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Neighborhood Mail Printing Terms of Use (“Terms”)

staplesdm.ca (“site”) is owned by Staples Canada Inc. ("Staples") and is currently provided to users who agree to abide by these Terms.  Please read the Terms of Use and the Staples Privacy Statement carefully before you start to use the site.  If you do not want to agree to these Terms of Use or the Privacy Statement, you must not access or use the site or the services provided and you should cancel any open orders immediately by contacting your account manager directly.

Staples reserve the right to change the nature of this relationship at any time, and to revise these Terms from time to time as Staples sees fit.  Users should check these Terms periodically. Use of the site after we post changes to these Terms confirms your acceptance of those changes.

Direct Mail Services

Staples cannot guarantee results from a direct mail campaign or that your materials will be delivered by Canada Post.  All campaigns include printing, production, setup fees, and delivery to a certified Canada Post office facility.  Customer acknowledges that Staples’ responsibility is limited to preparing mail pieces and completing delivery to Canada Post. Customer acknowledges that Staples shall not be liable for Canada Post performance failures, errors or delivery delays.  An order shall be deemed complete upon Staples obtaining a statement from Canada Post verifying delivery of the order to Canada Post for mailing, a bill of lading or any other evidence that the order has been submitted to Canada Post for delivery.

Terms of Sale

Except as expressly provided otherwise, all Sales are Final.

No refunds are available on orders after an order has been placed unless art files have NOT been uploaded to the site, submitted to customer service or sent to press (or in the event of our error as further described below). On jobs that meet the above criteria for refund, you must contact your account manager to request your refund.

You must notify Staples within 6 business days of order acceptance of any damage discovered in the ordered product or the claim will be denied. If a print is found to be defective, then you may contact Staples for a reprint or other compensation. Staples must be contacted IN WRITING via an email to your account manager within 6 business days of receiving your order.

In the unlikely event that there is a typographical error caused by Staples, we will, at our discretion, either contact you for instructions before shipping, or cancel your order and notify you about the cancellation. Staples reserves the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. Typographical errors caused by you will not be considered for a refund.

Restrictions on User Material

In using the services provided, you agree not to order for print, upload, download, post, e-mail or otherwise transmit or communicate any materials including but not limited to text, data, photos, graphics, or any of these elements in combination as a design for products available on this site or otherwise ("User Material") that constitutes:

  • Any material for any unlawful purpose or that is obscene, offensive, cruel, pornographic, sexually suggestive, deceptive, profane, threatening, menacing, abusive, harmful, an invasion of privacy, supportive of unlawful action, patently offensive, defamatory, libelous, vulgar, violent, discriminatory (for example, based on race, color, religion, gender, sexual orientation, age, national origin, ancestry, or physical/mental ability), negatively pertaining to any particular individual or otherwise objectionable, or that advocates any of the aforementioned impermissible messaging; Further, you understand and agree that any material that we deem in our sole discretion to be inappropriate or offensive will be rejected.
  • Any material that depicts celebrities or celebrity likenesses; local, regional, national or international public figures or newsworthy, notorious or infamous images and individuals.
  • Any material that the customer does not own or otherwise have a right or license to use, transmit or communicate under any contractual or fiduciary relationship, or which infringes or may infringe any copyright, trademark, publicity, privacy, patent or other intellectual property right or any moral right of any person or entity;
  • Any material which is likely to cause harm to the site, any system that runs or is connected to the site or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the site or any system that runs or is connected to the site or which may cause any defect, error, malfunction or corruption to the service; or
  • Any material that does not contain any form of valid indicia or payment for postage but emulates, resembles or could be confused with postal markings or text required or recommended by postal regulation.

You agree that you are solely responsible for confirming that any User Material for which you submit an order may be legally possessed and used in the province or territory where you reside or where you intend to use the User Material and that any individuals whose images you have included in the User Material have given their permission for such use and that all such User Material meets all of the requirements set forth in this Agreement. Your submission of purchase instructions for a product or service shall constitute your representation and warranty to us that the User Material meets these requirements. We shall have the right, but not the obligation, to review the User Material you submit to determine its suitability for the services provided and compliance with these terms.

Indemnification

By using the site, you agree to defend, indemnify and hold harmless Staples and its respective officers, directors, employees, shareholders, agents, affiliates, subsidiaries, suppliers and representatives (the “Staples Parties”)  for any and all third party claims, damages, losses, liabilities and causes of action (including expenses and attorneys' fees) incurred by them arising out of or relating to (a)  your breach or alleged breach of these Terms, (b) any and all materials you provide constituting infringing materials; or (c) any of your activities conducted in connection with the services provided and/or the site.  Staples reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required in the defense of any claim and to reimburse Staples for the costs of such defense.

In addition, in the event you violate these restrictions on User Material and you publicize such violation, you acknowledge that Staples will suffer substantial damage to their respective reputations and goodwill and that you will be liable for any resulting damage, including consequential and indirect damages and that Staples shall be entitled to injunctive relief.  

Disclaimer; Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THESE TERMS OF USE, STAPLES  PROVIDES THE WEBSITE,  THE DIRECT MAIL SERVICES, AND ANY CONTENT PUBLISHED ON THE WEBSITE, ON AN "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS WITHOUT WARRANTY OF ANY KIND AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE STAPLES PARTIES  DISCLAIM ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, STAPLES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO (1) THE OPERATION OF THE SITE, (2) THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF ANY MATERIALS ON THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE, OR (3) WHETHER THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.  YOU HEREBY ASSUME THE ENTIRE RISK ASSOCIATED WITH USE OF THE WEBSITE, RESULTS OBTAINED, AND PERFORMANCE.
NONE OF THE STAPLES PARTIES IS RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION CONTAINED ON THE SITE, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE TOTAL LIABILITY OF THE STAPLES PARTIES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED ONE DOLLAR (CAN $1.00). CERTAIN LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Accessing the site and Account Security

Staples reserve the right to withdraw or amend this site, and any service or material provided on the site, in Staples’ sole discretion without notice. Staples will not be liable if for any reason all or any part of the site is unavailable at any time or for any period. From time to time, Staples may restrict access to some parts of the site, or the entire site, to users, including registered users. You are responsible for:

  • Making all arrangements necessary for you to have access to the site.
  • Ensuring that all persons who access the site through your internet connection are aware of these Terms, agree to be bound by them and fully comply with these Terms.

To access the site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the site that all the information you provide on the site is correct, current and complete.  You agree that all information you provide to register with this site or otherwise, including but not limited to information provided through the use of any interactive features on the site, is governed by our Privacy Statement  and you consent to all actions we take with respect to your information consistent with our Privacy Statement.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Staples reserves the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Copyrights, Trademarks & Restrictions and Intellectual Property Ownership

The site and all materials on the site, including, but not limited to, images, illustrations, posts, audio clips and video clips (the "materials") are the property of Staples and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by Staples and by copyright law, trademark law, international conventions and other intellectual property laws. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit or distribute in any way whatsoever any materials from the site (or any other web site owned or operated by Staples or its subsidiaries or affiliates) without Staples' prior written permission. However, you may print in hard copy portions of the site with the sole intent of placing an order with Staples or applying for credit. Printing materials for any other reason or transferring materials for use on any other web site, or the modification, distribution or republication of materials without Staples' prior written permission is strictly prohibited. Any modification of materials, or any portion thereof, or use of materials for any other purpose constitutes an infringement of trademark or other proprietary rights of Staples or third parties.

The information published on or through the site may include data, text, software, scripts, files, documentation, images, graphics, photographs, pre-designed templates, audiovisual combinations, and other interactive or similar materials (the "Content"), that has been provided by users such as yourself, Staples, its third party licensors or suppliers ("Third Party Licensors"). The Content provided by Staples or Third Party Licensors contains trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are held by such parties, as the case may be, and all such proprietary material is protected by law, including, without limitation, trademark and copyright laws and international treaty provisions.  The material included herein, including site design, text, graphics and the selection and arrangement thereof are copyrighted © by Staples Canada Inc. ALL RIGHTS RESERVED. Staples.ca®, Staples®, that was easy®, other trademarks and all page headers, custom graphics and custom icons are service marks and trademarks of Staples the Office Superstore, LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

The "look and feel" of the service (including color combinations, text, images, the names and logos, button shapes, layout, design compilation and presentation of information and all other graphical elements, other than those owned or licensed by Third Party Licensors) are also Staples's trademarks and/or copyrights, as the case may be.

The content on all pages of the site is provided solely for the use of Direct Mail services and may not be used by you, or any other person or entity, or for any other purpose. Users do not receive any copyright in or to the Content itself. Neither your use of the Content nor the creation of products or materials using such Content creates joint authorship, joint ownership or "works made for hire" in or regarding such Content.
You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any Content, except as expressly permitted under these Terms of Use, without the prior written consent of Staples, the relevant Third Party Licensor or other legal owner of such Content.

Any unauthorized use of Content accessed through the site may constitute trademark or copyright infringement, unfair competition, or other potential state or federal causes of action, as applicable, which could subject the user to substantial civil penalties, damages or other relief. The deletion or alteration of any copyright, trademark or other proprietary notices used or displayed through the site is strictly forbidden. All rights not expressly granted under these Terms of Use are reserved.

Notice and Take-Down Procedures

If you believe any materials on the site infringe your copyright or trademark rights, you may request such materials be removed by following the notice and take-down procedures of the Copyright Act, as amended. To follow those procedures, contact Staples' copyright agent (identified below) and provide the following information:

  • A clear statement identifying the works or other materials believed to be infringed.
  • A statement from the copyright holder or authorized representative that the materials are believed to be infringing.
  • Sufficient information about the location of the allegedly infringing materials so that Staples can find and verify its existence.
  • Your name, telephone number and email address.
  • A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the copyright owner's behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.
  • Staples' agent for notice of copyright issues on the site can be reached as follows:

    Staples, Inc.
    500 Staples Drive
    Framingham, MA 01702
    Attn: Legal Department
    With a copy to: General Counsel
    (Ref: Copyright Infringement)


Governing Law and Venue; Time Limitation.

Staples operate the site from its offices within the United States. Staples make no representations that content and materials on the Site are legal or appropriate for use from outside of North America. If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with any and all local laws. You may not use the Site in violation of U.S. export laws and regulations. These TERMS will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, as it is applied to agreements entered into and performed therein, and excluding:  (i) the United Nations Convention on Contracts for the International Sale of Goods; (ii) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (iii) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. Any action brought to enforce these Terms or matters related to the Site will be brought in either the State or Federal Courts of the Commonwealth of Massachusetts; provided, however, that notwithstanding anything contained in these Terms to the contrary, Staples shall have the right to institute judicial proceedings against you or anyone acting by, through or under you, in order to enforce Staples' rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief.

Any claim or cause of action you have under these Terms or your use of the Site:  (a) must be commenced within one year after the claim or cause of action arises, or such claim or cause of action will be barred; and (b) must be brought individually, and not consolidated as part of a group or class action complaint. If any provision of these Terms is deemed void, unlawful or otherwise unenforceable for any reason, that provision will be severed from these Terms and the remaining provisions of these Terms will remain in force. These Terms constitute the entire agreement between you and Staples concerning your use of the Site.

Waiver of Jury Trial

You waive all rights to trial by jury in any action or proceeding instituted in connection with these Terms, the Privacy Policy or the site. If a dispute (other than a dispute involving an actual or threatened violation of our intellectual property rights or the intellectual property rights of our affiliates and Third-Party Licensors) arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator located in Boston, MA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by the parties. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in Richmond, Virginia, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Notification of Copyright Infringement

If you believe in good faith that your copyrighted work has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify our designated Copyright Agent to receive notifications of claimed infringement at . Any personal information you provide in your notice will be used only for purposes related to your notice.

Termination

These Terms are effective until terminated by Staples, which Staples may do at any time without notice for any reason. In the event of termination, you are no longer authorized to access the site or use the site. The applicable restrictions imposed on you with respect to material downloaded from the site, indemnification obligations, and the disclaimers and limitations of liabilities set forth in these Terms shall survive such termination.

Miscellaneous

These Terms, together with the Privacy Policy and any updates, modifications or amendments to same, as well as any other legal notices provided or displayed through the site, shall constitute the entire agreement between Staples and you regarding your use of the site.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Any failure by Staples to exercise or enforce any legal right or remedy set forth in these Terms, or otherwise under applicable law, shall not be deemed a waiver of Staples's rights or remedies, which shall remain available to Staples.

The rights granted to you under these Terms may not be assigned to any third-party without the prior written consent of Staples, in its sole discretion. These Terms shall be binding upon you, your successors and approved assignees.

Comments, Complaints and Questions

Staples welcome your feedback about the site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the site shall be and remain the exclusive property of Staples, and Staples may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you. Should you have any questions or complaints regarding violations of these Terms, please contact the Direct Mail Team at support@Staplesdm.ca.