Service”) fully and carefully before using www.365prinitng.com (the “Site”) and the services, features, content, applications, or
products offered by 365 Printing, LLC (“we”, “us”, “our” or “365 Printing”) (together with the Site, the “Services”). These Terms of
Service set forth the legally binding terms and conditions for your use of the Site and the Services.
ACCEPTANCE OF TERMS OF SERVICE.
1 By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you
agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to
time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time
without notice to you.
2 Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such
Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this
3 These Terms of Service apply to all users of the Services, including, without limitation, registered and unregistered users.
4 ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE
ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING,
INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-
To sign up for the Services, you must register for an account on the Services (an “Account”). You must provide accurate and
complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of
another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other
than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene.
You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may
never use another person’s user account or registration information for the Services without permission. You must notify us
immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from
state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login
information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one
of our employees or affiliates.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs,
videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or
otherwise made accessible on or through the Services. You acknowledge that all Content accessed by you using the Services is
at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do
not guarantee that any Content you access on or through the Services is or will continue to be accurate.
NOTICES AND RESTRICTIONS
The Services may contain Content specifically provided by us or our partners and such Content is protected by copyrights,
trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all
copyright notices, information, and restrictions contained in any Content accessed through the Services.
AVAILABILITY OF CONTENT
We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do
not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and
for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to
such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to
remove or block any Content from the Services.
RULES OF CONDUCT
responsible for all of your activity in connection with the Services.
2 You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or
disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the
proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or
circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or
networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or
automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any
Content from the Services; (vii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate, (viii)
upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt,
damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to
damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or
(ix) otherwise take any action in violation of our guidelines and policies.
3 You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive
any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application),
except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create
derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that
you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
4 We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i)
satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including
investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv)
respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.
5 All orders of our products must be for personal use only. By purchasing our products, you hereby agree not to resell or
distribute such products for any commercial purposes. If we have reason to believe that your order is not for personal use,
we reserve the right to reject or cancel any order that you place.
THIRD PARTY SERVICES
The Services may permit you to link to other websites, services or resources on the Internet, and other websites, services or
resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk.
These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content,
functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link
does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we
shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in
connection with the use of or reliance on any such content, goods or services available on or through any such website or
PAYMENTS AND BILLING
Certain of our Services, including the purchase of any products offered by us, may be subject to payments now or in the future
(the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid
Service are deemed part of this Agreement.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your
Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the
terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors
by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at
the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize
us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make
payments using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has
already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the
financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor,
do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Some of the Paid Services, such as the purchase of 3D printing materials or other products, may consist of an initial period, for
which there is a one-time charge, followed by recurring period charges as agreed to by you. You will have the ability to specify
how regularly you would like to order any auto-replacing products. By choosing a recurring payment plan, you acknowledge
that such Services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to
cancellation. All recurring payments are fully earned upon payment. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY)
WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED
BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE
WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION
OR CHANGE YOUR PAYMENT METHOD, GO TO WWW.365PRINTING.COM.
CURRENT INFORMATION REQUIRED
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST
PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS
A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY
NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF
YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF
YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT WWW.365PRINTING.COM. IF YOU
FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS
SET FORTH ABOVE.
CHANGE IN AMOUNT AUTHORIZED
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition
or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be
charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment
provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as
one or more aggregate charges during or at the end of each billing cycle.
AUTO-RENEWAL FOR SUBSCRIPTION SERVICES
Unless you opt out of auto-renewal, which can be done through your Account Settings www.365printing.com/profile, any
subscription services, such as any auto-replacing products (“Subscription Services”), you have signed up for will be
automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the
then-current non-promotional rate. To change or resign your Subscription Services at any time, go to Account Settings www.
365printing.com/profile. If you terminate a Subscription Service, you may use your subscription until the end of your then-
current term; your subscription will not be renewed after your then-current term expires. All fees related to Subscription
Services are fully earned upon payment.
REAFFIRMATION OF AUTHORIZATION
Your non-termination or continued use of a Paid Service (including Subscription Services) reaffirms that we are authorized to
charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for
such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in
arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.
We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice,
effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If
you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees
paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of
You acknowledge that we have no duty to take any action regarding:
1 which users gain access to the Services;
2 what Content you access via the Services; or
3 how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no
representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable
for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF
PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS,
EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL
BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE
SERVICES IS SOLELY AT YOUR OWN RISK.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors,
directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise
from or relate to your use or misuse of, or access to, the Services or Content in violation of these Terms of Service, or
infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right
of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS,
BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH
RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND
WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES,
OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE
AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month
period or (B) $500.00.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
Arbitration. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A
THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO
THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE
RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION’S RULES FOR
ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY;
PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE
OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR
FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY
MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE
AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that
small claims court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a
different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide
arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A
CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT
TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in
claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s
account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act
and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a
hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration
administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may
be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not
have authority to award damages, remedies or awards that conflict with these Terms of Service. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or
these Terms of Services must be filed within one (1) year after such claim of action arose or be forever banned.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found
to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration
agreement will survive the termination of your relationship with us.
GOVERNING LAW AND JURISDICTION
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Georgia. including its
conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Gwinnett
We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or
discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by
posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of
electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of
the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check
these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to
these Terms of Service constitutes acceptance of those changes.
ENTIRE AGREEMENT AND SEVERABILITY
These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and
supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and
us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision
will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force
and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be
deemed a waiver of any further rights hereunder.
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our
reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior
written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Coupon codes have no cash value and cannot be redeemable for cash, and cannot be combined with any other offers. Limit one
coupon code per order. Coupon codes generally expire and are no longer valid for redemption 90 days after their date of
generation, but certain coupon codes may have their own redemption period as specified in connection with the coupon code
itself. The unauthorized reproduction, resale, modification, or trade of coupon codes is prohibited. Coupon codes are void where
prohibited, taxed or restricted. 365 Printing reserves the right to change or limit coupon codes in its sole discretion.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither
party has any authority of any kind to bind the other in any respect.
Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be
deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt
requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next
day delivery by recognized overnight delivery service. Electronic notices should be sent to email@example.com.
Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any
other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive
compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you
with written notice of such waiver through one of our authorized representatives.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
You may contact us at the following address: 365 Printing, 3250 Peachtree Corners Circle, Suite C, Norcross, GA 30092
EFFECTIVE DATE OF TERMS OF SERVICE:
November 30, 2015