Lewis Color - FacebookLewis Color - LinkedIn Subscribe to our Mailing List
HomeTerms of Service

Terms of Service

Welcome to our website. We provide our website as a service to our customers. Please review the following basic rules which constitute our "Terms Of Service" and "Legal Notices", which govern your use of our website. By using our website you agree to be bound by the terms and conditions set forth below, and our Privacy Policy and all disclaimers of other terms and conditions that appears elsewhere on our website (collectively the "Agreement"). Your use of our website constitutes your agreement to follow and be bound by the Agreement. If you do not agree to be bound by the Agreement, please do not use our website. Although you may "bookmark" a particular portion of our website and thereby bypass the Agreement, your use of (or clicking onto) any portion or page of our website still binds you to the Agreement. Since we may revise the Agreement at any time, we recommend that you visit this page periodically to review the Agreement.

General Information

Any original media (discs, pictures, slides, proofs, etc.) are non-refundable and become our property unless pre- arrangements are made. Preferred file type is Adobe PDF. Acceptable applications for Mac & PC include (but are not limited to) Quark Xpress, Adobe PageMaker, Adobe Illustrator, Adobe InDesign, Adobe Photoshop, and Adobe PDF. Additional charges may apply if furnished media are incompatible with our software. We cannot guarantee consistent results if files are generated by other applications like Microsoft Publisher. For best results, all rasterized files should be converted to CMYK. All fonts must be included or embedded. Images must be flattened with CMYK in TIFF or EPS format. Proofs will be emailed or shipped out within 24 hours of receipt of files and order form. Turnaround time begins after receipt of final proof approval. Final approval will only be accepted in written format. No verbal approvals will be accepted. Job is considered complete if within +/-5%. Custom quoted prices do not include any shipping, handling or any taxes (if applicable) unless otherwise noted on your custom estimate. Online calculator will give you the estimated shipping cost, but could change if our shipper changes their prices. Prices are subject to change without notice. All jobs require payment in full upon acceptance of order. Unless other payment terms have been previously arranged and account is up to date, your credit card will be charged upon placement of order.

Order Cancellation Policy

Orders that are cancelled are subject to a cancellation fee based on the current production status of your job. The fees are as follows:
$15.00 PRIOR to a proof of being sent.
$35.00 AFTER a proof of being sent, but PRIOR to customer approval.
There will be no refunds of any kind AFTER a job has been approved. ALL REFUNDS WILL BE IN THE FORM OF IN-HOUSE CREDIT!

Customer Supplied Proofs

For each job, the customer may be required to supply a color hardcopy proof of their job when placing their order. If the job is two-sided, folds or binds (like brochures and catalogs), then a working model (mockup) of the job is required to indicate the backup, page orientation, folding, binding and page order/assignment. We are not responsible for any such errors if a working model is not provided prior to proofing.

Color Proof Accuracy

Please note that although color proofs supplied to the customer are highly calibrated and very accurate, they cannot match the final printed product 100%. This is due to the fact that proofs are created in a different way than the printed piece (ink, paper stock, registrations, line screens, etc.).

Right or Refusal

We reserve the right to refuse service or products to any person or organization.

Turnaround Time.

Although we make every possible effort to turn jobs around in the estimated time offered, your job may require more time due to unforeseeable uncontrollable circumstances or finishing services added onto the job. We will not credit customers if a job runs past the estimated turnaround time. TURNAROUND TIMES ARE AN ESTIMATE, NOT A GUARANTEE!

Proprietary rights

Unless otherwise noted, all written and/or other materials that are part of our website, including information, images, illustrations, designs, icons, data, software, photographs, graphs, videos, typefaces, graphics, music, sound and other material (collectively “"Content"”), are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate, in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and we own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all content. Our trademarks, logos, and other trademarks on our website are the property of their respective owners and are owned by, licensed to, or, where required, used with our permission, and, as such, may not be produced, copied or manipulated in any manner without the express, written approval of the owner.

NO WARRANTIES; LIMITATION OF LIABILITY

OUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO THE CONTENT ON THIS WEBSITE IS AT YOUR SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL WE AND/OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF OUR WEBSITE, WITH THE DELAY OR INABILITY TO USE OUR WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH OUR WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF OUR WEBSITE, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, EVEN IF WE OR ANY OF OUR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE. LEWIS COLOR, INC. LIABILITY SHALL BE LIMITED TO THE STATED SELLING PRICE TO THE CUSTOMER OF ANY DEFECTIVE GOODS, AND SHALL IN NO EVENT INCLUDE SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS. LEWIS COLOR, INC. WARRANTS THAT EVERY PRODUCT MANUFACTURED BY IT MEETS INDUSTRY STANDARD FOR SUCH PRODUCT AND IS FREE OF ANY MATERIAL DEFECT IN WORKMANSHIP. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. LEWIS COLOR INC. MAKES NO OTHER WARRANTY AND NO ACTIONS OR WORDS OF LEWIS COLOR INC. OR ITS OFFICERS, EMPLOYEES OR AGENTS SHALL CONSTITUTE A WARRANTY.

Security

Tampering with our website, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on our website are prohibited. Users are prohibited from violating or attempting to violate the security of our website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using our website for unintended purposes or trying to change the behavior of our website; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to our website, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of our website (impersonating our website), or to our website (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on our behalf, including promotions and/or advertising of products or services, is expressly prohibited. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of our website or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, or intelligent agents) to navigate or search our website other than the search engine and search agents provided by us (if any) or by generally publicly available and acceptable browsers. If and when requested, you agree to provide true, accurate and complete user information to us, and to refrain from impersonating or falsely representing your affiliation with any person or entity.

Errors, Corrections and Changes

Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies or omissions. Additionally, we reserve the right to change or update information at any time without prior notice, including these Terms of Service.

Information & Content You Submit to Us

By using our website, you agree that any information (except for purchase information as applicable), materials, suggestions, ideas or comments you send to us or any other third party using our website is not confidential. By submitting any solicited or unsolicited information using our website, you grant to us and our affiliates an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever, to the extent permitted by law. We are not responsible for the content you provide to us. Specifically, we are not responsible for any content that violates trademark, copyright, or other intellectual property rights, including but not limited to the use of a union bug. We are not a union shop and are not authorized to print materials with a union bug. If you submit content with a union bug, we will not print any such content if the union bug is observed during our quality control process. Jobs that violate this union bug policy will automatically forfeit monies collected. Refunds, credits, or partial refunds will be at the sole discretion of our company.

Indemnity

You agree to indemnify, defend and hold us harmless, its partners, affiliates, subsidiaries and suppliers from any liability, loss, claim and expense (including attorneys' reasonable fees) related to your violation of this agreement. You specifically agree to defend, indemnify, and hold us harmless from any and all claims arising from the improper use of trademark, copyright, or other protected material, including but not limited to the use of a union bug.

Third Party Websites & Links

Our website may contain links to other websites that are not under our control ("Third-Party Websites"). We provide links solely for the convenience and information of our website users. We do not warrant or make any representation about the substance, quality, functionality, accuracy for a particular purpose, merchantability or any other representation about any third-party website or its content. A link to a third-party website on our website does not constitute sponsorship, endorsement, approval or responsibility for any third-party website. We make no representation or warranty as to any products or services offered on any third-party website. The conditions of use and privacy policy of any third-party website may differ substantially from the Terms of Use and Legal Notices that apply to your use of our website. Please review the conditions of use for all third-party websites for more information about the terms and conditions that apply to your use of Third-Party Websites.

Applicable Law & Other Terms

Our Website is created, operated and controlled in the state Georgia, in the United States of America. The laws of the State of Georgia will govern the agreement without giving effect to any principles or conflicts of laws. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Georgia, county of Bulloch in all disputes arising out of or relating to the use of our website. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and us with respect to our website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.


Manufactured solely in the United States © Copyright 2011 - Lewis Color, Inc. • 30 Joe Kennedy Blvd. • Statesboro, GA 30458 • 1-800-346-0371