Welcome to Proforma Add-a-line, accessible at https://proformaaddaline.com. Before you utilize our services, please read these Terms and Conditions (“Terms”) carefully. They govern your access to and use of our services, and by accessing or using our services, you agree to comply with these Terms.
Interpretation and Definitions
Interpretation
Words with the initial letter capitalized have defined meanings under the following conditions. These definitions shall apply equally to their singular and plural forms.
Definitions
For the purposes of these Terms:
- “Affiliate” refers to an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
- “Country” refers to: Ohio, United States.
- “Company” (referred to as either “the Company,” “We,” “Us,” or “Our” in this Agreement) refers to Proforma Add-a-line, 1207 Findlay Road, Lima, Ohio 45801.
- “Device” means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
- “Service” refers to the Website.
- “Terms and Conditions” (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- “Third-party Social Media Service” means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the Service.
- “Website” refers to Proforma Add-a-line, accessible from https://proformaaddaline.com.
- “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
By accessing or using the Service, you signify your agreement to these Terms. If you do not agree with any part of these Terms, you should not use our Services.
You affirm that you are more than 18 years of age. The Company does not permit those under 18 to use the Service.
Marketing Communications Consent
By agreeing to these Terms, you specifically consent to receive marketing emails from us regarding our products, services, and offers. You may withdraw this consent at any time by following the unsubscribe link in any marketing email we send.
Privacy Policy
Your use of the Service is also conditioned on your acceptance of our Privacy Policy, which describes our practices regarding the collection, use, and disclosure of your personal information.
Links to Other Websites
Our Service may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third party.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason.
Limitation of Liability
To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Service.
“AS IS” and “AS AVAILABLE” Disclaimer
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the Country, without regard to its conflict of law provisions.
Changes to These Terms and Conditions
We reserve the right to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
Contact Us
If you have any questions about these Terms, please contact us via email at info@proformaaddaline.com or by phone at 419.224.8747.
This revised version aims to be more concise and user-friendly, ensuring that the provision for marketing communications is clearly stated. Ensure you adjust the placeholders (e.g., [Your Company Name], [Your Website URL], etc.) with your actual company and contact information. It’s also recommended to have your legal team review these Terms to ensure they comply with all relevant laws and regulations, including those concerning digital marketing and privacy.
User
do i need both a terms of use and privacy policy?
GPT
Yes, having both a Terms of Use (also known as Terms and Conditions) and a Privacy Policy for your online business, especially in sectors like print, promotional, and apparel, is not only best practice but often a legal requirement. Here’s why both are crucial:
Terms of Use (Terms and Conditions)
Legal Framework: Your Terms of Use establish the legal agreement between your company and its users or customers. This document outlines the rules and guidelines that users must follow to use your website, app, or services. It can protect your intellectual property, limit your liability in cases of misuse, and set the legal jurisdiction for resolving disputes.
User Guidelines: It defines what is considered acceptable use of your website and services, what happens in case of an account ban or service misuse, and can include payment terms if you sell goods or services online.
Dispute Resolution: Specifies how disputes will be handled, potentially saving you from costly litigation by preferring arbitration or specifying the jurisdiction for legal disputes.
Privacy Policy
Legal Compliance: In many jurisdictions, including the European Union (with GDPR), the United States (with various state laws like CCPA in California), and many other countries around the world, having a Privacy Policy is a legal requirement if you collect personal data from users. This includes basic information such as names, email addresses, and payment information.
User Trust and Transparency: A Privacy Policy communicates to your users how you collect, use, store, and protect their personal data. Being transparent about your data practices builds trust with your customers, which is invaluable in any sector, especially in direct-to-consumer businesses like print, promotional, and apparel.
Third-party Requirements: Many third-party services, including Google Analytics, Facebook advertising, and payment processors, require you to have a Privacy Policy in place to use their services. This is to ensure that their platforms are also compliant with privacy laws.
Integration of Terms and Privacy Policy
While both documents serve different purposes, they often reference each other. For instance, your Terms of Use may mention your data handling practices briefly and then link to your Privacy Policy for more detailed information. Together, they form the cornerstone of your website’s legal protection and compliance.
Implementation
Accessibility: Ensure both documents are easy to find on your website—common practices include links in the website footer or within the signup flow for your service.
Consent: Especially for the Privacy Policy, make sure you obtain explicit consent from users where required by law. This can be as simple as a checkbox (not pre-checked) that users click to agree to your terms and Privacy Policy when signing up for services, making purchases, or subscribing to newsletters.
Updates: Regularly review and update both documents to reflect changes in your business practices or in response to new legal requirements. Notify users of significant changes, especially to your Privacy Policy.
In conclusion, both a Terms of Use and a Privacy Policy are essential for protecting your business legally, maintaining transparency and trust with your users, and ensuring compliance with international and local laws.
