“Web Print” Terms of Use Agreement

AGREEMENT BETWEEN YOU AND EDIBAR SYSTEMS, INC.

“Web Print” is a web service operated by Edibar Systems, Inc. that allows you to create industry standard label formats.
These Terms of Use constitute a legal agreement between you and Edibar Systems, Inc. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the “Web Print” Services. If you do not accept these Terms of Use in their entirety, you may not access or use the “Web Print” Services.

MODIFICATION OF THESE TERMS OF USE

Edibar Systems Inc. may wish to update or change the terms, conditions and notices for the “Web Print” Services from time to time to reflect changes in the service, changes in the laws affecting the Services, or for other good reasons. You understand that Edibar Systems reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions and notices. Continued access to or use of the “Web Print” Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the “Web Print” Services shall be subject to the Terms of Use, as modified from time to time.

PERSONAL INFORMATION

You are required to have a “Web Print” account to use the “Web Print” Services. To set up an account, you must provide information about yourself and update this information as necessary in order to keep it current. Edibar Systems agrees that it will only use your personal information in accordance with the terms of the “Web Print” Privacy Statement, which is located at PrivacyPolicy.doc.

You are responsible for maintaining the confidentiality of your password and account information. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Edibar Systems immediately of any unauthorized use of your account. Edibar Systems is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

SOFTWARE AND CONTENT AVAILABLE ON THE “WEB PRINT” SERVICES

All content and software (if any) that is made available to view and/or download from the Web pages that are part of the “Web Print” Services ("Software") is owned by and is the copyrighted work of Edibar Systems Inc. and/or its suppliers. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Edibar Systems Inc. hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the “Web Print” Services in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by Edibar Systems Inc. and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.

LIABILITY DISCLAIMER

EDIBAR SYSTEMS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE “WEB PRINT” SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EDIBAR SYSTEMS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL EDIBAR SYSTEMS INC. BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE “WEB PRINT” SERVICES, WITH THE DELAY OR INABILITY TO USE THE “WEB PRINT” SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE “WEB PRINT” SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE “WEB PRINT” SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EDIBAR SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE “WEB PRINT” SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE “WEB PRINT” SERVICES.

CUSTOMER SUPPORT

Edibar Systems provides information about how to use the “Web Print” Services on the Web pages that are part of the Service. If you have any questions about the “Web Print” Services or any problems that you would like to report, please direct them to tech@edibar.com

TERMINATION/ACCESS RESTRICTION

Edibar Systems reserves the right, in its sole discretion, to terminate your access to the “Web Print” Services or any portion thereof at any time, without notice. Edibar Systems may also terminate or suspend your access to the “Web Print” Services for inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Edibar Systems. The amount of time that Edibar Systems currently considers an "extended" period of time is:

Subscriber and Advanced Subscriber - 1 year

Upon termination of your “Web Print” account, your right to use the “Web Print” Services immediately ceases.

GENERAL

These Terms of Use are governed by the laws of the State of Michigan, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Macomb County, Michigan, U.S.A. in all disputes arising out of or relating to the use of the “Web Print” Services. Edibar Systems may assign these Terms of Use, in whole or in part, at any time. Edibar Systems performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Edibar Systems right to comply with governmental, court and law enforcement requests or requirements relating to your use of the “Web Print” Services or information provided to or gathered by Edibar Systems with respect to such use. You agree to indemnify and hold Edibar Systems, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the “Web Print” Services. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the documents expressly incorporated by reference above, constitute the entire agreement between you and Edibar Systems with respect to the “Web Print” Services and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Edibar Systems with respect to the “Web Print” Services. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

INTELLECTUAL PROPERTY NOTICES

All contents of the “Web Print” Web Site are: Copyright © 2002 Edibar Systems, Inc.

Edibar Systems, Inc.
51520 Regency Center Dr.
Macomb, Michigan 48042
U.S.A.
All rights reserved.

"Edibar Systems" is a registered trademark of Edibar Systems, Inc. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Edibar Systems may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the “Web Print” Services, including the Web pages that are part of the “Web Print” Services. Except as expressly provided in these Terms of Use, the provision of the “Web Print” Services and the furnishing of such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.