Terms & Conditions

This statement covers the terms of use for all users of this Site. The Site is owned and operated by Epson America, Inc. ("Epson"). All of the contents, including text, images, product descriptions, illustrations, design, software files and audio and video materials ("Materials"), contained in this Site are provided by Epson subject to your compliance with the terms and conditions set forth below. If you do not agree to the terms and provisions of this Legal Notice, you should not use the Site or download Materials from the Site.

This Site may only be used by UPS shippers in the U.S. whose primary purpose is to print labels, using the UPS system, for the shipper’s own packages, or as a label-printing service for other UPS shippers. By using this Site you warrant that you are an eligible shipper as described above.

Ownership of Materials

The Site and its Materials are owned by Epson and are copyrighted. You may not distribute, modify, reproduce or use any Materials, in whole or in part, without the prior written consent of Epson, except that you may download Materials for your non-commercial, personal use only, provided you keep intact all copyright and other proprietary notices.

Trademark Information

Epson is a wholly-owned subsidiary of Seiko Epson Corporation. EPSON, the EPSON logo, and the EPSON Exceed Your Vision logo are registered trademarks of Seiko Epson Corporation ("SEC"), registered in the U.S. and other countries. SEC and its affiliates, including Epson America, Inc., own many other trademarks and registered trademarks (the "Trademarks"). Any questions concerning Trademarks should be referred to Epson through the webmaster. For a partial list of U.S. Trademarks owned by Epson please review Trademark Information.Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks displayed on this Site without the written consent of Epson or such party that may own the Trademarks. The absence of a product or service name or logo attribution anywhere in the text of this Site does not constitute a waiver of any trademark or other intellectual property rights concerning that product or service name or logo. All other products and brand names are trademarks and/or registered trademarks of their respective companies. Epson disclaims any interest in those marks.

UPS, the UPS brandmark and the color brown are trademarks of United Parcel Service of America, Inc. All Rights Reserved.

Download

In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by Epson. Use of the Software is subject to the license terms in the Software License Agreement that accompanies the Software. Epson does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Epson retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

Third Party Companies and Products

The mention or offering of third party products, and the mention of third party companies and web sites on this Site constitutes neither an endorsement nor a recommendation. Epson makes no representations regarding the quality, safety or suitability of any products by third party companies. All licenses and warranties, if any, regarding third party products offered on the Site are made between you and the third party vendor. Links to third party web sites are provided solely as a convenience to you. Epson has no control over the contents of any other web site and makes no representation whatsoever regarding the content of any other web site. When you use these links, you will leave this Site. Epson does not endorse or have any responsibility for the content, information, products on the site or for materials and information contained in any third party web site.

Feedback and Information

Any feedback you provide at this Site, by electronic mail or otherwise, including data, questions, comments, suggestions or the like shall be deemed to be non-confidential and non-proprietary. Epson and its affiliates shall be free to use such information for any purpose on an unrestricted basis.

Disclaimer

THE SITE AND ITS MATERIALS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EPSON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. Epson does not warrant the accuracy and completeness of the Materials or services provided at this Site. Epson also does not warrant that any functions of the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes it available is free from viruses or other harmful components. Some jurisdictions may not allow the exclusion of an implied warranty so some of the above exclusions may not apply to you in all circumstances.

Limitation of Liability

IN NO EVENT WILL EPSON OR ITS AFFILIATES ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES THAT RESULT FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE, EVEN IF EPSON OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE SITE IS AT YOUR RISK. NEITHER EPSON NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OR YOUR ACCESS TO, OR USE OF, THE SITE. Some jurisdictions may not allow a limitation or exclusion on damages, so the above may not apply in all circumstances. In no event shall Epson's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including but not limited to negligence) or otherwise) exceed the amount paid by you, if any, for accessing this Site.

Jurisdictional Issues

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products and providing support to customers in the United States. Epson makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, including without limitations U.S. export laws and regulations. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such U.S. export prohibition list.

Miscellaneous

The terms herein shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. In the event that any of the provisions herein are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these terms shall otherwise remain in full force and effect. Prices, product descriptions and illustrations in this Site are subject to change without notice. Inventory of some items is limited to supply on hand.

For information about the use of any personally identifying information provided by you when you use this Site, please review our Privacy Policy.

Update of Terms and Conditions Herein

Epson may from time to time revise these Terms and Conditions by updating this posting. Please visit this page periodically to review the current Terms and Conditions because they are binding on you. Your continued use of the Site will mean you accept any changes.

Click here for Section 508 of the Rehabilitation Act.

Terms of Sale

Introduction

In these Terms of Sale, "Epson," "we" and "us" refer to Epson America, Inc., and "you" or “customer” refers to the purchaser.The term “Vendor” refers to Thermal Solutions International, Inc., which is a reseller of the Epson printers and ink cartridges purchased on this Site, and also the seller of Vendor’s own labels for use in the Epson printers.

This Site and the products offered on it may only be used by UPS shippers in the U.S. whose primary purpose is to print labels, using the UPS system, for the shipper’s own packages, or as a label-printing service for other UPS shippers. By using this Site and ordering products offered on it, you warrant that you are an eligible shipper as described above.

Prices, Payment and Shipment

The price for the products is as shown on the Site. Prices are exclusive of sales, use and similar taxes, which shall be paid by you if applicable.

If CTP funds have been designated as a payment method for your transaction, compliance with the terms and conditions of the UPS Customer Technology Program agreement will first be validated. This validation step will include confirmation whether funds from UPS are available and have been approved for the purchase and acquisition of the products ordered. If funds are available and cover the entire purchase price, the customer will not be charged. If there are no funds available, or if funds are available to cover only a portion of the price, then the customer will pay Vendor the amount not covered.

Payment by you must be done by payment card unless Vendor permits some other method. Vendor, and not Epson, is responsible for handling all payments by card.

All payments shall be made in U.S. Dollars.

Shipment of all orders is FOB Vendor’s facility.

Epson’s Limited Warranty, Exclusive Remedy and Maximum Liability

For its printers, Epson provides a limited warranty and extended service, as described in the documents at these links.

THE WARRANTY AND REMEDY PROVIDED IN THE LIMITED WARRANTY AND EXTENDED SERVICE DOCUMENTS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SOME LAWS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF THESE LAWS APPLY, THEN ALL EXPRESS AND IMPLIED WARRANTIES ARE LIMITED TO THE WARRANTY PERIOD IDENTIFIED IN THE DOCUMENTS. IN NO EVENT SHALL EPSON OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE AN EPSON PRODUCT, WHETHER RESULTING FROM BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY. IN NO EVENT SHALL EPSON OR ITS AFFILIATES BE LIABLE FOR DAMAGES OF ANY KIND IN EXCESS OF YOUR PURCHASE PRICE OF THE PRODUCT.

Epson makes no warranty whatsoever regarding Vendor’s labels or other products. You must look to Vendor’s own warranty for those products.

Indemnity

Epson shall defend and indemnify you from and against any third-party claim resulting from an actual or alleged infringement of any U.S. patent by any Epson product. You must notify Epson promptly of the claim and give Epson the sole right to conduct the defense and all negotiations for settlement. Epson may, in its sole discretion, defend against the claim, substitute other equivalent product, or repurchase the product at its depreciated value. The indemnity obligation in this section shall not apply to the extent the claim arises from or is related to a combination of the Epson product with any hardware or software not supplied by Epson, or unauthorized use or modification of the product. Except as stated in this section, Epson shall have no liability to you for intellectual property claims.

Governing Law and Jurisdiction

You agree that any dispute between us will be governed by the laws of the State of California without regard to its conflict of law principles. The sole jurisdiction and venue for any legal proceeding will be the appropriate federal or state court located in Los Angeles County, California.