Terms Of Use for EliteFlyers.com

Please Read These Terms of Use Agreement Before Accessing This Website.
 Effective Date: This Terms of Use Agreement was last updated on May 03, 2016.

YOUR ACCEPTANCE

These Terms of Use (the “Terms”) outline your legal rights, obligations and remedies in regards to your use of the products and services offered by Elite Media Grp, LLC (“We,” “Us,” or “Our”). These Terms apply when you visit EliteFlyers.com (the “Site”) even if you do not register an account or make a purchase.
Our Privacy Policy [https://www.eliteflyers.com/cms.php?page=privacy-policy] also governs your use of the Site. If you do not want to accept and agree to these Terms or the Privacy Policy, you may not use the Site. Note that we may revise these Terms every once in a while whenever we feel it is appropriate, without notifying you. If you continue visiting our Site after we have published the revised Terms on this page, this constitutes your acceptance of the changes. So, please check this page periodically to take notice of any changes we made.

INTELLECTUAL PROPERTY

Our IP. All Site’ registered and unregistered trademarks, designs, information and images (the “Intellectual Property”) belong to us and our content suppliers. The Intellectual Property is protected by U.S. and international trademark, copyright, privacy, and other intellectual property laws. You obtain no interest in that Intellectual Property, provided, however, that you may download and view or print a copy of materials on this Site for personal use as long as you do not modify any content (including any copyright notice) in any way. All rights not expressly granted under these Terms are reserved by us. Unless expressly stated otherwise, you shall not copy, reproduce or replicate any Intellectual Property. We have the right but not the obligation to monitor and edit or remove any content submitted by users. We take no responsibility and assume no liability for any content posted by users or any third party.
Copyright Infringement Claims. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our Site to infringe anyone’s intellectual property rights. We will investigate copyright infringement claims if they are reported to us to info@eliteflyers.com.
Third Party Services. The Site may contain links to third party services that are not owned or controlled by us. We assume no responsibility for, the content, privacy policies, or practices of any third party services. In addition, the Site will not and cannot censor or edit the content of any third-party service. You acknowledge that we will not be liable for any and all claims, demands and damages of any kind and nature arising out of or in any way connected from any and all potential liabilities arising from the use of any third-party service. We cannot guarantee the availability or performance of any third party services used to support the Site. Such third party services may change their operations without notice to us. Therefore, we shall not be liable for any outages, version changes, delivery delays, failures, bugs, or termination of third party network service. Third party networks have their own terms of use, and you must comply with any such terms provided by any third party network.

USER CONDUCT

By using the Site, you represent, warrant and agree that:

You are 18 years of age or older.
If you place an order, you have a full capacity to form a legally binding contract.
You will provide a valid payment method information when necessary and pay all sums due when due. You will not use payment methods which you are not authorized to use. You will not use fake identity.
Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.
You will not create duplicate accounts and you will not share your account with anyone. You are solely responsible for all activity that occurs under your account.
Our Site may contain typographical errors or other inaccuracies.
Submission of untruthful reviews, posts or other content may result in account termination. We may reject or erase or edit any content submitted for any reason without prior notice to you, within our sole reasonable discretion. All content you submit to our Site is free of third party intellectual property claims and contains no vulgar, profane, defamatory, abusive, racist or hateful language or expressions. You will only submit true, complete and not misleading information to the Site.
Our Site content may not be copied for republication, either online or on paper, without our prior express written permission.
You will not submit unsolicited bulk or commercial messages ("spam") to our Site, other users or anyone else. Any unsolicited message must also not direct the recipient to any third party website or other resource.
You will not access our Site in order to gain a competitive advantage.
You will only use the Site for legal purposes and you will remain responsible for complying with all laws applicable to your use of the Site.
All persons who access the Site through your Internet connection (i) will have a legal right to do so, and (ii) will read and comply with these Terms of Use.
We have the right to refuse access, service or disable your account on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
You will not interfere with the proper working of the Site. You will not impersonate any other person or entity, submit any false, defamatory, offensive, harassing material, or any material that infringes or violates another party's intellectual property rights and rights of privacy and publicity.
These Terms will terminate automatically if you fail to comply with its provisions. If your EliteFlyers.com account is cancelled, we do not have an obligation to delete or return to you any of your content.

ORDERS AND PAYMENT

Product prices, availability and promotions are subject to change without notice prior to the time we accept your order. All prices and amounts are in U.S. Dollars. Tax exemptions will not be granted unless we receive a valid and signed tax exempt certificate with your product order or as otherwise provided by law.
We do not offer order splitting. All prices listed on our website are per set. If you require an additional number of sets, you must select this within the order details.
Final proof and layout is your responsibility. Please examine your artwork carefully prior to submitting your job to press. Any jobs that have been approved and processed for printing cannot be changed later because we use automated processes.

The printing production would start when ALL of the following criteria has been met:

Your order has been entered processed and the transaction approved
You have uploaded your artwork, created your artwork, or emailed your artwork.
You have viewed and approved your proof.
Your artwork has been cleared by Elite Flyers for printing.

Production turnaround for RUSH ORDERS that are approved AFTER 8:59AM EST; production starts the next business day.
Production turnaround for STANDARD ORDERS that are approved AFTER 11:59AM EST; production starts the next business day.
Please Understand that transit time for shipping is always in addition to production turnaround and it is advised that this be taken into consideration upon placing the order.
On each product page the production turnaround time for that product is listed within the product details. The estimated production turnaround listed on this site is based on the time that a print project takes to complete under normal circumstances, excluding Saturdays, Sundays and National Holidays. Please take this into consideration when ordering to meet a deadline.
Rush Orders placed on Friday on or after 9AM EST., do not process until the next business day.
Standard Orders placed on Friday on or after 12:PM EST., do not process until the next business day.
Next Business Day Orders MUST BE Paid for and Approved BEFORE 8:59AM EST. time in order to count that day as a Production Day.
Standard Production Orders MUST BE Paid for and Approved BEFORE 11:59AM EST. time in order to count that day as a Production Day.
We cannot guarantee orders can be ready on a specific day during the production process. We can only guarantee that your order will be completed and ready for shipping or for local pick-up on our before the last day of your orders production process.
If a delivery is impaired by an act of god, electrical failures, airline delays or cancellations, etc. Elite Flyers will make every necessary attempt to complete and ship your order on schedule. The customer agrees not to hold Elite Flyers liable under any of the above conditions
If we ship your job late, we will upgrade your shipping method at no additional charge. If this is not feasible, we will refund the difference in cost between the rush and standard production times. This guarantee does not apply to delays caused by you. Cancellation of a job because of turnaround time is allowed only if an EliteFlyers.com Customer Service Supervisor agrees to that in writing during the order entry process. If you have a time-sensitive job, please be sure to notify Customer Service at or prior to the time your order is placed.

We do not process orders on the following dates:

New Years Day - Jan 1
Memorial Day - Last Monday in May
Independence Day - July 4th
Labor Day - First Monday in September
Thanksgiving - 4th Thursday & Friday in November
Christmas - December 25th

PRINTING PROCESS

Quality Checks. We may stop your projects production if we notice that the artwork submitted is low resolution, contains errors or does not meet our artwork guidelines. We are not required to do such inspections but we might notice certain defects anyway. If your job is placed on hold, you can either submit new artwork or direct us to send the job to print as-is. We will not be liable for any delays caused by your failure to meet production design requirements. If we do not hear from you within 48 hours on business days, your job will be printed as-is and we will not be liable for any quality losses. Elite Flyers accepts no responsibility for color variations between your submitted print files and the final printed piece.
Gang Run Printing. Is the process we use to create your prints at substantially discounted prices. One of the downfalls of gang run printing is that we give up the control of an individual piece's color to compensate for the entire run. This does not mean that your colors will be drastically different, but means that your colors can vary slightly, leaving the final piece 95% - 100% accurate.
Proofing. You must provide at least 300 dpi resolution CMYK color images suited for offset printing. We are not liable for color variation between your proof and the final printed product. It is your responsibility to review your order prior to approving your order to print. EliteFlyers.com will not be responsible for your errors, including but not limited to spelling errors, low resolution artwork, design or color selection errors, wrong options selected (e.g. product type, paper choice, sizes, finishing options), duplicate orders, layout, incorrect shipping address. Please note that screen proofs will predict design layout, text accuracy, image proportions, but not the finished size, color or density.
Margins. Do not include any important content close to the trim line (the edge of final printed piece). If your artwork extends to the trim line, make sure to include a 1/8” symmetrical bleed (margin) for such designs. EliteFlyers.com allows for a 1/16 tolerance for error with each bindery process, therefore adherence to bleed and caution margins are important to image fidelity. Consider downloading the template from our Site for the product you are ordering and read the accompanying instructions.
Printing with Borders. Due to the nature of our cutting process, we do not recommend designs with borders. We cannot guarantee your bordered design will be perfectly centered after the cut. If you must print with a border, We suggest adding extra space between the boarder and the edge of your design.
Two-Sided Printing. You must upload artwork so that the finished piece lines up correctly. For flat, folded and die-cut work, excluding bound products, all pages are set up head to head. The head of a page is defined by the top of the rendered proof and the bottom is called the foot. The head of one side lines up to the head of the other page on a two sided print piece. EliteFlyers.com recommends that you always print laser proofs and line them up head to head to make a folding mockup, which will ensure your artwork is set up properly. You may need to rotate a page after proof review and resubmit art to ensure your pages will line up and print accurately. If you need assistance verifying the orientation of your artwork, please call us prior to placing your order.
Bound Jobs. All art submitted for bound products must be uploaded as a single, multi-page pdf file. The pages within your submitted pdf should be arranged and sorted in the same order as you want your finished printed product to appear. For example, a 28-page booklet or calendar pdf: page 1 = outside front cover; page 2 = inside front cover; page 3-26 = subsequent pages; page 27 = inside back cover; page 28 = outside back cover. EliteFlyers.com will not be able to proceed with your bound product order unless these minimum requirements are met.
Color Space Conversion. For predictable and accurate color results EliteFlyers.com recommends that you always use CMYK color space when designing your artwork and save your files without any color profiles embedded within the artwork. EliteFlyers.com is not responsible for any color shift that occurs in conversions from RGB to CMYK color modes. For assistance in creating your artwork in CMYK color mode, please contact us.
Blacks/Rich Black. Full color jobs that contain large solid areas of black ink should have the black set up as CMYK Rich Black (formula: 60%C, 40%M, 40%Y, 100%K). EliteFlyers.com will not be liable for printing a consistent, solid and rich black if artwork is not set up to this specification.
Color Accuracy. Elite Flyers guarantees that its prints will meet the CMYK printing industry's standard phrase of “respectable color”. Elite Flyers does not offer color matching and we are not liable for color or ink density compared to onscreen proofs approved by a customer. Onscreen proofs predict the artwork layout, bleed, spelling, grammar, image proportion and placement only. Onscreen proofs do not predict the color or color density of any artwork. Please note that due to the nature of our full-color CMYK “gang run” printing process, we do not guarantee color. Elite Flyers will make every effort to print your product as close to the colors your project requires. It is important that you follow our file submission guidelines to ensure an accurate color. The application of any finish or lamination may affect or change the appearance of printed colors. Elite Flyers is not liable for the final appearance of a color or any color shift between your artwork and the final print piece.
Reprints. We may, at our sole discretion, approve your request for reprint. In the event that you may have received a defective product, send us photos of the error in question to info@eliteflyers.com within 3 business days of receipt of your order. If we decide to approve a reprint, we will ship it to you using the original shipping method. Approved reprints must use the same artwork that was approved by the customer. In the event a customer wants to exchange their files, a new order must be placed.
Overuns and Underruns. Over-runs or under-runs will not exceed 5%. If a job is short, EliteFlyers.com will prorate the missing quantity in the form of a credit toward future orders. If a job is short 250 pieces or more, EliteFlyers.com may, in its discretion, reprint the missing amount. We run test runs of all projects in the amount of 150-200 sheets. Some of the test run may be included with the printed order.
Backups. You are solely responsible for creating backup copies of your content. EliteFlyers.com does not guarantee that content uploaded to the Site will be available for future use. EliteFlyers.com will use reasonable efforts to maintain art files and PDF proofs uploaded to the Site for a reasonable period of time, not to exceed a year.

REFUNDS AND CANCELLATIONS

All sales are final. Cancellations and full refunds are available only if you have not submitted any artwork to our service, approved and paid for your order. In the event you want to cancel your order prior to processing your order for print, EliteFlyers.com will refund your purchase price for any printed portion and/or shipping charges only. There are no refunds for artwork creation, changes, repairs, mailing list updates, and processing fees. All order cancellations must be submitted within 30 days of placing your order. Refund requests made after 30 days, if approved by EliteFlyers.com in its sole discretion, will be issued as a credit toward your next order.

SHIPPING AND ORDER PICKUP

Unfortunately, we cannot use a customer's shipping account with any carrier. All pricing for international shipments is in U.S. dollars. Our pricing includes product and shipping costs only; customs duties and other costs incurred as a result of international shipping are in addition to our costs and you are separately responsible for these costs. We reserve the right to refuse to ship to certain international locations. Please contact our Shipping Department for more information regarding international shipping.
Elite Flyers is unable to offer split shipments. If you need to ship to multiple addresses, each address would require their own unique order.
If a package is not delivered due to a customer refusal (which would include a failure to pick up the product from the carrier, if applicable) or an error made by the customer, e.g., not submitting the proper shipping address, it may cause the package to be reshipped (with the corrected address if applicable), and you will be charged an additional shipping fee for this reshipment. You may also incur additional fees as a result of the inability of the carrier to deliver the order, as card card-body as return fees. Even if you decline to have a product reshipped, you will continue to be responsible for the product cost, original shipping and any additional fees incurred as a result of the product being returned, and you consent to these fees being charged against the credit card used for the transaction.
If, after placing an order, you wish to change the shipping address you may do so up until the time the order is out for delivery. Each time that you request that we intercept and transport an order to a new shipping address (i.e., other than the one currently chosen) you will incur an administrative fee of at least eighteen dollars and fifty cents ($18.50) as card card-body as any increases in the shipping fees and other charges the shipping carrier may impose. You consent to these fees and charges being charged against the credit card used for the transaction.
We will make every effort to adhere to the estimated shipping schedule and delivery date for your order. However, equipment failures, technical problems, shipping delays and other problems beyond our control may delay the printing and delivery process. Under such circumstances rush charges and other production fees may be waived or refunded as applicable, however, such delays are not grounds for cancellation of an order. By placing an order on this site you are agreeing that we are not responsible or liable for, and no refund, cancellation or credit will be due as a result of shipping company delays, acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, international customs issues, any other circumstances that are beyond our direct control.
Please take note that if you choose a residential address as your delivery address the carrier will typically not require a signature at the time of delivery and the package may be left at the address. If you require a delivery signature, please contact Customer Service.
You can pick up your job at 407 Lincoln Road Suite 8F Miami Beach, FL 33139. Please bring your job order number with you. EliteFlyers.com will send you an email notification when your job is ready for pick up. You may also log in to your account to check the status of your job. You must pick up your job within 90 days from the date it is ready. If you do not pick up your job within 90 days, we will recycle your order. We will not be responsible or held liable for the discarded items.

SATISFACTION GUARANTEE

Our guarantee is that our printed products will conform to the industry standards and not be defective. All requests for reprints or refunds for defective jobs must be submitted to info@eliteflyers.com within seven (7) business days of receiving your order. If we determine that our product is defective, we will then reprint the job or issue a refund. We may request samples of any alleged defects prior to deciding on whether to approve your request. We may request you return the entire original print order to us, at your expense. Please include a return badgewith order details and date. We will process your request within five (5) business days of receipt of all the necessary information from you and the original print order (if we requested the return of it).
The foregoing is our sole responsibility with respect to a defective order. To the maximum extent permitted by law, EliteFlyers.com is not responsible for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if eliteflyers.com has been advised of the possibility of such damages), resulting from the job.
The following are just a few examples of issues that do not constitute valid grounds for a refund or a reprint:

Undeliverable orders. (We will reship the product at the customer's expense if requested).
Customer errors (wrong address, duplicate orders, not understanding product or print process, orders canceled after being entered into production, misspellings, graphics, bleeds, cuts, sizes, artwork of less than 300 DPI, etc.).
Prints delayed by carrier, acts of God, weather conditions, authorities, labor disputes or disturbances, and any other circumstances that are beyond our direct control.
Viruses or similar malicious code not detected using EliteFlyers.com's standard malicious code detection procedures.
Color shifts during the conversion to CMYK format. E.g., if you submitted your job in RGB or PMS Pantone colors.
Prints that do not perfectly match color or ink density. Eliteflyers.com does not color match or match customer specified ink density.

DISCLAIMER OF WARRANTY

USE OF THIS SERVICE AND ITS CONTENTS IS AT YOUR OWN RISK. THIS SITE AND ALL OF ITS CONTENT ARE PROVIDED "AS IS." YOU MUST NOT RELY ON ANY CONTENT PUBLISHED ON OR LINKED TO THIS SITE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SITE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SITE.

LIMITATION OF LIABILITY

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE SUM OF PAYMENTS MADE FOR PRODUCTS PURCHASED THROUGH THIS SITE, BUT IN NO CASE SHALL SUCH AMOUNT EXCEED $500.00. NO CLAIM, SUIT OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION, OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless our company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of any provision of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your user submissions caused damage to a third party.

REMEDIES FOR BREACH OF THESE TERMS

We may take any action that we deem necessary or appropriate if we believe that any user violates the Terms of Use, infringes any intellectual property right, privacy right or confidentiality principles, threatens anybody’s personal safety or uses offensive language. We may: (i) disclose user’s identity to law enforcement agencies, to any third party claiming violation of their intellectual property or privacy right, (ii) block user’s IP address, notify user’s Internet Service Provider, suspend or terminate any account on our Site, (iii) moderate any content submitted to us, (iv) take any other action provided for in these Terms of Use or available under equity or law.
These Terms and your license to use the Site will terminate automatically if you fail to comply with its terms and conditions. In the event of termination of these Terms for any reason, you must destroy all copies of the Site, cease and desist from accessing the Site. If your EliteFlyers.com Account is cancelled, we do not have an obligation to delete or return to you any of your content. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you.
Since we cannot ensure that all material submitted to us is accurate and free of third party claims, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.

GOVERNING LAW

These Terms and any action related thereto will be governed by the laws of Florida without regard to its conflict of laws provisions that would result in application of any other law. You consent to the exclusive jurisdiction and venue of the courts located in Miami-Dade County, FL in connection with any matter based upon or arising out of these Terms or the matters contemplated herein.

GENERAL

Relationship of the Parties. All parties are independent contractors to each other. Neither party is an agent, partner, employee or joint venturer of the other party.
Electronic Communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all
Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
Severability. Should any part of these Terms of Use be rendered or declared invalid by an appropriate authority, such invalidation of such part or portion of these Terms of Use should not invalidate the remaining portions thereof, and they shall remain in full force and effect.
No Waiver. Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.
Prevailing Language. In the event of any discrepancy between the English original version of these Terms and any foreign language translation, the English version prevails.

FEEDBACK

Please submit your inquiries to info@eliteflyers.com.