Terms and Conditions
Last Updated June 6th, 2023
These Terms and Conditions (the “Agreement”) govern the use of the 3D printing services (the “Services”) provided by PrintMyParts (the “Provider”). By accessing or using the Services, you agree to be bound by this Agreement. If you do not agree with any part of this Agreement, you must not use the Services.
Use, please do not access or use (or continue to access or use) the Site.
We reserve the right to deny access to the Site or any features of the Site to anyone who
enjoy our Site or infringes the rights of others.
1. Service Description
1.1 The Provider offers 3D printing services to individuals and businesses.
1.2 The Services include accepting and processing 3D printing orders, printing requested designs, and delivering the printed products to the customer.
2. Ordering Process
2.1 Customers may submit their 3D printing orders to the Provider through the online order form or by any other method specified by the Provider.
2.2 The Provider reserves the right to refuse any order at its sole discretion.
2.3 The customer is responsible for ensuring the accuracy and completeness of the design files provided to the Provider.
2.4 The Provider may provide an estimated delivery time, but it is not guaranteed and may vary depending on the complexity and size of the design, current workload, and other factors.
3. Intellectual Property Rights
3.1 The customer represents and warrants that they have the necessary rights, licenses, and permissions to use, reproduce, and distribute the design files provided to the Provider.
3.2 The customer retains all intellectual property rights in the design files, but grants the Provider a non-exclusive license to use the files for the sole purpose of fulfilling the customer’s order.
4. Pricing and Payment
4.1 The customer agrees to pay the fees specified by the Provider for the Services, including any applicable taxes and shipping costs.
4.2 The Provider reserves the right to modify the pricing at any time, but any changes will not affect orders already placed by the customer.
4.3 Payment must be made in full before the printing process begins.
4.4 All payments shall be made in the currency specified by the Provider, and the customer is responsible for any currency conversion fees or charges.
5. Delivery and Shipping
5.1 The Provider will deliver the printed products to the address specified by the customer during the ordering process.
5.2 The customer is responsible for providing accurate and up-to-date shipping information. The Provider will not be liable for any delays or non-delivery caused by inaccurate or incomplete information provided by the customer.
5.3 The risk of loss or damage to the products passes to the customer upon delivery. The Provider is not responsible for any loss, damage, or delay caused during shipping or delivery.
6. Refunds and Returns
6.1 Due to the custom nature of the Services, the Provider generally does not offer refunds or accept returns unless the printed products are defective or damaged.
6.2 If the customer believes the printed products are defective or damaged, they must notify the Provider within three (3) days of receiving the products. The Provider may require photographic evidence or return of the products before issuing a refund or replacement.
7. Limitation of Liability
PRINTMYPARTS SHALL NOT BE LIABLE TO YOU, AND YOU SHALL BE SOLELY RESPONSIBLE, FOR THE SELECTION, USE, AND SUITABILITY OF THE SITE AND THE INFORMATION, CONTENT, SERVICES AND EXPERIENCES PROVIDED VIA THE SITE. PRINTMYPARTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL OR ANY OTHER DAMAGES IN CONNECTION WITH YOUR USE OF THE SITE, OR PURCHASE OR USE OF ANY SERVICES, OR EXPERIENCES VIA THE SITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF OR DAMAGE TO DATA OR LOSS OF OR DAMAGE TO INFORMATION, PERSONAL INJURY OR PROPERTY DAMAGE, HOWEVER CAUSED, WHETHER BASED ON CONTRACT, TORT, WARRANTY, OR OTHER LEGAL THEORY, EVEN IF PRINTMYPARTS HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND/OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY PRINTMYPARTS. REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, PRINTMYPARTS’S TOTAL LIABILITY, REGARDLESS OF THE FORM OF ACTION, SHALL NOT EXCEED $50.
8. Governing Law and Jurisdiction
8.1 This Agreement shall be governed by and construed in accordance with the laws of St Croix County, Wisconsin.
8.2 Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of St Croix County, Wisconsin.
9. Modifications to the Agreement
9.1 The Provider reserves the right to modify or update this Agreement at any time by posting the revised version on its website or by any other means deemed appropriate.
9.2 Continued use of the Services after any such modifications or updates constitutes acceptance of the revised Agreement.
10.1 If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
You agree to indemnify, save, defend, reimburse and hold PrintMyParts, harmless from and against any and all claims, demands,
12. Disclaimer of Warranties
PRINTMYPARTS PROVIDES THE SITE AND ALL INFORMATION, CONTENT, USER GENERATED CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. PRINTMYPARTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THE SITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY OF THE SITE ITSELF OR THE ACCURACY OF RESULTS OBTAINED THROUGH YOUR USE OF THE SITE. WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER,
PRINTMYPARTS DOES NOT WARRANT THAT THE PRINTMYPARTS SITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE, AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE PRINTMYPARTS SITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE SITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY.
13. Force Majeure
For any reason beyond “our” reasonable control, such as an act or threat of terrorism,
war, emergency, act of God, work stoppage, or other similar event, is not able to provide
perform its obligations under this Agreement, it is agreed that such non-performance shall be
excused during such time period and shall not be a default of this Agreement.
subject matter hereof.
1. Information We Collect
1.1 Personal Information:
– When you create an account or place an order, we may collect personal information such as your name, email address, mailing address, and payment details.
– We may also collect personal information you provide when contacting us or participating in surveys, contests, or promotions.
1.2 Usage Information:
– We collect information about your interactions with our Services, including your IP address, browser type, device information, and browsing behavior.
2. Use of Information
2.1 Providing and Improving Services:
– We use the information collected to deliver and improve our Services, process and fulfill orders, and provide customer support.
– We may use your email address to send you transactional information, updates, and promotional communications related to our Services. You can opt-out of promotional emails at any time.
2.2 Analytics and Personalization:
– We may use the information to analyze trends, monitor the usage of our Services, and gather demographic information to improve our offerings.
– We may personalize your experience by providing tailored content and recommendations based on your preferences and usage history.
2.3 Legal Compliance and Protection:
– We may use and disclose your information to comply with applicable laws, regulations, or legal processes.
– We may disclose your information if we believe it is necessary to protect the rights, property, or safety of our Company, Users, or others.
3. Information Sharing
3.1 Service Providers:
– We may share your information with trusted third-party service providers who assist us in delivering and improving our Services. These providers are obligated to maintain the confidentiality and security of your information.
3.2 Business Transfers:
– In the event of a merger, acquisition, or sale of our assets, your information may be transferred to the acquiring entity or third party as part of the transaction.
3.3 Aggregate or Anonymized Data:
– We may aggregate or anonymize your information for statistical and research purposes, and share such data with third parties without identifying you personally.
4. Data Security
4.1 We implement reasonable security measures to protect your information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet or electronic storage is entirely secure, and we cannot guarantee absolute security.
5. Third-Party Links
5.1 Our Services may contain links to third-party websites or services. We are not responsible for the privacy practices or content of such third parties. We encourage you to review the privacy policies of those third parties before providing any personal information.
6. Children’s Privacy
6.1 Our Services are not intended for individuals under the age of 18. We do not knowingly collect personal information from children. If you believe we have inadvertently collected information from a child, please contact us, and we will promptly delete it.
7. Your Rights and Choices
7.1 You have the right to access, correct, update, or delete the personal information we hold about you. You may also have the right to restrict or object to certain processing activities. Please contact us to exercise these rights.
8. Updates to this Policy
9. Contact Us
Last Updated June 7th, 2023
THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO
These Buyer Terms and Conditions (the “Agreement”) govern your (“You” or “Your”) use of Willow River Consulting LLC’s, (“Printmyparts”) website (the “Website”). PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE WEBSITE, INCLUDING PLACING AN ORDER WITH PRINTMYPARTS FOR MANUFACTURING SERVICES (THE “SERVICES”), CLICKING ON THE “I ACCEPT” BUTTON, AND/OR COMPLETING THE REGISTRATION PROCESS, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PRINTMYPARTS, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.
1. Our Services
Print My Parts offers additive manufacturing solutions for manufacturing and prototyping, for it’s customers. Having Industry leading technology helps it’s customers create parts faster and at a higher quality.
1.1 Responsibilities When Using the Services. By using the Services, You agree to:
• Comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy any export control laws;
• Upload and disseminate only content or information that You own all required rights to under law, are authorized to disseminate (and are not subject to any
confidentiality obligations), and do so only consistent with applicable law and as permitted by any agreements to which You are bound.
If PrintMyParts has reason to believe that You have failed to comply with the above, PrintMyParts may
without notice suspend or terminate Your access to the Services and refuse any and all current
or future use of the Services (or any portion thereof).
In order to use certain Services, You may be required to register for
an account (“Account”). In registering for the Services, You agree to (1) provide true, accurate,
current and complete information about You as prompted in the Website account details section
(“Registration Data”); and (2) maintain and promptly update Your Registration Data to keep it
true, accurate, current and complete. You are responsible for all activities that occur under Your
Account, and PrintMyParts will not be liable for any loss or damage (of any kind and under any legal
theory) to You or any third party arising from Your inability or failure for any reason to comply
with these Terms and any applicable General Terms. You may not share Your Account or
password with anyone, and You agree to (a) notify PrintMyParts immediately of any suspected or
confirmed unauthorized use of Your password or any other breach of security; and (b) exit from
Your Account at the end of each session. If You provide any information that is untrue, inaccurate,
not current or incomplete, or PrintMyParts has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, PrintMyParts has the right to suspend or terminate
Your Account and refuse any and all current or future use of the Website and Service (or any
3 Placing Orders.
3.1 In order to place an order for a Part, You must upload an acceptable model
for the Part that You would like to be produced pursuant to the terms of this Agreement. During
the ordering process You may choose, from the list of available options, the material, color,
surface and size of the measurement (mm or inches) for your Part. Certain restrictions with
respect to the thickness, material, color and surfaces may apply. For an additional fee, You may
request material certifications and inspection reports for Your Parts during the ordering process. PRINTMYPARTS WILL NOT ALTER, MODIFY OR CHANGE THE SPECIFICATIONS OF ANY PART
WITHOUT OBTAINING WRITTEN APPROVAL FROM YOU. You will be able to see and review the
order and the estimated costs (production, delivery, and other taxes when applicable) provided
by PrintMyParts to You before finalizing the order (the “Quote”). No contract to manufacture any
Part exists until PrintMyParts acknowledges Your acceptance of its Quote by a confirmatory email or
other appropriate means of communication, as determined by PrintMyParts in its sole discretion.
SINCE EACH ORDER IS CUSTOM MANUFACTURED, YOU MAY NOT CANCEL AN ORDER ONCE IT
HAS BEEN PLACED. PrintMyParts, at its sole discretion, may permit a buyer to cancel an order and
may charge a fee not to exceed 3% of the total order value if a buyer requests such a cancellation
from PrintMyParts, provided that no work has been done for such an order as of the date of
If You accept PrintMyParts’s Quote by placing an order referencing the Quote
using the Quote number, PrintMyParts will, subject to the terms herein, manufacture, or have
manufactured, the Part(s) in accordance with the 3D geometry and features related to the Part(s)
and to the tolerances as set forth in the Quote (except if located in the Notes section) (collectively,
the “Specifications”). You are solely responsible for ensuring that the Specifications in the Quote
and other information You submit in Your order is accurate and complete before paying for it.
YOU MAY NOT AMEND OR MODIFY THE SPECIFICATIONS after YOU HAVE PLACED YOUR
PrintMyParts may, at any time during the quotation, ordering and the
manufacturing process, revoke and/or cancel any Quote/order, if there are technical or other
reasons (such as a concern about intellectual property ownership of the design or the legality of
the Part) to do so. In such case, PrintMyParts will reimburse You all monies paid for such Part, if any
Due to technical limitations of current technology, it may be impossible
or commercially impracticable to manufacture certain Parts in accordance with Your
Specifications. In such cases, PrintMyParts will use its commercially reasonable efforts to contact You.
Upon written approval from You, PrintMyParts reserves the right to either build the
Part with a different thickness and/or switch to another production technique, and apply any
modification to the order (such as modification of price, of terms/term of delivery, etc.) resulting
from such decision. You agree to pay PrintMyParts additional compensation, if any, resulting from
3.5 Blacklisted Parts
While PrintMyParts wants to give its buyers the freedom they need to produce
the most creative, imaginative and useful projects and Parts, PrintMyParts maintains the right to
refuse any Part that is illegal or designed to harm human beings, or which PrintMyParts otherwise
deems inappropriate in its sole discretion. As such, PrintMyParts prohibits the use of its Services to
manufacture certain Parts designed for use or integration into firearms or for such Parts that
require any federal, state or local licenses to manufacture.
4. Pricing and Payments
4.1. Payment. You agree to pay all fees or charges to Your Account in accordance with the fees,
charges and billing terms in effect at the time a fee or charge is due and payable. Unless otherwise
expressly agreed in advance by PrintMyParts, all invoices are due thirty (30) days after the date of
invoice or will be paid by credit card at the time order placement. Printmyparts reserves the right to
require payment in advance for certain orders. All invoices are due in full, without any deductions
or offsets. All invoices will be deemed final and binding unless You object to an invoice, in writing,
within ten (10) days of receipt. All invoices not paid in full within such thirty (30) day period shall
bear interest at the rate of 1.5% per month or the highest rate permitted under law. If You choose to pay for an
order by credit card, Your Payment Provider agreement governs
Your use of the designated credit card, and You must refer to that agreement and not this
Agreement to determine your rights and liabilities. Printmyparts reserves the right at any time to change its prices and billing methods, either immediately upon
posting notice on the Website or by email delivery to You. All prices are calculated in US Dollars
and payment to Printmyparts must be in the form of US Dollars.
4.2 Taxes and Shipping
Unless otherwise stated, the price quoted with respect to the manufacture
of any particular Part includes the cost for the Services rendered by PrintMyParts, the manufacturing
of the Part and the standard shipping (as selected by PrintMyParts), as well as all applicable sales and
use taxes. Additional fees may apply for any alternate shipping methods. You will be liable for all
other transaction duties and taxes If Your
order is exempt from sales tax, You must submit a valid sales tax exemption certificate.
4.3. Suspension of Services.
Printmyparts reserves the right to suspend performance hereunder
(including the manufacture of the Part) in the event You fail to pay all outstanding amounts when
due and printmyparts retains full legal title to Parts until it has received full payment with respect to
such Parts and payment on any other Parts that You have ordered. printmyparts reserves the right to
refrain from manufacturing additional orders, or additional components of an existing order, as
long as the outstanding issued invoices remain unpaid.
5. SHIPMENT ESTIMATES
5.1 Shipment Estimates. Quotations issued by PrintMyParts will contain an estimated date of
shipment, calculated on the basis of the input data. The estimated shipment date is based on the working conditions
applicable at the time the agreement is concluded and on the punctual delivery of the materials
ordered by PrintMyParts for the performance of the work. Should a delay arise for which PrintMyParts is
not responsible, as a result of a change in the aforementioned working conditions or because
materials ordered in time for the performance of the work are not delivered on time, the shipment
date may be extended and PrintMyParts will not be liable for such delay.
6. REPLACEMENT PARTS
6.1. No Warranty of Specifications. Upon delivery of a Part, You should inspect the Part
carefully. All Parts will be deemed accepted upon delivery to You. You acknowledge and agree
that PrintMyParts will use commercially reasonable efforts to manufacture in accordance with Your Specifications. Printmyparts does not warrant
Part design or specifications. Since You are solely responsible for the Specifications, and the
manufacture of certain Parts in accordance with your Specifications may be impossible or
otherwise commercially impracticable, PrintMyParts does not warrant that Your Part can or will be
manufactured in accordance with Your Specifications. IN ADDITION, EXCEPT AS EXPRESSLY
PROVIDED HEREIN, PRINTMYPARTS DOES NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES
REGARDING THE WEBSITE, SERVICES, PARTS, OR ANY MATERIALS PROVIDED BY PRINTMYPARTS HEREUNDER, AND DOES NOT WARRANT THAT THE PART WILL MEET YOUR REQUIREMENTS
OR THE REQUIREMENTS OF ANY CERTIFICATIONS PROVIDED, OR BE WILL BE MERCHANTABLE
OR FIT FOR YOUR PARTICULAR PURPOSE.
6.2. Specifications Warranty; Remedy.
PrintMyParts represents and warrants for a period of three
(3) business days following the delivery of the Part (the “Warranty Period”), that the Part shall
conform to the Specifications for such Part. In the event You notify PrintMyParts during the Warranty
Period that the Part fails to comply with the applicable Specifications in all material respects, PrintMyParts will, as Your sole and exclusive remedy, replace such non-conforming Parts at PrintMyPart’s
sole cost and expense, provided (i) You return the non-conforming Part(s) to PrintMyParts within
three (3) business days of your notice of non-conformance, and (ii) PrintMyParts reasonably confirms
such non-conformity. No returns will be accepted by PrintMyParts unless You have notified PrintMyParts within the Warranty Period. If You fail to contact PrintMyParts within the Warranty Period, PrintMyParts shall have no further obligations with respect to such Part and ALL SALES WILL BE DEEMED
FINAL AND SUCH PARTS MAY NOT BE RETURNED TO PrintMyParts.
7. Your Data
Printmyparts does not claim any ownership over Your Specifications or any
content, data or other materials You upload to or otherwise make available on the Website (“Your
Content”). You are solely responsible for the Content that You upload to the Website. You hereby
grant Printmyparts a non-exclusive, perpetual, royalty free, fully paid-up, sublicensable (to our
Partners), right and license to reproduce and use Your Content for the purpose of designing,
manufacturing and delivering Your Parts to You, and to provide You any other Services that You
request. You may request the return or destruction of your Content at any time by written notice
to Printmyparts, provided that Printmyparts may keep archival copies only to comply with applicable law
or document retention policies. By submitting an order to Printmyparts, You represent and warrant
that You are the owner and/or You have obtained the rights necessary to grant Printmyparts granted
herein use without any violation of any intellectual property rights, or payment by Printmyparts of any
amounts to any third party. You further represent and warrant that Your Content does not infringe
upon, misappropriate, or violate any third party’s rights, including intellectual property, privacy
and publicity rights. If Printmyparts, in its sole commercial discretion, determines that the
Specifications You submit to the Website infringes upon the intellectual property rights of any
third party, Printmyparts reserves the right to refuse to manufacture the Part(s) based on your
Specifications. Printmyparts will use commercially reasonable efforts to protect the confidentiality of
Your Content and to only share Your Content Notwithstanding
the foregoing, Printmyparts may disclose Your Content if required by law.
8. INDEMNIFICATION BY YOU.
You agree to indemnify and hold harmless Printmyparts from and against any and all damages, liabilities, awards, losses, costs and expenses
including, without limitation, reasonable attorneys’ fees and court costs: (i) arising out of any
breach by You of any undertaking, warranty, representation or agreement contained herein; (ii)
arising out of a claim that a Part manufactured by Printmyparts pursuant to an order hereunder
violates any law, regulation or ordinance; (iii) arising out of a claim with respect to the Part
(whether arising out of product liability, strict liability, negligence or otherwise), including claims
related to any injury, death or damage to any person or property caused by the Part; or (iv)
arising out of any claim that any Specification, infringes upon or violates any patent, trade secret,
copyright, trademark, service mark, right of publicity or other right of any third party.
9. DISCLAIMER OF WARRANTIES.
EXCEPT AS EXPRESSLY OTHERWISE PROVIDED
HEREIN, THE PARTS MANUFACTURED BY PRINTMYPARTS PURSUANT TO AN ORDER SUBMITTED ON
THIS WEBSITE AS WELL AS THE WEBSITE AND SERVICES, AND ALL INFORMATION AND
CONTENT THEREIN, AND ANY OTHER MATERIALS PROVIDED BY PRINTMYPARTS, ARE PROVIDED “AS
IS” AND WITHOUT WARRANTY OF ANY KIND. PRINTMYPARTS EXPRESSLY DISCLAIMS ALL OTHER
WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, RELATING TO THE WEBSITE, SERVICES AND PARTS, INCLUDING BUT NOT LIMITED
TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. PRINTMYPARTS DOES NOT WARRANT
THAT ANY SUCH PARTS OR THE USE OF THE WEBSITE OR SERVICES WILL BE UN INTERRUPTED
OR ERROR FREE OR THAT ANY ERROR OR DEFECTS W ILL BE OR CAN BE CORRECTED. SOME
JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS.
9.1. BECAUSE THE PARTS ARE BASED ON YOUR SPECIFICATIONS, PRINTMYPARTS MAKES NO
WARRANTY, REPRESENTATION, OR CONDITION THAT: (1) THE PARTS WILL MEET YOUR USE
REQUIREMENTS, (2) THE PARTS ARE FIT FOR ANY PARTICULAR PURPOSE, OR MERCHANTABLE,
OR (3) THE PART DESIGN IS DEFECT OR ERROR-FREE.
9.2. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. PRINTMYPARTS MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE
SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION
AND OTHER CHARACTERISTICS OF THE SERVICES.
9.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PRINTMYPARTS OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
9.4. ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESS THROUGH THE WEBSITE IS
ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR PERSON OR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER
SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE WEBSITE, OR ANY OTHER LOSS THAT
RESULTS FROM ACCESSING SUCH CONTENT.
9.5. YOU ACKNOWLEDGE AND AGREE THAT PRINTMYPARTS IS NOT LIABLE, AND YOU AGREE NOT
TO SEEK TO HOLD PRINTMYPARTS LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING FOR
ANY PART MANUFACTURED BY A THIRD PARTY.
10. LIMITATION OF LIABILITY
10.1. Disclaimer of Certain Damages. PRINTMYPARTS SHALL NOT IN ANY EVENT BE LIABLE TO
YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL
OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS
OPPORTUNITIES OR FOR LOSS OF INCOME, BARGAIN, REVENUE, CONTRACTS, GOODWILL,
USE, ENJOYMENT, TIME, DATA, OR ELECTRONICALLY TRANSMITTED ORDERS OR DAMAGES OR
COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL
DISTRESS, WHETHER OR NOT PRINTMYPARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (1) THIS AGREEMENT OR THE USE OR
INABILITY TO USE THE WEBSITE OR SERVICES; (2) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, PARTS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR
SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS,
SPECIFICATIONS, TOLERANCES OR DATA; (4) YOUR PARTS; OR (5) ANY OTHER MATTER
RELATED TO THE WEBSITE AND SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT,
CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL
10.2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL PRINTMYPARTS BE LIABLE TO YOU FOR
MORE THAN THE AMOUNT RECEIVED BY PRINTMYPARTS FROM YOU UNDER A GIVEN ORDER FOR
ANY CLAIM RELATING TO A GIVEN ORDER.
10.3. Exclusion of Damages. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
10.4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PRINTMYPARTS AND YOU.
11. RELEASE OF LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT THE PARTS AND
THEIR MANUFACTURE, ARE BASED ON SPECIFICATIONS PROVIDED BY YOU. ACCORDINGLY, YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL PRINTMYPARTS BE LIABLE FOR ANY DAMAGE OR
LIABILITY RESULTING FROM ANY PART, INCLUDING ANY PART DEFECT RESULTING FROM THE
MANUFACTURE OF A PART IN ACCORDANCE WITH THE SPECIFICATIONS. You hereby release Printmyparts from claims, demands, any and all losses, damages, rights, and
actions of any kind, including personal injuries, death and property damage, that is either directly
or indirectly related to or arises from Your Part(s), excluding any material defects in any Part(s)
solely caused by the acts or omissions of Printmyparts. If you are a California resident, you hereby
waive California Civil Code Section 1542, which states, “A general release does not extend to
claims which the creditor does not know or suspect to exist in his favor at the time of executing
the release, which, if known by him must have materially affected his settlement with the debtor”.
12. TERM AND TERMINATION
12.1. Term. This Agreement commences on the date when You accept it (as described in the
preamble above) and remains in full force and effect while You use the Services, unless
terminated in accordance with the terms herein.
12.2. Termination of Services by You.
Subject to the terms of Section 3.1, if You want to
terminate the Services provided by , You may do so by (a) notifying PrintMyParts at any time
and (b) closing Your Account for all of the Services that You use. Your notice should be sent, in
writing, to PrintMyPart’s email: email@example.com.
12.3. Termination of Services by PrintMyParts.
PrintMyParts has the right to, immediately and without
notice, suspend or terminate this Agreement or Your use of the Website and Services (with or
without cause), including if PrintMyParts becomes aware of any possible violations by You of this
Agreement. In the event PrintMyParts determines, in its sole discretion, that You have breached any
portion of this Agreement, PrintMyParts reserves the right to: (i) warn You via email (to any email
address you have provided to PrintMyParts) that You have violated this Agreement; (ii) delete Content
provided by You or Your agent(s) to the Website; (iii) notify and/or send Your Content to and/or
fully cooperate with the proper law enforcement authorities for further action; and/or (iv) pursue
any other action which PrintMyParts deems to be appropriate.
12.4. Effect of Termination. Termination of any Service includes removal of access to such
Service and barring of further use of the Service. Termination of all Services also includes deletion
of Your password and all related information, files and Your Content associate with or inside Your
Account. PrintMyParts will not have any liability whatsoever to You for any suspension or termination,
including deletion of Your Content. All provisions of this Agreement which by their nature should
survive, shall survive termination of the Services, including without limitation, ownership
provisions, warranty disclaimers, payment obligations, indemnification obligations and limitation
13.1 Electronic Communications. The communications between You and PrintMyParts use
electronic means, whether You visit the Website or send PrintMyParts e-mails, or whether PrintMyParts posts notices on the Website or communicates with You via e-mail. For contractual purposes, You
(1) consent to receive communications from PrintMyParts in an electronic form; and (2) agree that all
terms and conditions, agreements, notices, disclosures, and other communications that PrintMyParts provides to You electronically satisfy any legal requirement that such communications would
satisfy if it were to be in writing. The foregoing does not affect Your statutory rights.
13.2 Linked Sites. The Website may provide links or access to third party content, websites, or
services. PrintMyParts does not endorse any third-party content, websites, services, or systems, or
guarantee their quality, accuracy, reliability, completeness, currency, timeliness, noninfringement, merchantability, or fitness for any purpose. Third-party content, websites, services,
or systems are not under PrintMyPart’s control, and if You choose to access any such content,
websites, or services, or to access the Website from such systems, You do so entirely at Your
party content, websites, services, or systems and agree to accept and comply with any such terms
The Website may integrate with social networking services. You understand that PrintMyParts does
not control such services and is not liable for the manner in which they operate. While we may
provide You with the ability to use such services in connection with the Website, PrintMyParts is doing
so as an accommodation and, like You, is relying upon those services to operate properly and
13.3 Assignment. This Agreement, and Your rights and obligations hereunder, may not be
assigned, subcontracted, delegated or otherwise transferred by You without PrintMyPart’s prior
written consent, and any attempted assignment, subcontract, delegation, or transfer in violation
of the foregoing will be null and void.
13.4 Force Majeure. Neither party shall be liable for any delay or failure to perform (excluding
payment obligations) resulting from causes outside its reasonable control, including, but not
limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities,
pandemics, government-ordered shutdowns, fire, floods, accidents, strikes or shortages of
transportation facilities, fuel, energy, labor or materials.
13.5 Limitations Period. YOU AND PRINTMYPARTS AGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THIS AGREEMENT, THE WEBSITE OR THE SERVICES MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
13.6 Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.
Please read this Section 13.6 (“Arbitration Agreement”) carefully. It is part of Your contract with Printmyparts and affects Your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. (a) Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement or the use of any product or service provided by Printmyparts that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to You and Printmyparts, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under this Agreement. (b) Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Printmyparts should be sent to: firstname.lastname@example.org. After the Notice is received, You and Printmyparts will attempt to resolve the claim or dispute informally. If You and Printmyparts do not resolve the claim or dispute within 30 days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. (c) Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Agreement. The AAA Commercial Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by one to three, neutral arbitrators, at the discretion of PrintMyParts. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in Wilmington, Delaware, unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider. (d) Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. (e) Time Limits. If You or Printmyparts pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim. (f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of You and Printmyparts, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon You and Printmyparts. (g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between You and Printmyparts in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Printmyparts WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. (h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE BUYER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER BUYER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, then notwithstanding anything to the contrary in this Arbitration Agreement or Agreement, neither You or Printmyparts is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 13.6(n). (i) Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. (j) Right to Waive. Any or all of the rights and limitations set forth in this Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or effect any other portion of this Agreement. (k) Survival of Agreement. This Arbitration Agreement will survive the termination of Your relationship with Printmyparts. (l) Small Claims Court. Notwithstanding the foregoing, either You or Printmyparts may bring an individual action in small claims court. (m) Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement. (n) Courts. In any circumstances where the foregoing Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within St Croix County, Wisconsin for such purpose.
13.7 Governing Law. This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of Wisconsin, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
13.8 Independent Contractor . Your relationship to Printmyparts under this Agreement is that of an independent contractor. Nothing in this Agreement is intended or should be construed to create a partnership, joint venture, or employer-employee relationship between Printmyparts and You. You agree to take no position with respect to or on any tax return or application for benefits, or in any proceeding directly or indirectly involving Printmyparts that is inconsistent with You being an independent contractor (and not an employee) of Printmyparts. You are not an agent of Printmyparts and are not authorized, and must not represent to any third party that You are authorized, to make any commitment or otherwise act on behalf of Printmyparts.
13.9 Notice. Where Printmyparts requires that You provide an e-mail address, You are responsible for providing Printmyparts with Your most current e-mail address. In the event that the last e-mail address You provided to Printmyparts is not valid, or for any reason is not capable of delivering to You any notices required/ permitted by this Agreement, Printmypart’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
13.10 Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
13.11 Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
13.12 Entire Agreement. This Agreement are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. Unless otherwise specifically agreed to by the parties, in the event of any conflict between the terms of this Agreement, the General Terms, or any order for Parts, the order of precedence is as follows: (i) Manufacturing Standards; (ii) this Agreement; (iii) the General Terms; and (iv) the order for Parts. Unless otherwise specifically agreed in a writing by the parties, the parties acknowledge that the preprinted provisions on the reverse side of any quotation, order, acknowledgement or invoice will be deemed deleted and of no effect whatsoever.