Terms of Service
1. Welcome to Paperless 4 Ink and Paperless4ink.com website
The website or app and services is provided to you by Paperless 4 Ink.
The following terms and conditions (the “Terms”) apply to our provision and your use of the Online form service and submission for the tattoo/permanent makeup/piercing/ eyelash extension/ med spa and services (“Services“) and materials (“Paperless4ink.com and the services”) through the website
This website materials and services makes up the Paperless 4 Ink and Paperless4ink.com services (the “Paperless4ink.com services“) when you use any of the website to access the service you agree to be bound by our terms and conditions and acceptable user conduct for using our website, app and services, including you as a visitor or user who purchase/offer or use one of the Paperless4ink.com services.
These Terms should be read alongside, and are in addition to our policies, including our privacy and cookies policies (the “Policies”).
Please read these Terms carefully. If you do not agree to these Terms, you must stop using the Paperless4ink.com website and the services immediately.
2) Eligibility for our Service
3) Service Order Terms
4) Privacy Data
5) About Us
7) Accounts and Registration
8) Account Responsibility
9) Purchase terms
11) Forms and Submissions
12) Limited License
13) Agreed Terms
14) Using the Service
15) No Spam Policy
16) Third-party Links
17) Intellectual Property Rights
18) Acceptable Use Conditions
19) User Posted Materials
21) DMCA Copyright Complaints
22) License to Use
23) Your Responsibilities and paperless4ink.com Rights
24) Copyright Policy
25) Privacy and Security
26) User Representations.
27) Information provided
28) Changes to the Service
29) Your Liability to Us
31) Legal Disclaimer and Warranties
32) Exclusion of Liability
33) Limitation of Liability
34) Electronic Communications
36) Our GDPR Data Protection
37) No Reliance
38) Entire Agreement
40) Privacy and Security
41) Privacy Disclosures
42) Data Protection Policy
43) Dispute Resolution
44) Governing Law and Jurisdiction
45) Notice to California Residents
2. Eligibility for Our Service
By using our Services, you represent and warrant that you have attained the age of majority where you reside (18 years of age in most jurisdictions) and are otherwise capable of entering into binding contracts including this Agreement. Persons who are at least 18 years of age but under the age of majority may only use our Services with legal parental or guardian consent. Accordingly, you agree that you are at least the age of majority or older, or have received legal parental or guardian consent from someone fully able and competent to enter into the terms, conditions, representations and warranties set forth in the Terms. If you are using our Services on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement
3. Service Order Terms
Your purchase of any service or products through the Site is subject to the terms and conditions stated on the applicable order form(s) and the applicable terms stated in these Terms. All prices are subject to change.
4. Privacy Data
In the course of using the Services, you may submit content to Paperless 4 Ink (including your personal data and the personal data of others) or third parties may submit content to you through the Services (all of the above will be referred to as your “Content”).
5. About Us
In these Terms, references to “we” or “us” are to Paperless4ink.com, is a company incorporated in the United States (with business registration number/ID C4610129) whose registered address is at 26791 Alicante Dr. Mission Viejo, CA 92691
Paperless 4 Ink and Paperless4ink.com is a platform which provides an online form submission and retrieval for the tattoo/permanent makeup/piercing/eyelash extension/ med spa industry.
Paperless 4 Ink will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the Paperless 4 Ink privacy policies). However, your Content is not regarded as confidential information if such Content: (a) is or becomes public (other than through breach of these Terms by Paperless 4 Ink); (b) was lawfully known to Paperless 4 Ink before receiving it from you; (c) is received by Paperless 4 Ink from a third party without knowledge of breach of any obligation owed to you; (d) is shared in the context of your account being migrated to an organization’s Enterprise account, if your account is registered using a work email address within that organization; or (e) was independently developed by Paperless 4 Ink without reference to your Content. Paperless 4 Ink may disclose your Content when required by law or legal process, but only after Paperless 4 Ink, if permitted by law, uses commercially reasonable efforts to notify you to give you the opportunity to challenge the requirement to disclose.
7. Accounts and Registration
To access some features of the Service, you may be required to register for an account with Paperless 4 Ink website. You will be allowed to select a password and username or provide additional personal information including Health History Forms (HIPPA regulated) which are filled out and stored, as well as, client information (including photos and ID photo), model release, covid release, minor procedure release forms, and procedure consent forms. Some of these information may be regarded a confidential information and may include personal identifying information (all “Your Information”).
8. Account Responsibility
When you register an account to use our services, you are required to be responsible to all of the following
1. Keep Your Password Secure. If you have been issued an account by Paperless4ink.com in connection with one of the Services, you are responsible for safeguarding your password and any other credentials used to access that account, even if you authorize other parties in your organization to access your account. You, and not Paperless4ink.com, are responsible for any activity occurring in your account, whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Paperless4ink.com immediately.
2. Keep Your Details Accurate. Paperless4ink.com may send notices to the email address provided to us by you on our website. You must keep your email address, and, where applicable, your contact details and payment details associated with your account current and accurate.
3. We reserve the right to modify, suspend or terminate the Service, any user account or your access to the Service for any reason, without notice, at any time, and without liability to you.
4. You can cancel your account at any time. Upon termination or cancellation, all licenses and other rights granted to you in these Terms will immediately cease. Notwithstanding the foregoing.
Some of our Services are billed on a monthly subscription basis (“Subscriptions”). Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal through your online account management page, or by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew.
10. Purchase terms
To purchase through the site you will have to place an order using our website. During this process, it is necessary to fill in mandatory information such as name, email and billing information. Upon completion of your purchase, we will process your order and give you access to the service and materials. You agree to provide accurate, current and complete information during these process and to keep the information up-to-date. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You shall be responsible for payment of all such taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Paperless 4 Ink Service. We may add to the fees at the then applicable rates.
11. Forms and Submissions
Paperless 4 Ink does not claim ownership of any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials you submit or make available for inclusion on or through the Paperless 4 Ink Service (“Forms and Submissions”). As between Paperless 4 Ink and you, you own all rights to your Forms and Submissions. When you make a Form, Submissions page or a Report “public”, you grant Paperless 4 Ink. A worldwide and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Forms and Submissions (in whole or in part) in any format or medium now known or later developed. Submissions and Reports will only made public with your permission. Paperless 4 Ink. does not pre-screen forms or submissions, and you agree that you are solely responsible for all of your Forms and User Submissions.
12. Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable personal license to access and use the Site and Services.
13. Agreed Terms
14. Using the Service
Permission to use Paperless4ink.com As long as you are complying with all of the terms and conditions of this Agreement, Paperless4ink.com gives you permission to access and use the Service solely to enable your personal use only. The Service is available for your personal, noncommercial use and should only be used for educational purposes or lawful purposes. Access to and use of the Service itself is free, but we do offer, and may add to in the future, optional site features that Paperless4ink.com may charge for. The right to access and use the Service is revoked in jurisdictions where it may be prohibited, if any.
You agree that you will not use the Paperless 4 Ink Service or any form(s) you create using the Paperless 4 Ink Service for scamming purposes to attract, lure, or illegally obtain payment of any sort from others by unjustifiable means such as posting a Paperless 4 Ink form as a money-making program on a classified ads site as an example of that. Any account reported or found doing so will be immediately suspended.
16. Third-party Link
17. Intellectual Property Rights
Paperless4ink.com provides an automated service which allows customers to create and produce their own custom printed items. We claim no intellectual property rights over the material uploaded to the Paperless4ink service. By uploading images or contents to our website you testify that you are the rightful copyright or trademark owner of said images, or that you have full permission of the copyright/trademark owner to use said images for reproduction and/or resale, or that the images uploaded to our site are in the public domain or are otherwise free of intellectual property protection. The images available for use in the Paperless4ink Gallery are either original work, or purchased by Paperless4ink.com for resale, or understood to be in the public domain and free for reproduction, distribution, and resale. Many of the images in our gallery were purchased by Paperless4ink.com as part of a library of public domain material and are believed to be, as was represented to us, free of copyright. Paperless4ink.com undertakes to obey all relevant copyright laws and does not intend to use the intellectual property of others in any unauthorized manner. If you find an image on our site which is not free for distribution, reproduction or resale and for which you hold a copyright or trademark, please notify us through the steps listed below and we will immediately remove it from our site. To make a claim, please provide us with the following:
• A physical or electronic signature of the copyright owner or the person authorized to act on its behalf
• A description of the copyrighted work claimed to have been infringed
• A description of the infringing material and information reasonably sufficient to permit Paperless4ink to locate the material
• Your contact information, including your address, telephone number, and email
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner
18. Acceptable Use Conditions
Your use of and access to this Paperless4ink.com website and the Contents are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:
1. You agree to use the Paperless4ink.com website and access the Contents only for lawful purposes and your use of the Paperless4ink.com website and Contents is in no way unlawful or fraudulent;
2. You agree not to use or access the Paperless4ink.com website or the Contents for the purpose of harming or attempting to harm minors in any way;
3. You agree not to distribute all or any part of the Paperless4ink.com website or Contents in any medium without our prior written consent, unless such distribution is offered through the functionality of the Paperless4ink.com website and permitted by these Terms including, without limitation
4. You agree not to alter or modify any part of the Paperless4ink.com website or the Contents;
5. You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Paperless4ink.com website or any features that (i) prevent or restrict use or copying of content or (ii) enforce any limitations on you, the use of the Paperless4ink.com website or access to the Contents;
6. You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
7. You agree not to use or access the Paperless4ink.com website or Contents for any commercial uses or for the benefit of any third party, including but not limited to:
8. You agree to use the Paperless4ink.com website and access the Contents in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Paperless4ink.com website, Contents;
9. You agree not to ask for, collect or harvest any personal data of any Visitor or Users of the Paperless4ink.com website or Contents;
10. You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
11. You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Paperless4ink.com website or app (including without limitation the Contents) for any other purpose other than as permitted by these Terms without our prior written consent;
12. You agree not to use the Paperless4ink.com website or the Contents in any manner intended to damage, disable, overburden or impair any Paperless4ink.com server or the network(s) connected to any Paperless4ink.com server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the Paperless4ink.com website;
13. You agree not to use any high volume, automated, or electronic means to access the Paperless4ink.com website or the Contents (including without limitation robots, spiders or D:DOS);
14. You agree not to frame the Paperless4ink.com website or the Contents, place pop-up windows over its pages, or otherwise affect the display of its pages;
15. You agree not to access or attempt to access any other Visitor or User’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present;
16. You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Paperless4ink.com website; and
17. You acknowledge and agree that the form and nature of the Paperless4ink.com website and Contents which we provide may change from time to time without prior notice to you.
18. You acknowledge and agree that we may stop (permanently or temporarily) providing the Paperless4ink.com website, Contents (or any part of the Contents) to you or to Users generally for whatever reason, at our sole discretion, without prior notice to you.
19. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).
19. User Posted Materials
Throughout your use of the Paperless4ink.com website and Contents, you may be able to provide content to the Paperless4ink.com website by uploading notes and replies, User discussions, profile pages, other content and media for social interaction, and notifications, surveys, questions, hypothetical, examples, etc. (collectively, “User Content”). We do not claim ownership of any User Content you may submit or make available for inclusion on the Paperless4ink.com website or Contents. Accordingly, subject to the licence granted to us and any applicable affiliates, the User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.
ANY USER CONTENT THAT YOU UPLOAD, POST OR OTHERWISE TRANSMIT VIA the APP, ELECTRONIC MAIL OR OTHERWISE, INCLUDING ANY VIDEO, MULTIMEDIA, DATA, QUESTIONS, COMMENTS, SUGGESTIONS OR THE LIKE IS, AND WILL BE TREATED AS, NON-CONFIDENTIAL AND NON-PROPRIETARY. ANY AND ALL USER CONTENT MAY BE USED BY US FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO, REPRODUCTION, DISCLOSURE, TRANSMISSION, PUBLICATION, BROADCAST AND POSTING. INCLUDING, BUT NOT LIMITED TO, IMPROVING SERVICES, AND/OR DEVELOPING CURRICULUM FOR FUTURE SERVICES WITHOUT INCURRING ANY OBLIGATION WHATSOEVER TO YOU, AND BY SENDING SUCH COMMUNICATION, YOU WAIVE ALL YOUR RIGHTS THERETO.
YOU ACKNOWLEDGE THAT YOU HAVE NO EXPECTATION OF PRIVACY WITH RESPECT TO ANY CONTENT THAT YOU SUBMIT AND THAT ANY CONTENT YOU SUBMIT MAY BE VIEWED BY PAPERLESS4INK.COM, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUBCONTRACTORS, AND OTHER ATTENDEES OF THE SERVICE PROGRAM
The Site, Services and Paperless 4 Ink Contents are protected by copyright, trademark and other laws of the United States and foreign countries.
21. DMCA Copyright Complaints
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
For the requirements of a proper notification
Name of Designated Agent:
You must not knowingly misrepresent your information that the Material is infringing when it is not. You will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the Material or activity claimed to be infringing.
22. License to Use
Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non-sub-licensable limited right and license:
1. to access, internally use and display the paperless4ink.com website Contents as an individual only at your location solely as necessary to browse and/or participate in the paperless4ink.com services provided by Paperless4ink.com
2. You must abide by all copyright notices or restrictions contained on the Paperless4ink.com website Contents. You may not delete any attributions, legal or proprietary notices on the paperless4ink.com website Contents.
3. Users are not allowed to download any of our material, anyone found guilty of this will have his account and services cancelled and also will be reported to the appropriate authority.
23. Your Responsibilities and paperless4ink.com Rights
You agree that you, are responsible for making sure that you have all rights in the User Content, including the rights necessary for you to grant us the foregoing licenses to the User Content. You represents, covenants and agrees on behalf of yourself that when you submit any contents on the platform, you have all required rights to submit, post, upload or otherwise, own, use or disseminate the Content you submits or uploads without violating any third-party rights. You are responsible for ensuring your Content complies with our “Acceptable Use and User Conduct” policy set forth in these terms.
All information posted or transmitted through the Service is the responsibility of the person that posted it, and we will not be liable for any errors or omissions in any content. Paperless4ink.com cannot guarantee the identity of any other Users with whom you may interact in the course of using the Service, or the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. You acknowledge that paperless4ink.com and its designees (such as teachers) reserve the right, but shall have no obligation, to pre-screen, filter, edit, remove, refuse to accept, post, display, or transmit any User Content through or on the Service in whole or in part at any time for any reason or no reason with or without notice and without liability of any kind. Additionally, we do not guarantee that we will publish any of your User Content, and reserve the right to remove User Content from the Service at any time for any reason, such as if we receive a notice reports a User Content infringes someone’s intellectual property rights.
24. Copyright Policy
It is our policy that any content included on the paperless4ink.com website or within paperless4ink.com Contents that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the paperless4ink.com website as soon as possible after we are made aware of such infringement or potential infringement.
If you are the owner of intellectual property rights, or are authorized to act on behalf of an owner, or authorized to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through the paperless4ink.com website by emailing a Copyright Infringement Notice to [email protected], containing at a minimum the details outlined in section below.
We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content. When you notify us in accordance with Copyright Notice terms, your written Copyright Infringement Notice must contain the following:
- statement telling us you believe that you have found content on the Paperless4ink.com website which you believe infringes your intellectual property rights;
- the title of the content concerned and the full URL for access to that content;
- Statement explaining how the content infringes your intellectual property rights;
- Your mailing address, telephone number and email address so that we can contact you;
- a statement that the information contained in the notice is accurate and that you are the owner of the intellectual property rights or have an exclusive right in law to bring infringement proceedings in respect of its use; and
- Your signature (an electronic signature is sufficient).
We will, act in our sole discretion, terminate User Accounts and access to the paperless4ink.com website in the first instance of any infringement, there won’t be any warnings. Zero-tolerance policy (regardless of whether the User has taken appropriate action as we may (direct).
25. Privacy and Security
26. Privacy Disclosures
27. User Representations.
You represent and warrant that:
- You are over 18 years of age and that you possess the legal right and ability to accept these Terms and to use the Site and the Service in accordance with these Terms.
- You agree to be financially solely responsible for your use of the Site and any of its services (as well as for the use of your Account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in these Terms.
- You are not relying on any representation made by us that has not been stated expressly in these Terms, or on any descriptions or specifications contained in any other document, including any catalogues or publicity material that we have produced.
- You will conduct such tests and virus scanning as may be necessary to ensure that data uploaded by you onto or downloaded by you from any paperless4ink.com server does not contain any virus and will not, in any way, corrupt the data or systems of paperless4ink.com or of any User or other person.
- You will keep secure any passwords used to sign in your account on paperless4ink.com website.
- You will hold the necessary Intellectual Property Rights (including licenses thereto) and will continue to possess such necessary rights in any User Content you upload into the Site for as long as Users require access to such User Content you commercialized through the Site.
- You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page or similar Service, use on any other any web site or product or similar Service, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Service, other than for use as contemplated in the Service in accordance with these Terms. This means, among other activities, that you agree not to deploy “robots” or “spiders” "database scraping", or any other activity with the purpose of obtaining lists of users or other information. You also agree that you will not use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service. Except with our written permission, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Service. If you attempt to access prohibited areas of the Service, you may be subject to prosecution.
- You accept full responsibility for all information, User Content and other material you post and issue through the Site, and you will indemnify us and hold us harmless against (i) any liability in relation thereto, as well as for all costs, expenses, loss or liability that we may suffer (directly or indirectly) resulting from your breach of these Terms, and (ii) your use or misuse of the Site or the Service and the use or misuse of the Site or the Service by any person using your account. In particular, you undertake that you shall not publish or issue any information that is illegal, offensive, defamatory or deceptive. You also acknowledge that we do not vet or approve any information or material available through the Service and that we do not accept any liability.
28. Changes to the Service
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether, including, for example, if you do not comply with this Agreement or if we are investigating suspected misconduct. You can stop using our Service at any time, although we’ll be sorry to see you go. We may also add or create new limits to our Service or restrict your access to all or a part of the Service at any time without notice or liability.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. Restrictions Except as expressly permitted under this Agreement, you agree that your permission to use the Service is conditioned upon you following all the restrictions set forth in the “Paperless4ink.com website” and “Acceptable Use sections.
29. Your Liability to Us
You indemnify and keep us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by us resulting (directly or indirectly) from:
- You submitting user Content to the Paperless4ink.com website or participating in the Paperless4ink.com services
- Your access to or use of the Paperless4ink.com website Services;
- Your breach of any of these Terms; and
- Any negligent act or omission, deliberate default or breach of statutory duty on your part.
- Each indemnity in this paragraph is separate and independent from the other obligations in these Terms. Each of these indemnities is to remain fully effective despite any indulgence granted from time to time and despite any judgment or order.
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
31. Legal Disclaimer and Warranties
The service (and any associated products, features, content, third-party content, third-party websites, third-party applications, user content, Paperless4ink.com technology or software and any other content (“collectively the “Paperless4ink.com offerings”) are provided on an “as is” and “as available” basis.
Without limiting the generality of the foregoing, Paperless4ink.com (and its parent, successors, affiliates, subsidiaries, contractors, service providers, employees, officers, directors, suppliers, licensors, partners and agents (“Paperless4ink.com parties”) expressly disclaims all warranties or representations of any kind, express, implied or statutory, regarding the Paperless4ink.com offerings, including, without limitation, any implied warranty of quality, accuracy, performance, availability, merchantability, quiet enjoyment, fitness for a particular purpose, title or non-infringement.
In particular, Paperless4ink.com parties makes no representation or warranty that the Paperless 4 Ink offerings
(1) Will meet your requirements or expectations, or be to your liking,
(2) Will be timely, secure, accurate, free from errors or loss, or uninterrupted, or that the services are free from viruses or other harmful components, or
(3) That any defects or errors will be corrected. Some features are experimental and have not been tested in any manner.
Any material downloaded from the website or otherwise obtained through the use of the service is done at the user's own discretion and risk, and the user will be solely responsible for any damage to their computer system or loss of data that results from accessing or downloading any such material. No advice or information, whether oral or written, obtained by the user from Paperless4ink.com shall create any warranty not expressly stated in these terms and conditions of use.
32. Exclusion of Liability
Paperless4ink.com is not liable or responsible for any loss or damage that may result to you or a third party as a result of your or their use of Paperless4ink.com website or its Mobile App sites. This exclusion covers all servicing, costs, indirect or consequential loss, and whether in tort or contract or otherwise in connection with Paperless4ink.com website.
Nothing in these terms and conditions shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the contract law in London, United Kingdom); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) Any liability which cannot be excluded or limited under the laws of the United Kingdom.
33. Limitation of Liability
UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL PAPERLESS4INK.COM OR THE PAPERLESS4INK.COM PARTIES , BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PAPERLESS4INK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE UNITED KINGDOM OFFERINGS; OR (iii) ANY INTERACTION WITH ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE PAPERLESS4INK.COM OFFERINGS, INCLUDING OTHER USERS.
IN NO EVENT WILL PAPERLESS 4 INK OR PAPERLESS4INK.COM PARTIES BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO PAPERLESS4INK.COM FOR USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM).
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, PAPERLESS4INK.COM’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
34. Electronic Communications
For contractual purposes, you (1) consent to receive communications from Paperless4ink.com in an electronic form such as email, to provide special deals, and promotion; (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Paperless 4 Ink provides to you electronically via email satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect your statutory rights.
36. Our GDPR Data Protection
We collects and uses personal data of users to the extent that is necessary for the creation, design of content or modification of the contractual conditions for Paperless4ink.com Website between the user and Paperless4ink.com site. If Paperless4ink.com Website is involved in the communication for a Paperless4ink.com Services agreement between the user and Paperless4ink.com, it shall transfer the data required for this agreement to the respective service provider. This service provider processes and uses the data to initiate, conclude and execute the contract on its own responsibility. The identity of the respective service provider can be taken from the website contact us page.
37. No Reliance
You should not solely rely on the Material, but should instead seek other opinions before taking or failing to take any action which could lead to injury, harm, death or damage of any kind.
38. Entire Agreement
This Agreement is the entire agreement between the user and Paperless4ink.com and supersedes any prior understandings or agreements (written or oral).
39. Copyright License
Copyright (C) 2020(S) Of First Publication Paperless4ink.com
Subject to the express provisions of these terms and conditions. We, together with our licensors, own and control all the copyright and other intellectual property rights in paperless4ink.com website and the material on our website or app; and all the copyright and other intellectual property rights in paperless4ink.com website and the material on our website are reserved.
You agree, to the extent permissible by your state’s laws, to indemnify, hold harmless and defend Company and the Paperless4ink.com Parties from and against all damages, losses, demands, liabilities, judgments, settlements, costs and expenses of any kind (including reasonable attorneys' fees) from any claim or demand made by any third-party relating to or arising out of (i) your access to, use, or misuse of the Service or site features, (ii) your breach of alleged breach of this Agreement, (iii) your failure to comply with applicable Laws (including any failure to obtain or provide any necessary consent), (iv) the infringement by you or any third-party using your account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (v) your breach or alleged breach of any interaction, agreement, or policy between you and any other Users.
We reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Paperless4ink.com. Paperless4ink.com will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
41. Privacy and Security
However, no Internet or email transmission is ever fully secure or error free. Therefore, you should take special care in deciding what information you send to us via the Website or email. Please keep this in mind when disclosing any information via the Internet
42. Data Protection Policy
43. Dispute Resolution
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Paperless 4 Ink and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions
You and Paperless 4 Ink agree that any dispute arising out of or related to these Terms or our Services is personal to you and Paperless 4 Ink and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes
Except for small claims disputes in which you or Paperless 4 Ink seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Paperless 4 Ink seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Paperless 4 Ink waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Paperless 4 Ink or relating in any way to the Services, you agree to first contact Paperless 4 Ink and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Paperless 4 Ink by email at [email protected] The Notice must
• Include your name, residence address, email address, and telephone number;
• Describe the nature and basis of the claim; and
• Set forth the specific relief sought.
Our notice to you will be similar in form to that described above. If you and Paperless 4 Ink cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. In accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS blog site and are hereby incorporated by reference. You either acknowledge or agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason. You and Paperless 4 Ink agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. The arbitrator, Paperless 4 Ink, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this agreement by sending an email to [email protected]. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with this agreement. If any portion of this Section is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this terms or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this terms; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this terms is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this terms will be enforceable.
44. Governing Law and Jurisdiction
This terms and conditions shall be governed and construed in all respects by the Supreme Court of California. You agree that any claim or dispute you may have against must be resolved by arbitration. You and Paperless 4 Ink both agree to submit to the non-exclusive jurisdiction of the California Court; for claims falling within the United Kingdom jurisdiction, you and Paperless 4 Ink both agree to submit to Supreme Court of California.
Any dispute arising from these Terms and your use of the Services will be subject to Arbitration, without regards to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, hence it will be resolved by arbitration.
45. Notice to California Residents
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing, currently in order to resolve a complaint regarding our Site or to receive further information regarding use of our Site. Please see our California Privacy Acts Page
Paperless4ink.com may modify the terms herein contained at any time. Such modifications shall be communicated by email and shall be binding on you.
• All disputes relating to these terms and any services made by Paperless4ink.com to you shall be governed by the laws of the Supreme Court of California without reference to its conflict of laws principles and is subject to the exclusive jurisdiction in California.
• Paperless4ink.com opinion on all issues pertaining to the interpretation of these Terms shall be final and binding on you.
• Paperless4ink.com is subject to existing laws and legal process and nothing contained in these Terms is in derogation of Paperless4ink.com right and obligation to comply with the Law or governmental, court and requests of enforcement agencies.
• If any part of these terms are held to be invalid or unenforceable including, but not limited to, the 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 provision and is nevertheless valid and enforceable and the remainder of these terms shall continue in effect.
• You may not assign any rights or obligations against Paperless4ink.com without our prior written consent. Paperless4ink.com reserves the right to transfer any right or obligation against you upon notice to you. Upon such assignment, the assignee shall be bound by the Terms in the same manner as Paperless4ink.com shall cease to have any liability to you.
Paperless4ink.com shall not be responsible for any delay or deficiency due to any force majeure events such natural disasters, acts of terrorism, civil labor strife, labor and transportation strikes
If You Have Any Questions About These Terms & Condition, Please Contact Us at Email [email protected]