Legal Information
Last Updated: May 13th, 2019
TERMS OF SERVICE
DESCRIPTION OF SERVICE
This Site is controlled and operated by SPM-3D LLC. (“SPM-3D”) from its offices located in Newark, New Jersey, United States. This Terms of Service Agreement (“Agreement”) is between SPM-3D and the user identified on the Purchase Order that specifically references this Agreement (“Customer”), and describes the terms that apply to the specified request to 3D SPM-3D (“Quote” or “Purchase Order”). SPM=3D provides a secure Additive Manufacturing Service (“Service”) and Part Deliverables (“Part” or “Parts”) to a Customer who uploads a three-dimensional object in the form of a part file (“STL” or “OBJ” file types). SPM-3D uses various additive technologies, 3D printing equipment and machinery to produce Customer Parts directly from the supplied part files (“3D Print” or “3D Printing”) submitted at the time the order was placed.
SUMMARY
SPM-3D is an additive manufacturing service that allows users to submit their part files securely through a website to be 3D printed.
AGREEMENT TO TERMS
SUMMARY
By using SPM-3D.com, you’re agreeing to these terms.
CHANGES TO TERMS
SPM-3D may revise this Agreement at any time by updating this page. If the alterations constitute a material change to this Agreement, SPM-3D will notify you by posting an announcement on the Site or by email correspondence. What constitutes a material change will be determined at SPM-3Ds’ sole discretion. If you choose to use this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms of Service to which you are bound.
SUMMARY
These terms can change. Please visit this page and review the terms for any updates, especially before you place an order to 3D print parts.
ACCESS TO SERVICE
Access to the Services are void where prohibited. The Services are intended solely for users who are 13 years of age or older. Registration by, or access to Service by anyone under 13 is unauthorized and violates this agreement. Your access to and use of the Site and our Services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside of our control. SPM-3D reserves the right to suspend or discontinue the availability of the Site, any Service and to remove any Parts at any time at its sole discretion and without prior notice. SPM-3D may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your Parts and you are directed to retain your own copies of all your part files posted on the Site.
SUMMARY
You have to be at least 13 years old to access our service.
It’s unlikely, but sometimes things can go wrong and our service may be interrupted.
NO MATERIAL REPRESENTATIONS
SPM-3D makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of New York and User consents to the exclusive jurisdiction and venue in state or federal courts located in New York, NY.
SUMMARY
We can’t guarantee that our service and materials are allowed in your area, so we ask that you do this to be sure and abide by your local laws.
UNDERSTANDING
Regardless of whether this Agreement is made with an invitation to bargain, an estimate, or an acceptance of Customer’s Parts, this Agreement constitutes the entire understanding between both parties with respect to the subject matter of this Agreement, and supersedes all other agreements, whether written or oral. This Agreement and SPM-3Ds acceptance of Customer’s order for Services and Parts is expressly limited to, and expressly made conditional on, Customer’s acceptance of the terms of this Agreement, and SPM-3D hereby objects to any different or additional terms, including any such different or additional terms in Customer’s purchase order, acknowledgement, or other documentation or communications relating to the subject matter of this Agreement without written consent and approval. The term “this Agreement,” whenever used in this Agreement, means, collectively, this Terms of Service Agreement and the Customer’s Purchase Order unless the context clearly states otherwise.
SUMMARY
The terms on this page take priority over any other previously agreed terms. Both sides agree to these terms, unless otherwise stated in writing and authorized.
CUSTOMER CONSENT
Customer hereby consents to this Agreement being formed electronically or otherwise without the need for a signature by either Customer or SPM-3D. A printed version of this Agreement and a printed version of any notice in connection with this Agreement given by SPM-3D in electronic form is admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by SPM-3D.
SUMMARY
You accept the terms of this agreement electronically as a legal document.
PRICING AND PAYMENT
Due to the Part geometry, size of Customer Parts, quantity of Parts in the Purchase Order and materials selected, Customer’s Part pricing can change and be unique to that Customer. Pricing terms contained in the Purchase Order are confidential, and Customer shall not disclose them to any non-employees other than its attorneys, accountants, and other professional advisors who are subject to a contractual or generally recognized legal or fiduciary obligation to maintain the confidentiality of those pricing terms.
Customer shall pay all applicable charges for the Services in accordance with the pricing, amounts, and payment terms stated in the Purchase Order. If no payment terms are stated in the Purchase Order, the payment terms are payment in advance of shipment. If any government taxing authority imposes a tax, duty, levy, or fee, excluding those based on SPM-3D’ net income, upon any Services or Parts supplied by SPM-3D under this Agreement, Customer shall pay that amount as specified in the applicable Purchase Order or SPM-3D’ invoice or supply SPM-3D with tax exemption documentation (e.g., a resale certificate) in which case SPM-3D will not collect the taxes covered by that exemption documentation.
If Customer pays with a credit card or a debit card (“Credit Card”) for amounts payable under the Purchase Order, SPM-3D will bill Customer’s credit card for those amounts. Customer shall provide SPM-3D with accurate and complete billing information, including Customer’s name, address, telephone number, and valid credit card information, and shall promptly notify SPM-3D of any changes in that information. Customer acknowledges that the agreement between Customer and the applicable credit card issuer governs Customer’s use of Customer’s credit card for payment of amounts owed to SPM-3D, including Customer’s rights and obligations as a holder of that card. If SPM-3D does not receive payment from Customer’s credit card issuer, upon demand Customer shall pay the overdue amount by other means acceptable to SPM-3D. SPM-3D may accept other forms of payment, and if SPM-3D invoices Customer for amounts payable under the Purchase Order, Customer shall pay the amount indicated in each invoice by the due date reflected on that invoice.
Customer shall make all payments in U.S. Dollars without offset. All purchases are non-refundable, non-returnable, and cannot be exchanged.
If Customer fails to pay in accordance with this Agreement, in addition to any other remedies available, SPM-3D may charge daily interest from the original due date at the maximum rate amount permissible by Law, suspend the Customer’s account of Services and Parts, or both. Customer shall reimburse SPM-3D for all reasonable expenses incurred by SPM-3D in collecting past due amounts, including wire transfer fees, collection agency fees, reasonable attorneys’ fees, and court costs.
SUMMARY
Your pricing terms might be special, please don’t share them publicly or publish them online.
If you submit an order for parts, then you agree to pay the prices on that order and authorize us to charge your credit card on your behalf.
We only accept US Dollars and can impose a late fee if your payment is not collected within a timely manner.
Orders are non-refundable.
SUMMARY
When you submit an order, you accept the responsibility to pay for all the parts within that order.
Please don’t submit orders for illegal items, firearms or weapons of any kind. We will not print them.
PART DELIVERABLES
If SPM-3D provides Customer a test Part for Customer’s approval and Customer approves that test Part, Customer will be deemed to accept upon receipt all Parts that are of a standard of quality at least as high as the test Part approved by Customer.
Customer is solely responsible for ensuring their Parts comply with any applicable Laws and voluntary industry standards maintained by ISO, ASTM, ASME, and other similar bodies, including those Laws and standards applicable to consumer and product safety, and Customer acknowledges that SPM-3D will not test Parts for such compliance, unless agreed upon by SPM-3D at the request and payment of the Customer. In this Agreement, “Laws” mean laws, statutes, regulations, rules, executive orders, conventions, and other legally binding official releases of or by any government body, in each case as then in effect.
SUMMARY
If a customer approves a sample part before production, then all other parts will meet that same expectation.
We don’t test every part for dimensional accuracy, unless you request us to and are willing to pay for inspection services.
DELIVERY
Except as otherwise provided in the Purchase Order, (1) shipping dates provided by SPM-3D are estimates only and are conditioned on Customer’s timely provision of the applicable Part files (if specified in the Purchase Order) and all necessary shipping and other information and (2) SPM-3D may make delivery in installments, in which case SPM-3D may separately invoice Customer for each installment and Customer shall pay each such invoice without regard to subsequent deliveries. SPM-3D shall use reasonable commercial efforts to meet estimated or requested shipment dates, but SPM-3D is not liable to Customer for any late shipments.
Customer assumes risk of loss and the expense and responsibility for insuring, loss of, or damage to that Parts during and after delivery, and any claims for loss or damage to Parts in transit must be made to the carrier or Customer’s insurer and not to SPM-3D.
SUMMARY
We try to be as accurate as possible, but shipping dates are estimates provided to us by our freight carriers.
The customer assumes the risk of shipping their parts and is required to pay for insurance and file damage claims.
PART INSPECTION
Customer shall inspect Parts within three business days after receipt (“Inspection Period”) and either accept, or if any Parts do not conform to its applicable specifications as stated on the Purchase Order, reject those Parts. Customer will be deemed to have accepted the Parts unless Customer notifies SPM-3D in writing of any Parts that don’t conform to specification before the end of the Inspection Period and promptly furnishes such written evidence or other documentation as reasonably required by SPM-3D.
If Customer timely notifies SPM-3D of any non-conforming Parts and provides all information SPM-3D reasonably requested to evaluate Customer’s claim (such as photographs of the allegedly non-conforming issues), SPM-3D reasonably determines that the Parts are non-conforming, SPM-3D shall do one of the following: (1) replace the non-conforming Parts with a conforming Part, or (2) refund the price paid for the non-conforming Parts, together with all shipping expenses incurred by Customer in connection with the delivery of those non-conforming Parts to Customer. SPM-3D shall issue refunds to the credit card or other payment method Customer used to place the Purchase Order. It normally takes financial institutions five to ten business days to post a refund transaction.
SUMMARY
You have 3 business days to inspect your parts and let us know if there are any issues.
If there are any issues, we’ll either replace the parts or can issue you a refund for those parts.
INDEMNIFICATION
In addition to any other remedies available to SPM-3D, Customer shall indemnify SPM-3D against all reasonably foreseeable losses and liabilities arising out of Customer Parts or the use, performance, display, or distribution of the Parts, including those losses and liabilities that arise from Customer’s failure to obtain any licenses or approvals required and claims that one or more Customer Parts are libelous or directly or indirectly infringe any publicity, privacy, or intellectual property rights of another person.
SUMMARY
We can’t be held responsible or liable for damages that your part may cause.
INDEMNIFICATION
In addition to any other remedies available to SPM-3D, Customer shall indemnify SPM-3D against all reasonably foreseeable losses and liabilities arising out of Customer Parts or the use, performance, display, or distribution of the Parts, including those losses and liabilities that arise from Customer’s failure to obtain any licenses or approvals required and claims that one or more Customer Parts are libelous or directly or indirectly infringe any publicity, privacy, or intellectual property rights of another person.
SUMMARY
We can’t be held responsible or liable for damages that your part may cause.
LIMIT OF LIABILITY
To the fullest extent permitted by Law, SPM-3D’ entire liability for all claims in the aggregate arising out of this Agreement will not exceed the amount of any actual direct damages up to the greater of $1,000 or the charges (if recurring, up to a maximum of 12 months’ charges) actually paid by Customer under the Purchase Order, regardless of the basis of the claim and regardless of whether any remedy provided by SPM-3D fails of its essential purpose. SPM-3D will not be liable for any claims by other Persons against Customer for losses or damages or for special, incidental, or consequential damages (including lost profits or savings), even if they are informed of their possibility. Customer acknowledges that the charges stated in this Agreement reflect the allocation of risk under this Agreement and that SPM-3D would not have entered into this Agreement without these limits on its liability.
SUMMARY
We have limited liability and don’t take responsibility for your parts in any way.
AMENDMENTS AND WAIVERS
SUMMARY
No amendments to this agreement will be accepted unless both parties agree and sign a waiver.
SEVERABILITY
SUMMARY
If a section of this agreement isn’t valid, then the rest of the agreement still is.
GOVERNING LAW
SUMMARY
We’re from New York. If there’s an issue, that’s where we’ll handle it.
DISPUTE RESOLUTION
Applicability of Arbitration Agreement. As the exclusive means of initiating adversarial proceedings to resolve any dispute arising out of this Agreement or the subject matter of this Agreement, a party may demand that any such dispute be resolved by arbitration administered by JAMS, an established alternative dispute resolution provider, rather than in court, and each party hereby consents to any such dispute being so resolved, except that (1) Customer may assert claims in small claims court if Customer’s claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) Customer or SPM-3D may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
If Customer agrees to arbitration with SPM-3D, Customer is agreeing in advance that Customer shall not participate in or seek to recover monetary or other relief in any lawsuit filed against SPM-3D alleging class, collective, and/or representative claims on Customer’s behalf. Instead, by agreeing to arbitration, Customer shall bring Customer’s claims against SPM-3D in an individual arbitration proceeding only. If successful on those claims, Customer could be awarded money or other relief by an arbitrator. Customer acknowledges that Customer has been advised that Customer may consult with an attorney in deciding whether to accept this Agreement, including this Arbitration Agreement.
SUMMARY
If an issues arises, we want to do our best to solve the problem amicably. Rather than create a complicated legal problem, we would prefer to use a mediator to help resolve the matter as quickly and efficiently as possible.
ASSIGNMENT
Customer shall not assign any part of Customer’s rights or delegate any part of Customer’s obligations under this Agreement without SPM-3D’ prior written approval, except that Customer may assign Customer’s entire rights and delegate Customer’s entire obligations under this Agreement by notifying SPM-3D in instances in which that assignment and delegation is to a Person that controls, is controlled by, or is under common control with Customer or a Person (other than a direct competitor of SPM-3D) that acquires all or substantially all of Customer’s business, whether by merger, consolidation, or sale of assets, stock or other ownership interest. Any purported assignment or delegation in breach of this section will be void. SPM-3D may assign its rights and delegate its obligations under this Agreement.
SUMMARY
We’ll always respect your rights, just let us know if anything regarding them has changed on your end.
PUBLICITY
A party shall obtain the other party’s written consent before publicly using any advertising, written sales promotion, press releases, or other publicity matters relating to this Agreement or in which the other party’s name is used or could reasonably be inferred, except (1) for SPM-3D’ promotional and marketing rights with respect to certain Parts under Purchase Order, and (2) SPM-3D may refer to Customer and a factual description of the Services provided under this Agreement and reproduce, publicly display, and otherwise use one or more Customer’s logos in one press release announcing Customer as a SPM-3D customer and in SPM-3D’ list of references, promotional materials (including on PrintParts.com), internal business planning documents, annual report to stockholders, or as otherwise required by Law or to comply with generally accepted accounting principles.
When you check “I agree” to opt-in to the creation of social media campaigns and marketing content during checkout, you’re acknowledging and approving the use of your intellectual property rights to create marketing content and collateral that will be shared publicly , internally for strategic and planning purposes or externally to our affiliates, partners, shareholders or any other third-party that SPM-3D conducts business with.
SUMMARY
We expect that you’ll ask us before using any of our intellectual property publicly. We will do the same for you.
During the checkout process, you can agree to let us post your parts on social media and in marketing materials.
NOTIFICATIONS
SPM-3D may use information provided by Customer to send Customer information about SPM-3D or SPM-3D’ products and services unless Customer unsubscribes from those notifications.
SUMMARY
We’ll shoot you emails to keep you updated on the status of your order or send you special offers.
NOTICES
Except as otherwise provided in this Agreement, for a notice or other communication under this Agreement to be valid, it must be in writing and the sending party must use one of the following methods of delivery: (1) personal delivery; (2) nationally recognized overnight courier (for example, Federal Express), with all fees prepaid; and (3) registered or certified mail, in each case return receipt requested and postage prepaid.
For a notice or other communication under this Agreement to be valid, it must be addressed: (1) if to SPM-3D, to SPM-3D Inc., 142 Lafayette ave, Newark NJ 07105, Attention: Communications, (or to any other address designated by SPM-3D in a notice in accordance with this section); and (2) if to Customer, to the address for Customer stated on the Purchase Order or otherwise supplied by Customer.
SUMMARY
Formal notices should be mailed directly to our office.
INDEPENDENT PARTIES
SUMMARY
We’re here to act as a manufacturing resource. That’s it.
PRIVACY POLICY
GENERAL
SUMMARY
This is our company’s Privacy Policy.
PERSONAL INFORMATION
SUMMARY
To create an account and submit an order, we’ll need to collect some personal information.
AUTO-GENERATED INFORMATION
SPM-3D also collects “Automatically Generated Information” about your behavior during your use of the Service. This information may include IP addresses, type of browser, browser settings, date and time, what features your use and for how long and other information regarding your use of the Service. We may also collect this information by using a digital “cookie” or “cookies” in accordance with the section below.
SUMMARY
We collect auto-generated info to monitor and increase the performance of the website.
COOKIES
SUMMARY
We store cookies on your computer to improve the customer experience. Please don’t eat them.
WHO WE SHARE WITH
SUMMARY
We only share your info if it’s required to process your order.
THIRD PARTY SITES
You may arrive at the Website from another website that is integrated with the Services using the SPM-3D API or through a “SPM-3D link. SPM-3D has no power over the websites of third parties to which you are linked to or from. It may therefore be the case that a different privacy policy is applicable for the use of these websites of third parties. This Privacy Statement only relates to information collected through the Services at SPM-3D. We do not accept any responsibility or liability for (the operation and/or contents of) websites of third parties.
SUMMARY
This privacy policy only applies to us.
SECURITY
We recognize our responsibility to protect the information you entrust to us. SPM-3D implements appropriate technical and organizational measures to secure your personal information against loss or against any form of unlawful processing.
SUMMARY
We take security seriously.
INFORMATION CHOICES
SUMMARY
You can unsubscribe from our marketing emails, but we’ll still send you order notifications and account updates.
CHANGES TO PRIVACY POLICY
SUMMARY
We’ll update our policies to stay current.
CONTACT US
We welcome your comments or questions about this privacy policy. You may contact us at: contact @ spm-3d.com
