Terms & Conditions

OUR SUMMARY (So you don't have to read the whole legal document...unless you want to!)

1. Posterjack respects your ownership rights to your photos and images. We will only use your images to create custom photo art for you. If we have a great idea to use your images for any other purpose(such as a marketing campaign), we will contact you first for permission.

2. Posterjack respects copyright laws. With that said, it is impossible for us to check the ownership of every image, so the onus rests completely with you to obey the law. Please don't steal other peoples work!

3. Your uploaded photos and images are stored on a secure server. We hold on to them for 6 weeks in case reprints are required. Thereafter they are deleted from our server, but will still be backed up "offline" in a secure storage facility for those rare cases.

FULL LEGAL TERMS AND CONDITIONS

1. Scope

These Standard Terms and Conditions of Sale ("Terms") shall govern the sale by Online Print Decor Inc/Imprimerie Web Decor Inc.("Posterjack") of all goods and/or services as well as all subsequent transactions between Posterjack and the purchaser ("Purchaser"). Purchaser acknowledges and agrees that these Terms shall constitute part of any final contract of sale ("Sales Agreement") that may be entered into between Purchaser and Posterjack. In the event of any inconsistency between the terms and conditions contained in any other document and these Terms, these Terms shall prevail unless otherwise agreed upon in writing by Posterjack or its duly authorized representative. Posterjack shall not be bound by any terms and conditions affixed to Purchaser's purchase order or other procurement documents that are in addition to or inconsistent with these Terms. Neither commencement of performance nor delivery by Posterjack shall be deemed or constituted as acceptance of Purchaser's additional or conflicting terms and conditions. Terms are subject to change at Posterjack's sole discretion at any time.

2. Subject of agreement

1. The subject of this Agreement is the production of prints of images submitted by Client to Posterjack via an online interface and the printing thereof by Posterjack and subsequent shipment of finished prints to the Client.

2. Posterjack is entitled and reserves the right to have all or part of the Service performed by third parties.

3. Quotations & Orders

1. Unless otherwise specified in writing in the attached document, all written quotations shall be intended for reference purposes only, constituting neither an offer to sell nor imposing any obligations or liability on Posterjack. All written quotations and offers to sell automatically expire ten (10) days from the date quoted unless otherwise specified in the attached documentation. For greater certainty, all offers to sell are offers by Posterjack to sell to Purchaser on the terms set forth herein.

2. Unless otherwise expressly agreed upon in writing by Posterjack, any figures, measurements, dimensions, performance values, samples, patterns, statements, technical provisions or specifications, catalogues, brochures, depictions, photographs, images, models, designs, drawings, promotional materials in print or electronic format or other descriptive specifications relating to Posterjack's quotation or offer to sell ("Specifications") are approximations only and shall not be deemed to form part of any contract or be treated as constituting any representation, warranty or condition in relation to the goods or services. Posterjack reserves the right to modify these Specifications at any time prior to the execution of any Sales Agreement between Purchaser and Posterjack.

3. Any deviations between the goods supplied and any offers, samples, trial products and pre-deliveries are permitted in accordance with technical norms and within standard industry variances and tolerances.

4. No order placed by Purchaser shall be deemed to be accepted by Posterjack unless and until confirmed in writing by Posterjack or its duly authorized representative or until performed by Posterjack. Posterjack reserves the right to accept or decline any order in whole or in part within thirty (30) days after receipt of Purchaser's order, during which time the order may only be cancelled, rescheduled or modified by Purchaser with the prior written consent of Posterjack or its duly authorized representative. For greater certainty, subsequent requirements of Purchaser for goods not contained in an original offer to sell or Purchaser's order must be accepted and confirmed in writing by Posterjack or its duly authorized representative.

4. Price & Terms of Payment

1. The price for all goods and services shall be expressly set out in the Sales Agreement, delivered in the form of a shopping cart checkout on www.posterjack.ca. Where no price has been specified, the price shall be based on Posterjack's pricing listed on the homepage of Posterjack (www.posterjack.ca) on the date that the Sales Agreement was executed by the Purchaser.. Posterjack reserves the right, by giving notice to Purchaser at any time, to increase the price of goods and services to cover: (i) foreign exchange fluctuation and increases in the costs of labour, materials and manufacturing; and (ii) any delay or change in delivery dates, quantities or specification of goods and services occasioned or requested by Purchaser.

2. Unless otherwise stated in writing by Posterjack, the price of goods shall be EX Works (Incoterms 2000) and shall be exclusive of any retail sales tax. The price shall be exclusive of shipping charges, insurance, applicable sale, use or other taxes payable to any governmental authority, (installation, assembly and commissioning charges, as well as any other ancillary costs in respect of which Posterjack shall be entitled to make additional charges ("Additional Costs").

3.Unless otherwise agreed upon in writing, Posterjack's invoices shall due for payment immediately and shipments shall only be made against advance payment. Unless otherwise agreed upon in writing by Posterjack, all payments shall be in Canadian Funds and must be made directly to Posterjack in accordance with the payment options described on Posterjack's website. Unless otherwise agreed upon in writing, Purchaser shall not have any right of deduction or set-off. Objections to Posterjack's accounting, account statements, account reconciliations, etc. must be received in writing by Posterjack within a period of four (4) weeks from the date of the invoice or other applicable. In the event that Purchaser fails to provide a timely objection notice to Posterjack, the terms of the invoice or other document shall be deemed to have been irrevocably accepted by Purchaser. Notwithstanding the foregoing, Posterjack reserves the right to correct, at any time, any invoicing errors, including calculation errors, which may arise from time to time.

5. Delivery of Goods and Performance of Services

1. Unless otherwise agreed upon in writing, Posterjack shall deliver goods EX Works (Incoterms 2000) at any time after Posterjack has notified Purchaser that goods are ready for delivery by means of an order confirmation notice. Notwithstanding the foregoing, a maximum delivery period of two (2) weeks applies from the conclusion of the Sales Agreement. Selection of the carrier and route of delivery shall be made by Posterjack.. Delivery of goods to a common carrier or a registered courier shall constitute delivery to Purchaser and risk of loss shall thereupon pass to Purchaser. In no event shall Posterjack have any liability in connection with shipment, nor shall the carrier be deemed to be an agent of Posterjack. Notwithstanding anything contained herein to the contrary, if the shipment or receipt of goods is delayed for reasons beyond the responsibility of Posterjack, risk of loss shall pass to Purchaser upon receipt of an order confirmation notice or other similar document from Posterjack.

2. Posterjack will use commercially reasonable efforts to deliver goods in the shortest time possible. However, specific dates and times will not be guaranteed.

3. Unless otherwise agreed upon in writing by the parties, Posterjack reserves the right to deliver goods in instalments and/or perform services in stages. Each delivery of goods shall be treated as a separate transaction and payment thereof shall be in proportion to the overall purchase price set out in the Sales Agreement. Delay or failure by Posterjack to deliver an instalment and/or perform a stage of service in accordance with these Terms shall not entitle Purchaser to repudiate or cancel the delivery of other instalments or stages of goods under the Sales Agreement.

4. Reminders and final deadlines must be communicated in writing.

5. Posterjack shall not be liable to Purchaser for any delay or failure to deliver goods and/or perform services including but not limited to any cause beyond Posterjack's reasonable control, including, without limitation, any Act of God, fire, casualty, flood, earthquake, war, strike, lockout, epidemic, illness or injury to workers, delayed or failed deliveries by subcontractors, power failure, damage or destruction of production facilities, riot, insurrection, transportation delays or defaults, delay in supply or shortages of fuel, components, raw materials or supplies, labour shortage, acts or omissions of third parties, action of any governmental authority, or any other cause beyond the reasonable control of Posterjack (the "Force Majeure"). In such event, Posterjack must promptly provide Purchaser with written notice of the Force Majeure. Posterjack's time for delivery and/or performance shall be extended for a period equal to the time lost by reasons of the Force Majeure without subjecting Posterjack to any liability or penalty. If the Force Majeure event lasts longer than forty-five (45) calendar days, Posterjack may immediately terminate all or part of the Sales Agreement, without incurring any liability or penalty, by providing written notice of such cancellation to Purchaser.

6. For greater certainty, Posterjack shall not be liable for any damages, losses, costs or expenses (collectively, the Damage") resulting from Posterjack's delay in delivery of goods and/or provision of services to Purchaser unless such Damage arises from the gross negligence of Posterjack. Notwithstanding the foregoing, where the gross negligence of Posterjack causes a delay in the delivery of the goods or provision of services, Purchaser's sole remedy shall be the payment of compensation equal to half of a percent (0.5%) per week up to a maximum of five percent (5%) of the value of the portion of the delivery which cannot be used on time for its intended purpose as a result of the delay.

7. Because of variations in equipment, paper, inks and other conditions, reasonable variations in color between the original submitted digital image and the print produced by Posterjack must be expected. Prints delivered with variations of his kind shall be considered as acceptable performance.

6. Inspection and Acceptance of Goods and Services

1. Notwithstanding (i) payment, (ii) passage of title, or (iii) prior inspection or tests, all goods and services furnished under Sales Agreement shall be subject to Purchaser's right of inspection and acceptance upon delivery.

2. Goods: Following delivery and within three (3) calendar days of receipt of goods by Purchaser, Purchaser shall provide Posterjack with a written notice containing the full details of any alleged defect or non-conformity in goods ("Rejection Notice"). Purchaser may return rejected goods to Posterjack at Purchaser's risk and expense and in accordance with Posterjack's instructions. Posterjack shall make the final determination as to whether its goods are defective or non-conforming. Purchaser's exclusive remedy and Posterjack's entire liability to Purchaser in the event of a rejection shall be expressly limited to either the prompt replacement of the goods, the repair of any defect or non-conformity or, at Posterjack's option, the issuance of a credit or refund for the purchase price of the defective or non-conforming goods. Notwithstanding the foregoing, in the event that Purchaser fails to provide a timely Rejection Notice to Posterjack, Purchaser will be deemed to have irrevocably accepted goods. Moreover, the use of any goods by Purchaser, its agents, employees or licensees, for any purpose after delivery thereof, shall constitute irrevocable acceptance of goods by Purchaser.

7. Title

Title to and ownership of all goods shall not pass to Purchaser until payment of the purchase price and any Additional Costs has been made in full to Posterjack.

8. Content of the image files, damage of third party rights

1. The Purchaser is solely responsible for the content of any submitted image files.

2. The customer warrants, that he will not submit any image file that infringes any patent, trademark, copyright or other intellectual or proprietary right of any party. The customer could be liable to pay substantial claims for indemnification by a third party for infringing copyright laws. The customer is liable for all consequences of violation of aforementioned rights and indemnifies Posterjack from all liability.

3. Posterjack reserves the right to cancel any order at its sole discretion where it believes the image content is illegal or may constitute hate material. Posterjack reserves the right to report any images that Posterjack judges as potential violations of the law to the applicable authorities.

4. When executing a Purchase Agreement, the Purchaser is responsible for ensuring that all uploaded image files do not violate any law, especially laws related to child pornography.

9. Security Interest and Solvency

Purchaser represents and warrants to Posterjack that Purchaser is solvent. Posterjack retains a security interest in goods to secure payment of the purchase price and all other indebtedness and obligations that Purchaser now and in the future owes to Posterjack. Purchaser shall take all actions that Posterjack requests to perfect, and to obtain and maintain first priority of, that security interest, and Purchaser shall pay, or reimburse Posterjack for, all fees, taxes and other costs that are incurred in connection with those actions. To the extent permitted by law, Purchaser waives requirement of being provided with a copy of any financing or verification statement or renewal thereof.

10. Changes and Cancellation

1. No Sales Agreement which has been executed by Posterjack may be cancelled or amended by Purchaser except with the approval in writing of Posterjack and on terms that Purchaser shall indemnify Posterjack in full and on demand against all loss (including loss of profit), costs (including the cost of all labour and materials used, as well as accounting, legal and clerical costs), damages, charges and expenses incurred by Posterjack as a result of the cancellation or change.

2. There is no right to cancel an executed Sales Agreement in which goods were custom produced as per the customer's specification, or were clearly designed for the customer's personal need.

11. Limited Warranty

1. Except as otherwise specified herein, Posterjack warrants that: (i) all goods and services purchased hereunder are free from defects in material and workmanship and conform to the requirements of Sales Agreement; (ii) Posterjack has good title to goods and the right to sell them to Purchaser; and (iii) goods and services shall conform to the written Specifications, if any, described in the Sales Agreement.

2. Unless otherwise agreed upon in writing, the warranty period for all goods delivered by Posterjack will expire three (3) calendar days after the date of the delivery of goods to the Purchaser (the "Warranty Period"). If Purchaser believes that the goods and/or services are defective or deficient, Purchaser shall provide Posterjack with a written notice by letter, fax or e-mail, containing the full details of the alleged defect or deficiency and setting out the date of the order confirmation, the delivery confirmation or the invoice (the "Rejection Notice"). At Posterjack's direction, Purchaser shall return the defective or deficient goods to Posterjack at Purchaser's risk and expense and in accordance with Posterjack's return policy in effect from time to time, failing which any and all warranty obligation on Posterjack's part shall become void. Posterjack shall promptly investigate such claimed breach and shall, at its sole discretion and within thirty (30) days of the date of the Rejection Notice either: (i) provide information to Purchaser confirming that no breach of warranty has in fact occurred; or (ii) advise Purchaser of Posterjack's planned corrective action. If Posterjack determines that the Rejection Notice was given without cause, Purchaser shall reimburse Posterjack for all applicable costs and expenses thereby occasioned to Posterjack. If a breach of warranty has in fact occurred, Posterjack shall, at its sole discretion, promptly: (i) repair or replace the defective goods at no additional cost to Purchaser; (ii) issue credit or refund amounts paid by Purchaser related to the portion of goods and/or services in breach of warranty; or (iii) unless the defect in question is a minor one, cancel the Sales Agreement. All costs incidental to repairing or replacing defective goods or correcting or re-performing the deficient services shall be borne by Purchaser and in no event shall Posterjack be liable for such costs. All warranty repairs or replacements and any services that have been re-performed or corrected under warranty shall only be warranted for the balance of the original Warranty Period.

3. Notwithstanding anything contained herein to the contrary, where Posterjack is required to perform corrective work, Posterjack's warranty shall be limited to the goods actually delivered. Posterjack shall only warrant the proper functionality of its products and components where the faulty functioning in question cannot be attributed to incorrect or incomplete information provided by Purchaser.

4. Purchaser shall not be entitled to withhold payments on account of warranty claims or other counter-claims not recognized by Posterjack.

5. Warranty Exclusions: This warranty excludes normal wear and tear and ordinary deviations in size, weight or quality. This warranty also excludes coverage for used goods and seconds as well as goods not manufactured by Posterjack or its affiliates. Repair or replacement of goods and/or re-performance or correction of services due to: (i) misuse or abuse; (ii) improper use or maintenance; (iii) failure to observe instructions contained in user/owner manuals; (iv) mishandling or testing by Purchaser, its affiliates and agents; (v) negligence; (vi) alterations, maintenance or repair work undertaken by Purchaser or third parties; (vii) excessive stress; (viii) accident; (ix) improper storage; (x) use of incompatible supplies or cleaning agents; (xi) an event of Force Majeure; (xii) chemical influences; (xiii) foreign object damage; or (xiv) damage in transit, are excluded from Posterjack's warranty obligations.

6. The preceding paragraphs set forth the exclusive remedy for all claims based on failure of, or defect in, goods sold hereunder, whether the failure or defect arises before or during the warranty period, and whether a claim, however instituted, is based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise. Upon the expiration of the warranty period, all such liability shall terminate. Unless otherwise agreed in writing by Posterjack, this warranty shall not be assigned to any third party. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, IMPLIED OR STATUTORY. NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. Posterjack DOES NOT WARRANT ANY GOODS OR SERVICES OF OTHERS, WHICH PURCHASER HAS DESIGNATED.

12. Returns & Refunds

1. Due to the custom nature of the products ordered by the customer and created on demand by Posterjack, returns are not accepted.

2. If a product is defective, Posterjack may at their sole discretion remedy the situation with a replacement, credit, or refund.

13. Limitations of Liability

1. Posterjack'S LIABILITY WITH RESPECT TO ALL CLAIMS OF ANY KIND, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ALL LOSSES OR DAMAGES ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THIS AGREEMENT, OR THESE TERMS AND CONDITIONS, OR FROM THE PERFORMANCE OR BREACH THEREOF, OR FROM ANY GOODS OR SERVICES COVERED BY OR FURNISHED UNDER THE AGREEMENT OR ANY EXTENSION OR EXPANSION THEREOF (INCLUDING REMEDIAL WARRANTY EFFORTS), SHALL IN NO CASE EXCEED THE PRICE ALLOCABLE TO THE SPECIFIC GOODS OR SERVICES THAT GIVES RISE TO THE CLAIM. ALL SUCH LIABILITY SHALL TERMINATE UPON THE EXPIRATION OF THE WARRANTY PERIOD SPECIFIED ABOVE.

2. IN NO EVENT, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL Posterjack, ITS EMPLOYEES, AGENTS, SUPPLIERS AND AFFILIATES BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF ANY PROPERTY, COST OF CAPITAL, COST OF PURCHASED POWER OR ENERGY, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, BUSINESS INTERRUPTION COSTS, DOWNTIME COSTS, INJURY TO PERSON OR PROPERTY OR DEATH, OR CLAIMS OF PURCHASERS OF PURCHASER FOR SUCH DAMAGES OR LOSSES, AND PURCHASER WILL INDEMNIFY Posterjack, ITS EMPLOYEES, AGENTS, SUPPLIERS AND AFFILIATES AGAINST ANY SUCH CLAIMS FROM PURCHASER'S PURCHASERS. IF PURCHASER RESELLS GOODS SOLD HEREUNDER TO ANY THIRD PARTY WHO IS NOT A CONSUMER OF Posterjack'S GOODS, PURCHASER SHALL OBTAIN FROM SUCH THIRD PARTY A PROVISION AFFORDING Posterjack AND ITS SUPPLIERS THE PROTECTION OF THE PRECEDING SENTENCE. Any action or suit by Purchaser against Posterjack relating to the Sales Agreement of the goods and/or services covered hereby must be brought within one (1) year of the date of invoice for such goods or services. The parties hereto acknowledge and agree that this is a commercial transaction.

14. Indemnification

Purchaser shall indemnify, defend and hold harmless Posterjack from and against all claims, demands, causes of action (including third-party claims), losses, damages, expenses (including consequential and incidental damages, court costs and attorney fees) and liabilities of every kind and nature that Posterjack incurs as a result of Purchaser's breach of any of Purchaser's obligations under the Sales Agreement and/or these Terms.

15. Confidentiality/Intellectual Property

1. Purchaser retains ownership of the Content and Images uploaded to Posterjack. Posterjack warrants that Content and Images will not be used for any purpose other than the creation of custom goods for the Purchaser without the direct consent of the Purchaser.

2. All technical information and/or Specifications, etc. supplied by Posterjack in connection herewith shall be treated as strictly confidential by Purchaser and must not be made available to any third party both prior to and after execution of Sales Agreement and delivery of goods and/or provision of services without the prior written consent of Posterjack.

3. Posterjack expressly reserves all right, title and interest in any documents, Specifications, and other technical information provided to Purchaser in connection with Sales Agreement, quotation, offer to sell, installation, service, or repair of goods sold, and Purchaser shall return same to Posterjack upon request.

4. To the extent that goods are supplied in accordance with Purchaser's Specifications or statements (collectively, the "Statements"), Purchaser represents and warrants that such Statements do not infringe any third party intellectual property rights. Purchaser agrees to indemnify Posterjack in respect of any claim for intellectual property infringement by a third party resulting from the use of the Statements by Posterjack.

16. Notice

Any notice, approval, consent, waiver, or other communication to be given hereunder shall be in writing and shall be deemed to be given if delivered personally, or sent by registered mail in which case such notice, approval, consent, waiver or other communication shall be deemed to be received on the second business day following the mailing thereof by registered mail to:

Posterjack
77 Brown's Line, Unit D
Etobicoke, ON
M8W 3S2
and to Purchaser at such mailing address, telephone, or email address provided by Purchaser.

17. Language

These Terms and any document relating thereto have been prepared in the English language at the express request of the parties. Les parties exigent, et par les présentes confirment leur demande, que ce contrat et tous les documents y afférents soient rédigés en anglais seulement.

18. Entire Agreement

These Terms and any document relating thereto contain the entire agreement between Purchaser and Posterjack and shall not be altered or amended except by written instrument signed by both parties.

19. Applicable Law and Jurisdiction

These Terms and any document relating thereto shall be governed by and interpreted according to the laws of the Province of Ontario and applicable federal laws of Canada, without reference to its choice of law rules and excluding the United Nations Convention on the International Sale of Goods, and either party shall bring any action that arises out of or relates the Sales Agreement and/or these Terms in any court in Toronto, Ontario, that has jurisdiction over the subject matter.

20. Jury Waiver

21. SMS/MMS Mobile Message Marketing Program Terms and Conditions

Posterjack (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at timothy.faught@posterjack.ca. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.

Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Toronto, Ontario before one arbitrator.

The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Posterjack’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

22. User Generated Content (UGC) / Customer Ratings and Reviews

By submitting any content to Posterjack, you guarantee that:

All "moral rights" that you may have in such content have been voluntarily waived by you;
All content that you post is accurate;
You are at least 18 years old;
Use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity.

You further agree that you will not submit any content to Posterjack that;

Is known by you to be false, inaccurate or misleading;
Infringes on any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
Violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
Includes any information that references other websites or personal information such as addresses, email addresses, contact information or phone numbers;
Contains any computer viruses or other potentially damaging computer programs or files.

For any user generated content that you submit, you grant Posterjack a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.