User Contract

Service is provided by TargetOne Technologies. / DBA mywbiz.com

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your unconditional assent to these terms of use and the fact that all terms and conditions herein apply to. TargetOne Technologies Inc.(d.b.a. mywbiz.com (WIN) and all of our affiliates separately and collectively as applicable. If you do not agree to these terms of use, you are not authorized to use the site. WIN cannot and does not guarantee the security of information you transmit through the Web, and you transmit all such information at your own risk.
Terms and Conditions of Order (updated 1/07/09)

1. Accuracy
All materials are printed with exactly the same text and graphics as seeing on the screen with the exception of the elements of personalization. Elements of personalization like address and name of the recipient are user provided and accuracy of them is the full responsibility of the user.

2. Payment
The fees for WIN products and services, which include the cost of processing, printing, and mailing, and any other charges applicable, are due and payable together with the submission of an order. WIN requires pre-payment on all orders.

Sales Tax Policy
WIN is required to collect sales tax on purchases shipped to California.

Refunds & Cancellation
No refunds of any nature will be granted once WIN begins your order. Additionally, no partial refunds will be provided for work which is not finished by the user.

3. Production Time & Delivery
Our daily deadline for receiving materials to begin work on an order is 10 am. Production business days are calculated in 24 hour increments. All orders placed before 10 am are produced and shipped the same day, except the days when production equipment is under the service or other unpredictable circumstances.

4. Indemnification, Damages
You agree to indemnify and hold WIN and its parent companies, subsidiaries, affiliates, officers, directors, employees and independent contractors harmless from any claim, demand, damages, liability, costs and expenses including but not limited to attorneys' fees made by any third party due to or arising out of any claim alleging that the printed work violates any copyright, trademark, intellectual property, proprietary or privacy right of any person or entity. You hereby represent and warrant that you own or have properly licensed all the necessary rights to use the image(s) being reproduced on your card. You acknowledge and understand that copyrighted materials, per U.S. Copyright law do not have to bear a copyright notice in order to be protected by such laws. You also warrant and represent that no copyright notice has been removed or altered in any manner from any images or materials used in preparing your content for reproduction by WIN. DO NOT send any "one-of-a-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible, financially or otherwise for loss or damage to customer supplied images or artwork.
The liability of WIN, if any, for damages for any claim of any kind whatsoever regardless of the legal theory, with regard to any order placed by a customer shall not be greater than the total amount of fees payable by customer to WIN for its products and services. In no event will WIN be liable for any special, incidental or consequential damages or compensation, reimbursement or damages on account of the loss of present or prospective profits, expenditures, investments or commitments, whether made in the establishment, development or maintenance of business reputation or goodwill or for any reason whatsoever. You agree that any claim or lawsuit relating to this Agreement must be filed within one (1) year of date of the alleged breach by WIN. You hereby waive any Statute of Limitations to the contrary.

5. Ownership & Limited Use
By placing an order with WIN, you: (i) represent and warrant that you have all necessary permission, right and authority to place an order with WIN and; (ii) are authorizing WIN to print such order on your behalf. Any images/graphics, text or other materials supplied to WIN by the customer will remain sole property of the customer and the copyright thereunder has not been assigned or transferred in any manner to WIN. However, any additional materials created by WIN in the production of an order, (including but not limited to: typeset layouts, color scans, fonts, high resolution digital files etc...) are and shall remain the sole property of WIN. Digital files of a WIN assembled layout can be obtained upon customer's written request and by payment of the applicable fee for such files. These materials will NOT be sold or traded to any other party. WIN reserves the right to reprint and distribute your finished cards as example of a WIN postcard product for any and all promotional purposes. This promotional distribution may include but is not limited to WIN’s collateral marketing materials, website, affiliates’ websites, affiliate programs, WIN catalogs, catalogs of others, emails, and any other marketing in any medium that WIN may employ as necessary. Customers can withdraw their order from being distributed as samples by sending a written request to WIN at the following address: 2214 Roosevelt St., Carlsbad, CA 92008, or by email to the following address: totsupport@targetonetech.com. Your images will not be used in any national advertisements or promotions without your prior written consent, such consent not to be unreasonably withheld or delayed.
Terms and Conditions of Use/Website
TargetOne Technologies Inc. provides its services to you subject to the following Terms and Conditions. If you visit, use a service, or make purchases at mywbiz.com or any other web sites (collectively, the "Site") operated by TargetOne Technologies Inc. or one of its divisions or subsidiaries (collectively, "WIN"), you agree to abide by these Terms and Conditions when you use the Site. If you do not agree to these Terms and Conditions of Use, do not use any portion of the Site.

1. Nonexclusive License
We grant you a nonexclusive, nontransferable, limited right to access and display the Site and the material provided herein for personal use, provided that you comply fully with these Terms and Conditions of Use. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of WIN. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of WIN without our express written consent. You may not use any meta tags or any other "hidden text" utilizing WIN's name or trademarks without the express written consent of WIN. Any unauthorized use terminates the license granted by WIN. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Modernpostcard.com so long as the link does not portray WIN, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any WIN logo or other proprietary graphic or trademark as part of the link without express written permission.

2. Prohibited Uses
Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to use the Site to (i) promote any unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; or (ii) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any WIN employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that : (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without express written permission. You agree that you will not use the Site for chain letter, junk mail, "spamming," solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list.

3. Usage and Monitoring
WIN does not regularly review the contents of the material posted to the Site. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. WIN does sell products for children. If you are under 18, you may use Modernpostcard.com only with involvement of a parent or guardian. WIN reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. While WIN has no obligation to monitor the Site and is not responsible for the content of any messages, information or files transmitted on the Site, WIN reserves the right to delete and take other appropriate action with respect to such messages, information or files with which WIN, in its sole discretion, deems objectionable or otherwise in violation of these Terms and Conditions, including denying access to the site to anyone at anytime.
If you do post or submit content, you represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate any rights and will not cause injury to any person or entity; and that you will indemnify WIN for all claims resulting from content you supply. WIN respects the intellectual property of others. If you believe that your material has been copied in a way that constitutes copyright or trademark infringement, please notify us immediately. We reserve the right to distribute free samples of your postcard.

4. Privacy
Your use of the Site constitutes your consent to WIN's privacy policy posted at mywbiz.com which is updated from time to time.

5. Copyright Ownership
All content included on the Site, including but not limited to text, graphics, photographs, logos, and software, and all derivative rights thereof is the property of WIN or its content suppliers and is protected by United States and international copyright laws. Unauthorized copying, reproduction, republishing, uploading, downloading, posting, transmitting or duplicating any of the material is prohibited. WIN and its content suppliers do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secrets.

6. Trademark Ownership
Maljini.com, TargetOne Technologies and other related trademarks and service marks are the property of WIN and are protected by United States and international trademark law. They may not be used without the written permission from WIN and all rights are reserved.

7. Web Linking
Links may appear on the Site that link to other web sites. These links are provided as a courtesy to our visitors. WIN has no control over the linked web sites or other materials, information, goods or services available or contained on these linked sites. WIN is not responsible for and does not endorse or guarantee accuracy in any way of such sites. If you decide to access any of the linked sites, you do so entirely at your own risk. WIN reserves the right to terminate any link at any time.

8. Purchases
All items purchased from WIN are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

9. Disclaimer and Limitation of Damages
(a) WIN is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. The site (including, without limitation, all content, software, functions, materials and information made available or described on the site or accessed by means thereof) is provided "as is," without representations or warranties of any kind, either express or implied, including, without limitation, any express or implied warranty of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. Without limiting the foregoing, WIN makes no warranty or representation, either express or implied, that access to or operation of the Site will be uninterrupted or error free. In no event will WIN, its suppliers, or any other party involved in creating, producing or delivering the Site's content be liable for the truth, accuracy or completeness of any information on the Site, for errors or mistakes made by humans or machines, or for any actual, special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the Site and/or the materials and information contained on or available through the Site. The limitations herein may not apply in certain jurisdictions.

(b) Any reliance upon any advice, opinion, statement other information displayed or distributed through the Site is at your sole risk. WIN reserves the right, in its sole discretion and without notice to deny access to the Site to anyone at any time. Neither WIN nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.

(c) Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, other communications, content or other material (including, without limitation, software) accessed through or obtained by means of the Site.

(d) We make no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any site linked to the Site. We will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site.

10. Indemnification
You agree to indemnify and hold WIN and its parent companies, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, violation of these Terms and Conditions, or other infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.

11. Applicable Laws
WIN operates the Site from its offices in California and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws and regulations. The display of the Site alone does not subject WIN to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. If any of the terms herein shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining terms or conditions. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of California as applied to agreements made and to be performed entirely therein. The parties consent to venue and personal jurisdiction in San Diego, California and any action brought in connection with the Site or Site content shall be brought in either the state or federal courts in San Diego, California. Communications made through the Site's e-mail and messaging system shall in no way be deemed to constitute legal notice to WIN or any of its officers, employees, agents or representatives, such as where notice to WIN is required by contract, or any federal, state or local laws, rules or regulations.