Terms and Conditions

Terms & Conditions

THE FOLLOWING TERMS AND CONDITIONS APPLY TO ANY INTERACTION WITH VERT, A DIVISION OF UNDERGROUND PRINT LLC (“UNDERGROUND PRINT”), UNDERGROUND PRINT, OR ANY OF ITS AGENTS AND AFFILIATES (COLLECTIVELY, THE “COMPANY”). AS USED HEREIN, “VERT,” “UNDERGROUND PRINT,” “WE”, “US” OR “OUR” MEANS THE COMPANY, AND “MEMBER,” “YOU” OR “YOUR” REFERS TO YOU. BY VISITING VERTPACK.COM, SHOP.VERTPACK.COM, OR UNDERGROUNDPRINT.IO (EACH A “SITE” AND COLLECTIVELY, THE “SITES”), REGISTERING WITH ANY SITE, OR OTHERWISE USING ANY SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS RELATED TO SUCH SITE AND ANY ORDERS FOR GOODS OR SERVICES THROUGH SUCH SITE (COLLECTIVELY, THE "TERMS AND CONDITIONS"). IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, PLEASE DO NOT USE ANY OF THE SITES OR ANY SERVICES OFFERED OR ACCESSED THROUGH SUCH SITES.

WEBSITE TERMS AND CONDITIONS

Copyright Notice

You acknowledge that all content included on the Sites , including, without limitation, the information, data, software, photographs, graphs, typefaces, graphics, images, illustrations, maps, designs, icons, written and other material and compilations (collectively, "Content") are intellectual property and copyrighted works of Underground Print, its licensees, and/or various third-party providers ("Providers"). Reproductions or storage of Content retrieved from any Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code. Except where expressly provided otherwise by us, nothing made available to members via a Site may be construed to confer any license or ownership right in or to materials published or otherwise made available through a Site or its services, whether by estoppel, implication, or otherwise. All rights not granted to you in the Terms and Conditions are expressly reserved by us.

Corporate Identification and Trademarks

“Underground Print,” "Undergroundprint.io," “Vert,” “vertpack,” “vertpack.com” and any and all other marks appearing on a Site are trademarks of Underground Print in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, republish, upload, post, transmit distribute or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on a Site, without Underground Print’s prior written consent.

Member Conduct & Eligibility

Member Content. You are solely responsible for the content and context of any materials you post or submit through a Site. You warrant and agree that while using a Site, you shall not upload, post, transmit, distribute or otherwise publish through a Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other member from using or enjoying a Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (d) contain a virus or other harmful component; or (e) contain false or misleading indications of origin or statements of fact.

Member Registration. As a condition of your use of certain services offered through a Site, you may be required to register an account with us and must provide true and accurate account information at all times (including, without limitation, ensuring that your account information remains current at all times.) You agree to promptly update your membership information (if applicable) in order to keep it current, complete and accurate.

Account Security. You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized person gains access to the password-protected area of a Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.

Minimum Age. Each Site and its services are intended solely for persons who are 18 years of age or older. Any access to or use of a Site or its service by anyone under 18 years of age is expressly prohibited. By accessing or using a Site, you represent and warrant that you are 18 years old or older.

Use Restrictions

You may only use a Site to make legitimate requests to purchase the products or services offered (each, a "Purchase Request"), and shall not use any Site to make any speculative, false or fraudulent Purchase Request. You may not use robots or other automated means to access any Site, without the express written permission of the Company. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of any of our Sites.

It is a violation of law to place a Purchase Request in a false name or with an invalid credit card. Fraudulent users may be prosecuted to the fullest extent of the law. Even if you do not give us your real name, you should be aware that your web browser transmits a unique internet address to us that can be used by law enforcement officials to identify you.

You may electronically copy and print in hard-copy reasonably portions of a Site for the sole purpose of using such Site as a shopping resource. Any other use of materials or Content on our Sites, including reproduction for a purpose other than that noted above, without the Company’s prior written consent is prohibited.

In consideration of being allowed to use our Site, in addition to the foregoing limitations on use, you agree that the following actions shall constitute a material breach of these Terms and Conditions:

Collecting information about a Site or users of that Site without our written consent;

Modifying, framing, rendering (or re-rendering), mirroring, truncating, injecting, filtering or changing any content or information contained in a Site, without our written consent.Using any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, input information, acquire information, store information, generate impressions or clicks, search, generate searches, or monitor a Site or any portion thereof;

Accessing or using a Site for purposes of competing with such Site;

Disguising the origin of information transmitted to, from, or through a Site.

Impersonating another person;

Distributing viruses or other harmful computer code;

Allowing any other person or entity to impersonate you to access or use a Site;

Using a Site for any purpose in violation of local, state, national, or international laws;

Using a Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others; and

Circumventing any measures implemented by us aimed at preventing violations of the Terms and Conditions.

We expressly reserve the right, in our sole discretion, to terminate any Member or other user’s access to any or all areas of a Site due to any act that would constitute a violation of these Terms and Conditions.

Linking to a Site

Running or displaying a Site or any material or content displayed on a Site in frames or through similar means on another website without our prior written consent is prohibited. Any permitted links to a Site must comply will all applicable laws, rule and regulations.

Copyright

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. If you believe in good faith that materials appearing on any Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. You are required to follow the requirements set forth below to file a notification:: Provide your name, address, telephone number, and e-mail address (if available); Identify in writing the material on the Site that you allege is infringing upon the copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (e.g., the user name of the alleged infringer and the business listing it is posted under);Include a statement that you, the complaining party, has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law ("I have a good faith belief that the use of the content on the Site as described above is not authorized by the copyright owner, its agent, or law.");

Include a statement under penalty of perjury that the information in the notification is accurate and that you are (or are authorized to act on behalf of) the owner of an exclusive right that is allegedly infringed (“I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf.")

"I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner’s behalf."; and

Provide your physical or electronic signature as the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.If you believe that Materials have been mistakenly removed pursuant to a claim filed under the DMCA, you are required to follow the below procedure to file a counter-notification:Identify in writing the material that was removed or disabled from access, and provide a description that reasonably identifies the location of the material prior to its removal;

Include the following statement:

"I swear under penalty of perjury that the material that was removed or disabled from access was due to a result of mistake or misidentification of the material to be removed or disabled.";

Provide your name, address, telephone number, email address (if available); Provide a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and

Provide your physical or electronic signature.

Any such written communication shall be sent to: Underground Print LLC, 2770 Arapahoe Road, Suite 132-713, Lafayette CO 80026.
You can find more information is the U.S. Copyright Office website, currently located at http://www.loc.gov/copyright.

Links to Third Party Websites

From time to time, a Site may contain links to websites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave our Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so entirely at your own risk. You agree and acknowledge that we are not responsible for the availability or contents of any website or service we do not operate.

Privacy

You confirm that you have read, understood and agree to the Company’s Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable and satisfactory to you. You consent to the use of your personal information by the Company, its third-party providers, and/or distributors in accordance with the terms of and for the purposes set forth in the Company Privacy Policy. If you are not a resident of the United States, please note that the personal information you submit to a Site will be transferred to the United States and processed by the Company in order to provide that Site and its services to you, or for such other purposes (as set forth in the Privacy Policy).

Third Parties

If you use a Site to submit a Purchase Request for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Purchase Request submitted, including related fees, charges and performance obligations. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through a Site, including all rules and restrictions applicable thereto.

DISCLAIMER OF WARRANTIES

EACH SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH SUCH SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. UNDERGROUND PRINT DOES NOT WARRANT THAT ANY SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS MAKE NO WARRANTY THAT (i) ANY SITE, SERVICES, SOFTWARE, PRODUCTS AND MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (ii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SITE, SERVICES, SOFTWARE, PRODUCTS AND MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iii) THE QUALITY OF ANY SITE, SERVICES, SOFTWARE, PRODUCTS AND MATERIALS WILL MEET YOUR EXPECTATIONS; OR THAT (iv) ANY ERRORS OR DEFECTS IN ANY SITE, SERVICES, SOFTWARE, PRODUCTS AND MATERIALS WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMSE AND CONDITIONS OR ANOTHER WRITING EXECUTED BY YOU AND THE COMPANY.

THE COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES AND YOUR USE OF ANY SITE, SOFTWARE, SERVICES OR OTHER MATERIALS. ANY MATERIAL DOWNLOADED, MADE AVAILABLE, OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES, IS ACCESSED AT YOUR OWN DISCRETION AND AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES.THE COMPANY DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT, AND SHALL NOT BE LIABLE FOR, ANY SUCH THIRD PARTIES, THEIR MATERIALS OR THEIR SERVICES. ANY DEALINGS THAT YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK.NO GUARANTEE IS MADE REGARDING ADDITIONAL FUNCTIONALITY WITH THIRD PARTY PLUGINS, THEMES, OR BROWSERS. AFFILIATES AND OTHER THIRD PARTIES ARE NOT AUTHORIZED COMPANY SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT OURS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT HAVE ANY LIABILITY RELATED TO MATERIAL ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY, OR OTHER LAWS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL UNDERGROUND PRINT, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, REPRESENTATIVES, SUPPLIERS, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF ANY SITE OR WITH ANY DELAY OR INABILITY TO USE ANY SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH ANY SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN MEMBERS. IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM ANY TRANSACTIONS WITH THE COMPANY OR YOUR USE OF ANY SITE EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY FOR THE RELEVANT REQUEST.YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO A SITE OR THE TERMS AND CONDITIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification by Member

You agree to defend, indemnify and hold harmless the Covered Parties (as defined above) from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (A) your use of a Site, (B) your breach of the Terms and Conditions, (C) your dispute with another member, (D) the unauthorized access to any password-protected area of a Site using your password, and (E) any image or content being reproduced as part of your Purchase Request or related order. If using a Site on behalf of a Third Party, you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any such Third Party.

Member Comments, Feedback and Other Submissions

All comments, feedback, suggestions and ideas disclosed, submitted or offered to the Company in connection with your use of a Site (collectively, "Comments"), shall become and remain the exclusive property of the Company. The Comments may be used by the Company in any medium and for any purpose worldwide, without obtaining your specific consent and you relinquish all rights to such Comments. The Company is not under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, to pay to you any compensation for any Comments submitted or to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make.

Termination

The Company reserves the right to terminate your account and access to any Site and its services at any time. Termination by the Company may include removal of access to any Site or services offered by the Company, deletion of your password, deletion of all related information and files, which may include the deletion of content associated with your account (or any part thereof), and other steps intended to bar your further use of a Site and its services. If you become dissatisfied with a Site, your sole and exclusive remedy is to immediately discontinue use of such Site.

Amendments to Terms and Conditions

The Company reserves the right, at our sole discretion, to change, modify or otherwise alter the Terms and Conditions at any time. You agree that we may modify the Terms and Conditions and such modifications shall be effective immediately upon posting. You agree to review these Terms and Conditions periodically to be aware of modifications. Continued access or use of any Site following such posting shall be deemed conclusive evidence of your acceptance of the modified Terms and Conditions except and to the extent prohibited by applicable state or federal law.

Changes to a Site

We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of a Site, including but not limited to content, prices, features, options, operations or hours of availability. We may impose limits on certain features of a Site or restrict your access to any part or all of a Site without notice or penalty. You agree that the Company will not be liable to you or to any Third Party for any such limitation, modification, change, suspension or discontinuance of or on a Site.

ORDER TERMS AND CONDITIONS

Payment

All prices and amounts shown on a Site are in U.S. Dollars (USD), unless otherwise noted. All stated prices are based on current costs and subject to change without notice and payment amounts and other terms may be subject to additional agreements between Member and the Company.

If a Member submits an Product Request on a Site to purchase printed products, printing related products, mailing services, design services or other services, the Member agrees that all charges, taxes and shipping/handling fees associated with the fulfilment of the related order will automatically be charged to the credit card or otherwise paid by Member with an approved payment method.

Production of all items ordered is subject to the terms outlined below in the "Printing Turnaround Time" section, and will not begin until an order is fully paid, including shipping and handling fees, if applicable, except where the Company has explicitly agreed in writing to special delayed payment terms (e.g. Net 30) with the Member prior to placing an order. Members who have delayed payment agreements are required to provide payment in accordance with the terms of their applicable payment agreement(s).

Once the print file(s) associated with an order have been approved by the Member as described below in the "Printing Turnaround Time" section, the order will be "In Production" and no changes will be allowed to the print files, job characteristics, or printing turnaround time. After an order is In Production, the entire amount of the order along with applicable taxes and shipping/handling fees shall be deemed due and payable (to the extent not already paid) and non-refundable, except as provided for in the Return & Refund Policy below. Except as provided for in the Return & Refund Policy below, any payment received from the Member shall be deemed non-refundable once an order is In Production.

Return & Refund Policy

We strive to provide our Members with the best possible printing experience. If you are not satisfied with your order for any reason, please contact our customer service department and our representative will document your complaint and create a ticket for your reference.

Free expedited reprint on any orders lost in transit.

In the event an order is lost in transit, we will file a claim with the relevant carrier and expedite reprinting of that order. The Member agrees to cooperate with us in any reasonable way to recover related losses from the carrier.

Free expedited reprint on any defective print orders following return of the defective print order to us.

In the event of a defective print order, the Member must immediately return such print order to us for inspection and rerun authorization. Reprints on a defective print order will be expedited without addition cost, however, the defective print order must be returned to us before we will rerun production.

All policies are subject to change without prior notification. Defective product refunds and reprints shall not exceed the amount paid by the Member. Determination of defect is at the sole discretion of the Company. Members will be required to ship the defective products back to customer service. Turnaround and shipping for reprint orders will vary depending upon available production capacity and manager's discretion. Refunds issued for late turnaround will be limited to no more than $2,000 and calculated as 10% of print total (excluding tax, shipping, handling, and design services).

Direct mail services including printing, mailing services, list services and design services, as and where available on a Site, are not subject to the foregoing return policies. Refunds or reprints on direct mail orders will be evaluated on a case-by-case basis and any refund/reprint shall be determined by the Company in its sole discretion. Postage is no longer refundable once a mail piece has been dropped off to the post office.

Our Sales Tax Policy

The Company may charge sales tax on orders. If you are tax exempt, it is your responsibility to send us your tax exemption certificate. If, after the Member has paid the invoice, it is determined that more tax is due, then the Member must promptly remit the required taxes to the taxing authority or immediately reimburse the Company for any additional taxes paid.

Proofs

If requested, an online proof will be available for your review after we have received your files for print. Actual time will vary depending on our current workload. Jobs with proof requests will not be sent to press without your approval unless the proof approval is explicitly waived. It is the Member's responsibility to log in to their account and check on their proof. We are not liable for delays in the order caused by Member's non-approval of a proof.

An online proof is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and overprint issues, nor do they show color change (from RGB or Pantone to CMYK).

The proof must be treated as separate from the original submitted file and independently and thoroughly reviewed prior to approval. Each proof should be checked against the original file by the Member for possible errors in copy, punctuation, image placement, spacing, or layout. Member is fully responsible for the content and general appearance of the final approved proof.

We offer hard copy proofs that show reasonable likeness to the final printed pieces. Such proofs are recommended for color-critical art and must be requested by the Member when the print order is made. We reserve the right to print hard copy proofs on a substrate different from the actual paper stock; while the main purpose of a hard copy proof is to show color, variations may occur depending on the finish selected for the final print job.

The request for a hard copy proof may involve an additional fee and would extend the amount of time needed to complete the job. For orders where a hard copy proof has been requested, the approval must be received by the Company on or before our published cut-off times. We will make every effort to match colors in production when a hard copy proof is requested. However, hard copy proofs are not automatically available, and it is the Member's responsibility to determine if they need a hard copy proof with their Purchase Request.

Cancellation

An order may not be canceled once it is "In Production".

Color Accuracy

We will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density (as viewed in a 5000K light booth). Because of inherent limitations with the printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. By placing a Purchase Request with the Company, you agree to this limitation. We will try to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed piece.
Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on screen proofs that you approve. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.

No Liability for Errors

We are not liable for errors in a final product caused by any of the following reasons:

Spelling, punctuation and grammatical errors
Low resolution or low quality graphics and images
Damaged fonts
Transparency issues
Overprint issues
Artwork files that are not created following our specifications
Variances in color from the conversion of Pantone or RGB colors to CMYK
Errors in user-selected options such as size, quantity, paper and finish
Duplicate orders submitted by the Member
Incorrect files uploaded
Incorrect file orientation
Cracking on folds
Cutting variances
Incorrect or undeliverable shipping address
Damage to products after delivery to Member

Member is responsible for reviewing their files and correcting any issues prior to placing the Purchase Request.

Artwork Files

All submitted artwork files are checked before printing, but you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files carefully before submitting to the Company. We are not responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By submitting the artwork to the Company, you certify that you have the right to use the image(s) in your artwork files. DO NOT send any "one-of-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.

Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, nudity, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material, if applicable. We will refuse an order based on the foregoing reasons and may refuse any order for any other reason which in our opinion raises concerns about the order being illegal in nature or an infringement on the rights of any Third Party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason.

We may also provide artwork design tools that offer a limited number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use and offer to other parties all such elements in the future. Other members may use the same design tools to create images that may have similar or identical combinations of these elements. The Company provides no warranty of any kind that artwork created using any Site design tool will not infringe, or be subject to a claim of infringing, on the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any image, mark, logo name or design is legally available for your use and does not infringe on another party's rights.

We may, based on our sole discretion, set limits to the maximum number of days that we shall retain designs or other uploaded files, as well as the maximum storage space that we would allocate to such files. The Company is not responsible for the deletion or failure to store any file whether uploaded or designed on our website. We reserve the right to delete any file stored which has been inactive for an extended period of time, or for any other reason, without prior notice.

Printing Turnaround Time

Printing turnaround time begins after we have received your print-ready files, approval for your proof and full payment for your order. If you have chosen to waive your proof approval, printing turnaround time begins after we have received your print-ready files and full payment for your order. For orders that do not have complete digital artwork files, or have files that are not print-ready, printing turnaround time will begin after we receive acceptable print-ready files regardless of when payment was made.

Orders must be paid, print-ready files received and proofs approved by 5:00 PM EST for printing turnaround time to begin the next business day. Please note that there is no production or shipping on Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, while Printing turnaround time includes printing, cutting, and binding, it does not include additional or custom design, mailing, or shipping transit times. You should allow additional business days for delivery based on the shipping method you selected. The estimated printing turnaround time advertised on a Site is based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays and holidays. Unless otherwise indicated in a print order, the standard turnaround time from approval to shipping is eleven whole Company business days and no order shipped within that window will be considered late.

Shipping

You will need to select one of the shipping methods presented to you on a Site. All shipping may be done using FedEx, UPS, or other freight carriers. The Company reserves the right to use the most appropriate carrier for the required transit time and destination. When choosing a shipping method, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by the carrier. For instance, a product shipped Two Day service and picked up on a Thursday would be delivered by end of day Monday.

Our responsibility is limited to preparing your printing order and turning it over to the carrier for shipping. Shipping transit times vary and we assume no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.

The Company is not liable for damages that occur during shipping. We reserve the right to modify the shipping option selected by you and retain any related difference in charges between shipping options, where the Company completes the job prior to the turnaround time selected by you and there will be no adverse material impact on the target arrival date (see Target Arrival section below).

Target Arrival

Target arrival dates are calculated by adding the printing turnaround time to the shipping transit time. Both printing and shipping times are based on business days only and do not include weekends or holidays.

The cut off time for accepting files is 9:00 AM EST. If we receive print-ready files, proof approval, full payment and have successfully validated your delivery address by that time, we will commit to printing and shipping your product within the selected timeframe.
If you have requested a Hardcopy Proof, factor in approximately six business days to receive and approve your proof. You understand that target arrival dates are estimates, not guarantees. We assume no responsibility for delays caused by shipping carriers, weather, the breakdown of equipment, illness, etc.

Complaints

All complaints must be registered within 24 hours of receipt of your final printing job. If we determine that your job contains manufacturing errors and/or defects, we will rerun your job at no charge.

Right to Use Samples

All materials we create in producing your printed product are the property of the Company. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product. Please note that your printed product or images used for your printed product will not be used in any national advertising without your prior written consent.

‍Miscellaneous

The captions in these Terms and Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms and Conditions. None of the Covered Parties are responsible for any errors or delays in responding to a Purchase Request caused by an incorrect email address provided by you or other technical problems beyond their control. If any provision of the Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by either you or the Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. All provisions in the Terms and Conditions regarding representations and warranties, indemnification, disclaimers, and limitation of liability shall survive the termination of the Terms and Conditions.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and those terms and conditions incorporated herein or referred to herein, constitute the entire agreement (collectively, the "Agreement") between you and the Company relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.

Governing Law and Exclusive Venue for Disputes

The internal laws of the State of Colorado shall govern the performance of these Terms and Conditions, without regard to such state's conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Colorado for all disputes arising out of, or relating to, the Terms and Conditions and use of any Site or its services.

Notices

Except as explicitly stated otherwise, any notices shall be given by email to Underground Print at sales@vertpack.com or to you at the email address you provide as a Member of a Site. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.

How do I contact Vert?‍

Our postal address is: 2770 Arapahoe Road, Suite 132-713 Lafayette, CO 80026

We can be reached via email at sales@vertpack.com or by telephone at 610-906-6700.