy to discuss the details and explain the payment options and terms available to you.
PayPal to our account. This method needs pre approval.
SALES TAX POLICY
Mitchell's Speedway Press | Signs | Direct Mail | is required to collect state sales tax on all printing purchases shipped to any state(s) where we are required to pay sales tax. If your organization has a sales tax exemption, it is important to understand that is your responsibility to supply us with written copies of your sales tax exemption forms before your order is shipped.
ARTWORK FILES
The prepress department at Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press of Oswego | Syracuse | Watertown | Signs | Direct Mail | inspects most artwork files before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files. We encourage you to take a few moments and carefully inspect and proofread your files carefully before submitting them to our website. We provide easy-to-understand file preparation tutorials in the Help Center of our website. There, you will also find a large collection of layout templates that will make it much easier for you to create print-ready files. Finally, we would remind you that the postal and mailing regulations from the United States Postal Service are subject to change, and it is your sole responsibility to submit artwork that complies with the current mailing guidelines provided by the USPS.
SHIPPING
We allow customers to pick up completed jobs at our printing firm. We suggest that you call before visiting, so we can have everything ready to go for you.
Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press | Signs | Direct Mail | also delivers jobs locally. If you would like us to deliver your job, please add one extra day to the timeline of the project.
All other shipping is done via United Parcel Service (UPS). Through UPS, we provide next-day delivery, three-day delivery, and standard five-day ground.
EDITING, DELETING, OR MODIFICATION OF THIS WEBSITE
Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press reserves the right, for any reason, to edit this website. That means, without advance notice, we may suspend, discontinue, edit, or delete current offers, documents, information, products, services, or any other content appearing in this website.
MISCELLANEOUS
We are a locally owned company that does business regionally and nationally. If you are a locally owned neighboring business and find yourself in a "printing crisis," we urge you to simply pick up the phone and give us a call. We will do everything we can to help you solve your problem quickly and at a reasonable cost. Every customer is important to us, but sometimes we are able to do extraordinary things for our neighboring local businesses because of time and distance advantages. We often work early or late or weekends to hit important deadlines. Please call us, we can help.
SECTION B - GENERAL TERMS AND CONDITIONS
COPYRIGHT INFORMATION ABOUT THIS WEBSITE
This website is protected by copyright laws. The graphic design, content, and images on this website may not be reproduced, published displayed, or reproduced in any way, in whole or in part. This website is considered the intellectual property of Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press of Oswego | Syracuse | Watertown | Mitchell's Speedway Press Printing | Signs | Direct Mail | , and we respectfully ask that you not copy, transmit, distribute, or create a derivative work based upon the content and materials of this website.
This website contains a lot of content, ideas, tips, and articles related to printing, graphic arts, and marketing. This content is also subject to the US Copyright Act of 1976, Title 17 of the United States Code, and may not be copied for use in your publications or newsletters without prior written consent of Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press Oswego | Syracuse | Watertown | Signs | Direct Mail | . If you are a customer of Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press Oswego | Syracuse | Watertown | Signs | Direct Mail | and would like permission to use one of our articles in your company publication, please call us, and we would be happy to consider giving you permission to do so, as long as you would be willing to credit your source Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press Oswego | Syracuse | Watertown | Signs | Direct Mail | ).
THIRD PARTIES
Okay, this is kind of an odd one, but if you use this website to submit orders for a third-party, you are responsible for any error in the accuracy of the information provided in connection with such use. In other words, if a mistake is made, on behalf of a third-party, it is not our liability; it is yours. In addition, it is your responsibility to inform the third-party of all terms and conditions applicable to the purchase of their printed products or services. You, as the user of this site, agree to indemnify us and hold us harmless from, and against, any and all losses, liabilities, and lawsuits related to the third-party as a result of you using this site on their behalf. You, as the user, are directly responsible for any requests submitted and the related costs, fees, and performance obligations.
TERMINATION OF USAGE
We reserve the right to terminate or suspend access to all or any part of this site at any time, without notice, and without reason.
EMAIL
Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press of Oswego | Syracuse | Watertown | Signs | Direct Mail | is not responsible for any errors or delays in responding to requests for information or problems with an order caused by an incorrect e-mail address provided by you.
SECTION C Industry trade customs.
Graphic Communications Trade Customs and Business Practices have been in general use in the industry throughout the United States and Canada for more than seventy years. These trade customs and business practices were formally promulgated at the annual convention of the United Typothetae of America in 1922. They were revised and updated in 1945 and 1974, and were updated and adopted by the Graphic Arts Council of North America in 1985. A consortium of the Graphic Arts Technical Foundation (GATF), National Association of Printers and Lithographers (NAPL), and Printing Industries of America (PIA) revised them in 1994.
Quotation:
A quotation not accepted within 30 days may be changed. Quotes may or may not include sales tax.
Order:
Acceptance of orders is subject to credit approval and contingencies such as fire, water, strikes, theft, vandalism, acts of God, and other causes beyond Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press control. Canceled orders require compensation for incurred costs and related obligations.
Experimental Work:
Experimental or preliminary work performed at customer’s request will be charged to the customer at Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press current rates. This work cannot be used without Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press written consent.
Creative Work:
Sketches, copy, dummies and all other creative work developed or furnished by Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press are Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press exclusive property. Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press must give written approval for all use of this work and for any derivation of ideas from it.
Accuracy of Specifications:
Quotations are based on the accuracy of the specifications provided. Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press can requote a job at time of submission if copy, film, tapes, disks, or other input materials do not conform to the information on which the original quotation was based.
Electronic Manuscript or Image:
It is the customer’s responsibility to maintain a copy of the original file. Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final input. Until digital input can be evaluated by Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press, no claims or promises are made Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Layout files remain property of Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press. Any additional translating, editing, or programming needed to utilize customer-supplied files will be charged at prevailing rates.
Alterations/Corrections:
Customer alterations include all work performed in addition to the original specifications. We reserve the right to change this estimate and invoice if the specifications of the job are not accurately reflected. All such work will be charged at Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press current rates.
Prepress Proofs:
Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press will submit prepress proofs along with original copy for the customer’s review and approval. Corrections will be returned to Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press on a “master set” marked “OK,” “OK With Corrections” or “Revised Proof Required” and signed by the customer. Until the master set is received, no additional work will be performed. Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press will not be responsible for undetected production errors
if:
• proofs are not required by the customer;
• the work is printed per the customer’s OK;
• requests for changes are communicated orally .
Press Proofs:
Press proofs will not be furnished unless they have been required in writing in Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press quotation. A press sheet can be submitted for the customer’s approval as long as the customer is present at the press during make-ready. Any press time lost or alterations/corrections made because of the customer’s delay or change of mind will be charged at Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press current rates.
Color Proofing:
Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected. When variation of this kind occurs, it will be considered acceptable performance.
Over-runs or Under-runs:
Over-runs or under-runs will not exceed 10 percent of the quantity ordered. Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press will bill for actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation. Normal taxes and lead times apply on all quotes. Printed product must be picked-up within 30 days of completion or it maybe subject to warehousing fees or disposal.
Customer’s Property:
Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press will only maintain fire and extended coverage on property belonging to the customer while the property is in Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press possession. Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press liability for this property will not exceed the amount recoverable from the insurance. Additional insurance coverage may be obtained if it is requested in writing, and if the premium is paid to Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press.
Delivery:
Unless otherwise specified, the price quoted is for a single shipment, without storage, F.O.B. provider’ s platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press, or from the customer’s supplier to Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press, are not included in quotations unless specified. Title for finished work passes to the customer upon delivery to the carrier at shipping point; or upon mailing of invoices for the finished work or its segments, which ever occurs first.
Production Schedules:
Production schedules will be established and followed by both the customer and Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press. There will be no liability or penalty for delays due to state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other causes beyond the control of Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press. In such cases, schedules will be extended by an amount of time equal to delay incurred.
Customer-Furnished Materials:
Materials furnished by customers or their suppliers are verified by delivery tickets Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press bears no responsibility for discrepancies between delivery tickets and actual counts. Customer-supplied paper must be delivered according to specifications furnished by Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, film, color separations, special dies, tapes, disks, or other materials furnished by the customer must be usable by Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press without alteration or repair. Items not meeting this requirement will be repaired by the customer, or by Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press at Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press current rates.
Outside Purchases:
Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.
Terms/Claims/Liens:
Payment is net cash 30 calendar days from date of invoice. Claims for defects, damages or shortages must be made by the customer in writing no later than 10 calendar days after delivery. If no such claim is made, Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press performance has fully satisfied all terms, conditions, and specifications.
Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press liability will be limited to the quoted selling price of defective goods, without additional charge for special or consequential damages. As security for payment of any sum due under the terms of an agreement, Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press has the right to hold and place a lien on all customer property in Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press possession. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made, the customer is liable for all collection costs incurred.
Liability:
Disclaimer of Express Warranties: Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press warrants that the work is as described in the purchase order. The customer understands that all sketches, copy, dummies, and preparatory work shown to the customer are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed.
Disclaimer of Implied Warranties: Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press warrants only that the work will conform to the description contained in the purchase order. Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in dispute. Under no circumstances will Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press be liable for specific, individual, or consequential damages.
Indemnification:
The customer agrees to protect Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press from economic loss and any other harmful consequences that could arise in connection with the work. This means that the customer will hold Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press harmless and save, indemnify, and otherwise defend him/her against claims, demands, actions, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.
Copyrights: The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognizes that because subject matter does not have to bear a copyright notice in order to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The customer further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the customer agrees to indemnify and hold Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.
Personal or economic rights: The customer also warrants that the work does not contain anything that is libelous or scandalous, or anything that threatens anyone’s right to privacy or other personal or economic rights. The customer will, at the customer’s sole expense, promptly and thoroughly defend Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press in all legal actions on these grounds as long as Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press promptly notifies the customer of the legal action and gives the customer reasonable time to undertake and conduct a defense. Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press reserves the right to use sole discretion in refusing to print anything Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press deems illegal, libelous, scandalous, improper or infringing upon copyright law.
Storage:
Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press will retain intermediate materials until the related end product has been accepted by the customer. If requested by the customer, intermediate materials will be stored for an additional period for additional charge. Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press is not liable for any loss or damage to stored material beyond what is recoverable by Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press fire and extended insurance coverage.
Taxes:
All amounts due for taxes and assessments will be added to the customer’s invoice and are the responsibility of the customer. No tax exemption will be granted unless the customer’s “Exemption Certificate”, resale card, (or other official proof of exemption) accompanies the purchase order. If, after the customer has paid the invoice, it is determined that more tax is due, then the customer must promptly remit the required taxes to the taxing authority, or immediately reimburse Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press for any additional taxes paid.
Telecommunications:
Unless otherwise agreed, the customer will pay for all transmission charges. Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press is not responsible for any errors, omissions, or extra costs resulting from faults in the transmission.
Section D. Additional Terms & Conditions website
This Web Site (the "Site") is owned and presented by Mitchell Printing & Mailing DBA as Mitchell's Speedway Press as a service to our customers and friends. Your use of the Site is expressly conditioned upon your acceptance of these Terms of Use. We reserve the right to refuse access to any user who violates the law or these Terms of Use.
Except where otherwise indicated, the Site and all text, images, graphics, photographs, drawings, designs, audio, video, data, software, files, trademarks, service marks, trade names, and other information contained on the Site, are the exclusive property of Mitchell Printing & Mailing DBA as Mitchell's Speedway Press. You may not reproduce, copy, retransmit, or modify any of the content of the Site without the express written authorization of Mitchell Printing & Mailing DBA as Mitchell's Speedway Press.
The Site contains links to other sites on the Internet. These links are provided for your information and convenience. The linked-to sites are not under the control of Mitchell Printing & Mailing DBA as Mitchell's Speedway Press. Mitchell Printing & Mailing DBA as Mitchell's Speedway Press makes no warranties, endorsements, recommendations, or representations whatsoever concerning the content of these other sites.
THE INFORMATION AND MATERIALS ON THIS SITE ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. Mitchell Printing & Mailing DBA as Mitchell's Speedway Press DOES NOT GUARANTY THAT ANY INFORMATION ON THE SITE IS ACCURATE OR CURRENT. Mitchell Printing & Mailing Inc. DBA Mitchell’s Speedway Press MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE. ALL IMPLIED AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE WARRANTY OF NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. Mitchell Printing & Mailing DBA as Mitchell's Speedway Press RESERVES THE RIGHT TO CHANGE THE CONTENT OF THE SITE AT ANY TIME WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, Mitchell Printing & Mailing DBA as Mitchell's Speedway Press EXPRESSLY DISCLAIMS ALL LIABILITY FOR, AND YOU AGREE TO INDEMNIFY AND HOLD MITCHELL PRINTING & MAILING INC. DBA MITCHELL'S SPEEDWAY PRESS FOR, ANY DAMAGES OR LOSSES AS A RESULT OF YOUR USE OF OR INABILITY TO USE THE SITE, THE INFORMATION YOU PROVIDE TO THE SITE, OR YOUR RELIANCE ON THE INFORMATION CONTAINED ON THE SITE.
Any transaction or occurrence in connection with the Site shall be deemed to have been entered into or to have occurred in the State of New York and shall be governed by the laws of the State of New York. Jurisdiction and venue for any and all disputes arising from your use of the Site shall lie exclusively in the state and federal courts in and for Oswego County, New York.
In addition to the preceding general terms of use for the Site, the following additional terms and conditions (the "Additional Terms and Conditions") shall apply to all orders you place through Mitchell Printing & Mailing DBA as Mitchell's Speedway Press online services. By utilizing the online services, you agree to be bound by these additional terms and conditions.
You are solely responsible for the content that you submit to the Site in connection with an order for online services, including but not limited to all text, images, graphics, logos, videos, materials, or other information (collectively "Your Content"). You acknowledge and agree that Mitchell Printing & Mailing DBA as Mitchell's Speedway Press has no independent responsibility to verify the accuracy of Your Content once it is submitted to the Site. Mitchell Printing & Mailing DBA as Mitchell's Speedway Press warrants only that the online services shall be delivered in material compliance with these Additional Terms and Conditions and will materially reflect Your Content as submitted to the to the Site. Your sole and exclusive remedy for breach of this Warranty shall be to receive a credit toward a future order for Online Services equal to the amount paid (less postage).
When you submit Your Content to the site, you warrant and represent that you have all necessary rights in Your Content and that neither Your Content, nor the use of Your Content in connection with the Online Services, violates the intellectual property or other rights of any third party. You agree to defend and to indemnify Mitchell Printing & Mailing DBA as Mitchell's Speedway Press from and against any and all liability, damages, costs, and expenses (including reasonable attorney fees) arising from claims that Your Content or the use of Your Content in connection with the online services, violates the intellectual property or other rights of any third party.
Mitchell Printing & Mailing DBA as Mitchell's Speedway Press may refuse to accept any order for Online Services or to terminate or suspend any order for Online Services, at any time in its sole discretion.
EXCEPT AS EXPRESSLY SET FOR HEREIN TO THE CONTRARY, Mitchell Printing & Mailing DBA as Mitchell's Speedway Press MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE ONLINE SERVICES, AND ALL SUCH WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
IN NO EVENT SHALL Mitchell Printing & Mailing DBA as Mitchell's Speedway Press BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF Mitchell Printing & Mailing DBA as Mitchell's Speedway Press WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Mitchell Printing & Mailing DBA as Mitchell's Speedway Press Reserves the right to amend or modify these Terms of Use and these Additional Terms and Conditions, at any time without notice.
ENTIRE AGREEMENT
The terms and conditions listed here supersede any prior understanding or agreement (whether oral or written) regarding the subjects related to printing products and services that are presented on this website. If any provisions of this agreement are found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions will not in any way be affected or nullified.