TERMS AND CONDITIONS


PLEASE READ THESE “TERMS AND CONDITIONS” CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT THE TERMS AND CONDITIONS OF USE OF THE COMPANY’S (QUADRIGA USA ENTERPRISES, INC.) WEBSITE [HTTPS://QUADLABELS.COM], [HTTPS://ORDERS.QUADLABELS.COM]. BY USING THIS SITE, YOU AGREE TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. BY USING THIS SITE AND THEREBY ACCEPTING THESE TERMS AND CONDITIONS, YOU ARE ALSO AGREEING TO THE BINDING ARBITRATION PROVISION CONTAINED IN THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THIS SITE.

GENERAL TERMS AND CONDITIONS

This Agreement (hereinafter, the “Agreement”) specifies the terms and conditions for access to and use of [HTTPS://QUADLABELS.COM] ,[HTTPS://ORDERS.QUADLABELS.COM] (hereinafter, the “Website”) and also specifies Quadriga USA Enterprises, Inc.’s (hereinafter, the “Company” or “QuadLabels”) policies and procedures related to the products or services that the Company may offer to you through the Website. Your use of the Website shall constitute and be deemed your unconditional acceptance of the Agreement and all of the policies, procedures, terms and conditions set forth therein. If you accept and agree to the policies, procedures, terms and conditions set forth in this Agreement but subsequently wish to revoke your consent and agreement, you must notify the Company in writing and must immediately discontinue all further use of the Website. Upon receipt of your notification, the Company will deactivate your Website access and/or User ID and you will not be able to order further products or services from the Company.

From time to time, the Company may update and revise this Agreement to reflect changes in our policies, services and/or in response to our customers’ feedback or in response to changes in applicable law. When we do make changes to this Agreement we will revise the “last updated” date for the Agreement. Because we reserve the right to modify this Agreement at any time, please make sure that you review it periodically. If you already signed up for a User ID on the Company’s website and we modify the terms of this Agreement, you will be advised or otherwise receive a notification that the Terms and Conditions have been modified/updated. If you then proceed to use the Company’s Website after the Agreement is modified/updated, you are agreeing to and are accepting of the Terms and Conditions in the Agreement, as modified. If you do not agree with the Terms and Conditions in the modified Agreement, you must discontinue use of the Website immediately. If you agree to the modified Agreement but subsequently wish to revoke your consent and agreement to be bound by the Terms and Conditions set forth in the modified Agreement, you must notify the Company in writing and must discontinue all further use of the Website. Upon receipt of your notification, the Company shall deactivate your Website access and user account and you will not be able to order further products or services from the Company.

Your visit to the Website is also governed by our Privacy Policy. QuadLabels values your privacy. Please make sure you review the Privacy Policy of this Website so that you may understand how QuadLabels collects and uses information. Your use of the Website shall constitute and be deemed your unconditional assent to the Privacy Policy.

The Website and all content included on the Website including, inter alia, HTML text, graphics, other files, code, software layout, designs, forms, templates, artwork, photographs, images, document layouts, text, fonts, music, software tools, design tools, markup tool, and other information, either alone and/or as compilation thereof (hereinafter, collectively the “Website Content”) are and shall continue to be the sole property of the Company and its owners. By assenting to this Agreement, you acknowledge that you are not acquiring any ownership rights or any other ownership interest in any Website Content by or through your use of this Website.

The Website is intended for adults only. The Website is not intended for any children under the age of 13.

The Company grants you a limited, revocable, non-exclusive license to use the Website solely for your business order needs without any right to republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other prohibited use that infringes on the Company’s ownership, intellectual property, and other rights. You agree not to copy the Website Content, reverse engineer or break into the Website, or use the Company’s materials, products or services, or the Website Content in violation of any law. Furthermore, you expressly agree that you shall not:
A. Resell for profit any Website Content to any third-party;
B. Use the Website or the Website Content for your personal commercial gain;
C. Adjust, modify, translate, decompile, disassemble or convert into a readable format, any part of the Website or the Website Content;
D. Perform data mining, data harvesting, or other data extracting with respect to the Website or the Website Content;
E. Violate the rights and/or interfere with the legal obligation of any wireless service provider or any of its customers or subscribers;
F. Upload User Content (as defined in Section 22 of this Agreement below) that violates any third party’s intellectual property rights, rights of publicity, privacy, confidentiality, or rights protecting trade secrets;
G. Upload User Content that violates any applicable local, state, national, or international laws or regulations, or promotes, incites, or facilitates criminal activity;

H. Upload User Content that contains illegal, harassing, coercive, libelous, defamatory, abusive, threatening, obscene, or otherwise objectionable, materials that are harmful to minors or excessive in quantity, or materials the transmission of which could diminish or harm the reputation of the Company and/or our third- party service providers; and
I. Upload User Content that contains any viruses, trojan horses, worms, time bombs, cancelbots, malware, spyware, or other computer programs, applications, or systems that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information belonging to the Company or its owners, or intended to cause electrical, magnetic, optical, or other technical harm to the Company’s equipment or facilities.
Your right to use and continue using the Website is at the discretion of the Company and the Company may terminate your use of this Website and/or suspend or terminate your Website User Id at any time, if the Company has reasonable grounds to suspect that you are in violation of the Agreement. Furthermore, the Company reserves the right to block or prevent future access to and use of this Website by you. If your right to future access and use of the Website is blocked, the terms of this Agreement shall still apply.
The Website may contain links to other websites that are owned and/or operated by third parties, and are not under the control of QuadLabels. QuadLabels does not evaluate, review, monitor, or endorse the content of such third-party websites and is not responsible in any way whatsoever for the information, services, products or other materials available on or offered by such websites, the accuracy of the content on such websites, and/or the privacy, security and safety practices of such websites. You expressly agree and acknowledge that if you access any such third-party sites through a link provided by QuadLabels that you do so at your own risk.
The Company does not represent or warrant that the Website or its server(s) are free of viruses, trojans, malware, or other harmful or malicious components, even if the Company or its authorized representatives have been advised of such possibility. You expressly agree that your use of the Website, including all Website Content, is done at your own risk.

You agree to comply with all applicable laws regarding your use of the Website. You further agree that information provided by you to the Company through the Website is truthful and accurate to the best of your knowledge.

You hereby agree to indemnify, defend and hold the Company and all of its owners, directors, officers, employees, attorneys, accountants, suppliers, representatives, agents, subsidiaries, and affiliates (hereinafter, “Indemnified Parties”), harmless from any and all liability, loss, claim, damage, or expense, including reasonable attorney’s fees and costs incurred by the Indemnified Parties related to your violation of the terms of this Agreement or the terms of the Privacy Policy, your infringement of third-party intellectual party rights, or related to your use of the Website, any activities you conducted on the Website, including your submission of User Content, or your purchase of any products or services from the Company, or the delivery and shipment thereof.

The Website Content and other materials, information, software, and technology on this Website is provided on an “as is,” “as available” basis without any warranties. You agree that use of this Website is at your sole risk. Other than any guarantees set forth in this Agreement, to the maximum extent permitted by law, the Company specifically disclaims all warranties of any kind whatsoever, including but not limited to any express warranties, statutory warranties, and any implied warranties of any kind (such as warranties of merchantability, fitness for a particular purpose, title, non-infringement, and other implied warranties that may arise from course of dealing and/or course of performance).
To the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. In any case, however, your sole and exclusive remedy relating to your use of the Website shall be to discontinue using the Website.

Under no circumstances will the Company and its owners, directors, officers, managers, employees, attorneys, accountants, representatives, agents, subsidiaries, and affiliates be liable or responsible to you in any manner for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, or the like), special, exemplary, punitive, or other damages, under any legal theory (whether based in contract, tort, or equity) arising out of or in any way relating to the Website and its functionality, the Website Content and any errors or faults therewith, your use of the Website in any manner including your submission of User Content, any products and services offered and/or sold by the Company to you, and any delays in shipment of such products, even if advised of the possibility of such damages and even if such damages may be foreseeable.
Your sole remedy for dissatisfaction with the Website or the Website Content is to cease all use of the Website. Your sole remedy for dissatisfaction with the products or services that we offer to you is to make a reasonable request for a refund pursuant to the terms of this Agreement. The Company reserves sole discretion to determine whether there is merit to your refund request. But under no circumstances shall the Company’s total liability to you exceed the amount that you paid the Company for its products or services.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion or limitation on liability or damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

The following intellectual property rights belong to the Company and shall not be infringed upon by you.

A. Copyrights. This Website, the Website layout and design, and all Website page themes and skins are the property of the Company and are protected by applicable copyrights laws. All Website Content constitutes the copyrighted property of the Company and is protected by applicable law.

B. Tradename Rights. Tradenames “Quadlabels,” “Quadlabel,” “Quadriga,” “Quadriga USA,” “Quadriga USA Enterprises, Inc.” and their respective trade designs and/or logos, are owned exclusive by the Company and/or its owners. In addition, all page headers, custom graphics, button icons, and scripts are trade designs and/or trade dress of the Company.

C. No Infringement. You hereby agree not to infringe on the above copyright and trade name rights belonging exclusively to the Company and/or its owners. Information protected by the copyrights and/or trade name rights including, inter alia, the Website Content, may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the express prior written permission of the Company.

If you believe your work has been copied in a way that constitutes copyright infringement in violation of the Digital Millennium Copyright Act of 1998 (“DMCA”) or constitutes trademark infringement, please provide a notice containing all of the following information to our Copyright/Trademark Agent:

(a) An electronic or physical signature of the person authorized to act on behalf of the owner of
the copyright or trademark interest;
(b) A description of the trademark or copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Website;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized
by the trademark holder or copyright owner; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or trademark holder or authorized to act on
the copyright owner’s or trademark holder’s behalf.

Our Copyright/Trademark Agent for notice of claims of copyright infringement or trademark infringement on the Website can be reached as follows:

By Mail: Law Offices of Lee E. Burrows, APC, 3 Hutton Centre, 9th Fl., Santa Ana, CA 92707 By Phone: (949)546-9948
By E-mail: [email protected], [email protected]

You agree that the laws of the State of California, without regard to any conflicts of law provisions, will govern any and all disputes between you and the Company including, without limitation, all disputes related to the validity, interpretation, and enforcement of this Agreement, or the Privacy Policy, and/or your use of the Website or the Website content, your submission of User Content, or the products and services offered, sold, or delivered by the Company.

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the rest of the Agreement will otherwise remain in full force and effect.

The Company is the only party to the Agreement that holds the discretion to terminate this Agreement at any time, with or without notice, for any reason whatsoever.

This Agreement and the Privacy Policy collectively constitute the entire understanding and agreement between the Parties regarding the subject matter hereof and supersede all prior negotiations, representations, and agreements, whether written or oral.

Before binding arbitration is initiated, as outlined in Section 18 below, or before the filing of any small claims lawsuit, any and all disputes between you, on the one hand, and the Company and/or its owners, directors, officers, employees on the other hand, arising out of or related to the validity, interpretation, and enforcement of this Agreement or the Privacy Policy, related to your use of the Website or the Website content, or your submission of User Content, or related to the products and services offered, sold, or delivered by the Company, shall be first submitted to non-binding mediation between the parties that are subject to the dispute before a mutually acceptable mediator, after written notice is provided of the nature of the dispute to the party or parties to be joined. Should the parties to the dispute be unable to agree upon a mediator, then the parties to the dispute shall solicit names from an agreed upon mediation service provider, such as JAMS, Judicate West, AAA, or ADR Services, Inc. for a strike and rank list process. Mediation shall be by video conference or, if in person, shall take place at the offices of the mediation service provider of the mediator either in Los Angeles County or Orange County, California. Failure to comply with this provision shall be considered a material breach of this Agreement.

Any and all disputes between you, on the one hand, and the Company and/or its owners, directors, officers, employees on the other hand, arising out of or related to the validity, interpretation, and enforcement of this Agreement or the Privacy Policy, related to your use of the Website or the Website content, or your submission of User Content, or related to the products and services offered, sold, or delivered by the Company which cannot be resolved informally or through small claims court, shall be submitted to binding arbitration upon written request of one party after the service of that request on the other party.

Any arbitration between you and the Company shall be only on an individual basis. There shall be no right or authority for any claims to be arbitrated or litigated on a class action, joint, or consolidated basis, or on grounds involving claims brought in a purported representative capacity on behalf of the general public (such as a private attorney general), other users of the Website, or other persons. This waiver of class actions and/or collective relief is an essential part of this arbitration provision and cannot be severed from it.

The arbitration provider shall be Judicate West, located at 1851 East First Street, Suite #1600, Santa Ana, California (CA), 92705-4058, whose Commercial Arbitration Rules in effect at the time of the submission of the dispute to arbitration shall govern the arbitration, and the arbitrator shall be a retired judge or an attorney licensed to practice law in the state of California for more than twenty (20) years. If both parties cannot agree on an arbitrator, Judicate West shall propose qualified individuals based on the description of the dispute provided to Judicate West by the parties, and the parties shall select the arbitrator based upon a strike and rank list process. You and the Company shall each have the right of discovery in connection with any arbitration proceeding in accordance with the Code of Civil Procedure Section 1283.05, subject to limitations that may be set by the arbitrator pursuant to the Commercial Arbitration Rules of Judicate West based upon the nature of the dispute submitted to arbitration by the parties.

In any binding arbitration, the parties shall bear their own attorneys’ fees, costs, expenses, and shall be responsible for an equal (50%) share of the administration and arbitrators’ fees charged by Judicate West. Payment of all filing, administration, and arbitrator fees will be governed by the Judicate West’s applicable rules. The arbitrator’s decision shall be final and the prevailing party shall be entitled to have the award confirmed by a court of competent jurisdiction and judgment entered accordingly. The venue for the arbitration and any post-award proceeding to confirm, correct, or vacate the award shall be the Superior Court of California for the County of Los Angeles. In any award, the arbitrator shall award the prevailing party reasonable attorneys’ fees and costs that were incurred in connection with the arbitration proceeding and any pre-arbitration mediation process engaged in pursuant to Section 17 of this Agreement.

This arbitration provision shall survive the termination of your User Id and the termination of your use of the Website.

BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU AND THE COMPANY ARE WAIVING THE RIGHT TO BRING A LAWSUIT IN COURT, EXCEPT FOR A DISPUTE THAT IS WITHIN THE JURISDICTION OF THE SMALL CLAIMS COURTS OF CALIFORNIA, TO HAVE A TRIAL BY JURY, OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS ARBITRATION.

Any dispute that falls within the jurisdiction of the smalls claims courts of California may be filed with the small claims courts for the County of Los Angeles, after compliance with section 17 above. The small claims courts for the County of Los Angeles shall be the sole and exclusive venue for any such claims or lawsuit.

In order to take advantage of the full functionality of this Website and to order products and services from the Company it will be necessary for you to register and establish a membership account with QuadLabels. When you register, you agree to provide accurate and current information about yourself (and your company) as requested during the registration process. You also agree to update and maintain your account information so that it remains accurate and current.

As part of the registration process, you may be required to create a User ID using your email address and will be also required to choose a password. It is your responsibility to choose an appropriate password and to keep it confidential. You are responsible for all activities that occur under your User ID and password. If you believe your password has been compromised in any way you should immediately change it by logging on to your QuadLabels membership account and then following the instructions for changing your password. You agree that you will immediately notify QuadLabels in the event you become aware of any unauthorized use of your User ID and/or password.

Additionally, you are responsible for notifying QuadLabels of any change of name, electronic mail address, phone number, or other contact information that you provided to the Company at the time of your registration on the Website. Your contact information with the Company may be updated by logging onto the Website or by contacting Quadriga’s customer service at [email protected] or by calling 1-661-294-9522.

The design tools and other Website Content are made available to all registered users of the Website. In the event you create a design, such as a sign, emblem or logo, you do not obtain any right or claim to any of the individual design tools and elements made available through the Website that enabled the creation of the design, and the design tools and elements are and will continue to be the property of the Company.

It is solely your responsibility to determine whether any design you may create using the design tools made available to you on the Website infringes or may be subject to a claim of infringement upon the trademark, copyright, or other intellectual or other rights of a third party. You should consult with an attorney as to whether a design you create may infringe upon the rights of the Company or a third party.

For certain product and/or service offerings you may elect to electronically upload or otherwise submit data, text, photographs, graphics, messages or other materials (hereinafter, “User Content”) to QuadLabels. You understand and agree that you (and any other person from whom it may have originated) are solely responsible for all User Content. When you upload, or otherwise provide User Content to QuadLabels you warrant, guarantee, and unequivocally confirm that you either own the copyright to or have permission to copy any documents, text, graphics, photographs, etc., that you submit for inclusion in the print process.

A. How Long We Keep User Content. QuadLabels does not maintain User Content indefinitely.
User Content uploaded onto the Website in relation to any purchase order(s) that you make,
will be kept in Company’s records for a period of three hundred and sixty-five (365) days.
Upon the expiration of this time period, the User Content may be archived or deleted and
made irretrievable.
B. What User Content is Not Permitted. As part of this Agreement, you agree not to upload certain
improper User Content onto the Company’s website. The restrictions related to types of User
Content that you are not permitted to upload are contained in Section 6 of this Agreement.
C. Company’s Right to Disclose User Content. You agree and acknowledge that the Company
does not pre-screen User Content submitted onto the Website. However, the Company
reserves the right to conduct such pre-screening activities, at any time. The Company and its
owners, directors, officers, managers, employees, representatives, agents, accountants,
attorneys, subsidiaries, and affiliates shall have the right (but not the obligation) to remove any
User Content and/or to refuse to fulfill a print job or order that violates the Agreement or the.
Privacy Policy or may otherwise be objectionable. You further acknowledge and agree that the
Company has the right to preserve User Content and may also disclose User Content if
required to do so by law or based on a good faith belief that such preservation or disclosure is
reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement or the
Privacy Policy; (c) respond to claims that the User Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of QuadLabels, its owners, directors, o.
fficers, managers, employees, representatives, agents, subsidiaries, affiliates, users and/or the
public at large.
D. User Content Upload Requirements. To ensure that the Company can deliver high quality
products and services to you, the Company strongly recommends that User Content uploaded
onto the Website for print fulfillment have the following characteristics:

1. A minimum of 400 DPI. Digital User Content uploaded onto the Website, including any
images embedded or linked to Adobe Illustrator or Adobe Indesign should have a minimum
400 DPI rating however the Company prefers and recommends that the Digital User Content
have a 600 DPI rating. If the User Content does not meet the 400 DPI rating standard, the
resulting print quality may be fuzzy, pixelated or otherwise distorted. You agree that
QuadLabels does not accept or bear any responsibility whatsoever related to your failure to
upload User Content that meets the standard herein. The Company reserves the exclusive
right to reject User Content that does not meet this standard. However, the Company does
not assume any obligation to verify that the User Content does in fact meet the standard
herein.

2. Designed in CMYK and Uploaded onto the Website in CMYK with no Embedded Color
Profile. The CMYK (Cyan, Magenta, Yellow, Black) color model is subtractive in nature
because it subtracts brightness from white. In contrast, the RGB (Red, Green, Blue) color
model is additive in nature because it adds light to black. To ensure that your User Content
results in high quality print fulfillment, it is important that the CMYK color model is utilized.
You are permitted to upload User Content in RGB or some other standard if you choose,
however, you agree that the colors would need to be converted to a CMYK color model.
Converting from RGB (or some other standard) to CMYK is required for accurate print
reproduction, as this conversion process amends the color model to account for physical ink
limitations. You hereby acknowledge and agree that the Company does not accept or bear
any responsibility whatsoever related to any inaccuracy or color shift that occurs as a result
of the conversion.

QuadLabels will not commence production unless your approval of the proof(s) is communicated to the Company. We will not accept approvals or revisions over the phone, all approvals must be sent through the Website portal. Before communicating your approval of the proof(s), please proofread carefully and indicate any changes clearly. By signing the proof, you are agreeing that the proof is correct and accordance to your request. You are responsible for the correct spelling, size, material, shape, colors, fonts, rolling direction, bar codes, options and information. Please be aware that since you will be offered an electronic proof, the color display on your computer monitor or color printer is not a true reflection of the actual press-printed color. To get an idea of what the actual color will look like, please refer to the Pantone Book for PMS colors, or for CMYK files, please request a hard copy matchprint be mailed to you. Matchprint will reflect about 80-90% color accuracy. There might be additional charges for matchprint production. If you approve the electronic proof “as is” without requesting the hard copy matchprint, we will assume that you accept the color outcome created using our matchprint as the guideline.

QuadLabels does not make any changes on customer files and assumes that you have verified that the spelling, grammar, content and layout, etc. are all correct. You hereby agree and acknowledge that the Company will not bear any liability of any kind whatsoever for errors such as misspelling, graphics, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc.

The Company’s payment policies and procedures are outlined in greater detail below:

A. Accepted Forms of Payment. The Company accepts major debit and credit cards, including but
not limited to Visa, MasterCard, American Express, and Discover. By submitting a debit or credit
card number to QuadLabels you are representing and warranting that the debit/credit card
information you provide is valid, authentic, current, and one that you are authorized to use.

B. Payment Processing. All payment transactions are done through a third-party payment
processor. Some electronic transactions may require extended processing in addition to credit
card authorization. You will be notified by a QuadLabels customer service representative if
extended processing is required. If extended processing is required, the estimated delivery of
your order may be impacted.

C. Secured Payment. Transmission of sensitive information, such as debit and credit card numbers,
is protected through the use of encryption technology such as the Secure Socket Layer (SSL)
protocol.

D. No Order Fulfilment Without Payment. The Company will not commence print production or ship
you any products unless the payment for your order fully processes and the Company actually
receives the payment in full. Depending on the length of the business relationship between you
and the Company, the size of your order, and other factors, the Company may, at its sole
discretion, offer you alternative order fulfilment and payment options.
If a charge against a credit card you provided is not authorized or accepted, or is subsequently
refused or rejected, the Company reserves the right to cancel your order and/or stop production,
without notice.

E. Payment for Changes Orders. With respect to payment information such as credit/debit card
numbers, the Company does not store such information. Thus, if you make one or more changes
to an existing order and incur additional charges, you will need to make a separate debit/credit
card payment to pay the additional charges.

F. Alternative Method for Payment. In the event, you and the Company agree on an alternative
method of payment and a due date for such payment, and you subsequently fail to furnish the
payment in full by the due date, the Company reserves the right to cancel your order without
notice, if the order has not yet shipped. If the order already shipped, the Company may
commence collection activity including, but not limited to, employing a third-party collection
agency, reporting the debt to credit bureaus, or pursuing a small claims action or arbitration. You
agree to be responsible for any costs or fees incurred by the Company in the process of
collecting the past due amounts.

The Company’s products will meet the CMYK industry standards. We implement strict quality control measures to ensure the highest standard of print quality, however we do not guarantee perfect color matches to any provided samples or specifications. While the Company strives to ensure that the colors of its printed products meet customer expectations, variations may nonetheless occur due to differences in monitor calibration, printing technology, and materials used. You hereby agree and acknowledge that some color shifting may occur and that the actual printed colors may differ from the color reproduction as it may appear on your computer monitor. You further agree and acknowledge that the Company is not responsible for any color shift in converted photographs (RGB images) with black, near black, or gray tones. Color shifts from a perceived black or gray must be addressed prior to file submission and order fulfillment. Proofs do not guarantee black, near black or gray final output. You further agree and acknowledge that the application of UV coating and laminating may have an effect upon or change the appearance of actual printed colors. You further agree and acknowledge that the Company is not responsible for the final color appearance of any UV coated and laminated products.

The Company’s applicable production turnaround time is dependent on the product ordered and will be listed with each product as part of the order process on the Website. The production turnaround time does not commence until the Company receives your approval of the proof(s). Once your order is placed with the Company, your production turnaround time generally cannot be changed and billing charges will not be reversed. You agree and acknowledge that the production turnaround time does not include the time it takes for the Company to ship the product to you. For your convenience, depending on the product ordered, QuadLabels offers a variety of different production turnaround times. Not all of the following turnaround times are offered on every product; the available turnaround times will be listed with each product as part of the order process. The following turnaround times are available:

a) Regular Order Turnaround – Regular turnaround is 2-3 business days from the date you submit
your approval of the proofs. Proof approvals submitted after business hours will be considered
received the following business day.

b) Rush Order Turnaround (Without Special Finishing) – All rush orders are subject to a 30%
increase in production costs when compared to Regular Order Turnaround. Rush orders received
prior to 12:00 p.m. PST (Pacific Standard Time) will be ready by 4:30 p.m. PST the next business
day. Rush orders received after 12:00 p.m. (PST) will be ready by 12:00 p.m. PST on the second
business day thereafter. However, the Rush Order Turnaround for orders exceeding 100,000
labels may be increased by one (1) additional business day.

c) Special Order Turnaround – For orders requiring the use of new die tooling, the turnaround time
is 4-5 business days. For orders involving foil stamping and spot varnish, the turnaround time is
4-5 business days. For orders requiring special packaging, a specific amount of rolls, or an
unusually large quantity of product, the turnaround time is to be determined by the Company
depending on the nature and size of your order. For any other special orders, including those
related to numbering, sheets, etc., the turnaround time is to be determined by the Company
depending on the nature and size of your order.

QuadLabels reserves the right to update the Company’s Order Cancellation and Refund/Reprint Policy at any time, without prior notice to you. The Company’s policies and procedures with respect to order cancellation, refunds, and reprinting are as follows:

A. Order Cancellation Prior to Production. A print order can be cancelled at any time prior to
entering into production. You will be responsible for any cancellation charge and notified of the
amount of the cancellation charge at the time of order cancellation. All order cancellations must
be made via email to your assigned customer service representative.

B. No Order Cancellation After Start of Production. If a print order has already entered production,
then unfortunately your print order cannot be cancelled and no refund would issue.

C. Order Cancellation By the Company. If you purchase products from the Company but do not
provide the Company with necessary User Content with which to complete your order, the
Company may, at its discretion, cancel the order and refund any payment charged to you, subject
to any applicable cancellation charges.

D. Industry Standard Guarantee. The Company guarantees that the printed products will be
consistent with the applicable CMYK industry standards. If you believe that your printed product
is defective or does not meet the industry standards, you must contact the Company within
fifteen (15) business days from the date of delivery of your order. If you fail to contact the
Company within this time period, it shall be presumed your order was satisfactory and the
Company will have no obligation to consider your subsequent claim for a refund/reprint.

E. Refund or Reprint. As to products that are determined defective or inconsistent with the
applicable CMYK industry standards, the Company may, at its sole discretion, offer you one or
both of the following options: 1) to reprint the print job with rush production and shipping; or 2)
to refund you the original order price.

1. Refund. If you contact the Company within the allotted time period set forth in Section 27.D.
and return the entire original order back to the Company, the Company will notify you within
five (5) business days of the latter whether your claim for refund has been approved by the
Company, or, alternatively, request additional information needed by the Company for
consideration of your claim for refund. If the Company requests additional information to verify
the pending request for refund and it is not provided within a reasonable time, the Company
will be under no obligation to provide a refund.

2. Reprint. If you contact the Company within the allotted time period set forth in Section 27.D.
and return the entire original order back to the Company, the Company will notify you within
five (5) business days of the latter whether your claim for reprint has been approved by the
Company, or, alternatively, request additional information needed by the Company for
consideration of your claim for reprint. If the Company requests additional information to verify
the pending request for reprint and it is not provided within a reasonable time, the Company
will be under no obligation to provide a reprint.

3. Refund and Reprint Not Allowed. You hereby agree and acknowledge that the grounds set
forth in the non-exhaustive list below do not constitute valid grounds for a claim for a refund or
reprint:
a. When the shipment is lost because you provided the Company with an incorrect
shipping address;
b. When the shipment is damaged after the Company drops off the shipment with the
third-party shipping carrier;
c. When the product experiences a color shift during conversion to CMYK from RBG or
other formats;
d. When the product is fuzzy, pixilated, or otherwise distorted because the digital imaging
that you provided to the Company was not at a minimum 300 PPI at 1:1 ratio (or 100%);
e. When the product contains errors because the information you provided to the
Company contained misspellings, graphics, bleeds, grammar, damaged fonts,
punctuation, wrong cuts, incorrect or missing folds, die lines, crop marks, or other
errors;
f. When you refuse to accept an order that you ordered from the Company;
g. When you are in breach of this Agreement;
h. When you are in breach of the Privacy Policy;
i. When your contact information on file with the Company is not up to date;
j. When the request for refund is made after the order has already entered production;
k. When you order logo or graphic design services from the Company; and
l. When you damage the products after they are delivered to you.

QuadLabels reserves the right to update the Company’s Shipping Policies and Procedures at any time, without prior notice to you. If the Shipping Policies and Procedures in this Agreement are amended, you will be notified thereafter. The Company’s Shipping Policies and Procedures are as follows:

A. Standard Shipping Policies. As stated in Section 26, the estimated shipping time is separate
from the production turnaround timeline. The Company ships all products via the United
Parcel Services of America, Inc. (UPS) and utilizes UPS Ground (1-5 business days) and UPS
Next Day shipping options. The Company will assess your shipping charges based on the
rates charged by UPS, including any additional charges for weekend and holiday shipping. All
orders are shipped “FOB Shipping Point”, which means ownership of shipped goods and risk
of loss transfers from the Company to you once the order gets delivered to UPS or another
shipping carrier utilized under Section 28.B. If you select a residential address for delivery,
UPS may not require a signature at the time of delivery and the package may be left at the
address.

B. Alternative Shipping Options. You may contact the Company about alternative shipping
options by contacting the Company’s customer service representatives at 1-661- 294-9522. If
an alternative shipping method is mutually selected by you and the Company, the Company
will assess your shipping charges consistent with the chosen third-party vendor’s shipping
service charges.

C. Order Pickup In Lieu of Shipping. If your order is produced at a QuadLabels facility that is
close to your location, you may be able to pick up your order. In order to arrange for pickup of
your order in lieu of shipping you must contact the Company’s customer representatives at 1-
661-294-9522. If you elect to pick up your order, ownership and risk of loss will transfer to
you when you (or your agent) take possession of the order.

D. No Guarantee of Estimated Delivery Time. The estimated delivery time for your order will vary
according to the method of shipping you choose and/or the location where the order is being
shipped. You agree that although the Company makes an effort to meet the estimated delivery
times because it uses a third-party shipping service, the Company is not able to guarantee
the estimated delivery times that third-party shipping service may provide to you.
Furthermore, equipment failures, technical problems, shipping delays and other problems
beyond our control may delay the shipping process. By placing an order with the Company
you expressly agree that the Company is not responsible for shipping company delays, acts of
God, weather conditions, riots, strikes, work stoppages, labor disputes, transportation
bottleneck, or any other circumstances that are beyond that Company’s control. If you have
time sensitive materials, please make sure you allow for sufficient time to receive your order.

E. Each Order is Shipped Separately. Our shipping process cannot generally accommodate the
aggregation of multiple print orders for shipping purposes. You agree that each separately
ordered product may be shipped separately, may require a separate shipping charge, may
have its own estimated shipping time, and may arrive on a different date to other products you
have ordered.

F. Correct Shipping Information. You agree and acknowledge that it is your responsibility to verify
that a correct and accurate address (including zip code) for your delivery is provided to the
Company. The Company strongly recommends that you include a telephone contact number in
your shipping information. You further agree and acknowledge that the Company is not
responsible for any delays, losses or any delivery or storage charges caused by mistaken or
incorrect delivery addresses provided to the Company.

G. Oversized Orders. Orders that exceed size or weight limitations for the selected delivery level
may be divided into multiple boxes. Your order confirmation and/or product tracking
information may reflect the number boxes you can expect for your order. If your order is
divided into multiple boxes, each box will incur a separate shipping charge and the Company
cannot guarantee that all of the boxes will be received by you on the same day.

H. Reshipment. If a package is not delivered due to your (or your agent’s) refusal and/or failure to
pick up the shipment or due to an error made by you when entering the shipping address on
the Website, depending on the circumstances, the package may require reshipment to the
correct address and you will be charged an additional shipping fee for this reshipment. You
may also incur additional fees as a result of the inability of the carrier to deliver the order, as
well as return or storage fees that may be required. Even if you decline to have a product
reshipped, you will continue to be responsible for the product cost, original shipping costs,
and any additional fees incurred as a result of the product being returned.

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