Welcome to foxlitho.com (FOX), a DBA of Education Specialty Publishing, LLC. These terms and conditions cover any use of the website foxlitho.com (“the site”). Accessing any page of the site means you agree to be bound by these terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS STATED BELOW, DO NOT ACCESS THIS WEBSITE. CAM RESERVES THE RIGHT TO CHANGE THESE TERMS AND CONDITIONS AT ANY TIME.
By using the site, submitting artwork, logo, photo and other materials, you are representing that all associated intellectual property rights belong to you. The customer assumes all liability and responsibility for any and all copyright, trademark, service mark or other intellectual property claims. You agree to hold harmless and indemnify FOX from any claim or demand, including any court or attorney fees, made by any third party as a result of, or arising from content that you submitted or transmitted through the site. It is the Customer’s sole responsibility to ensure that the materials submitted for print production be free and clear of any copyright, trademark or service mark infringement.
All materials and software on this site are copyright 2019 by Education Specialty Publishing, LLC. All rights are reserved. No part of this site, material or software, may be reproduced or distributed in anyway with the expressed written permission of FOX.
Overruns and Underruns
FOX provides custom production services of printed catalogs, magazines and booklets. As such, during the production process there may be variations in the quantity produced. FOX can only guarantee that finished quantity with be plus or minus 10% of the original quantity ordered. Underruns are rare and if this occurs the Customer order will be refunded or credited an amount equal to the per piece price for each piece times the total quantity that was not delivered.
Denial of Service
We reserve the right to refuse services without comment for questionable material content. This content includes but is not limited to: nudity, indecent or improper materials, or any material that could give rise to criminal or civil liability.
Print Production Time
Print Production Time starts the following business day in which FOX has received Customer print-ready files, proof approval and payment for the order. Proofs must be approved and payment received by 5:00 PM Central time.
All prices are shown in U.S. Dollars. Prices are subject to change without notice. Customer agrees that all charges related to an order that they place on the site, including production fees, taxes and shipping/handling fees will be paid immediately by credit card, or other approved method.
FOX will charge sales tax on order shipped to address in accordance with state and local tax regulations. If Customer is tax-exempt, a sales tax exemption certificate must be delivered to FOX. If it is determined that an order was incorrectly charged sales tax and more tax is due, Customer will remit the corrected amount to FOX immediately.
Customer Artwork and Approval
You, the Customer, are completely responsible for approving the final production proof before the print production begins. FOX is not liable for defects in the final product due to the following: typos and misspellings, low resolution or poor quality graphic images, line art or vector, fonts that have been corrupted or are too small, transparency issues, overprint issues, errors in user selected options such as paper type, size, etc., file orientation, incorrect punctuation, incorrect cuts, cracking on folds, incorrect or absent fold or incorrect finished product size, damage to products in shipping or after receipt of products.
FOX requires that all artwork be submitted in CMYK color space and cannot be held responsible to changes to colors when color space is converted to CMYK. PANTONE® (spot colors) are not offered and CAM is not responsible for changes to color when converted to CMYK.
FOX is not responsible for production delays as a result of Customer files being incorrect or late.
FOX is not responsible for errors that arise in the finished product because of overprint or non-flattened files.
Once the Customer places and approves an order, they agree to the following statement: “I have confirmed that the spelling, content, graphics and layout of the document are correct. I know that the document will reproduce exactly as it appears in the online proof I was provided. I understand that once an order has been placed, the proof approved and production has started, I cannot make further changes to my document. I take all responsibility for typographic errors and omissions.”
FOX uses FedEx, UPS or other LTL carriers to accomplish shipping materials. FOX is not responsible for damaged or lost materials as a result of the shipping process. FOX is not responsible for delays caused by the shipping carriers. Please bear in mind that shipping companies calculate shipping transit times on business days (Saturday and Sunday and some holidays are not counted).
If Customer supplies an incorrect shipping address, FOX will resend the materials to the Customer’s corrected address once the material have been returned. Additional shipping fees will be charged to the Customer.
All Customer mailing lists remain the property of the Customer. The Customer is responsible for providing a correct and accurate mailing list to FOX. Customer list will never be distributed or offered for sale by FOX to any third party. Customer warrants that lists provided to FOX are the property of the Customer or appropriately licensed for Customer use.
All mailing delivery dates are estimates only. Customer acknowledges that FOX has no control of the delivery of the materials through the USPS. FOX’s responsibility ends once the materials have been delivered to the USPS Bulk Mail Entry Unit. FOX is not liable for USPS performance problems or delivery delays.
If you elect to use FOX’s indicia on a mail piece, you will not be sent any additional overages from the production run. FOX will send you five (5) copies of the printed materials as samples of the job.
Mailing Lists provided by FOX are sold on an “AS IS” basis. FOX does not warranty or assure the correctness, comprehensiveness or effectiveness of supplied mailing list data.
Notification of Defect
All complaints must be registered within 24 hours of receipt of the completed printed material. If FOX determines that there are print manufacturing errors and/or defects in your product, your job will be returned at no charge. All materials produced in the process of printing Customer job are the property of FOX. We reserve the right to keep copies of printed materials and to use these materials as samples for other customers. Customer files and artwork or images will not be used for national marketing by FOX without Customer written approval.
Customer may cancel an order without penalty before the print production proof has been approved. The request to cancel an order must be made via email to firstname.lastname@example.org. After an order has been proof approved, cancellation will result in cancellation charges depending upon the amount of labor and materials that have already been expended in producing the materials. Cancelled orders are subjected to labor rates for proofing and administration fees such as credit card fees and these charges will be deducted from Customer refund. Customer Service should be contacted to calculate the exact amount of cancellation charges.
Returns and Refunds
All sales are final, as each product produced is custom to the Customer and has no resale value. If FOX made an error in the print production process, the job will be reprinted. There will be no refunds or credits issued. Customer, at their own expense, must return all of defective materials within 15 days from the time the products were delivered to receive replacement materials.
Materials sent by the USPS mailing service are not eligible for return or refund. If there is a defect on a mail services job, FOX will evaluate potential refund/reprint on a case by case basis. USPS postage is not refundable once the materials have been submitted to the USPS Bulk Mail Entry Unit.
Disclaimer of Warranty
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICES TO BE PURCHASED UNDER THIS SERVICES AGREEMENT ARE FURNISHED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. In the event that the provision of any Service for the account of a Receiving Party by a Service Provider conflicts with such Service Providers provision of such Service for its own account or the account of other Receiving Parties, priority for the provision of such Service shall be allocated in a equitable manner on an aggregate basis, and in a manner consistent with the Receiving Party’s level of use of such Service during fiscal year 2008 up to the applicable Effective Date (or as described in the applicable entry on the Services Schedule).
Limitation of Liability
To the fullest extent permitted by law, in no event shall FOX, it’s officers, directors, employees, representatives, successors, assigns or affiliates, be liable for any incidental or consequential damages of any kind, whether based in contract, tort or otherwise, as a result or arising from the use of this site, or FOX print production or mailing services. In no event shall FOX’s (it’s officers, directors, employees, representatives, successors, assigns or affiliates) total liability to the Customer for damages, losses and causes of action, whether based in contract, tort or otherwise, arising from this agreement and use of the site and FOX print production and mailing services, exceed the total amount paid to FOX by the Customer.
You agree to defend, indemnify, and hold harmless FOX, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use of the Materials or your breach of the terms of this Agreement. FOX shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
The laws of the State of Louisiana shall govern the performance of this Agreement, include the Terms and Conditions, without regard to such state’s conflict of laws and principals. The Customer consents to the exclusive venue and jurisdiction of the courts located in St. Tammany Parish, Louisiana for any and all claims and disputes relating to or arising out of this Agreement and the Terms and Conditions of the site.