Last updated: Jan 17, 2023

Terms and Conditions

TERMS OF USE

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS (“Terms”) AND THE PRIVACY POLICY. BY DOING BUSINESS WITH HILLVIEW DESIGN PRINT MEDIA, INC., ACCESSING, OR USING WEBSITES OF HILLVIEW DPM, INC., (WWW.HILLVIEWDPM.COM AND/OR WWW.HILLVIEWDPMPORTAL.COM) YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN DO NOT ORDER FROM, ACCESS, OR USE HILLVIEW DESIGN PRINT MEDIA, INC. SERVICES AND/OR IT’S WEBSITES.

These services and websites (collectively, “Services”) are owned and operated by Hillview Design Print Media, Inc. in Morgan Hill, California, which provides these Services to you when you conduct business either in person, via phone, email and/or US Mail, or at www.hillviewdpm.com or www.hillviewdpmportal.com (collectively, “Hillview DPM.”) Hillview DPM provides these Services to you subject to the following conditions. These terms and conditions may be changed or updated without notice at any time at our discretion.

These Services are provided on an AS IS and AS AVAILABLE basis. We make no warranty that the Services will be or operate error-free.

Do not order from or use these Sites if you are under age 18.

ACCOUNT

You are responsible for protecting your password and controlling access to your account. You are responsible for all orders placed or other actions that are taken through your account.

COPYRIGHT

Unless otherwise indicated all graphics and content provided via email, US Mail, in person, and/or on our websites, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files, and the selection and/or arrangement thereof are the proprietary property of Hillview DPM, our licensors, or clients and are protected by copyright laws. It is strictly prohibited to re-distribute, copy, or republish any materials provided by Hillview DPM.

CONTENT POLICY

We respect the intellectual property rights of others, and we insist that our customers respect our intellectual property rights as well.

Content is defined as any information and/or material, including text and images that constitutes and/or substantiates any publication, document, website, or printed item.

You may not place or reproduce any trademarks, service marks, logos, or copyright protected works that are not owned by you or licensed to you on any virtual medium, materials and/or merchandise to be manufactured or distributed.

Hillview DPM also prohibits using explicit language or pornography on any virtual medium, printed materials, and/or merchandise provided by Hillview DPM.

You are responsible for all Content that you use, send, upload, post, or transmit to Hillview DPM via email, US Mail, in person, and/or our websites, including without limitation any images from the Hillview DPM image library. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. You agree not to use our services to send, upload, post or otherwise transmit any content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks; or (v) any Content that infringes the intellectual property rights or other proprietary rights of Hillview DPM or any third party.



You acknowledge that Hillview DPM does not pre-screen Content, but that Hillview DPM and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the Terms or may otherwise be objectionable. You agree that Hillview DPM may preserve content and may also disclose it if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of use; (c) respond to claims that the Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Hillview DPM, its users or the public.

THIRD-PARTY CONTENT

Hillview DPM may make third-party information and other content available on or through the Site (the "Third-Party Content") as a service to those interested in this information and we may provide information regarding or access to third-party products or services available on or through the Site ("Third-Party Products and Services"). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated with them, are solely between you and such third party. We do not control, endorse or adopt any Third-Party Content or Third-Party Products or Services, and make no representations or warranties of any kind regarding the Third-Party Content or Third-Party Products and Services. Hillview DPM is not responsible or liable in any manner for any Third-Party Content or Third-Party Products and Services and undertakes no responsibility to update or review any Third-Party Content or Third-Party Products and Services. You use Third-Party Content and Third-Party Products and Services at your own risk.

PROHIBITED USES

• You are solely responsible for all your activity in connection with the Hillview DPM Websites and the Hillview DPM Services. As a condition of your use of the Site, you warrant that you will not use the Site and/or the Hillview DPM for any purpose that is unlawful or prohibited, including, without limitation, the following:
• You may not scrape, spider, crawl or use any other automated device or manual process to harvest data from the Site;
• You may not, or attempt to, decompile, reverse engineer, disassemble, loan, sell or create derivative works of the Site;
• You may not access content or data not intended for you or log onto a server or account that you are not authorized to access;
• You may not, or attempt to, probe, scan or test the vulnerability of the Site or any associated system or network, or to breach security or authentication measures;
• You may not, or attempt to, interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Site, overloading, flooding, spamming, mail bombing or crashing;
• You may not use information obtained from the Site to solicit other Site users;
• You may not use the Site, the hillviewdpmportal.com Services or both to transmit any false, misleading, fraudulent or illegal communications; and
• You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from any other user.
  

GOVERNING LAW

Hillview DPM is based in Morgan Hill, Santa Clara County, CA. The use of Hillview DPM Services and your use of Hillview DPM Websites are governed by the laws of the Morgan Hill, Santa Clara County, CA., not including its conflicts of laws provisions. You agree to submit to the jurisdiction of the state and federal courts for Morgan Hill, Santa Clara County, CA. and agree that venue in these courts is proper in any legal action or proceeding arising from or related to Hillview DPM Services or use of Websites.

LIMITATION OF LIABILITY

In no event shall Hillview DPM or its licensors, suppliers, or vendors, their officers, directors, employees, or agents, be liable for any special, incidental, indirect, or consequential damages of any kind, or for any damages whatsoever resulting from loss of use, data or profits, whether or not Hillview DPM has been advised of possibility of the damage, arising out of or in connection with the use or performance of the Site or the Hillview DPM or of failure to provide products and services that you order from Hillview DPM or its affiliates, including without limitation, damages arising from mistake, omission, virus, delay, or interruption of service. In no event shall Hillview DPM be liable or responsible for any damages or consequences arising from or related to your inappropriate or unauthorized use of the Hillview DPM Services or Websites.

SEVERABILITY

If any provision of this agreement is found to be invalid, illegal, or otherwise unenforceable, the validity, legality, or enforceability of the remaining provisions shall not be affected in any way.

DISCLAIMER

Content is provided AS IS. Hillview DPM makes no claims or warranties that the Site Materials or Content are suitable for specific purposes, are non-infringing, complete, timely, reliable, or are free from errors, inaccuracies, or typographical mistakes.

Except as provided elsewhere in these Terms, HILLVIEW DPM DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THE RIGHTS OF OTHERS.



HILLVIEW DPM DOES NOT WARRANT THAT THIS WEBSITE WILL OPERATE IN AN ERROR-FREE MANNER, OR IS COMPLETELY FREE FROM VIRUSES OR OTHER DESTRUCTIVE OR HARMFUL CODE.

LINKS

Links from this Site to a non-Hillview DPM website may be provided for users' convenience only. Hillview DPM does not control or review these websites, nor does the presence of a link imply any endorsement of non-Hillview DPM websites. Hillview DPM is not responsible for the content, accuracy, completeness, or security of materials on linked websites. If users elect to access any non-Hillview DPM websites, they do so at their own risk.

INDEMNITY

You agree that you shall indemnify and hold harmless Hillview DPM and all parties from whom Hillview DPM has licensed portions of content, and their shareholders, members, directors, officers, employees, and successors and assigns against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to (i) your breach of these Terms of Use or (ii) any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material in connection with the Hillview DPM (iii) any suit, claim, or demand arising from the use or inability to use this Site.

REFUSAL OF SERVICE

We reserve the right to lawfully refuse service to any party or person, at any time, without disclosing the reasons for refusal of service.

PRICING

Pricing, including, but not limited to, print prices, mail service and postage costs, and estimated shipping, is subject to change at any time up until the point that your order is submitted. Once an order is submitted, pricing may change if specifications or parameters of the order are altered.

PAYMENT TERMS

Credit Card Payment Methods:

We honor most credit cards. Payment for goods and services ordered is due in full at the time of order.

Credit Terms through Hillview DPM (e.g. Net 30, Net 15):

Credit Terms, such as Net 30 or Net 15 Credit Terms, may be available upon request. Any requests for credit terms are subject to a credit application and review process. If approved for credit terms, we will notify you in writing upon approval. Credit terms may declined or revoked without notice at any time at our sole discretion. For orders placed with Credit Terms as the payment method, payment shall be received within the appropriate number of days from date of invoice, based upon the approved payment terms. For example, Net 30 Payment Terms would require that payment is received within 30 calendar days.

As security for payment of any sum due or to become due under terms of any agreement, Hillview DPM shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in Hillview DPM’s possession including work in process and finished work. The extension of credit or the acceptance of notes, trade acceptances or guarantee of payment shall not affect such security interest and/or lien. If Hillview DPM turns your account over to an attorney, you agree to pay all costs of collection. Any litigation arising out of this agreement shall be conducted only in a court of competent jurisdiction in Santa Clara County, California. You agree to pay Hillview DPM a FINANCE CHARGE OF 1.5% per month, minimum FINANCE CHARGE OF $10.00, which is an ANNUAL PERCENTAGE RATE or 18% per annum, on any sum which remains unpaid for thirty days after first billing.

Our Cancellation Policy and Refund Policy (and all other terms & conditions unless otherwise specified) are still in full effect for Payment Terms purchases.

POSTAGE/MAILING PAYMENTS

All funds for postage must be received prior to mail fulfillment. The mailing project will be forwarded to the post office once postage payments are processed and cleared through a bank. Payments may be made via check, ACH, wire transfer, or credit card. Postage payments made by credit card are subject to a 4% processing fee. If the actual postage amount differs from the estimated postage amount (for example, if the number of mailing pieces changes or the mailing list is updated), Hillview DPM will reconcile the difference, accounting for processing fees where applicable.

ORDER APPROVAL

The customer is fully responsible for final proof and layout approval prior to the printing process.

Hillview DPM is NOT LIABLE for errors in a final product caused by any of the following, including, but not limited to:

Misspelling, Graphics, Bleeds, Grammar, Damaged Fonts, Digital Artifacts that are Not Visible on Screen, Punctuation, Wrong Cuts, Incorrect or Missing Folds, Incorrect back up of supplied file(s), Finished Product Size, or any errors resulting from a failure to read and comply with information provided in our Frequently Asked Questions (FAQ) and File Preparation Guide sections of the Hillview DPM website.

ORDER CANCELLATION

Hillview DPM accepts cancellation of orders prior to proof approval subject to the cancellation fee. Once a proof is approved only the shipping is refundable. We will promptly inform you of any cancellation charges that may apply. Upon cancellation, any costs (labor, administrative fees, credit card fees, etc.) already borne by Hillview DPM will be subtracted from your refund. The minimum cancellation fee is $25.

Orders on hold due to file or payment issues will be cancelled by Hillview DPM if no response is received from the customer within 30 days. Charged orders that have been cancelled due to lack of response will be subject to a cancellation fee as stated above.

Hillview DPM reserves the right to cancel an order when we deem the files do not meet our requirements for print ready files.

Hillview DPM reserves the right to cancel an order for any reason, with or without cause. In such instances a cancellation fee will not be applied. Charges for work done to that point may apply.

COLOR PROOFING AND MATCHING

Hillview DPM offers two main proofing methods, outlined below.

Electronic / PDF Proofs

An electronic proof in PDF format is available for any of our printed products. An electronic proof is an industry-accepted method for approving correct size and layout, content, and for making non-critical qualitative decisions about color. Once all of the files needed for your job are uploaded to our website, we will check your files, and email you a link to your PDF proof within 16 business hours. A project involving variable data printing can take anywhere from 24-40 business hours or more to proof, depending on complexity.

Contract / Hard Copy Proofs

A contract proof is a hard-copy proof that is intended to closely match press output, and is available at additional cost for projects where color match is more critical. Because contract proofs are not electronic files, they must be shipped to you for approval, and you must ship them back to us before we can proceed with your project. Most contract proofs are printed and shipped the same or next business day. Contract proofs for Catalogs and Magazines over 16 pages will ship the within 3 business days.

For projects where color match is critical, the only guaranteed proofing method is a contract proof. Your approval of either an electronic proof or contract proof is a binding agreement between you and Hillview DPM that your project is correct, and ready to print. All contract proofs are property of Hillview DPM and therefore must be returned before your project can begin production. If you would like a copy of the proof for your records, you will need to purchase it at the time the original proofs are printed.

All printed materials are manufactured according to industry standard ink and colorant densities. Exact match to electronic proofing methods is not always possible. Hillview DPM is not liable for color matching or ink density on electronic proofs approved by customers. Electronic proofs will predict design layout, text accuracy, image proportion and placement, but not color match or density.

Hillview DPM uses state-of-the-art, high-quality reproduction equipment and techniques. We do our best to match gradient densities of each color to ensure quality results. However, color perception is very subjective, and Hillview DPM is not liable for the final appearance of printed colors.

The application of a coating or varnish may affect or change the appearance of the printed colors. Hillview DPM is not liable for the final color appearance of coated or varnished products.

Hillview DPM uses group-run offset printing methods whenever possible. Under certain conditions, we reserve the right to manufacture some products using digital printing technology. Aqueous coating is not currently available for all digitally printed products. Please go to our Digital Printing (www.hillviewdpmportal.com) page for more information on our digital printing capabilities.

CUSTOMER-SUPPLIED ARTWORK OR GRAPHICS FILES

All customer-supplied files, including artwork, layouts, and images must be in CMYK color mode. Hillview DPM is not responsible for color shifts that result in conversions from RGB or other color spaces to CMYK.

Hillview DPM is not liable for errors in a final product caused by any of the following, including, but not limited to:

Misspelling, Graphics, Bleeds, Grammar, Damaged Fonts, Digital Artifacts that are Not Visible on Screen, Punctuation, Wrong Cuts, Incorrect or Missing Folds, Incorrect back up of supplied file(s), Finished Product Size, or any errors resulting from a failure to read and comply with information provided in our Frequently Asked Questions (FAQ) and File Preparation Guide sections of the Hillview DPM website.

All customer-supplied files, including artwork, layouts, and images must be at least 200 dpi minimum resolution for printing at size specified in the file. Printing that requires enlargement will only be guaranteed if the file is error free and Vector Format. Hillview DPM is not responsible for poor reproduction quality of customer-supplied images that do not meet the stated resolution standards.

Original customer-supplied artwork files and any associated customer-supplied transport or storage media will remain the property of the customer. Hillview DPM will retain these files and storage media supplied by the customer for one month after job shipment. If requested, Hillview DPM will provide estimated cost to return these materials to the customer.

REFUNDS AND CREDITS (TOTAL SATISFACTION GUARANTEE)

Hillview DPM stands behind its work, and we guarantee that you will be completely satisfied with the quality of your printed piece, or we will reprint your order at no additional charge or refund the printed product purchase price, subject to the following:

• Our Total Satisfaction Guarantee does not apply to shipping claims (see RETURN and SHIPPING policies below).
• Our Total Satisfaction Guarantee is limited to reprinting of the original order (with original artwork).
• Claims for defects, damages or shortages must be made in writing within a period of ten (10) business days after delivery. Failure to make such claim within the stated period shall constitute irrevocable acceptance and an admission that they fully comply with terms, conditions, and specifications.
• In the event of a return, you must return 100 percent of the original order, at your cost, before a reprint can be completed.
• Any charges related to expediting printing (rush) or shipping are non-refundable.
• Hillview DPM liability shall be limited to stated product price of any defective goods, and shall in no event include special or consequential damages, including profits (or profits lost).
• Our Total Satisfaction Guarantee does not cover the cost of mailing services or postage.
• Our Total Satisfaction Guarantee does not apply to any issues that directly result from the quality or arrangement of files/art you provide as evident on the proof you approve.
• No refunds or credits will be issued for logo design, photography, and/or graphic design services.
• No refunds or credits will be issued if an error occurs as a result of incorrect data preparation or file manipulation on the files received from the customer.
  

DEFINITIONS OF QUALITY

All printed materials are manufactured according to industry standard ink and colorant densities. Exact match to electronic proofing methods is not always possible. Hillview DPM is not liable for color matching or ink density on electronic proofs approved by customers. Electronic proofs will predict design layout, text accuracy, image proportion and placement, but not color match or density.

Hillview DPM uses state-of-the-art, high-quality reproduction equipment and techniques. We do our best to match gradient densities of each color to ensure quality results. However, color perception is very subjective, and Hillview DPM is not liable for the final appearance of printed colors.

Please note that when printing on uncoated paper, we cannot guarantee color match due to the tendency of uncoated papers to absorb more ink than our coated papers. Coated papers will generally yield a superior result for projects that require moderate or heavy ink coverage. Some projects can be printed on C1S (Coated 1 Side) paper stocks. The same issues apply to the uncoated side of a C1S that apply to any uncoated paper. Also, C1S stocks tend to be more prone to paper curl than stocks that are coated on both sides. We are not responsible for paper curl that occurs when printing on C1S papers.

Please note that there are a limited number of paper specifications that are published by paper manufacturers. These include brightness, caliper (thickness), and for text weight papers, opacity. Hillview DPM guarantees that all of our standard papers will have a brightness between 88 and 96, and that our standard text weight papers will have an opacity between 90 and 97. We will also guarantee that the caliper or thickness of our standard papers will measure within +/- 10 percent of the manufacturer-supplied specification.

Although we guarantee that our standard papers will meet the above specifications, because of pricing and availability issues, we cannot guarantee that the exact same brand paper will be used from one project to another. However, we will always source our papers from the same stable, reliable vendors. Paper manufacturers may also change the specifications of their papers at any time without notice.

Hillview DPM is not liable for errors in a final product caused by any of the following, including, but not limited to:

Misspelling, Graphics, Bleeds, Grammar, Damaged Fonts, Digital Artifacts that are Not Visible on Screen, Punctuation, Wrong Cuts, Incorrect or Missing Folds, Incorrect back up of supplied file(s), Finished Product Size, or any errors resulting from a failure to read and comply with information provided in our Frequently Asked Questions (FAQ) and File Preparation Guide sections of the Hillview DPM website.

All customer-supplied files, including artwork, layouts, and images must be at least 200 dpi minimum resolution for printing at size specified in the file. Printing that requires enlargement will only be guaranteed if the file is error free and Vector Format. Hillview DPM is not responsible for poor reproduction quality of customer-supplied images that do not meet the stated resolution standards.

Hillview DPM allows for ± 1/16” tolerance for each bindery function.

Hillview DPM makes every effort to package final products so that they are not damaged in shipment. Sometimes, however, these precautions do not protect the shipped product because of the way the boxes are handled by the shipper. Therefore, Hillview DPM does not guarantee against damage that is caused by the shipper, though we will assist in placing claims for those damages.

OVERS AND UNDERS

In most cases, we will ship you exact or a slightly higher quantity than you ordered, at no additional charge. Sometimes, we may ship a slightly smaller quantity than you ordered. Printing industry trade standards allow for overage or underage of up to 10 percent. If you will be sending your print order to a mailing processor or need a guaranteed quantity, we suggest that you order at least 5 percent over the minimum quantity you need.

We digitally weigh all orders that leave our facilities to ensure that the correct number of pieces are delivered to our customers, or to outside mail processors. We are not responsible for errors, waste, or spoilage that occurs at outside operations such as mail processors or other bindery operations.

RETURN POLICY

You must notify Hillview DPM of any defects discovered in the ordered product within ten (10) business days of order acceptance or receipt of the product. In order to receive replacement, you must return (at your own expense) 100 percent of the received product within 30 calendar days from the time when the ordered product delivery was taken.



All charges related to expedited delivery (Rush Printing or Shipping) are non-refundable, including those charges related to orders that are returned for any reason.

TURNAROUND DEFINITION AND GUARANTEE

Definition of Turnaround: Turnaround is the actual time it takes from when you approve your proof, or special materials are received (including custom stocks, PMS inks, etc), to when the job is ready for shipping/delivery. Shipping time and USPS delivery time are not included in the overall turnaround time. Actual delivery date depends on the shipping method chosen or on the USPS for jobs that are mailed. Please note that selecting the “Mail” option will typically add days to the overall turnaround time.

Weekends and observed holidays are not counted towards turnaround. Time required for photography, design services, also does not count towards turnaround.

Hillview DPM is not responsible for production delays caused by errors in customer-supplied files.

Turnaround Guarantee: Once you have approved your proof(s) and any special materials are received (applicable in custom jobs), we guarantee our turnaround.

SHIPPING, DELIVERY, AND TRANSFER OF TITLE

Hillview DPM will always act to make sure that any production difficulties do not delay delivery schedules. In no case shall Hillview DPM be liable for any consequential or damages resulting from any delay in shipment or delivery.

Hillview DPM will always act to make sure that delivery schedules are met. However, unexpected equipment failure, malfunction, and/or technical problems may delay the manufacturing process. In case of delay caused by technical difficulty, rush charges/fees may be refunded, waived, or otherwise credited on a prorated basis where applicable, at our sole discretion. However, technical difficulty will not be grounds for order cancellation.

You agree not to hold Hillview DPM liable for delays in shipments caused by weather conditions, shipping company delays, international customs issues, or any other circumstances beyond Hillview DPM’s direct control. Hillview DPM shipment and delivery dates are calculated based upon estimates provided by the shippers.

You agree that the shipping terms for all products are FOB (Free on Board) Shipping Point and ownership transfers from Hillview DPM to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the Shipper. Hillview DPM is not responsible for delays, errors, damage, or losses that occur as a result of the shipping process.

Loss or damage claims can only be filed for orders over $50.00 US in value and can only be filed after 30 days from shipment.

When a shipment is not delivered due to an error made by the customer in submitting the proper shipping address, Hillview DPM will reship the package with the corrected address and charge you for any additional applicable fees and shipping charges.



Hillview DPM is not liable for any United States Postal Service errors, including delay, loss, or failure to deliver.

For products that are provided to the customer in an electronic format, the customer agrees that delivery of such product(s) shall be deemed to have occurred either (a) at the time we transmit the product via email or other electronic transmission or (b) at the time we transmit a notification that the product is available for downloading from one of our servers.

MAIL LISTS

Any purchased lists are available for 90 days after the purchase is completed. Once the list has expired, it must be reordered to ensure the accuracy of the data. It is important to note that even the most up-to-date lists are not infallible. Common events such as moving, marriage, divorce and death can change who is counted on a mailing list at any time. It is due to such changes that we cannot guarantee 100 percent list accuracy. For those reasons and many others, there may be a percentage of mail that is undeliverable and/or may be returned.

Hillview DPM sources mailing lists from compilers that scrub their lists against the Do-Not-Call and Do-Not-Mail registries to ensure that the lists they purvey are compliant with all privacy laws and statutes at both the state and federal levels.

For Terms and Conditions regarding our www.hillviewdpmportal.com website, please see here: