Printalabs™ Membership Terms and Conditions

 

These Membership Terms and Conditions (“Membership Terms”) apply to all members of Printalabs™ Discount Program offered by Printalabs™ LLC., hereafter the “Program”, offered by Printalabs™ LLC (together with its affiliated companies, “Company”) and are effective and valid until noted otherwise. “Printalabs™ Discount Program” refer to products & services within Company or participating companies in the “Printalabs™ Discount Program” under agreement with Printalabs™ LLC to issue and/or redeem eligible discounts. “Printalabs™ Discount Program” includes marketing materials, kitchen apparel, promotional items, gift shop items, design services, & direct mail services, as well as additional products & services that may become available in the future. Upon your completion of the enrollment process you: (i) become a Printalabs™ Member (“you” or “Member”), (ii) are issued a Member Number (“Member Number”), and (iii) agree that you have read and accepted these Membership Terms. These Membership Terms are subject to periodic changes that Company may make in its sole discretion. Unless otherwise specified herein, all changes to these Membership Terms and the Participation Requirements apply to all Members. By using our website (https://www.printalabs.com), or the Printalabs mobile app (collectively the “Site”), participating in the Program or accepting any Program benefits or offers, you agree to these Membership Terms, which may be updated from time to time and are available for review at https://www.printalabs.com/membership-terms and will supersede all previous versions of these Membership Terms.

 

PLEASE READ THESE MEMBERSHIP TERMS CAREFULLY. THESE MEMBERSHIP TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.

These Membership Terms are subject to the Printalabs Privacy Policy found at http://www.printalabs.com/privacy-policy.

 

"Program-Eligible Qualifying Purchases" means qualifying purchases of eligible products and services from participating:

(i)            Printalabs™ Participating Merchants

(ii)           Printalabs™ catalogs branded by Printalabs™

(iii)          Printalabs™ -licensed businesses (products and services selected by these businesses from time to time)

(iv)          websites branded or sponsored by Printalabs™

(v)           third parties (including their websites) that are designated by Company, including but not limited to third party merchants, service providers, networks, aggregators, sponsors, etc.

 

The following are excluded from Qualifying Purchases (collectively " Non-Qualifying Purchases"):

(i)            sales and use taxes

(ii)           service fees

(iii)          donations to charitable organizations

(iv)        residential account purchases, including, without limitation, any purchase made with a different account, personal name, business name, shipping address and any other information that does not match the business account information (Membership), as indicated in Printalabs™ customer records

(v)         purchases from third-party vendors (other than participating Printalabs™ Discount Program) on Company-branded and Company-sponsored websites if to complete a purchase the customer is redirected to the vendor’s designated website (other than a participating Company-branded or Company-sponsored website)

(vi)          sales or auctions on eBay or any other websites

(vii)         the portion of any purchase price which is eliminated due to a coupon or other discount

(viii)      purchases, transactions, and other items excluded by the terms and conditions established by Printalabs™ Discount Program

(ix)          purchases outside the United States

(x)        any other items which Printalabs™ Discount Program, from time to time in their sole discretion, may elect or be required to exclude.

 

Receiving Discount(s)

When you enter your Member Number or other allowable membership identifier (i.e., phone number) at the checkout under the “Printalabs™ Member?” field, in accordance with these Membership Terms you receive your discount on your Program-Eligible Purchase amount ("Printalabs™ Discount Program") at the rate or rates established by Printalabs™ LLC and its affiliates.

Members can become eligible for discounts only by utilizing products and services by Printalabs™ Affiliates and/or Partners with the Printalabs™ Discount Program. Printalabs™ reserves the right in its sole discretion to modify at any time the amounts and rates or even terminate Program-Eligible Purchases and Discounted Offers, without prior notice to all Printalabs™ Members of its Discount Program.

Membership IDs will be issued solely by Printalabs™ Affiliates to the program and not by Printalabs™ LLC. Company or participating Printalabs™ Discount Program Affiliates may, but are not obligated to, offer promotions and programs for earning discounts on Qualifying Purchases from time to time in their sole discretion (“Discount Programs”). 

 

Printalabs™ Discount Program Participation

There is no Program membership fee. The Participation Requirements for each Member are that such Member: 

(i)                is a commercial customer

(ii)           has provided to Company or to Printalabs™ Affiliates (as part of their Program profile) such Member’s correct required profile information, which may include at Company’s or Printalabs™ Affiliates discretion

a.    first name

b.    last name

c.     business name

d.    full business address

e.    business phone number

f.     contact phone number

g.    contact email

h.    other such information as Company may decide

i.     has provided a valid unique email address or mobile phone number that such Member has the right to use and that Member has authenticated. Zip code may not be required to be provided when enrolling on the Site. Members who do not authenticate their email address through the mechanism provided by Company may have their membership terminated. 

                                          i.    Company may request proof of identification to verify

1.    your eligibility for Program membership

2.    membership participation

3.    your compliance with these Membership Terms. 

(iii)         By joining the Program, you agree to receive promotional emails from the Program. You may opt-out from these promotional emails at any time, but by doing so, you will cease being eligible for offers for Email Members.

If as a result in a change by Company in the Participation Requirements a Member no longer meets the requirements for participation, then, from the date of such change, such Member will no longer be entitled to receive Member benefits (and all purchases from the date of such change by such Member will be Non-Qualifying Purchases), unless and until such Member meets the revised Participation Requirements. Members who have not provided the information required in Section (ii) and Section  (iii) above (but who were valid Members prior to imposition of such requirements), will be entitled to continue as full Members of the Program (with the same rights and responsibilities as other Members); provided that, Company reserves the right to remove this exception at any time. 

Loss of Membership Number, Restrictions, and Taxes

You are entitled to only one Member Number and one Discounts Account. Company’s Affiliate is responsible to issue you a new Member Number, but your old Member Number will be cancelled immediately with a New Member Number request. If you have more than one account we may, in our discretion, combine your accounts into one Discount account. We also reserve the right to close accounts at any time in our discretion. You will immediately notify Company and the Company’s Affiliate in the event of a lost or stolen Member Number. Company is not responsible for (i) lost or stolen Member Numbers or (ii) any misuse resulting from lost or stolen Member Numbers. Misuse of your Member Number might cause suspension or even termination of your account and you will no longer be eligible for Printalabs™ Membership account or the Discount Program.

Member Numbers are not transferable and may not be sold, resold, exchanged, or bartered.

Fraud and Errors

Company may adjust your Member account status or Eligible Discounts & Qualified Purchases, at any time and without notice, due to any

(A)  computer error,

(B)  technical issues experienced by Company

(C)  machine malfunction

(D)  employee, customer, or other error

(E)  fraud or other misuse of Discounts or the Program or

(F)  other reason which Company deems appropriate. All transactions involving Discounts are subject to review and verification by Company. Discounts usage is based on the Discount Program that you signed up with Printalabs™ Partner / Affiliate, and all transactions involving Discounts are final unless otherwise determined by Company. Any violation of these Membership Terms may result in the cancellation of your Eligible Discounts and the suspension or termination of your Membership.

Overall Program Membership Terms

All references by the Company on the Site, or otherwise, to the Printalabs™ Membership Discount Program shall be deemed references to the Program. Use of the Site, without enrolling in the Program, does not make you a Member and does not entitle you to the benefits of membership in the Program. If any provision of these Membership Terms is found to be illegal or unenforceable the remainder of these Membership Terms shall be unaffected and shall continue to be fully valid, binding and enforceable. Any use of the term "partner" in these Membership Terms is intended to convey a valued business relationship and does not indicate the existence of a legal partnership, joint agency or other relationship involving shared ownership or shared liability with Company. Participation in the Program is subject to these Membership Terms and all other terms and conditions, rules, policies, and procedures that Company may establish or change at any time and from time to time without notice.

Company may change the Program and these Membership Terms at any time and without notice, including but not limited to

(i)            changing the Program’s Qualified Purchases

(ii)           changing the Program’s structure

(iii)          removing or changing Eligible Discounts, including the Qualified Purchases within

(iv)          revising the procedures and rules for Eligible Discounts and Qualified Purchases

(v)           associating, combining, integrating, linking, or merging the Program with other programs,

(vi)          associating, combining, integrating, linking, or merging other programs with the Program, and

(vii)         changing the list of participating:

(1)   Program Partners, Affiliates and Websites

(2)   Company or Program branded catalogs

(3)   Company licensed businesses

(4)   Company or Program branded or sponsored websites

Company may make these changes even if these changes affect your ability to use any discounts already accumulated. You are responsible for remaining knowledgeable about these Membership Terms. Your continued participation in the Program constitutes your acceptance of any changes to these Membership Terms.

If to access your Discount Eligibility you use a user ID and password, you are fully responsible for maintaining the confidentiality of your user ID and password and are fully responsible for all activities that occur with respect to your user ID and password, whether or not you authorize the activities. You must immediately notify Company of any unauthorized use of your user ID or password of which you become aware. You acquire no property rights in your password, Member Number, or Member account. You may not give access to your Member account or your eligible discounts to any third-party on-line service, or other service.

The interpretation and application of these Membership Terms is at the sole discretion and determination of Company, which in each case is final and conclusive. Member understands and acknowledges that certain limited time offers may not be available due to errors caused by equipment or system malfunctions, acts of God or other items outside of Company’s control, or incorrect Member information ("Interruptions") and therefore Member may not have an opportunity to take advantage of such offers. Company reserves the right, in its sole discretion, to either extend a limited time offer (or not) or offer an alternative offer (or not) in the event of an Interruption. If you wish to discontinue your participation in the Printalabs™ Membership Discount Program you may cancel it at any time by contacting: Printalabs™ Customer Relations at P.O. Box 365, Warner Robins, GA 31088 or by emailing us at customer.relations@printalabs.com

The laws of the State of Georgia apply to the Program and these Membership Terms without regard to any conflict of law rules that may require the application of the laws of another jurisdiction. Our failure to insist upon or enforce your strict compliance with these Membership Terms will not constitute a waiver of any of our rights.

Confidential Arbitration

You agree that by entering into these Membership Terms, you and PRINTALABS, LLC. are each waiving the right to trial by jury and the ability to participate in a class action.

YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO SUE OR GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT. ANY AND ALL DISPUTES PRINTALABS OR YOU HAS RELATING IN ANY WAY TO THE PROGRAM OR YOUR RELATIONSHIP WITH THE COMPANY (INCLUDING WITHOUT LIMITATION WITH RESPECT TO ELIGIBLE DISCOUNTS, PROGRAM DATA, YOUR TRANSACTIONS WITH THE COMPANY, COMPANY’S ADVERTISEMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES COMPANY SENDS TO YOU, OR THE USE OR DISCLOSURE OF ANY INFORMATION ABOUT YOU), THESE MEMBERSHIP TERMS, PRIVACY POLICIES, TERMS OF USE, THE SITE OR YOUR STATUS AS A MEMBER (COLLECTIVELY, “PROGRAM CLAIMS”) WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTENT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VIOLATE ANY COMPANY INTELLECTUAL PROPERTY RIGHT. PROGRAM CLAIMS INCLUDE CLAIMS BASED ON CONTRACT, TORT (INCLUDING INTENTIONAL TORT), FRAUD, AGENCY, YOUR OR THE COMPANY’S NEGLIGENCE, STATUTORY OR REGULATORY PROVISIONS, OR ANY OTHER SOURCE OF LAW. 

A Member who intends to seek arbitration must first send to the Company, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Company must be mailed to PRINTALABS, LLC. 111 Weaver Rd, Warner Robins, GA 31093, Attn: Printalabs™ Membership Discount. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence arbitration.

All arbitrations required by these Membership Terms will be conducted under the Commercial Arbitration rules of the American Arbitration Association. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. No arbitration brought under, or with respect to, Program Claims is to be joined to an arbitration involving any other party subject to these Membership Terms whether through class arbitration proceedings or otherwise. Unless Company and Member agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative, private attorney general or class proceeding.


YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST PRINTALABS, LLC. IN ANY COURT, OR IN ARBITRATION, WITH RESPECT TO ANY PROGRAM CLAIMS. THIS SECTION (CONFIDENTIAL ARBITRATION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND PRINTALABS, LLC. 

PRINTALABS™, LLC.

PRINTING AND MARKETING COMPANY

WARNER ROBINS, GA 31093

PHONE: (762) 252-9200

EMAIL: INFO@PRINTALABS.COM