BY VISITING, USING AND/OR REGISTERING WITH THE GOHIGHNOTE.COM WEBSITE (“SITE”), YOU (REFERRED TO HEREAFTER AS “YOU”, “YOUR” OR “USER”) AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS & CONDITIONS”).
THE TERMS & CONDITIONS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND HIGHNOTE AND GOVERN ANY AND ALL USE OF THE SITE BY ANY AND ALL USERS OF THE SITE AND ANY SERVICES OFFERED THEREFROM.
IF YOU DO NOT AGREE TO ALL OF THE TERMS & CONDITIONS, PLEASE DO NOT USE THE SITE OR ANY SERVICES OFFERED OR ACCESSED THROUGH THE SITE. IN THE EVENT YOU (OR THE BUSINESS ENTITY WHOM YOU REPRESENT OR ARE ACTING ON BEHALF) HAVE A SEPARATE AGREEMENT WITH HIGHNOTE THE TERMS OF THAT SEPARATE AGREEMENT SHALL GOVERN TO THE EXTENT THEY ARE INCONSISTENT WITH OR OTHERWISE CONFLICT WITH ANY OF THE TERMS & CONDITIONS HEREIN.
THESE TERMS & CONDITIONS ALSO INCLUDE THE ORDER TERMS AND CONDITIONS SET FORTH BELOW, WHICH ARE INCORPORATED BY REFERENCE INTO AND FORM A PART OF THESE TERMS & CONDITIONS.
User Conduct & Eligibility
You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, distribute, post, transmit, or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component or false or misleading indications or origin or statements of fact.
As a condition of your use of certain services offered through the Site, you may be required to setup an account with us. In doing so, you must always provide true and accurate account information (including, without limitation, ensuring that your account information remains current at all times), and you must timely update such information as appropriate. You hereby agree to promptly update your account information (if applicable) in order to keep it current, complete, and accurate.
Account Security: You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use or calamities caused as a result thereof.
You are not permitted to use the Site and its services if you are under 18 years of age. Any access to or use of the Site or its service by anyone under 18 years of age is expressly prohibited. By accessing or using the Site, you represent and warrant that you are at least 18 years old or older.
Use of this Site is restricted to making only real and legitimate requests to purchase the products or services offered (each, a “Request”), and shall not use this Site to make any speculative, false or fraudulent Requests. You may not use robots or other automated means to access this Site, unless specifically permitted by GoHighNote.com. You represent that you are of adequate legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site.
You agree that you will never place a Request in a false name or with an invalid credit card or other payment information.
You acknowledge that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
Permission is granted to electronically copy and print in hard-copy portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without our prior written consent is prohibited.
In addition to the foregoing and in consideration of being allowed to use the Site, you agree that the following actions shall constitute a material breach of the Terms & Conditions:
Distributing viruses or other harmful computer code(s);
Allowing any other person or entity to impersonate you to access or use the Site;
Using the Site for any purpose in violation of local, state, national, international laws;
Using the Site in a way that is intended to harm, or a reasonable person would understand would likely result in harm, to the user or others;
Circumventing any measures implemented by us aimed at preventing violations of the Terms & Conditions;
Collecting information about the Site or users of the Site without our written consent;
Modifying, framing, rendering (or re-rendering), truncating, injecting, mirroring, filtering or changing any content or information contained in the Site, without our written consent;
Using any deep-link, page-scrape, robot, crawl, index, click spam, macro programs, Internet agent, spider, or other automatic device, algorithm, program, or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Site or any portion thereof;
Accessing or using the Site for competitive purposes;
Disguising the origin of information transmitted to, from, or through the Site;
Impersonating another person.
We expressly reserve the right, in our sole discretion, to terminate a user’s access to any or all areas of the Site due to any act that would constitute a violation of these Terms & Conditions.
You agree that you will NOT upload any artwork files consisting of the following material: offensive, indecent or improper material, nudity, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. We will refuse an order based on foregoing reasons or for any other reason which in our opinion may be illegal in nature or an infringement on the rights of any third party. You accept full legal liability for the content of material processed and printed on your behalf and under your instructions. We further reserve the right to refuse an order without disclosing a reason.
Corporate Identification and Trademarks
“GoHighNote.com” and any and all other marks appearing on this Site are trademarks of HighNote in the United States and other jurisdictions (“Trademarks”). You may not use, copy, reproduce, republish, upload, transmit, post, distribute, or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without HighNote’s prior written consent. The use of Trademarks on any other website or network computer environment is prohibited. HighNote further prohibits the use of Trademarks as a “hot” link on, or to, any other website unless establishment of such a link is pre-approved by HighNote in writing.
All content included on this Site, including, without limitation, the data, designs, icons, illustrations, images, information, graphs, graphics, maps, photographs, software, typefaces, written and other material and compilations (collectively, “Content”) is the intellectual property and copyrighted work of HighNote, its licensees, and/or various third-party providers (“Providers”). Imitations, reproductions or storage of Content obtained from this Site, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code.
Except where explicitly provided otherwise by us, nothing made available to users via the Site may be construed to confer any license or ownership right in or materials published or otherwise made available through the Site or its services, whether by estoppel, implication, or otherwise. All rights not granted to you in the Terms & Conditions are expressly reserved by us.
DMCA Copyright Process
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. You can find more information is the U.S. Copyright Office website, currently located at https://www.loc.gov/copyright.
If you believe in good faith that content or other materials displayed on this Site infringe your copyright, you (or your agent) may send us a notice requesting that such material be removed, or access to it blocked. A conforming notice must contain the following: (a) your name, address, telephone number, and email address (if any); (b) identification of the material that you believe in good faith is infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to locate the material on the Site; (c) statement that you, the complaining party, 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; (d) a statement under penalty of perjury that the information in the notification is accurate and that you are (or are authorized to act on behalf of) the owner of an exclusive right that is allegedly infringed; and (e) your physical or electronic signature as the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
HighNote has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA:
Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material or content displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply will all applicable laws, rule and regulations.
Links to Third Party Websites
From time to time, this Site may contain links to websites that are not owned, operated, or controlled by us or our affiliates. All such links to such websites are provided solely as a convenience to you. If you use these links, you may leave this Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this website, you do so on your own volition, and entirely at your own risk.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE COVERED PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO US FOR THE REQUESTED PRODUCT AND/OR SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HIGHNOTE – INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE “COVERED PARTIES”) – BE LIABLE FOR ANY CLAIM, DAMAGE, INJURY, DEATH, LOSS, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS A RESULT, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. UNDER NO CIRCUMSTANCES SHALL HIGHNOTE BE LIABLE TO YOU OR ANY OTHER CUSTOMER FOR SAID CUSTOMER’S LOSS OF BUSINESS, LOSS OF PROFITS, POSTAGE OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY SUCH CUSTOMER AS A RESULT OF OUR ERROR, MISTAKE, OR FAILURE TO PERFORM SERVICES.
Indemnification; Injunctive Relief
You agree to defend, indemnify and hold harmless the Covered Parties (as defined above) from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to (A) your use of the Site, (B) your breach of the Terms & Conditions, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Site using your password, and (E) any image or content being reproduced as part of your order. If using the Site on behalf of a Third Party (as described below), you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.
You agree that a breach of these Terms & Conditions will cause irreparable injury to HighNote for which monetary damages would not be an adequate remedy and HighNote shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
If you use this Site to submit Requests for or on behalf of a third party (“Third Party”), you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Request submitted, including related fees, charges and performance obligations. In addition, you must make the Third Party aware of all Terms & Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.
User Comments, Feedback and Other Submissions
You may be able to submit feedback, comments and suggestions for improvements to the Site (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Site or in any such Feedback. All Feedback becomes the sole and exclusive property of HighNote, and HighNote may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim.
You hereby assign to HighNote any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. HIGHNOTE DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
HighNote reserves the right to terminate your account and access to the Site and its services at any time. Termination by HighNote may include removal of access to the Service, deletion of your password, deletion of all related information and files, may include the deletion of content associated with your account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site.
Updating these Terms
We may modify these Terms & Conditions from time to time in our sole discretion, in which case we will update the “Last Updated” date at the top of these Terms & Conditions. It is your sole responsibility to review the Terms & Conditions from time to time to view any such changes. The updated Terms & Conditions will be effective as of the time of posting, or such later date as may be specified in the updated Terms & Conditions. Your continued access or use of the Site after the modifications have become effective will be deemed your acceptance of the modified Terms & Conditions.
Changes to the Site
We reserve the right, for any reason, at our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, prices, features or hours of availability. We may impose limits on certain features of the Site and/or restrict your access to any part or all of the Site without notice or penalty. You agree that HighNote will not be liable to you or to any third party for any such limitation, modification, suspension, or discontinuance of the Site.
The captions in these Terms & Conditions are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of these Terms & Conditions. None of the Covered Parties are responsible for any errors or delays in responding to a Request caused by an incorrect email address provided by you or other technical problems beyond their control. If any provision of the Terms & Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced to the maximum extent possible so as to affect the intent of the Terms & Conditions, and the remainder of the Terms & Conditions shall remain in full force and effect. The failure by either you or HighNote to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the Terms & Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. All provisions in the Terms & Conditions pertaining to disclaimers, representations and warranties, indemnification, and limitation of liability shall survive the termination of the Terms & Conditions.
Governing Law & Exclusive Venue for Disputes
The internal laws of the State of California shall govern your use of the Site and these Terms & Conditions, without regard to such state’s conflicts of laws and principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in the County of Los Angeles, in the State of California for all disputes arising out of, or relating to, the Terms & Conditions and use of this Site and/or its services. You and HighNote agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms & Conditions.
Our postal address is:
HighNote 11750 Diode Court Louisville, KY 40299
Except as explicitly stated otherwise, any notices shall be given by email to HighNote at info@GoHighNote.com or to you at the email address you provide to HighNote. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
ORDER TERMS AND CONDITIONS
All prices and amounts shown on this Site are in U.S. Dollars (USD), unless stated otherwise. All prices presented on the Site and stated herein are based on current costs and subject to change without notice; payment amounts and other terms may be subject to additional agreements between User and HighNote.
If a User submits an order on the Site to purchase printed products, mailing services, design services or other services, the User understands and agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card or paid by User with an approved payment method.
Production of all items ordered is subject to the terms outlined below in the “Printing Turnaround Time” section and will not begin until an order is fully paid, including applicable shipping, handling and postage fees, except where HighNote has explicitly agreed to special delayed payment terms (e.g. Net 30) with the User prior to placing an order. Users who have delayed payment agreements with HighNote are required to provide payment in accordance with the terms of their applicable payment agreement(s).
Once the print file(s) associated with an order have been approved by the User as described below in the “Printing Turnaround Time” section, the corresponding order will be “In Production”, and no changes to the job characteristics, or printing turnaround time will be permitted. After an order is In Production, the entire amount of the order along with applicable taxes and shipping/handling/postage fees shall be deemed fully paid and non-refundable, except as provided for in the Return & Refund Policy below. Additional Service Fees, List Purchase and USPS Postal Costs are non-refundable. Except as provided for in the Return & Refund Policy below, any payment received from the User shall be deemed fully paid to HighNote and non-refundable at a rate of twenty percent (20%) per calendar month that passed after the date of the User’s initial submission, even in events where the print job never reaches the “In Production” or shipment phase due to no fault of HighNote (e.g. User fails to respond to approval of proof/print job, User fails to provide information to complete the print job or shipment, User otherwise fails to cancel his or her order prior to reaching the “In Production” phase, etc.).
Return & Refund Policy
At HighNote, we aim to provide our Users with the best possible printing experience. If you are not 100% satisfied with your order for any reason, please contact the customer service department. Depending on the issue at hand, potential solutions are:
100% Refund or reprint on any defective print orders
100% Free expedited reprint on any orders lost in transit
20% Refund for every business day that your order is printed late
All policies are subject to change without prior notification. Defective product refunds and reprints shall not exceed the amount paid by the User or $1,000.00 (whichever is less). Determination of defect is at the sole discretion of HighNote. In most cases, Users will be requested to submit digital photos documenting the product defect and/or ship the defective products back to customer service. Free expedited reprint on any orders lost in transit is limited to orders less than or equal to $500. Turnaround and shipping for reprint orders will vary depending upon available production capacity and manager’s discretion.
Direct mail services including printing, mailing services, list services, and design services are not subject to the foregoing return policies. Refunds or reprint on direct mail orders will be evaluated on a case-by-case basis and any refund/reprint shall be determined by HighNote in its sole discretion. Regardless of the type of job, under absolutely no circumstance will postage be refunded for any reason once it has been physically applied to an item ordered, regardless if it is yet to be mailed or not.
Promotional and Referral Codes
We may offer certain promotional codes, referral codes or similar promotional coupons (“Promotional Codes”) that may be redeemed for discounts, or other features or benefits related to HighNote, subject to any additional terms that we may establish. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (d) may be disabled or have additional conditions applied to them by us at any time for any reason without liability to us; (e) may only be used pursuant to the specific terms that we establish for such Promotional Code; (f) are not valid for cash or other credits or points offered via HighNote; and (g) may expire prior to your use.
Our Sales Tax Policy
HighNote charges sales tax on orders picked-up from or shipped to addresses in accordance with state and local regulations unless you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate.
If, after the User has paid the invoice, it is determined that more tax is due, then the User must promptly remit the required taxes to the taxing authority or immediately reimburse the provider for any additional taxes paid.
If requested, after we have received your files for print, an online proof will be available for your review. Actual time will vary depending on our current workload. Jobs with proof requests will not be sent to press without your approval unless the proof approval is explicitly waived. Should you not approve your proof, we will print it as is and are thereby not at all responsible for the final quality or accuracy of the product. It is the User’s responsibility to log into their account and check the proof. We are not at all liable for delays in the order caused by User’s non-approval or delayed approval, of the proof. We do reserve the right, at our discretion, to make minor changes to the proof and product as needed for the efficacy of printing.
An online proof is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and over print issues. Nor do they show color change from RGB or Pantone to CMYK.
The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, punctuation or image placement. User is fully responsible for all that is contained in the final approved proof.
In some cases, HighNote offers hard copy proofs which show reasonable representation of the final printed product. Such proofs are recommended for color-critical art and must be requested by the User when the print order is made. Hard copy proofs are printed on a substrate different from the actual paper stock and while its main purpose is to show color, variations may occur depending on the finish selected (AQ, matte, UV) for the final print job. We do not offer hard copy proofs for art that would be printed on uncoated paper.
The request for a hard copy proof may involve an additional fee and would extend the amount of time needed to complete the job. For orders where a hard copy proof has been requested, the approval must be received by HighNote on or before our published cut-off times. We will make every effort to match colors in production when a hard copy proof is requested. However, it is the User’s responsibility to determine if they need a hard copy proof with their print order.
An order may not be canceled once it is “In Production”. If the order is still in the preflight or proofing stage, it may be canceled subject to the following fees, when applicable:
a) Orders placed, paid for and then canceled before 5pm EST on the same day may be refunded in full or booked as store credit to be applied to future orders;
b) Orders below $100 will not be subject to cancellation fees;
c) Orders from $100 to $500 will be subject to a $15.00 cancellation fee;
d) Orders $500 and above will be subject to a cancellation fee of 3.5% of the full order amount.
HighNote will reproduce color from submitted print-ready files as closely as possible but cannot always exactly match color and density (as viewed in a 5000K light booth). Because of inherent limitations with the printing process, as well as neighboring image ink requirements, the accuracy of color reproduction is not guaranteed. By placing an order with HighNote, you agree to and understand this limitation. We will do our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed piece. Under no circumstances will a reprint be honored for color variations that have occurred during the printing process. We are not liable for color matching or ink density on screen proofs that you approve. Screen proofs will predict design layout, text accuracy, image proportion, and placement, but not color or density. Application of UV coating may affect or change the appearance of the printed colors. We are not liable for the final color appearance of a UV coated product.
No Liability for Errors
HighNote is not liable for errors in a final product caused by any of the following reasons:
Spelling, punctuation, and/or grammatical errors
Low resolution or low-quality graphics and images
Artwork files that are not created following our specifications
Variances in color from the conversion of Pantone or RGB colors to CMYK
Errors in user-selected options such as size, quantity, paper and finish
Duplicate orders submitted by the User
Incorrect files uploaded
Incorrect file orientation
Cracking on folds
Damage to products after delivery to User
Incorrect or undeliverable shipping address
User is responsible for reviewing their files and correcting any issues prior to placing the order.
Over print and under print Policy
Due to the gang run method that HighNote uses, we cannot guarantee that every order will result in the exact number of items which was ordered. We can only guarantee that the order will come within plus or minus 10% of the number of items ordered. Although rare, in the event of an under run, if over 10% of the order quantity, we will either refund or give you Store Credit for the quantity of pieces we were “short”.
Prior to printing, our prepress department checks all submitted artwork files. However, you are still 100% responsible for the accuracy of your print-ready artwork files, and we encourage you to proofread all files before submitting to HighNote. We are not in any way responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By submitting the artwork to HighNote, you certify that you have the right to use the image(s) in your artwork files. DO NOT send any “one-of-kind” transparencies, prints, or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss or damage of images or artwork.
HighNote may also provide artwork design tools which offer a limited number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use and offer all such elements to other parties in the future. Other HighNote Users may use the same design tools to create images that may have similar or identical combinations of these elements. We provide no warranty of any kind that artwork created using the design tool will not infringe, or be subject to a claim of infringing, on the trademark, copyright or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any image, mark, logo name or design is legally available for your use and does not infringe on another party’s rights.
We may, based on our sole discretion, set limits to the maximum number of days that we shall retain designs or other uploaded files, as well as the maximum storage space that we would allocate to such files. We are not responsible for the deletion or failure to store any file whether uploaded or designed on our website. We reserve the right to delete any file stored which has been inactive for an extended period of time, or for any other reason, without prior notice.
Stock Images Terms
HighNote provides users access to professional stock images through an integration with Adobe and Shutterstock. The licensing fee(s) for any stock image(s) you include in your artwork file will be added to your final total during checkout. By purchasing stock image(s) in this manner, you agree to adhere to all applicable Adobe agreements. Any issues created as a result of using such images are subject to Adobe agreements; we are not responsible for any issues, failures, or mishaps that arise as a result of using this service.
You cannot return or exchange any stock image(s) that you purchased, and all sales are final.
Printing Turnaround Time
Printing turnaround time varies based on production schedules and begins after we have received your print-ready files, approval for your proof and full payment for your order unless you have approved net terms. If you have chosen to waive your proof approval, printing turnaround time begins after we have received your print-ready files and full payment for your order. For orders that do not have complete digital source files, or have files that are not print-ready, printing turnaround time will begin after we receive acceptable print-ready files regardless of when payment was made.
Please note that there is no production or shipping on Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, while Printing turnaround time includes printing, cutting, and binding, it does not include design, mailing, or shipping transit times. You should allow additional business days for delivery based on the shipping method you selected. The estimated printing turnaround time advertised on this site is based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays and holidays.
Unless you choose Pick Up, Delivery (available locally only) or Mailing Services, you will need to select one of the shipping methods presented to you on the Site. All shipping may be done using FedEx, UPS or other freight carriers. We reserve the right to use the most appropriate carrier for the required transit time and destination. When choosing a shipping method, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by the carrier. For instance, a product shipped Two Day service and picked up on a Thursday would be delivered by end of day Monday. UPDATE: Due to Covid-19 safety precautions, we are offering noncontact vestibule pick-ups and limited local deliveries until further notice.
Our responsibility is limited to preparing your printing order and turning it over to the carrier for shipping. Shipping transit times vary and we assume no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in delivery service, the breakdown of equipment, illness, etc.
You expressly agree that we are not liable for damages that occur during shipping.
Pick up orders will be kept for 30 days from the send date of the pick-up notification email. If the order has not been picked up from our facility within 30 days, it may be destroyed or recycled.
We reserve the right to modify the shipping option selected by you and retain any related difference in charges between shipping options, where HighNote completes the job prior to the turnaround time selected by you and there will be no adverse material impact on the target arrival date (see Target Arrival section below).
HighNote offers mailing services to users who upload their own mailing lists “Uploaded Lists” and to users who rent mailing list(s) from HighNote “Rented Lists”. It is solely the User’s responsibility to understand and comply with current mailing restrictions and all applicable federal, state and local laws, rules and regulations regarding direct mail marketing before placing the order with HighNote.
While in our possession, Uploaded Lists remain the exclusive property of the User and shall be used only with User’s instructions. You are responsible for checking the accuracy of Uploaded Lists before submitting to us and to make sure that there is no confidential information or notes not meant for the recipient. Uploaded Lists will not be sold or offered for use to any other party, and we will not utilize the list for any other purpose.
We contract the services of third-party vendors for the procurement of Rented Lists. If you use a Rented List at HighNote, you acknowledge that you have no proprietary rights to the data therein, and that it is your responsibility to use it as per the vendor’s terms by which it was rented. Rented Lists are only available for your marketing purposes. You do not have the right to transfer or sell Rented Lists to other parties.
All mailing delivery dates are estimates, not guarantees. Our responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). Our responsibility ends when the job is delivered to the US Postal Service Business Mail Entry Unit. In no event shall we be liable for USPS performance failures or delivery delays.
Our responsibility to rectify printing and mailing errors is only to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the value of the printing work performed. In no case will we be liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job. We are not liable for returned mail pieces that are undeliverable for any reason. The User will defend and hold us harmless in any suit or court action brought against by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities or losses resulting from circumstances where, acting as the User’s agent, uses copy, photographs, or illustrations that are believed by others to be libelous, harmful, or degrading to their reputations, images, or standing in the community or which in our sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against for actions of the User or User’s employees which may occur as a result of any mailing service including mailing list rentals.
All complaints must be registered within 24 hours of receipt of your final printing job. If we determine that your job contains manufacturing errors and/or defects, we will rerun your job at no charge.
All materials we create in producing your printed product are the property of HighNote. Although these materials will NOT be sold or given to any other party, we reserve the right to distribute free samples of your printed product. Please note that your printed product or images used for your printed product will not be used in any national advertising without your prior written consent.