Terms & Conditions

Please Read Carefully Our Terms

Acceptance of Terms

DigiLink, Inc. (“DigiLink, Inc.”) and its suppliers and designees provide this site (www.digilink-inc.com) and the site-related services, (collectively, the “Site”) subject to your compliance with the terms and conditions set forth below (the “Agreement”). By using the Site, you are acknowledging that you agree to be bound by all of the terms and conditions as stated.

Changes to the Site

We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

Registration

To submit orders you must register with our Site. In doing so, you represent and warrant that you are at least 13 years of age and the information contained therein is truthful and accurate. Your willful provision of inaccurate or unreliable information shall constitute a material breach of this Agreement and be a basis for termination. During the registration process, you will specify your email address and a password (your “Login Credentials”). You are solely responsible in all respects for all use of and for protecting the confidentiality of your Login Credentials. You agree to notify DigiLink, Inc. immediately of any unauthorized use of your Login Credentials and any other suspected breach of security regarding the Site. You are responsible for changing your password if you believe your password has been stolen or might otherwise be misused. DigiLink, Inc. has no duty or obligation to verify the identity of a customer and may assume, without independent investigation, that any person who logs on to this Site through your password does so with your consent and approval.

User Conduct

You are solely responsible for the content and context of any materials you post or submit through the Site. You warrant and agree that while using the Site, you shall not upload, post, transmit, distribute or otherwise publish through the Site any materials which: (a) are unlawful, threatening, harassing or profane; (b) restrict or inhibit any other user from using or enjoying the Site; (c) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; or (d) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact.

Suspension, Termination

If you violate any of the terms in this Agreement, DigiLink, Inc. may suspend or terminate your use of the Site.

Proofs

If requested, an online proof will be available for your review after we have received your file upload. Actual time will vary depending on our current workload. No job will be sent to press without your approval unless waived. It is the customer’s responsibility to log in to their account and check on their proof. We are not liable for delays in the order caused by customer’s non-approval of the proof.

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. Neither do they show 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, punctuation or image placement. Customer is fully responsible for all that is contained in the final approved proof.

DigiLink, Inc. 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 customer when the print order is made. Hard copy proofs are printed on a substrate different from the actual paper stock and while it’s main purpose is to show color, variations may occur depending on the finish selected (AQ, matte, UV) for the final print job. We do not offer hard copy proofs for art that would 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 published cut-off times. We will make every effort to match colors in production when a hard copy proof is requested. However, it is the customer’s responsibility to determine if they need a hard copy proof when ordering.

Shipping

Unless you choose Mailing Services, you need to select a shipping option presented to you on the Site. All shipping is currently done via UPS. When choosing a shipping option, please remember that the estimated shipping transit time is based on the number of business days in transit and does not include weekends, holidays or the day the package is picked up by the carrier. For instance, a product shipped 2nd Day Air and picked up on a Thursday would be delivered by end of day Monday.

Shipping transit times vary, and DigiLink, Inc. 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 delivery service, the breakdown of equipment, illness, etc.
DigiLink, Inc.’s responsibility is limited to preparing your printing order and turning it over to the carrier for shipping. DigiLink, Inc. is not liable for damages which occur during shipping.

We cannot ship to P.O. Boxes or APO/FPO. Complaints — All complaints must be registered with in 24 hours of receipt of job

Mailing Services

Customer’s mailing list(s), while in the possession of DigiLink, Inc. is the exclusive property of the customer and shall be used only with customer’s instructions. Customer’s mailing list(s) will not be sold or offered for use to any other party, and DigiLink, Inc. will not utilize the list for any other purpose. All mailing delivery dates are estimates, not guarantees. DigiLink, Inc.’s responsibility is limited to preparing your mailing and completing delivery to the U.S. Postal Service (“USPS”). DigiLink, Inc.’s responsibility ends when the job is delivered to the US Postal Service Business Mail Entry Unit. In no event shall DigiLink, Inc. be liable for USPS performance failures or delivery delays. DigiLink, Inc. shall be liable to rectify printing and mailing errors only to the extent of re-mailing a correction or corrected job as soon as possible, and allowable damages shall be limited to the value of the printing work performed. In no case is DigiLink, Inc. liable for loss of business; incidental or consequential damages; or costs in excess of billing for services related to the specific job. The customer will defend and hold DigiLink, Inc. harmless in any suit or court action brought against by others for alleged damages, costs, expenses (including reasonable attorney’s fees), liabilities or losses resulting from circumstances where, acting as the customer’s agent, uses copy, photographs, or illustrations that are believed by others to be degrading, libelous or harmful to their reputations, images, or standing in the community or which in DigiLink, Inc. sole judgment is an infringement on a trademark, or trade name, or service mark, or copyright belonging to others, or in a suit or court action brought against for actions of the customer’s employees which may occur as a result of any mailing.

Void Where Prohibited

Although the Site is accessible worldwide, not all products or services discussed or referenced in or on the Site are available to all persons or in all geographic locations or jurisdictions. DigiLink, Inc. reserves the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires, at any time and in its sole discretion, and to limit the quantities of any such Product or service that it provides. Any offer for any Product or service made on the Site is VOID where prohibited.

Site Content and Intellectual Property

All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, software, music, sound and other files, and their selection and arrangement (the “Site Content”), are the proprietary property of DigiLink, Inc. or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without DigiLink, Inc. ‘s prior written permission, except that the foregoing does not apply to your own material that you legally upload to the Site.

All contents on the Site are: Copyright (c); 2016 DigiLink, Inc.. or its partners. All rights reserved. DigiLink, Inc. and the DigiLink, Inc. logo are trademarks of DigiLink, Inc. All other trademarks are property of their respective companies. All trademarks and registered trademarks are protected by U.S. and international trademark laws.

Nothing in this Agreement shall be construed as conferring any license or right to any DigiLink, Inc. intellectual property, including without limitation DigiLink, Inc.’s Print-On-Demand, printing, copying, duplication, collating, assembly, binding, storage, inventory, kitting, and delivery Services, whether by estoppel, implication or otherwise.

Privacy Policy

We care about the privacy of our users. Use of the Site is governed by our Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

Disclaimer of Warranty; Limitation of Liability

THE SITE (INCLUDING ANY CONTENT CONTAINED WITHIN IT), ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, AND ANY SOFTWARE PROVIDED BY DigiLink, Inc. OR ITS DESIGNEES FOR USE IN CONNECTION WITH THE SITE OR WITH THE PRODUCTS AND SERVICES DESCRIBED ON THE SITE (THE “SOFTWARE”), ARE PROVIDED ON AN “AS IS” BASIS.
DigiLink, Inc. does not guarantee the results of address verification. DigiLink, Inc. does not guarantee the shipping cost for International Shipping under our 100% satisfaction guarantee.

UNDER NO CIRCUMSTANCES SHALL DigiLink, Inc. OR ITS LICENSORS BE LIABLE TO YOU ON ACCOUNT OF (i) ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THE SITE, OR (ii) YOUR USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF DigiLink, Inc. OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM ANY PRODUCT OR SERVICE OFFERED OR SOLD THROUGH THE SITE, USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY GOODS, SERVICES, INFORMATION, OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL DigiLink, Inc.’s AGGREGATE LIABILITY, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, (i) ARISING FROM ANY ORDER MADE THROUGH THE SITE EXCEED THE TOTAL PRICE OF SUCH ORDER, or if (ii) ARISING OUT OF OR RELATED TO THE PREMIUM SERVICES EXCEED THE AMOUNTS ACTUALLY PAID FOR PREMIUM SERVICES DURING THE ONE-YEAR PERIOD IMMEDIATELY PRECEDING THE DATE THE CAUSE OF ACTION DEVELOPED.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply.

Indemnity

You agree to indemnify and hold DigiLink, Inc., its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with any material you upload to the Site, your use of the Site, your conduct in connection with the Site, or any violation of this Agreement or of any law or the rights of any third party. You agree to indemnify and hold DigiLink, Inc. harmless from any claims and to reimburse DigiLink, Inc. for any fees or expenses that may be assessed (a) as a result of a recipient’s address being incorrect, (b) if the package has to be returned to DigiLink, Inc. due to incorrect address information, and (c) if the package is requested to be re shipped. Any such fees and expenses will be assessed to your account. A request for Signature Release on any package authorizes DigiLink, Inc. to deliver your shipment without obtaining a signature and signifies your agreement to indemnify and hold harmless DigiLink, Inc. from any resulting actions.

Miscellaneous

Entire Agreement. These Terms & Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
Headings, Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Waiver and Severability of Terms. The failure of DigiLink, Inc. to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by DigiLink, Inc. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

Statute of Limitations. You and DigiLink, Inc. agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Some jurisdictions may prohibit the shortening of the time period in which a cause of action must be brought. In all such jurisdictions, the applicable time period shall be the minimum allowed by law.
Choice of Law and Forum. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, excluding its conflict of law provisions.

No Conflict. In the event, there is a conflict between the terms and conditions of this Agreement and any Order, the terms and conditions contained in this Agreement shall prevail.

Cancellation of an Order. You may cancel any order placed with DigiLink, Inc. provided that DigiLink, Inc. receives the cancellation prior to the shipment of your order. You agree that you will be responsible for all charges related to work performed by DigiLink, Inc. prior to the receipt of your cancellation, which will include the entire cost of your order (excluding shipping) in the event that DigiLink, Inc. has commenced production prior to the receipt of your cancellation. If You wish to cancel an order, please contact DigiLink, Inc. Customer Service.

Export Controls. You are responsible for complying with all applicable United States laws, rules and regulations relating to export compliance. Without limiting the generality of the foregoing, You shall ensure that all of your content or data is not subject to U.S. export controls, or, to the extent any such content or data is subject to export controls, You will so notify DigiLink, Inc. immediately and You will implement all necessary security and access measures required to comply with all applicable U.S. laws, rules and regulations. You further represent and warrant that You are not yourself subject to export restrictions imposed by any such laws, rules and regulations.

Use of Promotional Codes. DigiLink, Inc. may from time to time make promotional codes available to specific users for the purpose of providing certain discounts or other special offers. These codes have not been authorized by DigiLink, Inc. for general public use. By using a DigiLink, Inc. promotional code, You represent and warrant that You have been authorized by DigiLink, Inc. to utilize the promotional code. DigiLink, Inc. reserves the right to refuse all and any use of a promotional code for unauthorized use or other misuse. In addition, You understand that you will be charged for the cost of your order in the event that you have violated these conditions.

Career Opportunities

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Customer Letters

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At The Core

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