GENERAL

 

Welcome to the Jimmy John's Franchise, LLC ("Jimmy John's") Printing Catalog website (the"Website").  Please carefully review these terms and conditions ("Terms of Use"), the Privacy Policy for this Website (the “Privacy Policy”), the terms and conditions on the Jimmy John's Owner's Website (the “Owner’s Website Terms”), and the Owner's Website Privacy Policy  which govern your use of this Website (collectively, the “Additional Terms & Conditions,” together with these Terms of Use and the Privacy Policy, form the "Terms & Conditions") all of which collectively govern your use of and access to all of this Website and any and all content, data and information contained therein. USE OF ANY PORTION OF THIS WEBSITE CONSTITUTES THE USER’S UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THESE TERMS & CONDITIONS, AS THEY MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY JIMMY JOHN'S, IN ACCORDANCE WITH THESE TERMS & CONDITIONS. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS OF USE, THE PRIVACY POLICY AND THE ADDITIONAL TERMS AND CONDITIONS, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (1) TERMS OF USE, (2) PRIVACY POLICY AND (3) ADDITIONAL TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE.

 

MODIFICATIONS OF THESE TERMS & CONDITIONS

 

Jimmy John's reserves the right to change, modify, amend and/or update these Terms & Conditions at any time with or without prior notice. Use of this Website following any such changes, modifications, amendments and/or updates constitutes the user’s unconditional agreement to follow and be bound by these Terms & Conditions as so changed, modified, amended and/or updated. The user is responsible for reviewing these Terms & Conditions each time the user uses or accesses any portion of this Website.

 

THIRD-PARTY SERVICES

 

Jimmy John’s may use third parties to provide certain services accessible through the Website. In particular, orders placed on this Website are transmitted to and fulfilled by a third party printer. Jimmy John’s does not control those third parties or their services, and the user agrees that Jimmy John’s will not be responsible or liable to the user in any way for its use of such services, or the accuracy, content or availability of any printed materials, information, products, and/or services found on or ordered through this Website or such third party sites. These third parties may have their own terms of use and other policies. The user must comply with such terms and policies as well as these Terms & Conditions when using those services. If any such terms or policies conflict with Jimmy John’s Terms & Conditions, agreements or policies, the user must comply with Jimmy John’s Terms & Conditions, agreements or policies, as applicable. Jimmy John's is not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from this Website. Jimmy John's does not make any representations or warranties as to the security of any information (such as credit card and other sensitive information) the user might give on any third party site.

 

USE OF THIS WEBSITE

 

Access to the Website, and the materials, services and system made available on this Website, are available to users only during such hours that the Website and other services are operating, subject to down time due to maintenance, updates and revision.

 

ORDERS

 

The third party printer will make every effort to be as accurate as possible, but neither Jimmy John’s nor the printer will be responsible for typographical or other errors. Neither Jimmy John’s nor the printer guarantees the accuracy of the content on this Website. The prices shown on this Website are subject to change without warning.

 

USER SUBMITTED INFORMATION

 

Without limiting the generality of Owner’s Website Terms, the user represents and warrants that any materials or information, including, without limitation, any pricing information, submitted by the user through the Website:

- Are accurate, current and truthful;

- Comply with all applicable laws, statutes and regulations;

- Are not threatening, abusive, defamatory, obscene or invades another person's privacy or further the commission or concealment of a crime;

- Are the subject of, and do not infringe upon, any third party patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity; and,

- Do not contain software viruses or other harmful computer code; or materials or items that in any way interfere with or disrupt the Website or any servers or networks connected to or used with the Website.

The user represents and warrants that it owns the copyright or has permission to copy any documents or materials submitted online for printing or processing, and agrees to defend, indemnify and hold Jimmy John’s, the third party printer, and their respective owners, affiliates, subsidiaries, directors, shareholders, officers, employees, agents, suppliers and contractors (collectively, the “Indemnified Parties”) harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney fees incurred by the Indemnified Parties in defending against such suit, demand or claim.

In order to fulfill the requests of the users of this Website, the user may be requested to provide contact and/or credit card information. Jimmy John’s shares such information with the third party printer to enable card processing, fulfillment, and delivery of the printed materials and Jimmy John’s does not process or store the user’s credit card information.

 

These terms and conditions will govern any orders placed on the Jimmy John's Franchise, LLC ("Jimmy John's") Printing Catalog website (the "Website") in addition to the terms and conditions on the Jimmy John's Owner's Website (the “Owner’s Website Terms”), and the Owner's Website Privacy Policy (the“Privacy Policy”), which are incorporated herein by reference; therefore we encourage you to read these terms and conditions prior to placing your order. By submitting an order you (also referred to below as the customer) are hereby agreeing to all the terms and conditions as set forth below, the Owner’s Website Terms and the Privacy Policy. This agreement is in lieu of a written consent, and will be binding by both the customer and/or their representative(s).

 

ORDER PROCESSING

Payment is due in full at the time the order is placed unless franchisee had previously been authorized for alternate terms. Credit card authorization and address verification must be received prior to processing the order form. Credit card will be processed using a third party processor. Due to the volatility in fuel costs, shipping charges will be due at the time the product is scheduled to ship.  

 

PROOFS

 

Proofs of all work may be submitted for customer's approval and K.C. Printing Services, Inc. shall incur no liability for any errors not corrected by the customer in proofs so submitted. Additional charges will apply for any additional plates or film that are required as a result of alterations required by the customer.

 

TURNAROUND

 

You may expect a minimum of 1,000 bag stuffers to ship in 3 to 5 business days (Monday - Friday) from art approval plus shipping time. Turnaround time is only an estimate and is not guaranteed until we have all information to complete your job. Contact K.C. Printing at 847.382.8822 regarding any requests for special deadlines. A rush fee may apply.  Any circumstances out of K.C. Printing Services, Inc.'s control, e.g. weather delays, shipping errors by the supplier, etc. may also require more time and are not factored into the initial turn around time estimate.

 

SHIPPING

 

K.C. Printing Services, Inc. can not be responsible for any shipping delays caused by the shipping company.

Examples: UPS cannot deliver your package on time due to inclement weather. | UPS delivers your package to the wrong address (although provided the correct address) and you do not receive your products on time.

 

CLAIMS

 

Notice of damage, delay or partial loss of goods in transit or of non-delivery must be given in writing to K.C. Printing Services, Inc. within 24 hours of delivery. All other claims must be made in writing to K.C. Printing Services, Inc. In addition, photographs of said claims should be included. Franchisee will not discard damaged product as K.C. Printing Services, Inc. will issue a call tag for the product unless otherwise stated.

 

DISCLAIMER

WITHOUT LIMITING THE GENERALITY OF OWNER’S WEBSITE TERMS, THIS WEBSITE AND THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED OR OFFERED THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. USE OF THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS ON THIS SITE IS AT THE USER'S SOLE RISK. 

 

LIMITATION OF LIABILITY

WITHOUT LIMITING THE GENERALITY OF OWNER’S WEBSITE TERMS, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL JIMMY JOHN'S, THE THIRD PARTY PRINTER, OR ANY OF THEIR RESPECTIVE OWNERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS BE LIABLE TO THE USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE (I) ARISING OUT OF USER'S USE OF THIS WEBSITE IN ANY MANNER; (II)FOR ANY ERRORS IN THE INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS ON THIS SITE; (III) FOR THE PROVISION OR USE OF ANY INFORMATION, CONTENT, SERVICES, PRODUCTS OR MATERIALS VIA THIS WEBSITE; (IV) FOR ANY NONDELIVERY, MISDELIVERY, LATE DELIVERY, OR LOST OR DAMAGED SHIPMENTS OR FOR ANY OTHER REASON, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF JIMMY JOHN'S HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL JIMMY JOHN'S, THE THIRD PARTY PRINTER, OR ANY OF THEIR RESPECTIVE OWNERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE COST OF THE PRINTED MATERIALS AT ISSUE FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS WEBSITE.

 

In no event will Jimmy John’s, the third party printer, or their respective owners, affiliates, subsidiaries, directors, shareholders, officers, employees, agents, suppliers and contractors be liable for, nor make any adjustment, refund or credit of any kind for, any loss, corruption, delay, misprint, non-print, inclusion, omission, shipment, misdelivery, nondelivery, misinformation, other direct or indirect damages, or failure to provide printed products, printing services or shipping services to the extent caused by or resulting from:

- The user’s acts, defaults or omissions.

- The user’s violation of any of the terms and conditions contained in these Terms & Conditions, as amended from time to time.

- Viruses, worms, Trojan horses and other forms of harmful code that are not detected or removed using Jimmy John’s standard virus-detection procedures.

- Criminal acts, public authorities acting with actual or apparent authority, authority of law, local disputes, civil commotions, war, national or local disruptions in electronic and transportation networks, failures of Internet service providers, weather phenomena, strikes, natural disasters, and disruption or failure of communication and information systems.

- Loss, corruption or irretrievability of, or damage to, the user’s personal information, user-provided materials or information regarding the printed products used or stored by Jimmy John’s or the third party printer.

- The user’s failure to provide an accurate shipping address or other information that the user is asked to provide in connection with the provision of services.

- Our failure to notify the user of any delay, loss or damage in connection with the user’s printed products or shipment or any inaccuracy in such notice.