TERMS AND CONDITIONS
Revised June 17, 2016
Welcome to our online store! Next Day Four Color and its associates provide their services to you subject to the following conditions. If you visit or shop within our websites, you accept these conditions. Please read them carefully.
Privacy
Please review our Privacy Policy, which also governs your visit to our websites, to understand our practices.
Electronic Communications
When you visit Next Day Four Color or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.
Copyright
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Next Day Four Color or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Next Day Four Color, with copyright authorship for this collection by Next Day Four Color, and protected by international copyright laws.
Trade Marks
Next Day Four Colors trademarks and trade dress may not be used in connection with any product or service that is not Next Day Four Colors, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Next Day Four Color. All other trademarks not owned by Next Day Four Color or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Next Day Four Color or its subsidiaries.
License and Site Access
Next Day Four Color grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Next Day Four Color. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Next Day Four Color. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Next Day Four Color and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Next Day Four Colors name or trademarks without the express written consent of Next Day Four Color. Any unauthorized use terminates the permission or license granted by Next Day Four Color. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Next Day Four Color so long as the link does not portray Next Day Four Color, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Next Day Four Color logo or other proprietary graphic or trademark as part of the link without express written permission.
Your Membership Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our websites only with involvement of a parent or guardian. Next Day Four Color and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Reviews, Comments, Emails, and Other Content
Visitors may submit content, suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Next Day Four Color reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do submit content or material, and unless we indicate otherwise, you grant Next Day Four Color and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Next Day Four Color and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you submit: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Next Day Four Color or its associates for all claims resulting from content you supply. Next Day Four Color has the right but not the obligation to monitor and edit or remove any activity or content. Next Day Four Color takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from Next Day Four Color are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions, Color Matching and Quantities
Next Day Four Color and its associates attempt to be as accurate as possible. However, Next Day Four Color does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Next Day Four Color itself is not as described, your sole remedy is to return it promptly and in unused condition. Next Day Four Color will, however, attempt, without obligation, to work out an equitable solution.
Due to the the inconsistencies inherent in the printing process, no printing company can print every color available. We, therefore, do not color match. However, we will make an effort to find a "respectable color" (printing industries' standard) that is as close as possible to your provided colors.
Next Day Four Color offers our products in industry standard size boxes. These boxes are designed to hold certain quantities of a given product. We do not expressly count or guarantee a given quantity. Some stocks are thicker than others and therefore prevent filling the box with as large a quantity as thinner stocks.
Pricing and Fees
All prices and fees are subject to change. All Job Orders are "Print to Order" and because of the many variations and options the listed prices are just estimated and are subject to change. Next Day Four Color reserves the right to increase the job price as needed by up to 10% without prior consent. Next Day Four Color reserves the right to increase the job price as needed for any rush job without prior consent. Non-refundable proofing fees may be incurred for each proof. Cancellation fees will apply to all canceled jobs and are scaled according job price and status. There will be no refunds after 90 days from date of purchase.
Turnaround Times, Delays, and Discrepancies
Turnaround times are estimated and not guaranteed. They do not include any shipping time. Discrepancies between the selected Order options and the submitted artwork or comments will cause delays. Though we will try to resolve these, Next Day Four Color can not be responsible for any errors caused by any such discrepancies.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY NEXT DAY FOUR COLOR ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEXT DAY FOUR COLOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NEXT DAY FOUR COLOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEXT DAY FOUR COLOR DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM NEXT DAY FOUR COLOR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEXT DAY FOUR COLOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting Next Day Four Color, you agree that the laws of the state of Texas, United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Next Day Four Color or its associates.
Disputes
Any dispute relating in any way to your visit to Next Day Four Color or to products you purchase through Next Day Four Color shall be submitted to confidential arbitration in Texas, United States of America, except that, to the extent you have in any manner violated or threatened to violate Next Day Four Colors intellectual property rights, Next Day Four Color may seek injunctive or other appropriate relief in any state or federal court in the state of Texas, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Messages, Policies, Modification, and Severability
When visiting or shopping within our websites, the websites may display various messages, explanations and warnings. These along with our other policies, such as our Privacy Policy, posted on this site also govern your visit to Next Day Four Color. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Questions:
Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff via our Customer Service page or using the information below.
Next Day Four Color
11923 Cutten Road
Houston, TX 77066
713-468-6342