Brochure King – Terms of Usage

1. Acceptance of Terms

By accessing or using brochureking.com (the "Site") or placing an order by phone/email (each, an "Order"), you agree to these Terms of Usage ("Terms"), our Privacy Policy, and any service-specific guidelines we post. We may update these Terms at any time by posting a revised version on the Site. Continued use constitutes acceptance.

Electronic Communications

You consent to receive notices electronically (website posting or email to your account email). You may withdraw consent by contacting us; if you do, you must stop using the Site and your account.

2. Governing Law; Venue (NJ)

These Terms and all Orders are governed by the laws of the State of New Jersey, without regard to conflict-of-laws rules. Subject to the Arbitration section below, the exclusive venue for disputes not subject to arbitration is the state or federal courts located in Ocean County, New Jersey, and each party consents to personal jurisdiction there.

3. Accounts; Eligibility; Security

You must be 18+ and authorized to bind your business. You're responsible for the accuracy of your account info and for keeping credentials confidential. You're responsible for all activity under your account.

4. Orders; Quotes; Pricing; Changes

All Orders are subject to acceptance. Quotes are estimates and may change based on files/specs received. We'll notify you of price changes before charging. Production begins only after full payment (unless we've granted written terms).

Once an Order moves to In Production, no changes or cancellations are permitted (see §18 Cancellation).

5. Payment; Delinquency; Chargebacks

We accept the payment methods shown at checkout.

• If a card/ACH is declined, the Order will not proceed.
• Past-due balances accrue a finance charge of 2% per month (24% APR) or the maximum permitted by NJ law, whichever is lower.
• We may require advance payment for future Orders if your account is delinquent.

Chargebacks

If you dispute a valid charge, you agree to reimburse our reasonable costs (including bank and attorney's fees) if the dispute is resolved in our favor.

6. Taxes

We collect sales/use tax where required unless you provide a valid exemption certificate before we ship. You're responsible for any later-assessed tax, interest, or penalties.

7. Shipping; Title & Risk; Delivery Windows

FOB New Jersey (shipping point). Title and risk of loss pass to you when we deliver goods to the carrier. We will select a carrier or use your specified method. Transit times and "target arrival" dates are estimates only. We are not liable for carrier delays, weather, or other transit issues. Pick-ups unclaimed after 30 days may be recycled.

8. Force Majeure

We are not responsible for delays/failures caused by events beyond our reasonable control (e.g., material shortages, power outages, machinery breakdown, labor issues, acts of God, governmental actions, disruptions to carriers).

9. Artwork Files; Permissions; Prepress

You are 100% responsible for the content, accuracy, and legality of all submitted files and materials, and you represent that you have all necessary rights and permissions (licenses, model/property releases, etc.). Do not send irreplaceable originals. We may refuse any job we deem unlawful, infringing, or offensive.

Specifications

Follow our file specs (bleeds, safe zones, resolution, color space, fonts, overprint settings, transparencies, etc.). We are not responsible for issues arising from files that deviate from our specs.

10. Proofs & Approval

If provided, online proofs are for layout review only and are not color-accurate. Review all text, layout, crops, bleeds, and placement carefully.

Approval Required

We won't print until proof is approved (unless you opted into a proof bypass program).

Deemed Approval

If you take no action within 3 business days after we present a proof, it may be deemed approved and your Order will proceed.

Hard-Copy Proofs

(Optional, fee-based): provide a reasonable likeness of color but are printed on different stock; finish (AQ/matte/UV), coatings, and stock differences can cause variation. Not offered for certain uncoated stocks.

11. Color, Print, and Production Variances (Industry-Standard Tolerances)

Commercial printing involves inherent variances. By ordering, you agree the following do not constitute defects:

• Color Variance: Reasonable CMYK variance versus on-screen, RGB, or Pantone previews; reasonable variance between hard-copy proof and final run; coating/lamination effects on color.
• Trim/Die-Cut Tolerance: Up to ±1/16" (1.6 mm) trim variance; minor shift in folds/scores/perfs within standard tolerances.
• Finishing: Minor cracking on fold lines and spine; minimal roller/handling marks not visible at arm's length; slight banding/ghosting within normal process limits.
• Over/Under Runs: We may ship ±10% of ordered quantity. You will be billed/credited for the actual quantity at the per-unit rate if outside that band.
• Substrate Variation: Normal shade/texture/caliper variation within paper mill tolerances.

12. Mailing Services (If Applicable)

When we perform mailing:

• Our responsibility ends when the job is entered at the USPS Business Mail Entry Unit with proper documentation. USPS performance and delivery dates are beyond our control.
• Lists: Lists you provide remain your property; we use them only for your job. Rented lists (if any) are subject to the list provider's license. Undeliverables and returns are not our liability. Postage is non-refundable once tendered to USPS.

13. Optional Third-Party Tools & Links

We may provide integrations or links "as-is." We do not control third-party tools/sites and are not responsible for their performance, availability, or terms.

14. Intellectual Property; Site Content

All Site content, design tools, and templates are owned by Brochure King, Inc. or its licensors. You may not copy, distribute, or create derivative works except as expressly permitted.

Samples

We may display anonymous samples of your printed work (e.g., in our portfolio or sample packs) unless you opt out in writing before production. We will not use your material in national advertising without your prior written consent.

15. DMCA

If you believe content on our Site infringes your copyright, send a detailed notice to our designated agent (we'll provide address/email on our Legal page). We respond in accordance with the DMCA.

16. Returns, Claims & Remedies

Because products are custom, all sales are final.

Claims Window

Submit claims for defects, damage, or shortages within five (5) business days of delivery, with photos and a description. We may require return of the product for inspection.

Exclusive Remedy

If we confirm a manufacturing defect, our sole obligation is, at our option:

• reprint the affected item(s); or
• issue a credit/refund up to the price paid for the affected item(s).

We do not refund postage, rush fees, or third-party costs. No refunds for issues caused by file/setup errors, tolerances noted in §11, or mishandling after delivery.

17. Warranties; Disclaimer

EXCEPT AS EXPRESSLY SET OUT IN §16, THE SITE, SERVICES, AND PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY NEW JERSEY LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (for commercial/B2B customers).

18. Cancellation & Refunds

Orders may be cancelled only before they enter In Production:

• Orders < $100: no cancellation fee.
• $100–$500: $15 cancellation fee.
• $500+: 3.5% of order total.

Once In Production, the Order is non-cancelable and non-refundable (subject to §16).

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY NEW JERSEY LAW, BROCHURE KING WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, REPUTATION, OR BUSINESS INTERRUPTION. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO AN ORDER WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE AFFECTED ITEM(S).

This limitation does not apply to damages caused by our gross negligence or willful misconduct.

20. Indemnification (IP & Content)

You agree to defend, indemnify, and hold Brochure King and its affiliates, officers, and employees harmless from claims, damages, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your files/content (e.g., IP infringement, defamation, privacy/publicity violations); (b) your breach of these Terms; (c) your misuse of the Site or services; (d) your mailing list use.

21. Prohibited Conduct

No unlawful, infringing, defamatory, obscene, or harmful content; no viruses or malicious code; no scraping, automated access, or interference with Site operation; no impersonation or competitive intelligence harvesting.

22. Arbitration; Class Waiver (Commercial Parties)

Except for (i) small-claims matters eligible in NJ small-claims court and (ii) claims seeking injunctive relief for IP misuse, any dispute arising out of or relating to these Terms or any Order will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The Federal Arbitration Act applies.

• Location: Ocean County, New Jersey (or remote/virtual by agreement).
• Each party bears its own fees; arbitrator may award fees/costs to the prevailing party where permitted by law.
• Class/collective actions are waived; arbitration is on an individual, commercial basis only.
• This clause is intended for B2B transactions; if a dispute is deemed a covered consumer matter, this section will be applied only to the extent permitted by applicable law.

23. Attorney's Fees

In litigation or arbitration between the parties, the prevailing party is entitled to recover its reasonable attorneys' fees and costs, to the extent permitted by NJ law.

24. Termination; Suspension

We may suspend or terminate access for violations of these Terms or to protect the Site or customers. You may close your account at any time; accrued obligations survive.

25. Changes to the Site/Services

We may modify, suspend, or discontinue any feature, product, or price at any time.

26. Miscellaneous

Severability

If a provision is unenforceable, it will be limited or removed to the minimum extent necessary; the remainder remains in effect.

No Waiver

A failure to enforce is not a waiver.

Assignment

You may not assign without our written consent; we may assign to an affiliate or in a reorganization.

Survival

§§5–7, 9–23, and 26 survive termination/expiration.

Entire Agreement

These Terms + order-level specs + our Privacy Policy are the entire agreement.