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Dufault Publishing Terms of Service
These Terms of Service ("Terms") govern your access to and use of the Dufault Publishing website ("Website"), products, services, software, communications, and related offerings (collectively, the "Services").
By accessing this Website, requesting a quote, placing an order, uploading content, or using any of our Services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our website or services.
1. About Dufault Publishing
Dufault Publishing is a Minnesota-based company providing yearbook publishing, graduation products, and related services to schools, organizations, parents, and students throughout the United States.
Our Services may include:
Additional products and services may be added from time to time.
2. Eligibility
You may use our Services only if you are legally able to enter into a binding agreement.
If you are using our Services on behalf of a school, school district, business, organization, or other legal entity, you represent that you have authority to bind that entity to these Terms.
Parents or legal guardians who purchase products for students agree to these Terms on behalf of themselves and the student involved in the purchase.
3. Changes to These Terms
We may revise these Terms from time to time to reflect changes in our business, technology, legal requirements, or Services.
Updated Terms become effective when posted on our Website unless otherwise noted.
Continued use of the Website or Services after revised Terms are posted constitutes acceptance of the updated Terms.
4. Our Services
Dufault Publishing provides products and services including, but not limited to:
Certain Services may be provided directly by Dufault Publishing, while others may involve trusted third-party vendors or technology partners.
Availability of products and Services may vary by school, location, season, or production schedule.
5. Quotes and Pricing
Quotes provided by Dufault Publishing are estimates based upon the information available at the time they are prepared.
Final pricing may change if any of the following occur:
Unless otherwise stated, quotes remain valid for thirty (30) days.
6. Orders
An order is considered accepted only after Dufault Publishing confirms acceptance.
We reserve the right to refuse or cancel any order for reasons including:
If payment has already been received for a cancelled order, we will refund any amount due.
7. Payment Terms
Payment terms may vary by customer, school district, purchase agreement, or individual order.
Unless otherwise agreed in writing:
Late payments may result in delayed production, shipment, or additional fees where permitted by law.
8. Customer Content
Many of our Services require customers to submit content including:
You retain ownership of your original content.
By submitting content to Dufault Publishing, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify (only as reasonably necessary for production), print, distribute, and reproduce that content solely for the purpose of fulfilling your order and providing our Services.
You represent and warrant that:
You remain solely responsible for all submitted content.
9. Copyright Responsibility
Schools, organizations, and customers are responsible for ensuring they possess all necessary rights to:
Dufault Publishing is not responsible for verifying ownership of submitted materials.
We reserve the right to reject any content that appears to violate copyright or other intellectual property rights.
10. Page Approval
Customers are responsible for carefully reviewing all page’s before approving production.
Approval indicates acceptance of:
Once final approval has been provided and production has begun, changes may no longer be possible or may result in additional charges.
Errors approved during the proofing process are the responsibility of the customer.
11. Production Timelines
Estimated production schedules are provided as a courtesy and are based on the information available at the time an order is placed.
Production schedules may be affected by:
Dufault Publishing will make every reasonable effort to meet agreed production schedules but does not guarantee specific production or delivery dates unless expressly stated in writing.
12. Shipping and Delivery
Shipping dates provided by Dufault Publishing are estimates.
Once products have been delivered to the shipping carrier, risk of loss transfers to the customer unless otherwise required by law.
Customers are responsible for providing accurate shipping information.
Additional shipping charges may apply for:
Dufault Publishing is not responsible for delays caused by shipping carriers, weather, customs, labor disputes, or other events outside our control.
13. Inspection of Products
Customers should inspect all products promptly upon delivery.
Any claims involving:
must be reported within 30 daysof delivery.
Failure to notify Dufault Publishing within this period may limit available remedies.
14. Returns and Reprints
Because yearbooks, graduation products, and other personalized items are custom manufactured, they generally cannot be returned for refund unless:
If a manufacturing defect is confirmed, Dufault Publishing may, at its discretion:
Requests for reprints should be submitted within 90 days of delivery.
Normal variations in color, paper, trimming, binding, or image reproduction are inherent in commercial printing and do not constitute manufacturing defects.
15. Software and Third-Party Design Platforms
Dufault Publishing supports multiple methods for creating yearbooks and printed products.
Customers may choose to use:
Customers are responsible for ensuring submitted files meet required production specifications.
Dufault Publishing is not responsible for design errors, formatting problems, font substitutions, missing linked images, or production issues resulting from improperly prepared files.
16. Website Use
You agree to use our Website only for lawful purposes.
You may not:
We reserve the right to suspend or terminate access for violations of these Terms.
17. Intellectual Property
Unless otherwise indicated, all Website content is owned by Dufault Publishing or its licensors, including:
These materials are protected by United States copyright, trademark, and other intellectual property laws.
No portion of the Website may be copied, reproduced, modified, distributed, or republished without prior written permission from Dufault Publishing.
18. Customer Accounts
Certain Services may require you to create an account.
You agree to:
You are responsible for all activity occurring under your account.
19. Privacy
Your use of the Website is also governed by our Privacy Policy, which explains how we collect, use, and protect personal information.
By using our Website, you consent to the practices described in our Privacy Policy.
20. Third-Party Services
Our Website may contain links to third-party websites, payment processors, software providers, or other services.
Dufault Publishing does not control these third parties and is not responsible for:
Your use of third-party services is governed by their own terms and policies.
21. Disclaimer of Warranties
Except where prohibited by law, all Services and products are provided "as is" and "as available."
Dufault Publishing disclaims all warranties, whether express or implied, including but not limited to:
We do not guarantee uninterrupted operation of the Website or that Services will be error-free.
22. Limitation of Liability
To the fullest extent permitted by law, Dufault Publishing shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from:
Our total liability arising from any claim relating to our Services shall not exceed the amount paid by the customer for the product or service giving rise to the claim.
Some jurisdictions do not allow certain limitations of liability, so portions of this section may not apply.
23. Indemnification
You agree to indemnify, defend, and hold harmless Dufault Publishing, its owners, employees, contractors, representatives, and affiliates from any claims, damages, liabilities, expenses, or legal fees arising from:
24. Force Majeure
Dufault Publishing shall not be liable for delays or failures resulting from events beyond our reasonable control, including:
Production schedules will be adjusted as reasonably necessary under these circumstances.
25. Governing Law
These Terms shall be governed by the laws of the State of Minnesota, without regard to its conflict of law principles.
Any legal action relating to these Terms shall be brought in the state or federal courts located within the State of Minnesota, and each party consents to the jurisdiction of those courts.
26. Severability
If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
27. Entire Agreement
These Terms, together with our Privacy Policy and any written agreements between Dufault Publishing and the customer, constitute the entire agreement regarding the Services and supersede prior understandings or agreements.
28. Waiver
Failure by Dufault Publishing to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights.
29. Contact Information
Questions regarding these Terms may be directed to:
Dufault Publishing
Email: info@dufaultpublishing.com
Copyright © Dufault Publishing - All Rights Reserved.