This agreement (“Agreement”) describes the terms and conditions applicable to you to use The Newsletter Guru’s Concierge Print and Mail Services (“Services”) provided by Custom Newsletters, Inc. of Exton PA. This Agreement is effective upon you use of the Services or by selecting the “I Agree” button below. The parties agree as follows:
Included Services. Custom Newsletters, Inc. agrees to print and mail the number of newsletters that you ordered and for which you paid the agreed upon price.
Intellectual Property Warranty. By inserting your own content, you represent and warrant that you have the legal right to use any and all marks, logos, copyrights, or trademarks that you provided to Custom Newsletters, Inc. for publication in the newsletters prepared under this Agreement.
You agree to indemnify and hold harmless Custom Newsletters, Inc., its officers, directors, employees, agents, successors, and assigns (“Indemnified Parties”) against claims, demands, actions, losses and/or judgments, including costs and reasonable attorneys’ fees in which the Indemnified Parties are named as a result of or related to Services performed by Custom Newsletters, Inc. under this Agreement.
You shall indemnify and hold harmless Custom Newsletters, Inc., its officers, directors, employees, agents, successors, and assigns against any suit or proceeding brought against Custom Newsletters, Inc. by any third party for infringement of any worldwide copyright, trade secret, or trademark in connection with materials you supplied to Custom Newsletters, Inc.. You further shall be responsible for all costs and attorney’s fees in defending such actions.
Limitation of Liability.
Custom Newsletters, Inc. shall not be liable for any indirect, incidental, special, or consequential damages, however arising, even if it has been advised of the possibility of such damages. Custom Newsletters, Inc. liability for damages arising out of, relating to, or any way connected with the relationship of the parties shall in no event exceed the amount received by Custom Newsletters, Inc. from you under this Agreement, and if such damages result from specific services, such liability shall be limited to fees paid for the services giving rise to the liability from which the claim arose. You agree to the allocation of liability set forth in this section. You acknowledge that without its agreement to the limitations contained herein, the price charged for the Services would be higher.
Your sole remedy and Custom Newsletters, Inc.’s sole obligation in the event of a breach of this Agreement is, at Custom Newsletters, Inc.’s sole option: (i) to re-perform the Services, or (ii) to refund the amounts you paid for the Services which were not provided pursuant to this Agreement, provided you provided Custom Newsletters, Inc. with notice within thirty (30) days of the completion of the Services which you allege were not performed consistent with this Agreement.
Choice of Law. This Agreement is made in and shall be governed exclusively by the laws of the Commonwealth of Pennsylvania. You agree to the exclusive jurisdiction of the Chester County Court of Common Pleas or the United States District Court for the Eastern District of Pennsylvania.
Construction. The section headings herein are provided for convenience only and have no substantive effect on the construction of this Agreement. If any provision of this Agreement is to be held unenforceable, this Agreement shall be construed without such provision and all other provisions shall be deemed enforceable.
No Waiver. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party’s right to exercise such right or any other right in the future.
Expiration of Claims. Except for actions Custom Newsletters, Inc. may institute against you to collect unpaid fees, no action, regardless of form, arising out of this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.
Entire Agreement. This Agreement replaces and supersedes any prior verbal or written understandings, proposals, quotations, communications, and representations between the parties relating to the subject matter hereof.
Amendments. This Agreement may be amended only by a written document executed by a duly authorized representative of each of the parties.
Acceptance of Agreement.
By completing your order you indicate that you have read, understood and agreed to the terms and conditions set forth herein.
By completing your order you confirm that you are 18 years of age or older and are capable of entering into a binding agreement.