Policies

Copyright 
The copyright in all material provided on this site ("Site") is held by Hamilton Direct (Cyclone Advertising, Inc. - d.b.a. Hamilton Direct; d.b.a. Hamilton Associates; d.b.a. M.O.S.T(c); d.b.a. Strategic Tele-Services) or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Hamilton Direct or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without Hamilton Direct's permission, "mirror" any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

U.S. Government Restricted Sites 
The materials on this Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Hamilton Direct's proprietary rights in them.

Notice: Acceptance of Term of Use 
Use of this Site is subject to certain Site Terms of Use , which constitute a legal agreement between you and Hamilton Direct. By using this Site, you acknowledge that you have read, understood, and agree to be bound by the Terms of Use. Please review the Site Terms of Use, and if you do not agree to the terms, do not use this Site.

Terms of Use
6. Preparatory Materials: Artwork, type, plates, negatives, positives, tapes, disks, and other items supplied by the provider shall remain the provider’s exclusive property.

7. Electronic Manuscripts/Images: It is the customer’s responsibility to maintain a copy of the original file. The provider is not responsible for accidental damage to media supplied by the customer or for the accuracy of furnished input or final input. Until digital input can be evaluated by the provider, no claims or promises are made about the provider’s ability to work with jobs submitted in digital format, and no liability is assumed for problems that may arise. Any additional translating, editing, or programming needed to utilize customer-supplied files will be charged at prevailing rates.

8. Alterations/Corrections: Customer alterations include all work performed in addition to the original specification. All such work will be charged at the provider’s current rates.

9. Prepress Proofs: The provider will submit prepress proofs along with original copy for the customer’s review and approval. Corrections will be returned to the provider on a “master set” marked “O.K.,” “O.K. With Corrections” or “Revised Proof Required” and signed by the customer. Until the master set is received, no additional work will be performed. The provider will not be responsible for undetected production errors if:
• Proofs are not required by the customer
• The work is printed per the customer’s O.K.
• Requests for changes are communicated verbally

10. Press Proofs: Press proofs will not be furnished unless they have been required in writing in the provider’s quotation. A press sheet can be submitted for the customer’s approval as long as the customer is present at the press during makeready. Any press adjustment or alterations/corrections made because of the customer’s delay or change will be charged at the provider’s current rates.

11. Color Proofing: Because of differences in equipment, paper, inks, and other conditions between color proofing and production pressroom operations, a reasonable variation in color between color proofs and the completed job is to be expected. When a variation of this kind occurs, it will be considered acceptable performance. 

12. Overruns/Underruns: Overruns or underruns will not exceed 10 percent of the quantity ordered. The provider will bill for the actual quantity delivered within this tolerance. If the customer requires a guaranteed quantity, the percentage of tolerance must be stated at the time of quotation.

13. Customer’s Property: The provider will only maintain fire and extended coverage on property belonging to the customer while the property is in the provider’s possession. The provider’s liability for such property will not exceed the amount recoverable from the insurance. Additional insurance coverage may be obtained if it is requested in writing and if the premium is paid to the provider.

14. Delivery: Unless otherwise specified, the price quoted is for a single shipment. Without storage, F.O.B. the provider’s platform. Proposals are based on continuous and uninterrupted delivery of the complete order. If the specifications state otherwise, the provider will charge accordingly at current rates. Charges for delivery of materials and supplies from the customer to the provider or from the customer’s supplier to the provider are not included in quotations unless specified. Title for finished work passes to the customer upon delivery to the carrier at the shipping point or upon mailing of invoices for the finished work or a portion thereof, whichever occurs first.

15. Production Schedules: Production schedules will be established and followed by both the customer and the provider. There will be no liability or penalty for delays due to a state of war, riot, civil disorder, fire, strikes, accidents, action of government or civil authority, acts of God, or other cases beyond the control of the provider. In such cases, schedules will be extended by an amount of time equal to the delay incurred.

16. Customer-Furnished Materials: Materials furnished by customers or their suppliers are verified by delivery tickets. The provider bears no responsibility for discrepancies between delivery tickets and actual counts. Customer supplied material must be delivered according to specifications furnished by the provider. These specifications will include correct weight, thickness, pick resistance, and other technical requirements. Artwork, film, color separations, special dies, tapes, disks, or other materials furnished by the customer must be usable by the provider without alteration or repair. Items not meeting this requirement will be repaired by the customer or by the provider at the provider’s current rates.

17. Outside Purchases: Unless otherwise agreed in writing, all outside purchases as requested or authorized by the customer, are chargeable.

18. Terms/Claims/Liens: Unless Payments is net 30 calendar days from date of invoice. Claims for defects, damage, or shortages must be made by the customer in writing no later than 10 calendar days after delivery. If no such claim is made, the provider and the customer will understand that the job has been accepted. By accepting the job, the customer acknowledges that the provider’s performance has fully satisfied all terms and conditions and specifications.

19. The Provider’s Liability will be limited to the quoted selling price of defective goods without additional charge for special or consequential damages. As security for payment of any sum due under the terms of an agreement, the provider has the right to hold and place a lien on all customer property in the provider’s possession. This right applies even if credit has been extended, notes have been accepted, trade acceptances have been made, or payment has been guaranteed. If payment is not made, the customer is liable for all collection costs incurred.

20. Liability: 
(1) Disclaimer of Express Warranties. The provider warrants that the work is as described in the purchase order. The customer understands that all sketches, copy, dummies and preparatory work shown to the customer are intended only to illustrate the general type and quality of the work. They are not intended to represent the actual work performed.

(2) Disclaimer of Implied Warranties. The Provider warrants only that the work will conform to the description contained in the purchase order. The provider’s maximum liability, whether by negligence, contract, or otherwise, will not exceed the return of the amount invoiced for the work in the dispute. Under no circumstances will the provider be liable for specific, individual, or consequential damages.

21.Indemnification: The customer agrees to protect the provider from economic loss and any other harmful consequences that might arise in connection with the work. This means the customer will hold the provider harmless and save, indemnify, and defend the provider against claims, demands, access, and proceedings on any and all grounds. This will apply regardless of responsibility for negligence.

(1) Copyrights. The customer also warrants that the subject matter to be printed is not copyrighted by a third party. The customer also recognizes that because subject matter does not have to bear a copyright notice to be protected by copyright law, absence of such notice does not necessarily assure a right to reproduce. The customer further warrants that no copyright notice has been removed from any material used in preparing the subject matter for reproduction. To support these warranties, the customer agrees to indemnity and hold the provider harmless for all liability, damages, and attorney fees that may be incurred in any legal action connected with copyright infringement involving the work produced or provided.

(2) Personal or Economic Rights. The customer also warrants that the work does not contain anything that is libelous or scandalous or anything that threatens anyone’s right to privacy or other personal or economic rights. The customer will, at the customer’s sole expense, promptly and thoroughly defend the provider in all legal actions on these grounds as long as the provider
• Promptly notifies the customer of legal action.
• Gives the customer reasonable time to undertake and conduct a defense.
The provider reserves the right to use its sole discretion in refusing to print anything the provider deems libelous, scandalous, improper, or infringing on copyright law.

22. Storage: The provider will retain intermediate material used until the related and product has been accepted by the customer. If requested by the customer, intermediate materials will be stored for an additional period at an additional charge. The provider is not liable for any loss or damage to stored material beyond what is recoverable by the provider’s fire and extended insurance coverage.

23. Taxes: All taxes and assessments levied by any governmental authority are the responsibility of the customer. All amounts due for taxes and assessments will be added to the customer’s invoice. No tax exemption will be granted unless the customer’s “Exemption Certificate” (or other official proof of exemption) accompanies the purchase order. If, after the customer has paid the invoice, it is determined that more tax is due, then the customer must promptly remit the required taxes to the tax authority or immediately reimburse the provider for any additional taxes paid.

24. Telecommunications: Unless otherwise agreed, the customer will pay for all transmission charges. The provider is not responsible for any errors, omissions, or extra costs resulting from faults in transmission.

25. Arbitration and Attorney Fees and Costs: If at the time during the term of this agreement any unresolvable dispute, difference or disagreement shall arise with respect hereto, or the meaning and construction hereof, every such dispute, difference and disagreement shall be referred to the American Arbitration Association, commercial-business disputes section, in Los Angeles, California, for resolution in accordance with their prevailing commercial rules of American Arbitration Association, and judgment upon the award rendered may be entered into the courts of the State of California. Additionally, the prevailing party shall be entitled to recover reasonable attorneys fees and costs from the other party in connection therewith. These fees, which may be set by the arbitrator(s) are in addition to any other relief to which the prevailing party may be entitled.

26. Entire Agreement: This agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject of this agreement. This agreement contains all of the covenants and agreements between he parties with acknowledges that no representations, inducements, promises, or agreements have been made by or on behalf of any party except those covenants and agreements embodied in this agreement. No agreement, statement, or promise not contained in this agreement shall be valid or binding.

27. Governing Law: The validity of this agreement and of any of its terms or provisions, as well as the rights and duties of the accordance with the laws of the State of California.

28. Assignment: The customer shall not assign this agreement or any portion thereof without the prior written consent of the provider first obtained. Any assignment by the customer that does not comply with this provision shall have no force or effect.

29. Acknowledgement: The parties acknowledge that this Agreement has been prepared through the joint effort of all parties and that any rules of construction or interpretation requiring the same to be construed in favor of the particular party are hereby waived.

30. Jurisdiction: All questions with respect to the construction of this agreement and the rights and liabilities of the parties hereto shall be governed by the laws of the State of California.

31. Severability of Agreement: If any term of this agreement is held by a court of competent jurisdiction to be void or unenforceable, the remainder of the contract terms shall remain in full force and effect and an shall not be affected.

32. Agreement Binding: This agreement shall be binding upon the heirs, executors, administrators, successors, assigns, and transferees of the parties.
The following are terms of a legal agreement between you and Hamilton Direct ("Alan Hamilton Industries, Inc. - d.b.a. Hamilton remain the provider’s exclusive property.