1. Your Acceptance

[a] By using and/or visiting this website (collectively, including all content and functionality available through the procolorprints.com domain name, the “ProColor Prints Website”, or “Website”), you signify your agreement to (i) these terms and conditions, and (ii) ProColor Prints’s privacy notice, found at Privacy. If you do not agree to any of these terms, or the ProColor Prints privacy notice, please do not use the ProColor Prints Website.

[b] Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. ProColor Prints may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

2. ProColor Prints Website

[a] These Terms of Use apply to all users of the ProColor Prints Website, including users who are also contributors of content, information, and other materials or services on the Website. The ProColor Prints Website includes all aspects of usertutor.org, usertutor.net, usertutor.org, usertutor.ca and related subdomains.

[b] The ProColor Prints Website may contain links to third party websites that are not directly owned or controlled by ProColor Prints. ProColor Prints has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. In addition, ProColor Prints will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve ProColor Prints from any and all liability arising from your use of any third-party website.

[c] Accordingly, we encourage you to be aware when you leave the ProColor Prints Website and to read the terms and conditions and privacy policy of each other website that you visit.

3. ProColor Prints Accounts

[a] In order to access some features of the Website, you will have to create a ProColor Prints account. You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ProColor Prints immediately of any breach of security or unauthorized use of your account.

[b] Although ProColor Prints will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ProColor Prints or others due to such unauthorized use.

4. General Use of the Website — Permissions and Restrictions

ProColor Prints hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

[a] You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without ProColor Prints’s prior written authorization.

[b] You agree not to alter or modify any part of the Website, including but not limited to any of its related technologies.

[c] You agree not to access User Submissions (defined below) or ProColor Prints Content through any technology or means that would give appearance that such content originated outside the ProColor Prints website.

[d] You agree not to use the Website for any commercial use, without the prior written authorization of ProColor Prints. Prohibited commercial uses include any of the following actions taken without ProColor Prints’s express approval:

Sale of access to the Website or its related services on another website; use of the Website or its related services, for the primary purpose of gaining advertising or subscription revenue; the sale of advertising, on the ProColor Prints website or any third-party website, targeted to the content of specific User Submissions or ProColor Prints content; and any use of the Website or its related services that ProColor Prints finds, in its sole discretion, to use ProColor Prints’s resources or User Submissions with the effect of competing with or displacing the market for ProColor Prints, ProColor Prints content, or its User Submissions.

[e] You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the ProColor Prints servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ProColor Prints grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ProColor Prints reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website (e.g. comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

[f] In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Use, and all applicable local, national, and international laws and regulations.

[g] ProColor Prints reserves the right to discontinue any aspect of the ProColor Prints Website at any time.

5. Content

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the ProColor Prints Website.

[a] The content on the ProColor Prints Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like; and the trademarks, service marks and logos contained therein (“Content”), are owned by or licensed to ProColor Prints, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ProColor Prints reserves all rights not expressly granted in and to the Website and the Content.

[b] You may access User Submissions solely for your information and personal use, as intended through the normal functionality of the ProColor Prints Service.

[c] Comments are made available to you for your information and personal use solely as intended through the normal functionality of the ProColor Prints Service. User Comments are made available AS IS, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the ProColor Prints Service or otherwise as prohibited under this Agreement.

[d] You may access ProColor Prints Content, User Submissions and other content only as permitted under this Agreement. ProColor Prints reserves all rights not expressly granted in and to the ProColor Prints Content and the ProColor Prints Service.

[e] You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

[f] You agree not to circumvent, disable or otherwise interfere with security-related features of the ProColor Prints Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ProColor Prints Website or the Content therein.

[g] You understand that when using the ProColor Prints Website, you will be exposed to User Submissions from a variety of sources, and that ProColor Prints is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ProColor Prints with respect thereto, and agree to indemnify and hold ProColor Prints, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

6. User Submissions

[a] As a ProColor Prints account holder and/or Website user you may submit content, inclusive of but not limited to comments, opinions, permitted media, third-party website links, and the like. Further, as a third-party website owner and/or administrator you may submit, or permit by license, access to your website content for display or reproduction or redistribution through the ProColor Prints Website. Such content is collectively referred to as “User Submissions.” You understand that whether or not such User Submissions are published, ProColor Prints does not guarantee any confidentiality with respect to any User Submissions.

[b] You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize ProColor Prints to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.

[c] For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to ProColor Prints, you hereby grant ProColor Prints a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the ProColor Prints Website and ProColor Prints’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the ProColor Prints Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the ProColor Prints Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you terminate within a commercially reasonable time after you request removal or deletion of your User Submission(s) from the ProColor Prints Service. You understand and agree, however, that ProColor Prints may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Submissions are perpetual and irrevocable, except where limited or distinguished in written, publicly accessible form relating to third-party website owner and/or administrator submissions permitted by license. In such cases, the current license posted and granted of the related third-party website will take precedence.

[d] In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ProColor Prints all of the license rights granted herein.

[e] ProColor Prints does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ProColor Prints expressly disclaims any and all liability in connection with User Submissions. ProColor Prints does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ProColor Prints will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. ProColor Prints reserves the right to remove Content and User Submissions without prior notice.

7. Account Termination Policy

[a] ProColor Prints will terminate a User’s access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer.

[b] ProColor Prints reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. ProColor Prints may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

8. CHAPTER C-42 Copyright Act

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a written notification pursuant to the CHAPTER C-42 Copyright Act. For questions, or to notify ProColor Prints that such written notification is pending, reach us at our Contact page.

9. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE ProColor Prints WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ProColor Prints, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. ProColor Prints MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY

(i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

(ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,

(iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,

(v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR

(vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ProColor Prints WEBSITE.

ProColor Prints DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ProColor Prints WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ProColor Prints WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. 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.

10. Limitation of Liability

IN NO EVENT SHALL ProColor Prints, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY

(i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,

(ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,

(iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

(iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE,

(v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR

(vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ProColor Prints WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT ProColor Prints SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is offered by ProColor Prints from its hosted facilities in the United States of America, and controlled from its corporate location in Canada. ProColor Prints makes no representations that the ProColor Prints Website is appropriate or available for use in other locations. Those who access or use the ProColor Prints Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

11. Indemnity

You agree to defend, indemnify and hold harmless ProColor Prints, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

(i) your use of and access to the ProColor Prints Website;

(ii) your violation of any term of these Terms of Use;

(iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or

(iv) any claim that one of your User Submissions caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Use and your use of the ProColor Prints Website.

12. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

13. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ProColor Prints without restriction.

14. General

You agree that:

(i) the ProColor Prints Website shall be deemed based in Alberta, Canada; and

(ii) the ProColor Prints Website shall be deemed a passive website that does not give rise to personal jurisdiction over ProColor Prints, either specific or general, in jurisdictions other than Alberta, Canada.

These Terms of Use shall be governed by the internal substantive laws of the Province of Alberta, without respect to its conflict of laws principles. Any claim or dispute between you and ProColor Prints that arises in whole or in part from the ProColor Prints Website shall be decided exclusively by a court of competent jurisdiction located in or as close to High River, Alberta, Canada. These Terms of Use, together with the Privacy Statement and any other legal notices published by ProColor Prints on or through the Website, shall constitute the entire agreement between you and ProColor Prints concerning the ProColor Prints Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and ProColor Prints’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. ProColor Prints reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the ProColor Prints Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND ProColor Prints AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ProColor Prints WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.