Welcome to Xcel Label & Supplies ("Xcel, Xcel Label, LLC, we, us, our")
User (you, your) use of this Website ("Site"), registering at the Site, using its Content and Services or placing an order, is an agreement to and is subject to these Terms and Conditions and all additional terms, conditions, restrictions or rules posted within the Website. Xcel, in its sole discretion reserves the right to amend, modify, updated or delete the Content of this Website and these Terms and Conditions without notice. Your use of this Site is a voluntary act by you. To avoid being bound by these Terms and Conditions, you need to exit this Site immediately. Xcel grants Users a limited license to access and make use of this Website consistent with these Terms and Conditions and other Restrictions, Rules and sale documents and not to download or modify it. All Content included on this Website is the property of Xcel and/or its Providers and your limited license does not include any resale or commercial use of this Website. No part of this Website, the product or printing you receive or services offered herein may be duplicated or reproduced including by any mechanical, photographic or electronic process, nor may it be stored on an information retrieval system, transmitted or otherwise copied for public or private use, without the written permission of Xcel. As a condition of your use of certain services offered through this Website, you may be required to register an account with us and in doing so you must provide true, accurate, and current account information about User at all times. You agree to promptly update your registration information in order to keep it current, complete, and accurate. You agree that Xcel may provide all communication and notices to you electronically by posting on the Site or by email sent to the email address you provided in your registration. The Website and its services may only be used by persons who are 18 years of age or older. By accessing or using the Website, you represent and warrant that you are 18 years old or older and are of adequate legal age to create binding legal obligations for any liability you may incur as a result of your use of this Website. Even under the best circumstances and efforts, there are always predators attempting to hack users of the internet. Viruses, malware, trojans and other software can come from most every electronic device, systems and program accessing the Website and may already be embedded in your systems. Xcel takes this seriously and uses reasonable efforts on the Website to prevent the unwanted distribution or spread of information and/or computer security disruptions. Never-the- less, your use of this website is voluntary and as such you agree to accept the risk that is inherent with the use of the internet and this website and Xcel makes no representations and/or warranty concerning the safe use of the Website and protection of your systems and computers. You are solely responsible for protecting the security and confidentiality of your password and may not disclose your password to any other person. Should any user gain access to the password-protected area of the Website as a result of using your password or due to your acts or omissions, you agree that you are responsible for any such use and activity, We expressly reserve the right, at our sole discretion, to terminate a user's account or their access to any or all areas of the Website for any reason and in particular due to any act that would constitute a violation of these Terms & Conditions.
This Site contains graphics, photographs, images, software, typefaces, illustrations, maps, documents layouts, data messages, artwork, text, fonts, icons, software tools and other information (“Content”). You are solely responsible for the Content and context of any materials you Request (Order), receive, post or submit through the Website. You warrant and agree that you will not upload, post, transmit, download, distribute or otherwise publish through the Website any materials which: (i) are unlawful, harassing, threatening, offensive, sexual or profane; (ii) limit or inhibit any other user from using or enjoying the Website; (iii) constitute or encourage or facilitate conduct that would constitute a criminal offense or give rise to any civil liability, including copyright infringement and intellectual property rights; (iv) contain a virus or other harmful malicious code, or (v) contain any false or misleading indication of origin or statement of fact. Users may only use this Website to make legitimate Requests (Orders) to purchase the products or services offered (each, a "Request"), and shall not use this Website to make any speculative, false, fraudulent, or ill-intending Requests. Unless specifically permitted, in writing in advance, you may not use robots or other automated means to access this Website. It is a violation of law to place a Request in a false name or with an invalid credit card. Please be aware that, even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users may be prosecuted to the fullest extent of the law.
All Content included on this Website, including, but without limitation to, the information, software, audiovisual content, graphs, data, typefaces, maps, designs, icons, written and other material, content and compilations are intellectual property and copyrighted works of Xcel, its licensees, and/or various independent providers ("Provider(s)"). Reproduction or storage of Content retrieved from this Website, in all forms, media and technologies now existing or hereafter developed, is subject to the U.S. Copyright Act of 1976, Title 17 of the United States Code. Except where expressly provided otherwise by us, nothing made available to users via the Website may be construed to confer any license or ownership right in or materials published or otherwise made available through the Website or its services, whether by estoppel, implication, or otherwise. You may electronically copy and print in hard-copy portions of this Website for the sole purpose of using this Website as a shopping or printing resource. Any other use of materials or Content on this Website, including reproduction, copying, retention, distribution, publishing or other use, for a purpose other than that noted above, without our prior written consent, is prohibited. All rights not granted to you in the Terms & Conditions remain reserved by Xcel.
Xcel Label & Supplies, Xcel, Xcel Label, XCEL label, Xcellabel.com and any and all other marks appearing on this Website are trademarks of Xcel in the United States and other jurisdictions ("Trademarks"). You may not use, copy, reproduce, post, distribute, upload, republish, transmit, or modify the Trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without Xcel's prior written consent. The use of Trademarks on any other website or network computer environment is prohibited.
At times this Website may contain links to Provider's Websites or other websites that are not owned, operated or controlled by Xcel or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you may leave this Website. Neither Xcel nor any of its affiliates are responsible for any Content, materials, or other information located on or accessible from any Provider or other website. Neither Xcel nor any of its affiliates endorse, guarantee, or make any representations or warranties regarding any Providers and/or linked websites, or any Content, materials or other information located or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Website, you do so entirely at your own risk. Linking to our Website Running or displaying this Website or any material or content displayed on this Website in frames or through similar means on another website without Xcel's prior written permission is prohibited. Creating or maintaining any link from another website to any page on this Website without Xcel's prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rules and regulations.
XCEL MAKES NO EXPRESS WARRANTY OF ANY KIND, IN CONNECTION WITH THE WEBSITE, PRODUCT(S) AND SERVICE(S) PROVIDED TO USER UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANTY THAT THE WEBSITE WILL OPERATE WITHOUT ERRORS, OR THAT ANY OR ALL SYSTEM(S), PRODUCT(S) AND SERVICE(S) WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, OR OTHERWISE REQUIRED BY LAW, YOU AGREE THAT XCEL AND ALL COVERED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR BY REASON OF ANY SERVICE(S) OR PRODUCT(S) PROVIDED UNDER THIS AGREEMENT OR BY REASON OF YOUR USE OF OR ACCESS TO THE WEBSITE, INCLUDING LOSS OF PROFITS, OF REVENUE, OF DATA OR OF USE BY YOU OR ANY THIRD PARTY, WITHOUT LIMITATION WHETHER IN AN ACTION IN CONTRACT OR TORT OR BASED ON A WARRANTY. FURTHER, IN NO EVENT SHALL THE LIABILITY OF XCEL AND THE COVERED PARTIES EXCEED THE AMOUNTS PAID BY YOU FOR THE SERVICE(S) OR PRODUCT(S) PROVIDED TO YOU THROUGH THE WEBSITE. XCEL DOES NOT PROVIDE ANY WARRANTY FOR THE PRODUCTS, GOODS AND SERVICES IT SUPPLIES OR THE PRODUCTS, GOODS AND SERVICES PROVIDED BY PROVIDERS OR OTHER LINKED WEBSITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, INCLUDING ALL CONTENT, MATERIALS, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS AND PERFORMANCE FOR A PARTICULAR USE OR PURPOSE. XCEL DOES NOT WARRANT THAT THE WEBSITE OR THE FUNCTIONS, FEATURES, MATERIALS, INFORMATION OR CONTENT CONTAINED THEREIN WILL BE TIMELY, UNINTERRUPTED, SAFE, VIRUS FREE, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, TIMELY OR NOT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.
YOUR USE OF AND RELIANCE UPON ANY AND ALL INFORMATION, INCLUDING BUT NOT LIMITED TO THE CONTENT ON THIS WEBSITE IS AT YOUR OWN AND SOLE RISK. SUCH INFORMATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. XCEL MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF SUCH INFORMATION. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL XCEL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: THE USE OR PERFORMANCE OF THIS WEBSITE, WITH THE DELAY OR INABILITY TO USE THIS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT OR OTHERWISE, EVEN IF XCEL OR ANY OF ITS SUPPLIERS OR PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. USER AGREES THAT ANY DAMAGES THEY MAY SUSTAIN ARE LIMITED TO THE VAULE OF THE AMOUNT THEY PAID FOR THE MATERIALS REQUESTED OR RECEIVED OR IF THEY HAVE NO VAULE, TO THE AMOUNT PAID BY USER FOR USE OF THE WEBSITE FOR ONE YEAR. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR WEBSITE.
You agree to defend, indemnify and hold harmless, Xcel, its employees, members, officers, directors, agents, affiliated companies, subcontractors, Providers, third party vendors, successors and assigns (the “Covered Parties”) from and against any and all claims, costs, damages, and expenses, including attorneys' fees, arising from or related to (A) your use of and your User Conduct on the Website, including any computer disruption caused by your use, (B) your breach of the Terms & Conditions, (C) your dispute with another user, (D) the unauthorized access to any password-protected area of the Website using your password, and (E) any image or content being reproduced as part of your order. If using the Website on behalf of a Third Party, you agree to defend, indemnify and hold harmless the Covered Parties as described on behalf of yourself and any Third Party.
If you use this Website to submit Requests for or on behalf of any party other than as shown on your registration ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use as well as for any Request submitted, including related fees, charges and performance obligations. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Website, including but not limited to all rules and restrictions applicable thereto. User Comments, Feedback and Other Submissions You acknowledge and agree that any comments, feedback, suggestions and ideas offered, submitted or disclosed to a Covered Party in connection with your use of this Website (collectively, "Comments"), shall become and remain the exclusive property of Xcel. No Covered Party is under any obligation to maintain your Comments (and the use of your first name and first initial of your last name with any comments) in confidence, nor to pay to you any compensation for any Comments submitted, nor to respond to any of your Comments. You agree you will be solely responsible for the content of any Comments you make. The Comments may be used by a Covered Party in any medium and for any purpose worldwide, without compensation or obtaining your specific consent; you relinquish all rights to such Comments.
Xcel reserves the right to terminate your Account and access to the Website and its Content and Services at any time. Termination by Xcel may include removal of access to the Content and/or Services, deletion of your password, deletion of all information and files related to your use, the deletion of Content associated with your Account (or any part thereof), and other steps intended to bar your further use of the Website and its Services. If you become dissatisfied with the Website, your sole and exclusive remedy is to immediately discontinue use of the Site.
Xcel reserves the right, at its sole discretion, from time to time, at any time or at its convenience, to change, modify or otherwise alter these Terms and Conditions and any Restrictions and Rules. You agree that we may modify the Terms and Conditions, Restrictions and Rules and such modifications shall be effective immediately. Xcel will try to update the "LAST UPDATED" date at the top with any such modifications. You agree to review these Terms and Conditions, Restrictions and Rules periodically to be aware of any changes. Continued access or use of the Website following such posting shall be deemed conclusive evidence of your review and acceptance of the modified Terms and Conditions, Restrictions and Rules. Changes to the Website We reserve the right, for any reason, in our sole discretion, to terminate, modify, suspend or remove any aspect of the Website including but not limited to Content, Services, prices, features, or hours of availability. We may impose limits on certain features of the Website or restrict your access to any part, or all of the Website without notice or penalty. You agree that Xcel will not be liable to you or to any Third Party for any such limitation, modification, change, suspension or discontinuance of the Website.
Payment
All prices and amounts shown on this Website are in U.S. Dollars (USD), unless otherwise stated. All prices set forth on the Website and stated herein are subject to change and modification at any time and for any reason without notice and payment amounts and other terms may be subject to additional agreements between User and Xcel. Changes in market conditions, increases in delivery cost and fluctuations in the market may require us to adjust our prices on select items from time to time. In the event there is a price change, the price to be applied to User's Request/Order will be the price in effect at the time full payment is received. If User submits a Request/Order on the Website to purchase Content, labels, printed products, design services, printing services, or other products or services, User agrees that all charges, taxes and shipping/handling fees will automatically be charged to the credit card of record or paid by the User with an approved payment method. Xcel requires each Request/Order placed thru the Website be fully paid, including shipping and handling fees, if applicable, before an order is processed. Xcel will not begin fulfilling or working on an order until full payment is received. Once a Request/Order has been submitted online on this Website and it has been sent to production for completion, the order is locked and no changes are allowed to the Request/Order. After an order is locked, it is In Production and the entire amount of the order along with applicable taxes and shipping/handling and postage fees shall be deemed fully owed and non- refundable, except as provided for in the Return & Refund Policy. Additional Service Fees, List Purchase and USPS Postal Costs are non-refundable. When a Request/Order does not reach the In Production or shipment phase, due to no fault of Xcel (e.g. User fails to respond to approval of proof/print job, User fails to provide information to complete the print job or shipment, User otherwise fails to cancel his or her order), any payment received from the User shall be used to pay for the order and is non-refundable at a rate of twenty percent (20%) for each calendar month that passed after the date of the User's initial submission.
Xcel desires to provide all our customers with the best possible experience and products. If you are not satisfied with the quality of your Request/Order, please promptly contact our customer Quality Assurance department by calling our toll-free number (1-888-206-3711) or by email at info@ship-labels.com. All defects / order issues must be reported to Xcel within 5 days of receiving the order. Xcel refunds are made as house credit toward future products or orders. Determination of order defects is at the discretion of Xcel. User will be requested to submit digital photos to document the claimed defects. In some cases, User will be required to ship defective product(s) back to Quality Assurance at their own expense and in an agreed upon reasonable time frame. In cases where the order is required to be shipped back to Quality Assurance at User expense, Xcel may reimburse User for shipping if a defect is determined to exist. Any charges related to expedited orders, such as rush printing or shipping, are non-refundable for defective products unless UPS fails to deliver an order. Turnaround time and shipping options for reprinted orders varies due to available production capacity and are at Xcel's discretion. Direct mail services are not subject to the above stated standard return policies and will be evaluated on a case-by-case basis for potential refunds or reprints. All policies are subject to change without prior notification.
At your request, once Xcel has received your files, an online proof will be available for your review. Actual process time will vary depending on the current workload. Request/Orders with proof requests will not be sent to press without your approval unless such approval is explicitly waived. Should you not approve your proof in a timely manner, we may print it as scheduled “as is” and are thereby not responsible for final quality or accuracy of the product. It is the User's responsibility to log in to their account and check on their proof. We are not liable for delays in the order caused by User's non-approval of the proof. We do reserve the right to, at our discretion, make minor changes to the proof and product as needed for the quality of printing. An online proof is by no means an accurate color reproduction of your final printed piece but is the final opportunity for you to check the layout, bleeds, crops and final text. Electronic proofs do not show transparency and over print issues, nor color change from RGB or Pantone to CMYK. The proof must be treated as independent from the original submitted file and thoroughly reviewed prior to approval. It should be checked against the original file for possible errors in layout, copy, spacing, spelling, punctuation or image placement. User is completely responsible for all that is contained in the final approved proof. If requested, Xcel offers hard copy proofs which show reasonable likeness to the final printed pieces. Such proofs are recommended for color-critical art and must be requested by the User when the order is made. Hard copy proofs are printed on a different substrate from the actual paper stock and while its main purpose is to show color, variations may occur depending on the finish selected (AQ, matte, UV) for the final print job. Hard copy proofs are not available on jobs to be printed on uncoated paper. The request for a hard copy proof will involve an additional fee and would extend the amount of time needed to complete the job. For orders where a hard copy proof has been requested, the approval must be received by us on or before our stated cut-off times. We will make every effort to match colors in production when a hard copy proof is requested. However, it is the User's responsibility to determine if they need a hard copy proof with their print order. Cancellation An order may not be canceled once it is locked ("In Production"). If the order is still in the preflight or proofing stage, it may be canceled subject to the following fees, when applicable:
Xcel will reproduce color from submitted print-ready files as closely as possible, but cannot guarantee an exact match in color and color density. Because of inherent limitations with the printing process, accuracy of color reproduction is not guaranteed. We will try our best to match the gradient density of each color, but we accept no responsibility for color variations between submitted files and the final printed piece. Under no circumstances will a reprint be offered for color variations that have occurred during the printing process. We are not liable for color matching or ink density on digital proofs that you approve. Digital proofs will predict design layout, text accuracy, image proportion and placement, but not color or density.
No Liability for Errors
Xcel is not responsible/liable for errors in a final product caused by any of the following reasons:
While the prepress department may attempt to check all submitted artwork files prior to printing, you are still 100% responsible for the accuracy of your print-ready artwork files; we encourage you to proofread all files carefully before submitting them to us. We are not responsible for any issues as to orientation or alignment of the pages of your submitted artwork. By submitting the artwork to us in connection with your use of the Website, you further certify that you have the right to use the image(s) in your artwork files. DO NOT send any "one-of-kind" transparencies, prints or artwork. Although we take every precaution to safeguard your materials, we are NOT responsible for loss of or damage to images or artwork. Under these Terms and Conditions, you agree that you will NOT upload any artwork files consisting of the following material: offensive, nudity, indecent or improper material, any material that could give rise to any civil or criminal liability under applicable law; and any material that could infringe rights of privacy, copyrights, publicity, or other intellectual property rights without the permission of the owner(s) of these rights and the persons who are shown in the material, if applicable. We intend to refuse an order based on the foregoing reasons or for any other reason which in our opinion may be illegal in nature or infringe on any persons rights. However, you are always responsible for what you submit and you accept full legal liability and agree to Indemnify Xcel and all Covered Parties for the content of materials processed and printed on your behalf and under your instructions. We reserve the right to refuse an order without disclosing a reason. Xcel may also provide artwork design tools which offer a limited number of elements, including icons, fonts, color schemes, and design effects. We reserve the right to use and offer all such elements to other Users and parties in the future. Other Users of the Website may use the same design tools to create images that may have similar or identical combinations of these elements. We provide no warranty of any kind that artwork created using the design tool will not infringe, or be subject to a claim of infringing, on the trademark, copyright or other rights of another party. It is your sole responsibility to obtain the advice of an attorney regarding whether any image, mark, logo name or design is legally available for your use and does not infringe on another party's rights. You are always responsible and accept for legal liability and agree to Indemnify Xcel and all Covered Parties for the content of materials created and/or printed on your behalf. Based on our sole discretion, we may set limits to the maximum number of days that we shall retain designs or other uploaded files, as well as the maximum storage space that we would allocate to such files. We are not responsible for the deletion or failure to store any file whether uploaded or designed on our Website. We reserve the right to delete any file stored which has been inactive for an extended period of time (determined at Xcel's discretion), or for any other reason, without prior notice.
Printing turnaround time begins after we have received your print-ready files, along with approval or waiver thereof for your proof, and full payment for your Request/Order. If you have chosen to waive your proof approval, printing turnaround time begins after we have received your print-ready files and full payment for your Request/Order. For Request/Orders that do not have complete digital source files, or have files that are not print-ready, printing turnaround time will begin once we receive acceptable print-ready files regardless of when payment was made. Request/Orders must be paid, print-ready files received, and proofs approved by 12:00 Noon CST, for printing turnaround time to begin the next business day. Please note that there is no production or shipping on Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating printing turnaround time. In addition, while Printing turnaround time includes printing, cutting, and binding, it does not include design, mailing, or shipping transit times. You should allow additional business days for delivery based on the shipping method you selected. The estimated printing turnaround time stated on this Website is based on the typical number of hours or days that a print job is completed under normal circumstances, excluding Saturdays, Sundays, and Holidays. We will not be responsible for shipping-related costs on orders that do not go out by the due date.
turnaround time begins after we have received the order along with full payment for your Request/Order. Blank labels typically are inventoried items and usually ship within 2-3 business days when you place your order before the production cut off times. Non-label items may take up to 5-7 working days or longer to produce and ship. Please note that there is no production or shipping on Saturdays, Sundays and Holidays. As a result, these days are not considered when calculating production turnaround time. In addition, while production turnaround times includes manufacturing, they do not include shipping transit times. You should allow additional business days for delivery based on the shipping method you selected. The estimated production turnaround time stated on this Website is based on the typical number of hours or days that a product is completed under normal circumstances, excluding Saturdays, Sundays, and Holidays. Xcel will not be responsible for shipping-related costs on orders that do not go out by the expected ship date.
Xcel offers USPS and UPS shipping options, as well as a Local Pick-Up option on the Site. Other freight carrier options may be provided on a case-by-case basis to you for larger orders. When ordering a product from the Site, please keep in mind that all turnaround options do not include shipping transit time. Shipping transit times are different for every shipping option and carrier chosen. UPS and Fedex both work on standard business days (Monday-Friday), and do not deliver on Saturday (unless Saturday delivery is specified) or Sunday. Please do not include the day that your package ships when calculating delivery days in transit. It is the customer's responsibility to acknowledge and understand this when choosing a shipping method and carrier option. Shipping times vary, and Xcel assumes no responsibility for delays caused by shipping carriers, weather, or any damages resulting from the failure to receive a job on time. Your order may arrive late due to unforeseen delays in service, the breakdown of equipment, etc. Xcel's responsibility is limited to processing and preparing your order and providing it to your chosen shipping carrier. The risk of loss for items purchased, passes to User/Purchaser upon delivery to shipper.
Target arrival dates are calculated by adding the printing or production turnaround time to the shipping transit time. Both printing/production and shipping times are based on business days only and do not include weekends or holidays. For example, a product with a printing or production turnaround time of two business days and a shipping method of Two Day service would have a target arrival date of four business days after your files have been sent to production. The cut off time for accepting printing files is 12:00 Noon CST. If we receive print-ready files, proof approval, full payment and have successfully validated your delivery address by that time, under normal circumstances we will print and ship your product within the selected timeframe. If you have requested a Hardcopy Proof, factor in approximately six more business days to receive and approve your proof. For Next Day Hardcopy Proof, factor in an additional two business days. Please understand that target arrival dates are estimates, not guarantees. We assume no responsibility for delays caused by shipping carriers, weather, the breakdown of equipment, illness, etc.
Xcel charges sales tax on orders picked-up from or shipped to addresses in accordance with state and local regulations unless you are tax exempt. If you are tax exempt, you need to send or fax to us your tax exemption certificate. If, after the User has paid the invoice, it is determined that more tax is due, then the User must promptly remit the required taxes to the taxing authority or immediately reimburse the provider for any additional taxes paid. User agrees that taxes will be automatically charged to the credit card of record.
We may offer certain promotional codes, referral codes or similar promotional coupons ("Promotional Codes") that may be redeemed for discounts, or other features or benefits related to Xcel, subject to any additional terms that we may establish. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (d) may be disabled or have additional conditions applied to them by us at any time for any reason without liability to us; (e) may only be used pursuant to the specific terms that we establish for such Promotional Code; (f) are not valid for cash or other credits or points offered by Xcel; (g) may not be combined with any other offers or promotions; and (h) may expire prior to your use.
The captions in these Terms and Conditions are solely for convenience and do not, in any way, limit or otherwise entirely define the terms and provisions of these Terms and Conditions. None of the Covered Parties are responsible for any errors or delays in responding to a Request or for technical problems beyond their control. If any provision of the Terms and Conditions is held to be invalid or unenforceable by a court of competent jurisdiction, then such provision shall be enforced only to the extent possible so as to give affect to the intent of the Terms and Conditions and the remainder of the Terms and Conditions shall continue in full force and effect. The failure by Xcel to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to Xcel or the Website or the Terms and Conditions must commence within one (1) year after the cause of action arose; otherwise, such cause of action is immediately and permanently barred. All provisions in the Terms and Conditions regarding representations and warranties, disclaimers, indemnification, and limitation of liability shall survive the termination of the Terms and Conditions.
These Terms and Conditions, and all Additional Terms, Conditions, Restrictions or Rules posted within the Website, constitute the entire agreement (collectively, the "Agreement") between you and Xcel relating to the use of the Website and supersede any prior understandings or agreements (whether oral or written) regarding the use of the Website, and may be amended or modified by Xcel without doing so in writing to you or by Xcel posting such amendments or modifications on this Website.
You agree that the laws of the State of Missouri, USA shall govern these Terms and Conditions, Restrictions and Rules and your use of the Website, without regard to such state's conflicts of laws principles. User agrees that any legal action will be brought in the Circuit Court of Platte County, Missouri.
User agrees that a breach of these Terms and Conditions will cause irreparable injury to Xcel for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies we may have hereunder or at law without a bond, other security or proof of damages.
Except as explicitly stated otherwise, any notices shall be given by email to Xcel Label at info@ship-labels.com and to you at the email address you provided in your registration. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified by User that the email address is invalid.
