This Site is controlled and operated by Print Parts Inc. (“Print Parts”) from its offices located in Manhattan, New York, United States. This Terms of Service Agreement (“Agreement”) is between Print Parts and the user identified on the Purchase Order that specifically references this Agreement (“Customer”), and describes the terms that apply to the specified request to 3D print parts (“Quote” or “Purchase Order”). Print Parts provides a secure Additive Manufacturing Service (“Service”) and Part Deliverables (“Part” or “Parts”) to a Customer who uploads a three-dimensional object in the form of a part file (“STL” or “OBJ” file types). Print Parts uses various additive technologies, 3D printing equipment and machinery to produce Customer Parts directly from the supplied part files (“3D Print” or “3D Printing”) submitted at the time the order was placed.

By accessing, browsing and/or using this website (“Site”), you (“User”) acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties.

Print Parts may revise this Agreement at any time by updating this page. If the alterations constitute a material change to this Agreement, Print Parts will notify you by posting an announcement on the Site or by email correspondence. What constitutes a material change will be determined at Print Parts’ sole discretion. If you choose to use this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms of Service to which you are bound.

Access to the Services are void where prohibited. The Services are intended solely for users who are 13 years of age or older. Registration by, or access to Service by anyone under 13 is unauthorized and violates this agreement. Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside of our control. Print Parts reserves the right to suspend or discontinue the availability of the Site, any Service and to remove any Parts at any time at its sole discretion and without prior notice. Print Parts may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Parts and you are directed to retain your own copies of all your part files posted on the Site.

Print Parts makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of New York and User consents to the exclusive jurisdiction and venue in state or federal courts located in New York, NY.

Regardless of whether this Agreement is made with an invitation to bargain, an estimate, or an acceptance of Customer’s Parts, this Agreement constitutes the entire understanding between both parties with respect to the subject matter of this Agreement, and supersedes all other agreements, whether written or oral. This Agreement and Print Parts’ acceptance of Customer’s order for Services and Parts is expressly limited to, and expressly made conditional on, Customer’s acceptance of the terms of this Agreement, and Print Parts hereby objects to any different or additional terms, including any such different or additional terms in Customer’s purchase order, acknowledgement, or other documentation or communications relating to the subject matter of this Agreement without written consent and approval. The term “this Agreement,” whenever used in this Agreement, means, collectively, this Terms of Service Agreement and the Customer’s Purchase Order unless the context clearly states otherwise.

Customer hereby consents to this Agreement being formed electronically or otherwise without the need for a signature by either Customer or Print Parts. A printed version of this Agreement and a printed version of any notice in connection with this Agreement given by Print Parts in electronic form is admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by Print Parts.

Due to the Part geometry, size of Customer Parts, quantity of Parts in the Purchase Order and materials selected, Customer’s Part pricing can change and be unique to that Customer. Pricing terms contained in the Purchase Order are confidential, and Customer shall not disclose them to any non-employees other than its attorneys, accountants, and other professional advisors who are subject to a contractual or generally recognized legal or fiduciary obligation to maintain the confidentiality of those pricing terms.

Customer shall pay all applicable charges for the Services in accordance with the pricing, amounts, and payment terms stated in the Purchase Order. If no payment terms are stated in the Purchase Order, the payment terms are payment in advance of shipment. If any government taxing authority imposes a tax, duty, levy, or fee, excluding those based on Print Parts’ net income, upon any Services or Parts supplied by Print Parts under this Agreement, Customer shall pay that amount as specified in the applicable Purchase Order or Print Parts’ invoice or supply Print Parts with tax exemption documentation (e.g., a resale certificate) in which case Print Parts will not collect the taxes covered by that exemption documentation.

Customer’s submission of a Purchase Order constitutes an irrevocable offer by Customer to purchase the Services and Parts specified in that Purchase Order under the terms of this Agreement. Print Parts may, at its discretion, accept or reject the Purchase Order. Print Parts may accept the Purchase Order by confirming the Purchase Order in writing (by written confirmation, invoice, or otherwise), accepting payment for the Purchase Order, or providing the Services and Parts, whichever occurs first. This Agreement (and the Purchase Order) will become effective on the date the Purchase Order is received by Print Parts unless it’s rejected.

The Purchase Order is governed by this Agreement, and Print Parts shall provide to Customer the Services and Parts specified in the Purchase Order in accordance with, and subject to, this Agreement and any additional terms (such as materials and colors of Parts) specified in the Purchase Order. If the Purchase Order conflicts with this Agreement (excluding the Purchase Order), this Agreement will prevail unless the Purchase Order specifically (and not generally) identifies the conflicting terms in this Agreement and explicitly states that those terms do not apply but instead are superseded by the Purchase Order, in which case the Purchase Order will prevail.

Print Parts may cancel all or part of the Purchase Order for any reason, including the following reasons: (1) a single file submitted by Customer contains more than one object, not in the form of an assembly item; (2) Print Parts’ determination that the Part file submitted at the time of Purchase Order contains technical flaws that prevent it from being successfully printed; or (3) Print Parts’ determination that (A) a Customer-furnished Part contains, or Customer’s requested design of a Print Parts’ designed Part file would contain, or an item created from that Customer-furnished or Print Parts created Part would contain, anything illegal, tortuous, defamatory, libelous, hateful, threatening, abusive, harassing, pornographic, violent (including but not limited to any kind of weapon or firearm), or otherwise objectionable, or (B) the Customer-furnished Part, or an item created from that Customer-furnished Part, infringes or violates someone else’s rights, including copyrights, patents, trademarks, service marks, trade names, trade secrets, publicity, privacy, or other intellectual property, personal, or contractual rights. Print Parts may, but is not obligated to, provide Customer with an opportunity to revise the applicable Customer-furnished Part or requested design of a Print Parts’ designed Part to remove the elements that formed the basis for cancellation, in which event Print Parts may rescind its cancellation upon notice to Customer if Customer resubmits a modified Part or requested design that removes the elements that formed the basis for cancellation. If Print Parts cancels all or part of the Purchase Order under this section, Print Parts shall refund the fees paid for the cancelled Services and Parts to the Customer.

If Print Parts provides Customer a test Part for Customer’s approval and Customer approves that test Part, Customer will be deemed to accept upon receipt all Parts that are of a standard of quality at least as high as the test Part approved by Customer.

Customer is solely responsible for ensuring their Parts comply with any applicable Laws and voluntary industry standards maintained by ISO, ASTM, ASME, and other similar bodies, including those Laws and standards applicable to consumer and product safety, and Customer acknowledges that Print Parts will not test Parts for such compliance, unless agreed upon by Print Parts at the request and payment of the Customer. In this Agreement, “Laws” mean laws, statutes, regulations, rules, executive orders, conventions, and other legally binding official releases of or by any government body, in each case as then in effect.

Except as otherwise provided in the Purchase Order, (1) shipping dates provided by Print Parts are estimates only and are conditioned on Customer’s timely provision of the applicable Part files (if specified in the Purchase Order) and all necessary shipping and other information and (2) Print parts may make delivery in installments, in which case Print Parts may separately invoice Customer for each installment and Customer shall pay each such invoice without regard to subsequent deliveries. Print Parts shall use reasonable commercial efforts to meet estimated or requested shipment dates, but Print Parts is not liable to Customer for any late shipments.

Customer assumes risk of loss and the expense and responsibility for insuring, loss of, or damage to that Parts during and after delivery, and any claims for loss or damage to Parts in transit must be made to the carrier or Customer’s insurer and not to Print Parts.

Customer shall inspect Parts within three business days after receipt (“Inspection Period”) and either accept, or if any Parts do not conform to its applicable specifications as stated on the Purchase Order, reject those Parts. Customer will be deemed to have accepted the Parts unless Customer notifies Print Parts in writing of any Parts that don’t conform to specification before the end of the Inspection Period and promptly furnishes such written evidence or other documentation as reasonably required by Print Parts.

If Customer timely notifies Print Parts of any non-conforming Parts and provides all information Print Parts reasonably requested to evaluate Customer’s claim (such as photographs of the allegedly non-conforming issues), Print Parts reasonably determines that the Parts are non-conforming, Print Parts shall do one of the following: (1) replace the non-conforming Parts with a conforming Part, or (2) refund the price paid for the non-conforming Parts, together with all shipping expenses incurred by Customer in connection with the delivery of those non-conforming Parts to Customer. Print Parts shall issue refunds to the credit card or other payment method Customer used to place the Purchase Order. It normally takes financial institutions five to ten business days to post a refund transaction.

If Customer is an office, agency, or branch of the United States Government, Customer acknowledges that all Parts are provided as commercial items under the applicable civilian and military Federal Acquisition Regulations (FARs) and any supplement thereto, and with only those rights as are stated in this Agreement.

Print Parts is ITAR Registered and SAM compliant. Our government CAGE Code and Federal DUNS number are available by request. A Certificate of Conformance for your Purchase Order is available by request only. You can submit requests to your Print Parts Account Manager or by email to: contact@printparts.com

Customer acknowledges that the Parts are of U.S. origin. Customer shall comply with all applicable export and import control Laws in connection with Customer’s use of the Parts and Customer shall not export or re-export the Parts, directly or indirectly, to any country, or to any agent, representative, or foreign national of any country, without first obtaining all licenses required under export control Laws. In addition, Customer shall not use the Parts if Customer is located in a country embargoed by the United States or Customer is on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Service Orders. Customer represents that Customer is not located in, under the control of, or a national or resident of any such country or on any such list.

Customer acknowledges that Print Parts (or Print Parts’ suppliers) owns all interest in and to the Services and Existing Works, including all intellectual property rights embodied in or practiced by the Services and Existing Works. Print Parts reserves all rights not expressly granted under this Agreement.

Customer will own, and Print Parts hereby assigns to Customer, the copyright in the Parts, excluding works of authorship included in those Parts that are not developed under this Agreement, and any modifications of those works of authorship that are made under this Agreement (those works of authorship and modifications, “Existing Works”). Print Parts hereby grants Customer an irrevocable (subject to Customer’s payment obligations), non-exclusive, worldwide license to use, execute, reproduce, display, perform and prepare derivatives of Existing Works solely as embedded in the Parts, by means of any media or delivery technology now known or hereafter devised, including the right to authorize others to do any of the foregoing. Print Parts retains an irrevocable (except as revoked in accordance with the immediately following sentence), non-exclusive, worldwide, paid-up license to use, execute, reproduce, display, perform, sub-license, distribute, and prepare derivative works of Parts for which the copyright is owned by Customer solely for (1) research and development and other internal business purposes and (2) external marketing and promotional purposes, by means of any media or delivery technology now known or hereafter devised, including the right to authorize others to do any of the foregoing, subject to the following: Customer may “opt out” of the foregoing external marketing and promotional use license by informing Print Parts in writing, in which case the foregoing external marketing and promotional use license will end upon Print Parts’ receipt of Customer’s written opt-out notice.

Print Parts may use and disclose your feedback and other suggestions about the Services for any purpose without an obligation or liability of any kind, including any obligation to compensate you for them (just as you have no obligation to offer them), even if you have designated that feedback or suggestions as confidential.

Except as otherwise permitted under this Agreement, as allowed by applicable Law, or under a valid license, Customer shall not use Print Parts’ trademarks (including the Print Parts logo), or any confusingly similar marks, without prior written permission from Print Parts.

Print Parts provides the Services and Parts “as is” without any warranties, including any warranty of merchantability, non-infringement, and fitness for a particular purpose or any warranties regarding the strength, tolerances, or other characteristics of Parts. Without limiting the foregoing, Customer acknowledges that the Services are subject to the inherent limits of three-dimensional design and 3D print technology and the materials Print Parts uses for printing 3D printed Parts makes those Parts suitable for decorative purposes only, and the Parts are not suitable for use as toys or by children, and should not come into contact with electricity, food, liquids or heat unless they are designed to do-so. Print Parts does not accept responsibility for Parts that fail due to negligence, improper use or misconduct.

In addition to any other remedies available to Print Parts, Customer shall indemnify Print Parts against all reasonably foreseeable losses and liabilities arising out of Customer Parts or the use, performance, display, or distribution of the Parts, including those losses and liabilities that arise from Customer’s failure to obtain any licenses or approvals required and claims that one or more Customer Parts are libelous or directly or indirectly infringe any publicity, privacy, or intellectual property rights of another person.

To the fullest extent permitted by Law, Print Parts’ entire liability for all claims in the aggregate arising out of this Agreement will not exceed the amount of any actual direct damages up to the greater of $1,000 or the charges (if recurring, up to a maximum of 12 months’ charges) actually paid by Customer under the Purchase Order, regardless of the basis of the claim and regardless of whether any remedy provided by Print Parts fails of its essential purpose. Print Parts will not be liable for any claims by other Persons against Customer for losses or damages or for special, incidental, or consequential damages (including lost profits or savings), even if they are informed of their possibility. Customer acknowledges that the charges stated in this Agreement reflect the allocation of risk under this Agreement and that Print Parts would not have entered into this Agreement without these limits on its liability.

No amendment to this Agreement (including an amendment changing the scope of the Services or the requirements for the Parts) will be effective unless it is in writing and signed by both parties. No waiver of satisfaction of a condition or non-compliance with an obligation under this Agreement will be effective unless it is in writing and signed by the party granting the waiver, and no such waiver will constitute a waiver of satisfaction of any other condition or non-compliance with any other obligation.

If any portion of this Agreement is held to be invalid or unenforceable, that portion is to be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions will remain in full force and effect.

The Laws of the State of New York consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction, govern all adversarial proceedings arising out of this Agreement or the subject matter of this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply. If either party brings against the other party any proceeding arising out of this Agreement that is permitted under this Agreement to be brought in a court, that party may bring that proceeding only in the United States District Court for the Southern District of New York or in any state court of New York sitting in New York County, and each party hereby submits to the exclusive jurisdiction of those courts for purposes of any such proceeding. Each party hereby waives any claim that any proceeding brought in accordance with this section has been brought in an inconvenient forum or that the venue of that proceeding is improper.

Applicability of Arbitration Agreement. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of this Agreement or the subject matter of this Agreement, a party may demand that any such dispute be resolved by arbitration administered by JAMS, an established alternative dispute resolution provider, rather than in court, and each party hereby consents to any such dispute being so resolved, except that (1) Customer may assert claims in small claims court if Customer’s claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) Customer or Print Parts may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

If Customer agrees to arbitration with Print Parts, Customer is agreeing in advance that Customer shall not participate in or seek to recover monetary or other relief in any lawsuit filed against Print Parts alleging class, collective, and/or representative claims on Customer’s behalf. Instead, by agreeing to arbitration, Customer shall bring Customer’s claims against Print Parts in an individual arbitration proceeding only. If successful on those claims, Customer could be awarded money or other relief by an arbitrator. Customer acknowledges that Customer has been advised that Customer may consult with an attorney in deciding whether to accept this Agreement, including this Arbitration Agreement.

Customer shall not assign any part of Customer’s rights or delegate any part of Customer’s obligations under this Agreement without Print Parts’ prior written approval, except that Customer may assign Customer’s entire rights and delegate Customer’s entire obligations under this Agreement by notifying Print Parts in instances in which that assignment and delegation is to a Person that controls, is controlled by, or is under common control with Customer or a Person (other than a direct competitor of Print Parts) that acquires all or substantially all of Customer’s business, whether by merger, consolidation, or sale of assets, stock or other ownership interest. Any purported assignment or delegation in breach of this section will be void. Print Parts may assign its rights and delegate its obligations under this Agreement.

A party shall obtain the other party’s written consent before publicly using any advertising, written sales promotion, press releases, or other publicity matters relating to this Agreement or in which the other party’s name is used or could reasonably be inferred, except (1) for Print Parts’ promotional and marketing rights with respect to certain Parts under Purchase Order, and (2) Print Parts may refer to Customer and a factual description of the Services provided under this Agreement and reproduce, publicly display, and otherwise use one or more Customer’s logos in one press release announcing Customer as a Print Parts customer and in Print Parts’ list of references, promotional materials (including on PrintParts.com), internal business planning documents, annual report to stockholders, or as otherwise required by Law or to comply with generally accepted accounting principles.

When you check “I agree” to opt-in to the creation of social media campaigns and marketing content during checkout, you’re acknowledging and approving the use of your intellectual property rights to create marketing content and collateral that will be shared publicly , internally for strategic and planning purposes or externally to our affiliates, partners, shareholders or any other third-party that Print Parts conducts business with.

Print Parts may use information provided by Customer to send Customer information about Print Parts or Print Parts’ products and services unless Customer unsubscribes from those notifications.

Except as otherwise provided in this Agreement, for a notice or other communication under this Agreement to be valid, it must be in writing and the sending party must use one of the following methods of delivery: (1) personal delivery; (2) nationally recognized overnight courier (for example, Federal Express), with all fees prepaid; and (3) registered or certified mail, in each case return receipt requested and postage prepaid.

For a notice or other communication under this Agreement to be valid, it must be addressed: (1) if to Print Parts, to Print Parts Inc., 36 East 23rd Street, Unit 3F, New York, NY 10010, Attention: Communications, (or to any other address designated by Print Parts in a notice in accordance with this section); and (2) if to Customer, to the address for Customer stated on the Purchase Order or otherwise supplied by Customer.

This Agreement does not create an agency, partnership, employer and employee relationship or any form of fiduciary or special relationship between the parties.

This privacy policy (“Privacy Policy”) applies to all personal information collected through and processed in connection with the Website ( www.PrintParts.com) and Services offered by Print Parts Inc., located in New York, New York, USA (“Print Parts”). In this Privacy Policy we inform you of our practices of the collection and processing of your personal information when visiting our Website or using our Services. Print Parts reserves the right to change this Privacy Policy, and will post any revisions on its website.

When you register on the Website to create an account, we ask for your personal information, such as your name and email address, in order to create you an account. Additional personal information may be voluntarily submitted by you in your account details. If you want to use the Services offered by us, for example placing a Purchase Order, you may also be required to provide additional personal information, such as your billing information, address and phone number.

Print Parts also collects “Automatically Generated Information” about your behavior during your use of the Service. This information may include IP addresses, type of browser, browser settings, date and time, what features your use and for how long and other information regarding your use of the Service. We may also collect this information by using a digital “cookie” or “cookies” in accordance with the section below.

Cookies are small data files stored on your hard drive by a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.

We may employ other parties to perform functions on our behalf. Examples may include web hosting, payment processing, or marketing. These selected parties may process your personal data only to the extent this is necessary to perform such functions on our behalf and subject to our instructions. We have procedures in place to ensure that these third party companies value your privacy.

You may arrive at the Website from another website that is integrated with the Services using the Print Parts API or through a “Print Parts link. Print Parts has no power over the websites of third parties to which you are linked to or from. It may therefore be the case that a different privacy policy is applicable for the use of these websites of third parties. This Privacy Statement only relates to information collected through the Services at Print Parts. We do not accept any responsibility or liability for (the operation and/or contents of) websites of third parties.

We recognize our responsibility to protect the information you entrust to us. Print Parts implements appropriate technical and organizational measures to secure your personal information against loss or against any form of unlawful processing.

Our marketing emails tell you how to unsubscribe. If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you through our Services. You can typically remove and reject cookies from our Site with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our Website and Services work for you.

We may change this privacy policy at any time. If we make any changes, we will post the changed Privacy Policy on the Website and change the “Last Updated” date at the top of this page.

We welcome your comments or questions about this privacy policy. You may contact us at: contact @ printparts.com