Deluxe for business terms and conditions

A. Acceptance of Terms.

Please read these Terms of Use carefully. These Terms and Conditions govern your access and use of this website (“Site”). “We,” “us” and “our“ refers to Deluxe Corporation. “ You,” “your,” and “yours” refers to the customer accessing this Site. By accessing or using this Site you agree to be bound by these Terms and Conditions and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this Site.

All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms and Conditions. Deluxe reserves the right to make changes to this Site and to these Terms and Conditions at any time without prior notice. You should review these Terms and Conditions each time you access this Site.

B. Use of Site.

You may download material displayed on the Site for non-commercial, personal use only, provided you do not remove or alter any trademark, copyright or other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, report, or use the contents of the Site for public or commercial purposes, including the text and images, without Deluxe's prior written permission.

You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions (and the text on the Site) without the prior written permission of Deluxe. Deluxe neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of any third parties.

Deluxe makes no warranties or representations as to the accuracy or completeness of information and materials contained on the Site and Deluxe assumes no liability or responsibility for any inaccuracies, errors or omissions in the content on the Site.

Your use and browsing of the Site is at your risk. Neither Deluxe nor any other party involved in creating, producing, maintaining or delivering the Site is liable for any direct, indirect, special, incidental, consequential or other damages of any nature or description arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Deluxe also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any materials, data, text or images from the Site.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary.

Anything you transmit or post may be used by Deluxe or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Deluxe is free to use, without limitation or restriction, any ideas, concepts, know-how or techniques contained in any communication you send to or through the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such information.

Images of people or products displayed on the Site are either the property of, or used with permission by, Deluxe. The use of these images by you, or anyone else authorized by you, is prohibited. Any unauthorized use of the images may violate applicable laws, including copyright laws, trademark laws, the laws of privacy and publicity.

Deluxe has not reviewed all of the sites linked to the Site and is not responsible for the contents of any off-site pages or any other sites linked to the Site or the products and services offered by or through such Sites or the privacy, data security or other business practices of those owning or maintaining such sites. Your linking to, and access and use of, any other off-Site pages or other sites is at your own risk.

You are prohibited from posting or transmitting to Deluxe or the Site any unauthorized or misappropriated information, materials or images or unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane information, materials or images or any information, material or image that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. It is Deluxe's policy to fully cooperate with any law enforcement authorities or court order requesting or directing Deluxe to disclose the identity of anyone posting or transmitting any such information, materials or images.

C. Intellectual Property.

Except as noted otherwise in the text of the Site, the trademarks, logos, service marks and all copyrightable materials displayed on the Site constitute intellectual property owned by Deluxe or which Deluxe has the right to use on the Site (the “Deluxe Intellectual Property”). Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Deluxe Intellectual Property displayed on the Site without the prior written permission of Deluxe.

Unauthorized use of the Deluxe Intellectual Property displayed on the Site, or any other content on the Site, is strictly prohibited. Please be advised that Deluxe will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

D. Purchases of Products and Services.

Transfer of Title. Prices are F.O.B. Seller's dock. This means that the risk of loss and title for products you order from us pass to you upon our delivery to the carrier. For any product that is to be provided to you in an electronic format, delivery shall be deemed to have occurred either

(a) at the time we transmit the product via email or other electronic communication addressed to you, or

(b) at the time we transmit a notification to you that the product is available for downloading from the Site. State sales tax will be added to your order where applicable.

Disclaimer of Warranty. We guarantee you will be completely satisfied with every product you purchase. If you are not completely satisfied once you receive the order, we'll do what it takes to make it right. While Deluxe takes care in the manufacture of such products, it is commercially impossible to detect all errors and imperfections. Therefore, no other warranty is given, and all affirmations, samples or models made or shown are for illustrative purposes only.

The above warranty is expressly in lieu of all other warranties and representations, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. In no event will Deluxe be liable for any indirect, special, incidental, consequential or other damages of any nature or description, or damanges resulting from any use or misuse of any product or any act or omission by Deluxe, nor will Deluxe be liable for any breach of warranty (or other obligation binding upon Deluxe) in an amount greater than the purchase price of the product actually paid to Deluxe.

Indemnification. You agree that you shall indemnify and defend Deluxe, its affiliates and licensors, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to your breach of these Terms and Conditions.

E. Notice Specific to Documents Available on this Site.

Permission to use documents such as white papers, press releases, datasheets and FAQs (“Documents”) provided on this Site is granted provided that

(a) the copyright notice “© 2009 Deluxe Enterprise Operations, Inc.” appears in all copies of any Documents,

(b) use of such Documents is for informational and non-commercial or personal use only and shall not be copied or posted on any network computer or broadcast in any media, and

(c) no modifications to the Documents of any kind are made.

Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators may be prosecuted to the maximum extent possible.

F. Member Account, Password and Security.

If you open an account with us you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.

You agree to notify Deluxe immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Deluxe or another party due to someone else using your account or password. You may not use anyone else's account at any time without express permission of the account holder.

G. General Terms Applicable to Creative Services offered by Deluxe

If you are requesting a Creative Services project on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these terms on its behalf and to bind such business, organization, or entity to these Terms of Use.

If you provide Deluxe with any text, images, designs, or other content (collectively the “Content”) for incorporation into your Creative Services project, you guarantee that you have all appropriate and necessary right and authority to use such Content and that your use will not infringe any trademark, copyright, or other right of any other party.

You acknowledge that any such Content that Deluxe may provide to you as part of your Creative Services project may have similarities to Content prepared by Deluxe for other Deluxe customers. You obtain no right or claim of any kind to any individual design element or elements provided by Deluxe concerning any such Content and Deluxe reserves the right to use the same or similar design elements in other Creative Services projects or otherwise for other customers in the future.

Except for the specific Creative Services project content provided by you to Deluxe, all rights in all Creative Services work product, including without limitation both final designs and all interim and draft designs, are retained by Deluxe. Your right to use any Content prepared for you by Deluxe is limited to the finished printed products in the form in which they are supplied to you by Deluxe.

Deluxe reserves the right, in its sole discretion, to refuse to accept any Creative Services project or to terminate any Creative Services project prior to completion at any time and for any reason. You agree that Deluxe shall have no liability of any kind to you or to any third party arising from such refusal or termination.

H. Terms Applicable to Custom Logo Design Services.

If your Creative Services project involves the development of a logo design, you acknowledge and agree to the following:

Deluxe is only providing logo design services and has no obligation or duty of any kind to provide any legal advice or other service to you regarding the logo or to perform any trademark clearance search or any other inquiry of any kind related to the logo. It is solely your responsibility to determine if the logo is suitable and appropriate for your use and to obtain the advice of an attorney regarding whether the logo is legally available for your use and does not infringe the rights of another party.

Deluxe does not guarantee that your logo will not have similarities to logos designed by Deluxe for other customers of Deluxe. Apart from your logo as a whole, you are obtaining no right or claim of any kind to any individual design element or elements of the logo and Deluxe reserves the right to use one or more of the design elements in other logo design projects for other Deluxe customers.

I. Terms Applicable to Use of Free Business Design Logos.

The free business design logos offered herein (“Logo” or “Logos”) are the exclusive property of Deluxe Enterprise Operations, Inc. or its affiliates. As such, Deluxe owns all right, title and interest in the Logos, including but not limited to, copyright, trademark, service mark, trade dress, moral rights, rights under any statutory protection of fine arts, and otherwise, as applicable. As a customer of Deluxe, You acknowledge that the Logos are being provided merely as a convenience and accommodation to You on an “AS IS” basis without warranty of any kind.

As a condition of Your use of any Logo, You agree to:

(a) refrain from asserting any ownership, proprietary or other rights in any Logo or to challenge, contest, or take any other action inconsistent with Our exclusive ownership rights in the Logos, irrespective of any use You may make of any Logo

(b) refrain from seeking any form of registration in any state, federal or foreign jurisdiction, of any trademark, service mark, trade dress, logo or other commercial designation that includes any Logo or any colorable imitation or derivative thereof

(c) refrain from pursuing any claim, action or proceeding against Deluxe, its affiliates, vendors or customers based upon any Logo used by You

(d) indemnify and defend Deluxe and its affiliates from and against any claim, cost or liability of any kind, including for copyright and trademark infringement, arising out of Your use of any Logo

(e) waive, release and hold harmless Deluxe, its affiliates, vendors or customers from any claim or liability based upon Our printing or provision of any materials to any other customer of Deluxe or its affiliates containing a Logo similar or identical to a Logo selected by You.

J. Unsolicited Idea Submission Policy.

Deluxe is always engaged in pursuing creative ideas for our business. However, in order to avoid potential misunderstandings or disputes concerning the source of these ideas and any obligations that might attach to them, we only review the ideas of others under clearly defined circumstances. Please contact your Deluxe Account Representative or our Customer Service Department for more details.

Please do not send us any of your unsolicited original ideas, creative artwork, samples, demos or other such works without contacting us first. Please note that any such ideas and/or materials we receive become the sole property of Deluxe and we make no assurances that these ideas and/or materials will be treated as confidential or proprietary.