Terms and Conditions
By Placing An Order On communityimpactprinting.com, You Agree To The Following Terms:
CRITICAL COLOR REPRODUCTION INFORMATION
Community Impact Printing utilizes a process of printing referred to as "Gang-Run Printing" which provides affordable four-color printing. "Gang-Run Printing" will group your job with other jobs allowing overall production costs and expenses to be shared with our other customers.
Because of variances in paper, equipment, inks, and other conditions between color proofing and production pressroom operations, a "pleasing color" [as determined by generally accepted trade technical methods] is to be expected with gang-run printing. When such a variation occurs, it will be considered acceptable performance. Community Impact Printing accepts no responsibility for color variations between submitted files and the final printed piece acheived from utilizing the gang-run process. Under NO circumstances will a reprint be honored for color variations that have occurred during the gang-run printing process. If you require a more precise printed product please request a custom quote. By placing an order you are agreeing to all of our terms and conditions.
Prices posted on this website are subject to change without notice. Written estimates are good for 30 days. An estimate not accepted within 30 days may be changed.
2. Payment Terms
ALL orders must be prepaid due to the speed of our turnaround. In the event the details of an order/job have been modified and an unpaid balance is created, the card used to place the original order will be charged. Charges typically will occur within 24-48 hours of the modification, but can take up to 45 days depending on our current workload as these charges must first be individually verified by a human.
3. Late Payments
All payments that are not received within 30 days from when the order was placed or by agreed upon date will be assessed a 20% late payment charge.
communityimpactprinting.com reserves the right to upgrade the coating or quantity, at no additional charge, for any product ordered (excluding mailer pieces or unless otherwise stated in the details/special instructions). communityimpactprinting.com also reserves the right to use its sole discretion in refusing to print anything it deems improper or known to be illegal. communityimpactprinting.com is not liable for any damages resulting from unwitting violation of copyright laws or illegal use of trade names or slogans. The client guarantees the legal title of all matter submitted to communityimpactprinting.com for printing and/or publication.
5. Order Approval/Proofing
communityimpactprinting.com has and assumes no obligation to proof or otherwise review the content or layout of your order. Even if a communityimpactprinting.com customer service representative has inquired as to the attributes of one of your prior orders, you are not entitled nor should you assume that communityimpactprinting.com will review any other order you place. Orders are printed in their "as submitted" form and the customer is fully responsible for final proof and layout verification and approval prior to submission to the print process. communityimpactprinting.com DOES NOT make any changes on customer files. Once you submit an order to the print process you are agreeing that you are fully satisfied with the document layout and content and you accept responsibility for any errors therein. communityimpactprinting.com will assume that you have verified the spelling, grammar, content and layout, etc. are all correct and it will not accept any liability for errors such as misspelling, graphics, grammar, damaged fonts, punctuation, transparency, overprint, improper layout, bleeding, erroneous cut or fold lines, die lines or crop marks, sizing, etc.
communityimpactprinting.com does not provide proofs of any order unless the customer requests it as part of the order process and it is an option available for the product. If you request a proof then it is your responsibility to verify the proof against the original (and to correct any spelling or grammatical errors, etc).
If a proof is requested, then your job will not be processed or deemed production ready until you have approved the proof in writing. Please be aware that this may impact the job turnaround time.
6. Flyer Tagging
Community Impact Printing reserves the right to place a tag similar to "Printed by communityimpactprinting.com" on the printed material unless customer states that they would prefer it not to appear when initially placing order. There may be a fee assed if you elect not to have a tag placed on your flyer. Under no circumstances will Community Impact Printing tag business cards or reseller accounts.
7. Current Specials
In order to receive the discounts associated with Community Impact Printing's "Current Specials", you must input the appropriate/relevant promotion code when placing your order. If you do not input the appropriate/relevant promotion code, you WILL NOT receive a discount and discounts will not be applied retroactively after the order has been placed. If participating in company specials or receiving discounts, you agree to be a member of our mailing list; if you are not already and you also agree to authorize Community Impact Printing to tag your printed flyer (see section 4) unless you are a reseller or otherwise agreed upon.
Specials are only available to eligible customers and specials can be updated at any time.
Cancelled orders require compensation for incurred costs and related obligations at the time of cancellation. Due to the speed of our turnaround, you may only cancel a job the same business day you place your order. The cancellation must occur before the cutoff time that applies to your order and the related product(s) that were ordered. A minimum charge of $35 + 3% of total job cost (includes shipping) is applied to jobs canceled. No refunds will be issued for orders cancelled after the business day order was placed. In those instances we will issue store credit.
9. General Refund Policy
Under no circumstances will Community Impact Printing issue a refund. We only issue store credit.
10. Credit Card Forced Refund/Chargeback Policy
All credit card issues and/or disputes on products or services purchased by your credit card authorization from communityimpactprinting.com shall be dealt with between the customer and communityimpactprinting.com. By agreeing to these terms and conditions the customer agrees to never chargeback a purchase for any reason.
11. Store Credit
Under no circumstances will store credit be exchanged for cash. Store credit may not be combined with any current specials or other promotion.
12. Accuracy of Specifications
Quotations are based on the accuracy of the specifications provided. communityimpactprinting.com can re-quote a job at the time of submission if the art does not conform to the information on which the original estimate was based. Orders placed with communityimpactprinting.com are to the client's knowledge correct, and there are no conditions or agreements relating to the order which are not written or accompanying said order.
communityimpactprinting.com's liability shall be limited to the stated selling price to the customer of any defective goods, and shall in no event include special, consequential, incidental, indirect or similar damages, including without limitation, lost profits. communityimpactprinting.com warrants that every product manufactured meets the industry standard for that such product and is free of any material defect in workmanship. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ALL WARRANTIES OF FITNESS FOR PARTICULAR USE AND MERCHANTABILITY. communityimpactprinting.com makes no other warranty and no actions or words of communityimpactprinting.com or its officers, employees or agents shall constitute a warranty.
14. Governing Law and Arbitration
Any dispute between any of the parties hereto or any claim by a party against another party arising out of or relating to this Agreement or any alleged breach thereof, shall be determined by arbitration in accordance with the commercial arbitration rules then in force with the American Arbitration Association. The arbitration shall be conducted in Pflugerville, TX and shall be subject to the substantive law of the State of TX. The decision rendered by the arbitrator shall be accompanied by a written opinion in support thereof and shall be final, conclusive and binding upon the parties in the dispute without right of appeal. Judgment upon any such decision may be entered in any court having jurisdiction thereof, or application may be made to such court for a judicial acceptance of the decision of an order of enforcement, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the parties against whom enforcement is ordered. The fees and expenses of such arbitration shall be borne by the non-prevailing party, as determined by such arbitration.
The customer represents that it has the legal right to produce all printed materials ordered from communityimpactprinting.com. In the event that a charge, claim or demand, or arbitration, action or proceeding (collectively, a "Claim") is made or commenced against communityimpactprinting.com based upon, relating to or arising from the alleged wrongful acts of the customers, or alleging that the printing performed or product produced by communityimpactprinting.com ordered by the customer: (a.) infringes any copyright, patent or other proprietary right of any person; or (b.) contains matter that is libelous, slanderous, defamatory, scandalous or obscene, the customer shall indemnify and hold communityimpactprinting.com harmless from and against any loss, damages, cost and expense arising from or related to the Claim including without limitation; (1.) defending communityimpactprinting.com against any such Claim (2.) paying any judgment or award against the customer; and (3.) reimbursing communityimpactprinting.com for any legal fees and expenses it reasonably incurs in responding.
16. Electronic Manuscripts/Images
It is the client's responsibility to maintain a copy of the original computer files, artwork and transparencies. communityimpactprinting.com is not responsible for accidental loss or damage to media supplied by the client or for errors on supplied artwork furnished by the client. Until communityimpactprinting.com can evaluate digital input, no claims or promises are made about our ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize client-supplied files will be charged at our current rates. communityimpactprinting.com does not archive your work for longer than it takes to produce the final product. Please save your work!
Client alterations must be specified in writing and must include all corrections or changes from the original specifications. Such work will be charged at our current design rate.
18. Prepress/Hardcopy Proofs
When ordered by the customer, communityimpactprinting.com will submit color proofs for the customer's review and approval. Shipping charges may be assessed when sending a proof via mail, courier or any means other then pickup. To request a proof you must order it through the website shopping cart system when placing your print order. Proofs must be returned to communityimpactprinting.com marked "O.K." or "Revised Proof Required" and signed by the customer. Until the proof is returned, no additional work will be performed. communityimpactprinting.com will not be responsible for undetected production errors if:
- Proofs are waived by the client;
- The work is printed per the client's written OK;
- Requests for changes are communicated verbally.
All requests for changes of any kind must be made in writing to avoid mistakes.
19. Color Proofing
Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a "pleasing color" variation between color proofs and the completed job [as determined by generally accepted trade technical methods] is to be expected. When such a variation occurs, it will be considered acceptable performance.
The generally accepted trade practice is plus or minus 10%.
21. Delivery/3rd Party Shipping/Pickup
Charges for delivery of materials and supplies from the client or the client's supplier to communityimpactprinting.com are not included in quotations unless specified. communityimpactprinting.com is not responsible for delays and/or damage incurred during shipping. Title for finished work passes to the customer upon delivery to the carrier at shipping point; or upon mailing of invoices for the finished work or its segments, whichever comes first. If the "pickup" option is selected when the order is originally placed you will have 15 calendar days to retrieve materials. If more than 15 calendar days elapses the order is considered abandoned and Community Impact Printing has the right to discard materials, unless otherwise agreed upon in writing. Orders that have delivery or shipping selected will be shipped immediately upon completion. Shipping carriers visit our plant mon-fri (4pm-6pm) and pickup completed orders, exceptions are holidays or if the office is closed due to inclement weather. If your order is not ready by the time the shipping carrier visits our plant, your order will be picked up the following business day. Airline cargo is handled differently, as we take those orders directly to the airport. If you will be picking up your order on a Saturday, please be aware Saturday pickup is a courtesy service and is by appointment only. If Saturday pickup is available you will be contacted prior to Saturday and be given an exact time that someone will be available; please be aware Saturday pickup is a courtesy service and is by appointment only.
Claims for defects, damages, or shortages must be made by the client in writing no later than 10 calendar days after delivery. If no such claim is made, communityimpactprinting.com and the client will understand that the job has been accepted. By accepting the job, the client acknowledges that communityimpactprinting.com's performance has fully satisfied all terms, conditions and specifications. Any disputes on products or services purchased by your credit card authorization from communityimpactprinting.com shall be dealt with between the customer and communityimpactprinting.com.
23. Right to Subcontract
communityimpactprinting.com shall have the right to assign any portion of the work required to another vendor.
24. Workmanship Guarantee
We guarantee all orders to be within "gang run" specs and to be free of defects in workmanship. If any order does not match the generally accepted trade standards, we will reprint the job or issue the customer a credit at our discretion.
- Print turnaround is based from when production begins.
- When placing an order we will print the corresponding size that is selected unless otherwise stated in the details/special instructions. (if you can not find your desired size, please pick the next size up i.e. if you want a 4x4 flyer you would select "CD Insert (4.75 x 4.75)" and note in the special instructions that you want a 4x4.
- The final piece MAY be up to an 1/8th inch smaller or larger than actual order size unless exact size is selected.
- The final piece MAY slide up, down, left, or right 1/16th inch to 1/8th inch in either direction. So we strongly recommend that you DO NOT use borders in your artwork.
- The final piece MAY be cut slightly uneven, 0 to 10 degree shifts are considered acceptable.
- When reordering, colors MAY be slightly different then original order. (unless a proof is purchased and color matching is purchased for an additional fee).
- If files are submitted and do not meet our bleed specifications, Community Impact Printing reserves the right to add a border to the artwork.
- If files are submitted in RGB mode, you are authorizing Community Impact Printing to convert the file(s) to CMYK mode. (converting files from RGB to CMYK may cause color shifting as well as other undesirable results).
- If we only receive one file for a job we will assume that file is to be used for side 1 and side two is blank, unless otherwise stated.
- We will NOT accept files that are emailed. All orders MUST be placed through the website.
If for any reason we must reprint a job, we MUST use the original files uploaded. Under no circumstances will we accept new files for the reprint.
26. Turnaround Estimate
Purchasing non-standard upgraded turnaround should NOT be construed as a guarantee and does not apply to any additional production. Additional production includes, but is not limited to folding, scoring, perforating, die-cutting and drilling. (please see section 23., sub category a. for more information on when printing occurs.
Print turnaround times displayed on the price calculator page are only estimates. At Community Impact Printing's discretion, if a job does ship by the estimated turnaround, Community Impact Printing may issue a store credit towards the customer's next order, but the customer must request this credit. The amount of the credit is at the discretion of Community Impact Printing. Resellers do not qualify for store credit. Exceptions to the issuance of store credit include, but are not limited to equipment failure/power outages, 3rd party shipping errors and "acts of god".
27. Privacy Statement
Any information communityimpactprinting.com collects from order processing or from any inquiries is not shared with any other company. Your information is only used for contact, current special notification, billing, and shipping purposes only.
communityimpactprinting.com may use your product for samples or advertising purposes.
Our name will appear as "communityimpactprinting.com or Community Impact Printing" on your credit card statement.
30. Billing Penalties
There will be a $25 charge for all returned checks
31. Inkjet Proofs
Inkjet and laser prints are known to look substantially different than offset printing. We offer quick turnaround and low prices by printing to a "pleasing color" standard, using standard ink densities. There is no guarantee that your finished piece will match your printed proof. This is due to the varying results from different output devices including inkjet printers, continuous tone proofing devices, and film-based proofs.
32. Changes to our Terms & Conditions Policy
communityimpactprinting.com may change, modify, add or remove portions of this policy at any time, and any changes will become effective immediately upon being posted unless we state otherwise.
Additional Terms and Conditions below, are made a part of and incorporated into the Printing Order Form (defined as any order placed on this website electronically, verbally, or written) between Client (named in the Printing Order Form, or any order agreement) and JJGARRETT HOLDINGS LLC, a Texas limited liability company d/b/a Community Impact Printing (â€œCIP"); UPDATE `hub_4overprints`.m3_menus SET label = REPLACE(label, '"', ") d/b/a communityimpactprinting.com. The Printing Order Form together with these Terms and Conditions and any other instruments, terms, or conditions incorporated herein, is referred to herein as this â€œAgreement"); UPDATE `hub_4overprints`.m3_menus SET label = REPLACE(label, '"', ". The 1. Cancellation or Modification by Client. Unless otherwise specified in the Printing Order Form, any cancellations or modifications by Client of all or any portion of the products and services specified in the Printing Order Form (the â€œProducts and Services"); UPDATE `hub_4overprints`.m3_menus SET label = REPLACE(label, '"', ") must be in writing and must be delivered to CIP at CIP's office address not later than 10 days prior to the date on which CIP is scheduled to begin setup for the production of any printed materials for Client (such date, the â€œStart Date"); UPDATE `hub_4overprints`.m3_menus SET label = REPLACE(label, '"', "). In the event that Client requests any modification or cancellation after the Start Date, Client shall pay to CIP the full amount set forth in the Printing Order Form, plus any excess amounts determined by CIP to be owed for any modifications or changes to the Products and Services requested by Client in the Printing Order Form. Client acknowledges and agrees that the amounts to be charged for the Products and Services to be provided, including any modifications or changes to the Products and Services, will be adjusted for the difference in price related to any authorized changes to product frequency, size, or lead time. 2. Payment. Unless otherwise specified in the Printing Order Form, Client shall pay the amounts to be paid for the Products and Services as reflected in the Printing Order Form at the time of execution of this Agreement by Client. All payments, and payment amounts reflected herein, shall be in United States Dollars. If Client provides CIP with credit card or other electronic payment information, Client hereby authorizes CIP to charge or otherwise utilize and obtain payment of any and all amounts owed to CIP pursuant to this Agreement using any such information. CIP will not, and shall not be obligated to, provide any Products and Services until CIP has received payment in full for all such Products and Services. If more than one party is the Client, then all Client parties shall be jointly and severally liable for any and all amounts owed to CIP. Delinquent accounts are subject to collection actions and Client assumes responsibility for collection and attorney fees. CIP shall be compensated by Client for all work undertaken by CIP on behalf of Client at Client's request, whether experimentally or otherwise. If no charge is set forth in the Printing Order Form for any work undertaken by CIP at Client's request, the charge shall be an amount equal to CIP's customary charge for such requested work, which may be based on cost of materials plus markup, man-hours, equipment operating costs, or other similar bases. 3. Cancellation by CIP. CIP reserves the right at its absolute discretion, and at any time, to cancel any print order, advertising order, or reject any print or advertising copy, whether or not the same has already been acknowledged and/or previously published/printed; provided, however, that CIP shall refund to Client any amount paid to CIP with regard to the cancelled order. 4. Liability of CIP. In the event of errors in or omissions of any Products and Services which are the fault of CIP, CIP's liability shall not exceed the value of the advertisement/print item that was initially contracted. 5. Pricing. Client acknowledges and agrees that the price for the Products and Services is based primarily on the total quantity and type of Products and Services, and not on specific postal routes or delivery parameters. Client will be invoiced for changes that result in significant differences to delivery quantities. Route quantities are subject to change due to routine Post Office updates. Minor increases or decreases (â€‘3% / + 1%) will not affect price; more significant changes to route quantities may require a change to the distribution plan, in which case client will be contacted with all available options. All mailing delivery dates are estimates, not guarantees and CIP makes no guarantee, representation, or warranty regarding the time of delivery. CIP's responsibility is limited to preparing and printing the ordered Products and Services, and delivering the Products to the U.S. Postal Service (â€œUSPS"); UPDATE `hub_4overprints`.m3_menus SET label = REPLACE(label, '"', ") Sectional Facility located in CIP's facility. CIP's responsibility for the Products terminates, and title to the Products transfers to Client, when the job is delivered to said USPS Sectional Facility (SCF). In no event shall CIP be liable for USPS performance failures or delivery delays, nor shall CIP be liable for fees for mailing service or postage or associated incidental or consequential damages or claims. CIP is not liable for shipping carrier errors, including loss or delay on direct-mail orders. CIP shall rectify printing and mailing errors which are caused by CIP (but excluding errors caused by Client) only to the extent of re-mailing a correction or corrected job as soon as possible, and any costs shall be limited to the value of the printing/mailing work performed. 6. Returned Checks. Returned checks are subject to a $35.00 return fee, plus any other fees and remedies which may be allowed to applicable law. 7. Taxes. Client shall be solely and fully responsible for the payment of any and all sales, use, excise, or other similar taxes incurred or payable in connection with the production, printing, purchase, and mailing of the Products and Services specified in the Printing Order Form. 8. Ownership of Work. Unless negotiated and agreed in writing, the copyright with respect to any design created by CIP as part of the Products and Services provided to Client belongs to CIP. CIP may use any artwork or printing produced by CIP for the purposes of promoting itself and for any other use deemed beneficial or appropriate by CIP. Client shall be responsible for obtaining all necessary authority to reproduce pictures, artwork, photographs, and other similar items provided to CIP by Client, and hereby represents and warrants to CIP that Client has such authority. Client shall indemnify, defend, and hold harmless CIP and its agents from any claim arising thereof. 9. Client Responsibly for Content. Client assumes full responsibility for printed content and agrees to indemnify, defend, and hold CIN/CIP harmless for violations of local, state or federal statutes or legislation with regard to any data supplied by Client for use in the Products and Services to be provided pursuant to this Agreement. Client is responsible for the accuracy and proofreading of Client's data. Client is also responsible for ensuring that the ordered Products and Services comply with current mailing restrictions. Unless otherwise specified in the Printing Order Form, Client is solely responsible for the provision of data for the printing and production of the Products and Services to be provided pursuant to the Printing Order Form. CIP shall not be responsible for reviewing, checking, or otherwise ensuring the Client-provided data for print-readiness, nor shall CIP have any responsibility for any content or design flaws. CIP recommends hiring a professional graphic designer for the preparation of print-ready data. Among other common issues for which CIP shall not have any responsibility, CIP shall not be responsible or liable for any of the following: (a) trimming discrepancies; (b) ink rub; (c) overprinting; (d) minor variations (+/- up to 3%) in quantity of printed products; (e) spelling, punctuation, or grammatical errors; (f) inferior quality or low resolution images; (g) design or color selection errors; (h) Client's errors in option selections such as product type, size, finishing options, or quantity; (i) incorrect dimensions, image orientation, or data submissions by Client; (j) color match without hardcopy proof approval; (k) delays caused by Client's untimely submissions, corrections, review, or other similar matters; (l) incorrect layout of products by Client (including but not limited to folding, scoring, hole drilling, die cutting, or other similar services); (m) if Client provides mailing or other shipping information for the Products and Services, incorrect shipping address, undeliverable packages/3rd delivery attempts, or other errors, whether or not created by Client, and (n) damage to the Products and Services arising after delivery of the Products and Services to Client or to a common carrier. Notwithstanding any non-disclosure, confidentiality, or other similar covenants or agreements between Client and CIP, Client hereby authorizes CIP to publish, deliver, and mail the Products and Services in accordance with the terms of this Agreement. 10. Color Reproduction. CIP will reproduce color from submitted print-ready files as closely as possible, but cannot exactly match color and density because of limitations in the printing process, as well as neighboring image ink requirements. The accuracy of each color reproduction (of the final printed product) is guaranteed to be within 90% of any final proof of the Products and Services approved by Client. In the event that the Products or Services fail to comply with the standard set forth in the prior sentence, then as Client's sole remedy for such failure CIP will reprint the non-compliant Products and Services at no charge. CIP does not guarantee color reproduction for Client's print-ready files if Client: (a) did not request a hardcopy proof and deliver payment to CIP for said hardcopy proof as specified in the Printing Order Form; or (b) purchased Products and Services without a hardcopy proof option. CIP shall not have any responsibility for color variations between submitted print-ready images and the actual artwork or product they represent. 11. Use of Intellectual Property. Client hereby grants to CIP a license to use any and all image(s), logos, branding, copyrightable material, and other content (the â€œContent"); UPDATE `hub_4overprints`.m3_menus SET label = REPLACE(label, '"', ") provided by Client to CIP for the purpose of providing the Products and Services. Client represents, warrants, and certifies that Client has the right to use the Content in the Products and Services described in the Printing Order Form and further has the right to authorize and grant license to CIP to utilize such Content in the printing, production, and provision of the Products and Services. Client further represents, warrants, and certifies that the Content and the use of the Content in the Products and Services does not and will not infringe any rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons who are shown in the material if applicable. Client shall not, and Client represents, warrants and certifies that Client will not, submit any data to CIP, for use in the Products and Services or otherwise, that would give rise to any civil or criminal liability under applicable law, nor any sexually explicit or violently explicit materials. 12. Delays. CIP assumes no responsibility for delays caused by shipping carriers, weather or any damages resulting from the failure to receive a job on time. All mailing delivery dates are estimates, not guarantees. To the extent that the Products and Services specified in the Printing Order From include mailing services, CIP's responsibility is limited to preparing Client's mailing and completing delivery to the U.S. Postal Service (â€œUSPS"); UPDATE `hub_4overprints`.m3_menus SET label = REPLACE(label, '"', "), or if a different common carrier is specified in the Printing Order Form, the specified common carrier. In no event shall CIP be liable for USPS or other common carrier performance failures or delivery delays. CIP also shall not be liable to Client or any third party for any additional services performed by third parties other than CIP, including but not limited to other third party mail delivery services. 13. Title to Products and Services. The Products and Services are shipped â€œFreight On Board Shipping Point"); UPDATE `hub_4overprints`.m3_menus SET label = REPLACE(label, '"', " or â€œF.O.B. Shipping Point". Title and risk of loss of the Products and Services to be provided by CIP transfers to Client at time of delivery of the Products and Services to the USPS Sectional Facility located on or near to CIP's facility (or if shipment or delivery is to occur utilizing another common carrier or delivery service, upon delivery of the Products and Services to CIP's dock for pickup by such common carrier or delivery service). 14. Sales Final. All sales are final, and CIP shall have no obligation to refund any amounts to Client except as expressly set forth herein. 15. Limitation of Liability. IN NO EVENT WILL CIP BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR OTHER DAMAGES WHETHER OR NOT CIP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. CIP'S ENTIRE LIABILITY UNDER, FOR BREACH OF, OR ARISING OUT OF PROVIDING THE PRODUCTS AND SERVICES HEREUNDER, IS LIMITED TO A REFUND OF THE FEES PAID FOR THE PRODUCTS AND SERVICES THAT GAVE RISE TO THE CLAIM. IN NO EVENT SHALL CIP BE LIABLE FOR CLIENT'S COST OF PROCURING SUBSTITUTE GOODS. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CIP, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES"), BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE PRODUCTS AND SERVICES TO BE PROVIDED BY CIP PURSUANT TO THIS AGREEMENT, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 16. Indemnification for Breach. Client hereby warrants and agrees to defend, indemnify and hold harmless CIP and its owners, officers, agents, managers, affiliates, and other similarly situated parties from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to any breach of Client's duties, obligations, representations, warranties, and certifications under this Agreement. Without limitation of the foregoing, Client will indemnify, defend, and hold CIP harmless in any claim, suit or action brought against CIP by third parties for alleged damages, costs, expenses (including reasonable attorney's fees), liabilities or losses resulting from circumstances where CIP, acting pursuant to this Agreement, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in CIP's sole judgment is an infringement on a trademark, or trade name, or service mark, copyright, or other similar right belonging to others, or in a claim, suit or action brought against CIP for actions of Client's employees, officers, agents, managers, directors, partners, or other similarly situated persons which may occur as a result of any mailing. 17. Entire Agreement. This Agreement constitutes the entire agreement between Client and CIP relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. 18. Governing Law. The internal laws of the State of Texas shall govern the interpretation and performance of this Agreement, without regard to such state's conflicts of laws principles. Client consents to the exclusive jurisdiction and venue of the courts located in Travis County, Texas for all disputes arising out of, or relating to, this Agreement. 19. Insolvency. If Client ceases to pay Client's debts in the ordinary course of business or cannot pay such debts as they become due or has a windingâ€“up petition issued against it or being a person commits an act of bankruptcy or has a bankruptcy petition issued against him, CIP without prejudice to other remedies shall (i) have the right not to proceed further with the contract or any other work for the customer and be entitled to charge for work already carried out (whether completed or not) and materials purchased for the customer, such charge to be an immediate debt due to him, and (ii) in respect of all unpaid debts due from the customer have a general lien on all goods and property in his possession (whether worked on or not) and shall be entitled on the expiration of 14 days' notice to dispose of such goods or property in such manner and at such price as he thinks fit and to apply the proceeds towards such debts. 20. Force Majeure. CIP shall be under no liability if he shall be unable to carry out any provision of this Agreement for any reason beyond their control including (without limiting the foregoing) any act of God, legislation, war, fire, flood, drought, failure of power supply, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of the contract.